These sanitary sewer use rules and regulations are intended to do the following:
(a) 
Set uniform requirements for discharges into the wastewater collection and treatment system and enable the city to comply with the administrative provisions of the clean water grant regulations, the water quality requirements set by the applicable effluent limitations, national standards of performance, toxic and pretreatment effluent standards and all 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 the city of Burlingame's sewer system.
(b) 
Provide for and regulate the disposal of sanitary sewage into the sanitary sewer system of the city in such a manner and to such an extent as is reasonably necessary to sustain the ability of the sanitary sewer system to handle and dispose of sanitary sewage.
(c) 
Provide for and regulate the disposal of industrial wastes into the sanitary sewer system of the city in such a manner and to such an extent as may be reasonably necessary to maintain and increase the ability of such system to handle and dispose of industrial waste without decreasing the ability of said system to handle and dispose of all sanitary sewage.
(d) 
Prevent the introduction of pollutants into the sanitary sewer system which will pass through the treatment works of the city and cooperating agencies or otherwise be incompatible with such works or interfere with the ability of the works to treat, discharge and recycle wastewater, or to use or dispose of bio-solids.
(e) 
Improve opportunities to recycle and reclaim treated effluent and wastewater sludge.
(f) 
Protect the physical structures of the sanitary sewer system and the efficient functioning of its component parts.
(g) 
Protect the city, its citizens, and the personnel working in the sanitary sewage system facilities.
(h) 
Preserve and protect the health, safety and property of the public.
(i) 
Protect the environmental health of San Francisco Bay.
(j) 
Provide a means for determining wastewater volumes, constituents and characteristics, the setting of charges and fees and the issuance of permits to certain users.
(k) 
Derive revenues to be used to defray the city's cost of operating and maintaining adequate wastewater collection and treatment systems and to provide funds for capital outlay, bond service costs, capital improvements and depreciation.
(Ord. 913 § 1, (1970); Ord. 1250 § 2, (1983); Ord. 1633 § 2, (2000))
In the event of any conflicts or inconsistencies between the provision of this chapter and any other provisions of this code, the provisions that provide the greatest protection to the sewage works and San Francisco Bay shall prevail as determined by the director of public works.
(Ord. 1633 § 2, (2000))
It is unlawful for any person to:
(a) 
Connect to, construct or install or provide, maintain or use any other means of sewage disposal except by connection to a public sewer as required by this chapter; or
(b) 
Dispose of any sewage in the city in violation of this chapter or of any permit issued pursuant to this chapter.
(Ord. 1250 § 2, (1983); Ord. 1633 § 2, (2000))
When used in this chapter or in connection with any resolution, regulation, permit, order, or other action undertaken pursuant to this chapter, the following words shall have the following meanings:
(a) 
"A" Definitions.
ACT or Act.
"ACT" or "Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, P.L. 92-500, and amendments thereto, as well as any guidelines, limitations, standards, and regulations promulgated by the United States government through the Environmental Protection Agency pursuant to the Act.
Agency.
"Agency" means the city when the context so indicates.
Ammonia.
"Ammonia" means that form of nitrogen which is chemically definable as NH3.
Applicant.
"Applicant" means the person making application for a permit for a sewer or plumbing installation or discharge, and shall be the owner of the premises to be served by the sewer or plumbing installation or from which the discharge is to occur, or the owner's duly authorized agent.
Audit Protocols.
"Audit protocols" mean the procedures to be followed in performing a mass audit study.
Average Concentration.
"Average concentration" means the concentration of a pollutant in an industrial user's discharge that is calculated by adding the concentrations of the particular pollutant in all composite samples taken during a given time period, including, but not limited to, self monitoring samples, and dividing the total by the number of samples taken.
(b) 
"B" Definitions.
Beneficial Uses.
"Beneficial uses" mean uses of the waters of the state that may be protected against quality degradation, including domestic, municipal, agricultural, and industrial supply, power generation, recreation, aesthetic enjoyment, navigation, and the preservation and enhancement of fish, wildlife, and other aquatic resources or reserves, and other uses, both tangible or intangible as specified by federal or state law.
Best Management Practices.
"Best management practices" mean schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of pollutants to the sanitary sewer system which have been determined by the director to be cost effective for particular industry groups, business types, or specific industrial processes.
BOD or Biochemical Oxygen Demand.
"BOD" or "biochemical oxygen demand" means the measure of decomposable material in domestic or industrial wastewaters as represented by the oxygen utilized in decomposition over a period of incubation of five days at 20 degrees centigrade under laboratory conditions pursuant to standard methods.
Building.
"Building" means any structure used for a residence, place of business, recreation, or other purpose of human habitation.
Building Sewer.
"Building sewer" means that portion of any sewer conveying wastewater from the premises of a user to a community sewer, beginning at the plumbing or drainage outlet of any building and running to the lateral sewer at or near the property line.
(c) 
"C" Definitions.
Categorical Pretreatment Standards.
"Categorical pretreatment standards" means the limitations on pollutant discharges to POTWs promulgated by EPA in accordance with Section 307 of the Act, that apply to specified process wastewaters of particular industrial categories. [40 CFR 403.6 and Parts 405-471].
COD or Chemical Oxygen Demand.
"COD" or "chemical oxygen demand" means the measure of chemically decomposable material in domestic or industrial wastewater as represented by the oxygen utilized as determined by the appropriate procedure described in standard methods.
Code of Federal Regulations or CFR.
"Code of Federal Regulations" or "CFR" means the Code of Federal Regulations published by the Office of the Federal Register, National Archives and Records Administration. Whenever a reference is made to any portion of the CFR, or to any other federal regulation, that reference shall include all amendments and additions to that portion of the CFR or regulation, now or hereinafter adopted.
Combined Sewer.
"Combined sewer" means a sewer receiving both surface runoff and sewage.
Commercial User (COM).
"Commercial user" or "COM" means any person who discharges non-domestic wastewater and who provides a service or engages in the purchase or sale of commodities.
Community Sewer.
"Community sewer" means a sewer owned and operated by the city and tributary to a treatment facility operated by the city.
Compatible Pollutant.
"Compatible pollutant" 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 city's treatment plant is designed to treat such pollutants and if, in fact, does remove such pollutants to a substantial degree.
Composite Sample.
"Composite sample" means a flow-proportional or time-proportional sample, which accurately represents the average pollutant concentration discharged during a continuous time period. A composite sample may be obtained manually or automatically, and discretely or continuously. For manual compositing, at least six individual samples from each sample point shall be combined and mixed to obtain one composite sample; flow-proportion may be obtained either by varying the time interval between each discrete sample and the volume of each discrete sample.
Contamination.
"Contamination" means an impairment of the quality of water of the state by waste to a degree that creates a hazard to the public health through poisoning or through the spread of disease. "Contamination" includes any equivalent effect resulting from the disposal of wastewater, whether or not waters of state are affected.
Contractor.
"Contractor" means an individual, firm, corporation, partnership, or association licensed by the state to perform the type of work to be done under the permit.
Control Authority.
"Control authority" means the POTW.
Cost Effective.
"Cost effective" means that total project costs, if financed over a five year period at the prime interest rate published in the Wall Street Journal plus 2% at the time the project costs are being determined, do not exceed the total savings that would be generated by the project during the same five year period. Project costs shall also be considered cost effective, if financing assistance is available to the discharger, from the city or any other source, at a lower rate and the project costs, if financed over a five year period at that rate, do not exceed the total savings that would be generated by the project during the same five year period.
Critical User.
"Critical user" means a discharger whose wastewater contains priority pollutants, or who discharges waste that has the potential to cause interference, excluding sanitary sewage.
(d) 
"D" Definitions.
Department.
"Department" means the city department of public works.
Diluting Waters.
"Diluting waters" means noncontact cooling water, boiler blowdown, domestic sewage, groundwater, stormwater, surface drainage, or potable waters which are not a part of an industrial process and which do not contain priority pollutants but which are combined with industrial wastewater prior to the monitoring point for industrial wastewater discharge.
Director.
"Director" means the city director of public works, or the director's designee.
Discharger.
"Discharger" means any person who discharges or causes a discharge to a public sewer. See also specific discharger definitions.
Dissolved Solids or Dissolved Matter.
"Dissolved solids" or "dissolved matter" means the solid matter in solution in the wastewater and shall be determined by evaporation of a sample from which all suspended matter has been removed by filtration as determined by the procedures in the standard methods.
Domestic Wastewater.
"Domestic wastewater" means the water-carried wastes and wastewater produced from noncommercial and nonindustrial activities and that result from normal human living processes.
(e) 
"E" Definitions.
Effluent.
"Effluent" means the liquid outflow of any facility designed to treat, convey, or retain wastewater.
Engineer.
"Engineer" means the city director of public works.
Existing Source.
"Existing source" means a source of discharge that is not a new source.
(f) 
"F" Definitions.
Fats, Oils, and Grease (FOG).
"Fats, oils, and grease (FOG)" means organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules.
(g) 
"G" Definitions.
Garbage.
"Garbage" means wastes from the preparation, cooking and dispensing of foods, and from the handling, storage, and sale of produce.
Grab Sample.
"Grab sample" means a single discrete sample collected at a particular time and place which represents the composition of the waste stream only at that time and place with no regard to the flow in the waste stream.
Grease Interceptor.
"Grease interceptor" means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept nonpetroleum fats, oil, and greases (FOG) from a wastewater discharge.
(i) 
Gravity Grease Interceptor.
"Gravity grease interceptor" means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept nonpetroleum fats, oils, and greases (FOG) from a wastewater discharge and is identified by volume, 30 minute retention time, baffle(s), not less than two compartments, a total volume of not less than 300 gallons (1,135 L), and gravity separation.
(ii) 
Hydromechanical Grease Interceptor.
"Hydromechanical grease interceptor" means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept nonpetroleum fats, oil, and grease (FOG) from a wastewater discharge and is identified by flow rate, and separation and retention efficiency.
Grease.
"Grease" means ether-soluble matter, and shall include each of the following two types:
(i) 
Dispersed grease, which means grease which is not floatable grease;
(ii) 
Floatable grease, which means grease which floats on the surface of quiescent sewage water or other liquid or which floats when mixed or added to water.
Groundwater Discharger.
"Groundwater discharger" means a discharger that pumps and treats contaminated groundwater and discharges to the sanitary sewer system. This class of discharger is variable, so that some permits are a year in length while others may be written for a week. Hydrocarbons are the most common pollutants.
(i) 
"I" Definitions.
Incompatible Pollutant.
"Incompatible pollutant" means any pollutant that is not a "compatible pollutant" as defined above.
Industrial Connection Sewer.
"Industrial connection sewer" means the sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying industrial wastewater.
Industrial User.
"Industrial user" means any non-residential user that discharges industrial wastes to the sanitary sewer system.
Industrial Wastes.
"Industrial wastes" means the wastes from producing, manufacturing and processing operations of every kind and nature.
Industrial Wastewater.
"Industrial wastewater" means all water-carried wastes and wastewater of the community, excluding domestic wastewater and uncontaminated water, and includes all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes from non-human origin.
Inspector.
A person authorized by the director to inspect wastewater generation, conveyance, processing, disposal, and monitoring facilities.
Interceptor.
"Interceptor" means a food service device designed and installed to separate and retain deleterious, hazardous, or undesirable matter from normal wastes and permit normal sewage or liquid wastes to discharge into the disposal terminal by gravity.
Interference.
(i) 
"Interference"
means a discharge which alone, or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the processes or operation of the sanitary sewer system, including the POTW, prevents the POTW from using its chosen sludge use/disposal practice, or causes or significantly contributes to a violation of any requirement of the National Pollutant Discharge Elimination System (NPDES) Permit, which is a permit issued to the city pursuant to Section 402 of the Act.
(ii) 
"Interference"
also includes prevention of bio-solids use or disposal by the POTW in accordance with published regulations providing guidelines under Section 405 of the Act [33 U.S.C. Sections 1251–1387] or in regulations developed pursuant to the Solid Waste Disposal Act (SWDA) [42 U.S.C. Section 6901, et seq.], the Toxic Substances Control Act [15 U.S.C. Sections 2601–2654], or more stringent state regulations (including those contained in any state bio-solids management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
(j) 
(Reserved)
(k) 
(Reserved)
(l) 
"L" Definitions.
Lateral Sewer.
"Lateral sewer" means the portion of a sewer lying within a public right-of-way or easement between the city cleanout and the main sewer to which a building sewer is connected.
Light Discharger.
"Light discharger" means a discharger that contributes less than 50 pounds per day of BOD or suspended solids to the sanitary sewer system. This category is often defined by whether or not the discharger has a grease trap.
(m) 
"M" Definitions.
Main Sewer.
"Main sewer" means a public sewer designed to accommodate more than one lateral sewer.
Major Contributing Industry.
"Major contributing industry" means any wastewater contributor identified in the Standard Industrial Classification (SIC) Manual in any of Divisions A, B, D, E, and I that:
(i) 
Has a discharge flow of 50,000 gallons or more per average work day; if seasonal, the average shall be computed on the period of use; or
(ii) 
Has a flow of or pollutant loading greater than 5% of the total flow to the POTW.
Manager.
"Manager" means the city manager.
Mass Audit Study.
"Mass audit study" means an investigation of pollution prevention and source reduction measures performed by or for an industrial user, pursuant to audit protocols adopted by the director, to analyze the volume and concentration of nickel, copper, and/or any other priority pollutant identified in regulations adopted by the director in an industrial user's process streams and discharge, and to identify the maximum feasible reduction measures available to the industrial user.
Maximum Allowable Concentration.
"Maximum allowable concentration" means the highest permissible concentration or other measure of pollutant magnitude taken at a specific point in time.
Maximum Feasible Reduction Measures.
(i) 
"Maximum feasible reduction measures" mean all individual measures, and all functionally interdependent measures, of reducing the mass of specified pollutants in an industrial user's discharge, which the director finds would be cost effective if installed by the industrial user.
(ii) 
For the purpose of this chapter, individual measures which are not cost effective shall nonetheless be considered part of a functionally interdependent group of cost-effective measures if they substantially reduce the mass of pollutants discharged, and the other measures with which they are grouped are their functional prerequisite.
Moderate Discharger.
"Moderate discharger" means a discharger that contributes 50 to 150 pounds per day of BOD or suspended solids to the sanitary sewer system. This category is generally defined by the presence of a grease interceptor or one or more grease traps.
(n) 
"N" Definitions.
New Source.
"New source" means any wastewater generating processes constructed after the publication of proposed Pretreatment Standards that are applicable to that source and that are independent of an existing source.
Non-Conventional Discharger.
"Non-conventional discharger" means a discharger involved in any business or manufacturing where the possibility exists that hazardous or toxic material may be discharged to the sewer system.
(o) 
"O" Definitions.
Outlet.
"Outlet" means the end of a house plumbing system three feet outside the foundation of the building.
(p) 
"P" Definitions.
Pass-Through.
"Pass-through" means a discharge that exits the sewage treatment system to the waters of the United States in quantities or concentrations that alone, or in conjunction with other discharges, causes a sewage authority to violate its NPDES permit.
Peak Flow Rate.
"Peak flow rate" means the average rate at which wastewater is discharged to a public sewer during the highest 30 minute flow period in the preceding 12 months.
Permit.
"Permit" means any written authorization required pursuant to this or any other ordinance or regulation of the city for the installation of any sewer or the discharge of waste into the sewer system.
pH.
"pH" means the logarithm of the reciprocal of the concentration of hydrogen ions in moles per liter of solution.
Plant.
"Plant" means the city POTW.
Plumbing System.
"Plumbing system" means all plumbing fixtures and traps or soil, waste, special waste and vent pipes, and all sanitary sewer pipes within a building and extending to the building sewer connection three feet outside the building foundation.
Pollution.
"Pollution" means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
POTW.
"POTW" means the city treatment works, which is a treatment works as defined by Section 212 of the Act. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to the POTW.
Premises.
"Premises" means a single-family dwelling, duplex, triplex, quadplex, apartment house, commercial building, industrial building, or other structure used or useful for habitation or other occupancy of human beings.
Pretreatment or Treatment.
"Pretreatment" or "treatment" means the reduction of the amount of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR Section 403.6(d).
Priority Pollutants.
"Priority pollutants" mean all pollutants as defined by the "General Pretreatment Regulations" of the Environmental Protection Agency, found at 40 CFR 401 and 403.
Process Flow.
"Process flow" means the daily, 24 hour, flow of wastewater from any kind or nature of production, manufacturing or processing operation, including industrial and commercial operations where water is used for the removal of any type of waste other than sanitary sewage. Process flow does not include diluting waters.
Publicly Owned Treatment Works or POTW.
"Publicly owned treatment works" or "POTW" means a treatment works as defined by Section 212 of the Act [33 U.S.C. Section 1292], which is owned by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewer, or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city POTW.
Public Sewer.
"Public sewer" means any sewer dedicated to public use and whose use is controlled by a public corporation.
(q) 
(Reserved)
(r) 
"R" Definitions.
Reasonable Control Measures.
"Reasonable control measures" mean control technologies, best management practices, source control practices and waste minimization procedures which prevent or reduce the introduction of pollutants to the sanitary sewer system and are determined by the director to be cost effective for particular industry groups, business types, or specific industrial processes.
(s) 
"S" Definitions.
Sanitary Sewer.
"Sanitary sewer" means a sewer that carries sanitary sewage to which storm, surface, and groundwater are not intentionally admitted.
Sanitary Sewage.
"Sanitary sewage" means water-carried wastes from residences, business buildings, institutions, and industrial establishments, excluding ground, surface and storm waters, subsurface drainage and also excluding industrial waste.
Sanitary Sewer System or Sewerage System.
"Sanitary sewer system" or "sewerage system" means all sewers, treatment plants, and other facilities owned or operated by the city for carrying, collecting, pumping, treating, and disposing of sanitary sewage and industrial wastes.
Sewage.
"Sewage" means a combination of water-carried waste from residences, business buildings, public buildings, institutions, and industrial establishments.
Sewage Pumping Plant.
"Sewage pumping plant" means any facility designed and constructed to raise wastewater in elevation or to overcome head losses due to pipeline friction.
Sewer.
"Sewer" means a pipe or conduit for carrying sewage.
Sewerage.
"Sewerage" means any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater.
Side Sewer.
"Side sewer" means the sewer line beginning at the house outlet and terminating at the main seer and includes the building sewer and the lateral sewer.
Significant Change.
"Significant change" means any change in an industrial user's operation that results in a flow that exceeds the expected peak flow as shown in the sewage treatment plant expansion connection charge calculation for the property on which the industrial user is located.
Significant Industrial User or SIU.
"Significant industrial user" or "SIU" means:
(i) 
A discharger subject to categorical pretreatment standards; or
(ii) 
A non-categorical discharger that in the opinion of the manager, requires special regulation or source control; or
(iii) 
A non-categorical discharger that contributes a process wastestream that makes up 5% or more of the average dry weather capacity of the POTW treatment plant, or that discharges an average of 25,000 gallons or more per day of process wastewater to the POTW; or
(iv) 
A non-categorical discharger that contributes more than 150 pounds per day of BOD or suspended solids.
Significant Non-Compliance.
"Significant non-compliance" means a compliance status assigned to an industrial discharger meeting any of the following criteria:
(i) 
Chronic violations of wastewater discharge limits are those violations in which 66% or more of all the measurements taken for the same pollutant parameter during a six month period exceeds (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1); or
(ii) 
Technical review criteria (TRC) violations of wastewater discharge limits, defined here as those violations in which 33% or more of measurements taken for each pollutant parameter during a six month period equal to or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC value (TRC = 1.4 BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except pH); or
(iii) 
Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); or
(iv) 
A discharge of imminent endangerment to human health, welfare, or the environment, or has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such discharge; or
(v) 
Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; or
(vi) 
Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, 90 day compliance reports, periodic self-monitoring reports, and reports on compliance schedules; or
(vii) 
Failure to accurately report non-compliance; or
(viii) 
Any other violation or group of violations, which may include a violation of best management practices (BMPs), which the director determines will adversely affect the operation or implementation of the local pretreatment program.
Single-Family Unit.
"Single-family unit" means the place of residence of single-family. Property improved for multifamily purposes shall constitute the number of units that the facilities thereon provide in number of single-family units. When such improvements are for other than residential purposes, the number of units shall be determined by dividing the total number of persons regularly using or occupying those premises by four. When this property is unsubdivided, it shall be deemed to have four lots to the acre, unless the city council, in its sole discretion, specially fixes some other number of lots therefor.
Slug Load or Slug Discharge.
"Slug load" or "slug discharge" means any discharge at a flow rate or concentration, which could cause a violation of prohibited discharge standards in Section 15.10.040 of this chapter. A slug discharge is any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.
Standard Methods.
"Standard methods" mean the procedures set forth in the Code of Federal Regulations unless another method for the analysis of industrial wastewater has been approved in writing in advance of use of the procedure by the director. The current edition of Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association. All analyses shall be performed by a laboratory certified by the State for the specific pollutants and matrix to be analyzed, unless otherwise approved in writing, by the director, prior to performance of a sample analysis.
Storm Sewer or Storm Drain.
"Storm sewer" or "storm drain" means a sewer that carries storm and surface or groundwaters and drainage, but excludes sewage and polluted industrial wastes.
Stormwaters.
"Stormwaters" mean the flow resulting from rainfall.
Street.
"Street" means any public highway, public road, public street, public avenue, public alley, public way, public place, public easement, or public right-of-way.
Suspended Solids or Suspended Matter.
"Suspended solids" or "suspended matter" means solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids and that removable by laboratory filtration in accordance with procedures described in Standard Methods.
(t) 
"T" Definitions.
Technical Review Criteria or TRC.
"Technical review criteria" or "TRC" means the multipliers used to gauge the degree or severity of violations.
Total Toxic Organics.
"Total toxic organics" (TTOs) means the sum of the concentrations for each of the regulated toxic organic compounds listed at 40 CFR 401.15 and which are found in the discharge at a concentration greater than 10 micrograms per liter.
Toxic Pollutant.
"Toxic pollutant" means any pollutant or any combination of pollutants listed as toxic in regulations promulgated by the EPA under the provisions of CWA 307(a) or other statutes.
Trucked or Hauled Waste.
"Trucked or hauled waste" means any waste discharged into the sanitary sewer system after being placed in a motorized vehicle for removal from the location where the waste was generated or produced.
Trunk Sewer.
"Trunk sewer" means a sewer constructed, maintained, and operated by the city that conveys wastewater and into which lateral and collecting sewers discharge.
(u) 
"U" Definitions.
Uncontaminated Water.
"Uncontaminated water" means any wasted water of the community not contaminated or polluted with wastewater and that is suitable or could readily be suitable for discharge to the city's stormwater drainage system.
User.
"User" means any person responsible for payment of sewer service charges.
(v) 
(Reserved)
(w) 
"W" Definitions.
Wastewater.
Wastewater means the liquid- and water-carried industrial or domestics wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, that is contributed into or permitted to enter the POTW.
(Ord. 1633 § 2, (2000); Ord. 1791 § 2, (2006); Ord. 1868 § 2, (2011); Ord. 2013 § 5, (2023))
When used in this chapter or in connection with any resolution, regulation, permit, order, or other action undertaken pursuant to this chapter, the following abbreviations shall have the following meanings:
BMP
—
Best Management Practice
BOD
—
Biochemical Oxygen Demand
CFR
—
Code of Federal Regulations
COD
—
Chemical Oxygen Demand
CPC
—
California Plumbing Code
EPA
—
Environmental Protection Agency
FOG
—
Fats, Oils, and Grease
L
—
Liter
mg
—
Milligrams
mg/L
—
Milligrams per Liter
NPDES
—
National Pollutant Discharge Elimination System
POTW
—
Publicly Owned Treatment Works
SIC
—
Standard Industrial Classification
SIU
—
Significant Industrial User
SWDA
—
Solid Waste Disposal Act [42 U.S.C. Section 6901 et seq.]
USC
—
United States Code
TSS
—
Total Suspended Solids
(Ord. 1633 § 2, (2000); Ord. 2013 § 6, (2023))
The owner of any premises occupied or used by humans and containing any plumbing installation whatsoever is required at the owner's expense to connect the building or structure directly to the city sewerage works, in accordance with the provisions of this chapter, Chapter 15.08, and Title 18, within 90 days from completion of the plumbing installation.
(Ord. 913 § 1, (1970); Ord. 1250 § 2, (1983); Ord. 1633 § 2, (2000))
No building, industrial facility nor other structure shall be occupied or used until and unless the owner of the premises has complied with all applicable rules and regulations of this chapter.
(Ord. 1250 § 2, (1983); Ord. 1633 § 2, (2000))
(a) 
Approval Required. No person shall construct or cause to be constructed, or alter or cause to be altered, any public sewer, lateral sewer, house connection or industrial connection sewer, sewage pumping plant, pollution control plant, or other sewerage facility in the city where existing or proposed wastewater flows will discharge directly or indirectly to city facilities without first obtaining approval of the sewerage construction from the city. This subsection shall not apply to duly authorized city employees or persons contracted to the city to perform the work for the city.
(b) 
Permit Required or Construction of Sewer or Sewer Connection.
(1) 
No person shall construct a building sewer or lateral sewer or make any connection with or opening into, use, alter, or disturb any public sewer or appurtenances or perform any work on any lateral or building sewer without first obtaining a written permit from the city and paying all fees and connection charges therefor.
(2) 
A person legally entitled to apply for and receive such a permit shall make application on forms provided by the city for that purpose. The applicant shall give a description of the character of the work to be done, and the location, ownership, occupancy, and use of the premises related to the work. The director may require plans, specifications, or drawings, and such other information as the director may deem necessary in the director's professional judgment.
(3) 
If the director determines that the plans, specifications, drawings, description, and information furnished in connection with the application are in compliance with this code and the ordinances, rules, and regulations governing the proposed work and installation, the director shall issue the permit upon payment of the required fees and charges. The director may attach conditions to the permit that are reasonably necessary to ensure compliance with this code and the ordinances, rules, and regulations governing the proposed work and installation.
(c) 
Compliance With Permit. After issuance of the permit, no change shall be made in the location of the sewer, the grade, materials, or other details from those described in the permit and as shown in the approved plans and specifications for which the permit was issued nor any deviation shall occur from any condition attached to the approved permit except with written authorization from the department, the inspector, or other duly authorized city employee.
(d) 
Agreement. The applicant's signature on an application for a permit pursuant to this section shall constitute an agreement by the applicant and any person whom the applicant represents in connection with the application to comply with the terms, requirements, and conditions of this code, the ordinances, rules, and regulations governing the proposed work and installation, with the approved plans and specifications for the work, if any, and with the conditions placed on the permit as well as any corrections or modifications that may be ordered or permitted by the city. This agreement shall be binding on the successors and assigns of the applicant and the persons whom the applicant represents in connection with the application.
(e) 
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 pursuant to this section shall be borne by the owner of the premises to be served by the work. The owner shall indemnify the city and its officers and employees from any loss or damage that may directly or indirectly be caused by the work.
(f) 
Additional Permits. The persons seeking to do the work under a permit issued pursuant to this section shall be solely responsible for obtaining all other permits from any agency or permission from any person necessary to performing the work, including any excavation or encroachment permit from the city.
(g) 
Liability. Neither the city, nor any of its officers, employees, or agents, shall be answerable for any liability for injury or death to any person or damage to any property arising during or growing out of the performance of work performed under any permit issued pursuant to this section. The permitholder shall be answerable for and save the city, its officers, employees, and agents harmless from any liability imposed by law upon the city, its officers, employees, and agents, and from any claims that may be made against the city, its officers, employees, and agents, including all costs, expenses, attorney fees, fees, and interest incurred in defending any such liability or claims. The permit holder shall be responsible for any defects in the design or performance of work under the permit or any failure that may develop in that work.
(Ord. 1633 § 2, (2000))
(a) 
Minimum Size. The minimum size of a building sewer shall be six-inch diameter. However, in any building designed or to be used exclusively for residential occupancy of six dwelling units or less, the minimum size shall be four-inch diameter. The director may order or authorize a different size of building sewer consistent with the California Plumbing Code as amended by this code.
(b) 
Public Safety. All excavations for a lateral sewer installation shall be adequately guarded with barricades or lights so as to protect the public from hazard. Any public property disturbed in the course of the work shall be restored to a condition that is as good or better than existed before the work began.
(c) 
The requirements of subsection (a) above shall not apply retroactively, but any replacement of an existing sewer shall conform to subsection (a).
(Ord. 1633 § 2, (2000))
(a) 
Definitions.
"Backwater protection"
means a backwater valve, ejector or pump system, or relief valve or a combination of two or more of these devices that is approved by the building official and intended to prevent sewage from backflowing into a structure.
"Drainage unit fixture"
means a drainage unit fixture listed in table 7-3 of the 1998 California Plumbing Code.
"Inadequate height differential"
means that the flood level rim of a drainage unit fixture on a property's sanitary sewage drainage system is less than one foot above the next upstream manhole or flushing inlet cover on the sanitary sewer main serving the fixture's drainage piping.
"Licensed professional"
means a person authorized under California law to render an applicable certification to the property owner and the city regarding a specific question under this section.
(b) 
Ongoing Responsibility. In addition to installing backwater protection when required pursuant to Title 18, a property owner shall ensure that backwater protection is installed and fully operable in the building sewer or sewers serving the property owner's real property whenever an inadequate height differential situation exists on the property.
(c) 
Addition of Drainage Unit Fixture. Whenever any drainage fixture unit is to be added to real property, the property owner shall obtain and file with the building official at the time of application for a building permit for the fixture unit a written certification by a licensed professional determining whether an inadequate height differential situation exists on the real property. If such a situation exists, the property owner shall provide the backwater protection described in section 18.12.080 or permanently remove the drainage unit fixture or fixtures that have an inadequate height differential before completion of installation of the additional drainage unit fixture.
(d) 
Proof of Previous Installation. Instead of providing certification pursuant to subsections (c) as applicable, a property owner may file a certification from a licensed professional demonstrating that backwater protection as approved by the building official has been installed on the property's sewage drainage system and is fully operable. This certification is subject to inspection confirmation by the city.
(e) 
Maintenance. Property owners are responsible for ensuring that backwater protection is properly maintained and functioning at all times. Backwater protection is subject to inspection by the city at any reasonable time, and failure to properly install and maintain this protection may result in suspension of sewer service.
(f) 
Compliance with Titles 15 and 18. Any installation of backwater protection or modification to any sewer shall be performed and inspected under the requirements of titles 15 and 18 of this code and established city procedures.
(Ord. 1710 § 2, (2003); Ord. 1723 § 2, (2003))
(a) 
All sewer construction work, building sewers, plumbing and draining systems shall be inspected by an inspector authorized by the city to insure compliance with all city requirements. No sewer shall be covered until it has been inspected and passed. No sewer shall be connected to the city's public sewer until the work encompassed within the applicable permit has been completed, inspected, and approved by the city inspector. If the test proves satisfactory and the seer has been cleaned of all debris accumulated from construction operations, the inspector shall issue a certificate of satisfactory completion.
(b) 
It shall be the duty of the person doing the work authorized by permit to notify the department that the work is ready for inspection. This notification shall be given at least 24 hours before the work is to be inspected. The person doing the work shall ensure that the work will stand the tests required by the city before making a request for inspection.
(c) 
All building sewers and lateral sewers shall be tested in the presence of the city inspector by filling the line with water or air and inspecting for excessive leakage. Fittings, plugs, water, and labor for testing shall be furnished by the person constructing the sewer. If the existing lateral is to remain, it shall be tested as specified above. All lines showing excessive leakage shall be repaired or replaced at the sole expense of the person controlling the work to the satisfaction of the city inspector.
(d) 
When work has been inspected pursuant to this section and the work has not passed, a written notice to that effect will be given instructing the owner of the work to repair the sewer or other work authorized by the permit in accordance with the permit requirements.
(Ord. 913 § 1, (1970); Ord. 1250 § 2, (1983); Ord. 1633 § 2, (2000))
(a) 
The city shall not be responsible for maintenance or repair of any lateral sewer unless the lateral sewer conforms to all of the requirements of this chapter and other applicable city regulations and the city has expressly determined to provide this maintenance or repair.
(b) 
The city shall have the right to enter onto private property for the purpose of inspection, maintenance, repair, rehabilitation, or replacement of the portion of the lateral sewer that may be maintained by the city.
(Ord. 1633 § 2, (2000); Ord. 1825 § 3, (2008))
(a) 
No person shall discharge, cause or allow or permit to be discharged any substance into a manhole or other opening in a community sewer except through an approved building sewer, unless that person has first obtained a permit to do so from the city.
(b) 
No person shall discharge, cause or allow or permit to be discharged any sewage, industrial waste, or other polluted waters into any storm drain or natural outlet or creek or stream or channel without first obtaining a valid National Pollutant Discharge Elimination System (NPDES) permit.
(Ord. 1633 § 2, (2000))
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment that is part of the sewerage works or any sampling device.
(Ord. 1633 § 2, (2000))
(a) 
No person shall discharge or cause to be discharged to a public sanitary sewer any substance or waste that contains substances or has characteristics that either alone or by interaction with other wastewaters cause or threaten to cause interference or pass-through.
(b) 
No person shall discharge to any public sewer any wastes, if in the opinion of the city, those wastes may have any adverse or harmful effect on sewers, maintenance personnel or equipment, wastewater treatment personnel or equipment, treatment plant effluent quality, public or private property, aquatic life in any waters receiving effluent from the sanitary sewer system, or create a hazard in the use or disposal of sewage sludge, or may otherwise endanger the public, the local environment, or create a public nuisance.
(c) 
No person shall discharge or cause to be discharged to a public sewer any waste, including any fats, oils, or grease, that creates a stoppage, plugging, breakage, any reduction in the sewer capacity, or any other damage to sewers or sewerage facilities of the city.
(Ord. 1633 § 2, (2000); Ord. 1825 § 4, (2008))
No person shall discharge or cause to be discharged to a public sanitary sewer any of the following wastes:
(a) 
Any wastewater containing any flammable liquid, solid, vapor, or gas or other substance, including, but not limited to, any substance having a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius, using the test methods specified in 40 CFR 261.21. Prohibited materials include but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides, and any other substances that the city, the state, or the EPA has notified the user is a fire or explosive hazard or a hazard to the system; or
(b) 
Any waste having a pH lower than 5.0 or having any corrosive or detrimental characteristic that may cause injury to any person operating, maintaining, repairing, or constructing the sanitary sewer system or any part thereof, or working in or about the sanitary sewer system, or any damage to any part of the sanitary sewer system, or any waste with a pH high enough to cause alkaline incrustations on sewer walls; or
(c) 
Any solids or viscous substances of such size or in such quantity that they may cause flow obstruction in any part of the sewer or be detrimental to proper wastewater treatment plant operations. Such substances include but are not limited to, asphalt, cement, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metal, glass, rages, feathers, tar, plastics, wood, whole blood, paunch manure, bones, hair and fleshings, entrails, fats, oils, grease, paper dishes, paper cups, milk containers, or similar paper products, either whole or ground, and resins; or
(d) 
Any wastes with excessively high BOD, COD, or decomposable organic content that will cause interference with the sanitary sewer system; or
(e) 
Any waste containing heat in amounts that will inhibit biological activity at the POTW resulting in interference, but in no event, no liquid, solid, vapor, gas, or thing having or developing a temperature of 150 degrees Fahrenheit or more, or that may cause the temperature at the POTW to exceed 104 degrees Fahrenheit or
(f) 
Any non-biodegradable cutting oils, commonly called soluble oil; or
(g) 
Any petroleum oil, non-biodegradable oil, or refined petroleum product; or
(h) 
Any waste containing toxic or poisonous solids, liquids, or gases in such quantity that alone, or in combination with other waste substances, may create a hazard to humans, animals, or the local environment, interfere with the wastewater treatment processes, cause a public nuisance, or cause any condition hazardous to health and safety in the sewerage system; or
(i) 
Any substance promoting or causing the promotion of toxic gases; or
(j) 
Any waste requiring an excessive quantity of chlorine or other chemical compound used for disinfection purposes; or
(k) 
Any excessive amounts of chlorinated hydrocarbon or organic phosphorous type compounds; or
(l) 
Any excessive amount of deionized water, steam condensate, or distilled water; or
(m) 
Any wastewater producing excessive discoloration of wastewater or treatment plant effluent, such as dye wastes and vegetable tanning solutions; or
(n) 
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 the biological or other wastewater; or
(o) 
Any blow-down or bleed water from cooling towers or other evaporation coolers exceeding one-third of the make-up water; or
(p) 
Any single pass cooling water; or
(q) 
Any quantities of radioactive material wastes; or
(r) 
Recognizable portions of the human anatomy; or
(s) 
Any strongly odorous waste or waste tending to create odors; or
(t) 
Any waste containing greater than 0.1 mg/L of dissolved sulfides; or
(u) 
The use or addition of any chemical or biological agent used for the maintenance of grease traps and interceptors. This includes enzymes, emulsifiers, and bacterial cultures.
(Ord. 913 § 1, (1970); Ord. 1250 § 2, (1983); Ord. 1633 § 2, (2000); Ord. 1791 § 3, 2006); Ord. 1825 § 5, (2008))
No person shall discharge, cause, allow or permit any trucked or hauled waste to be discharged into the sanitary sewer system, except at a site specifically designated in a wastewater discharge permit issued pursuant to this chapter.
(Ord. 1633 § 2, (2000))
(a) 
No person shall discharge, deposit, or throw, or cause, allow or permit to be discharged, deposited, or thrown into the sanitary sewer system, or any part thereof, any garbage, or any fruit, vegetable, animal or other solid material from any food-processing plant or other industrial plant, food establishment or restaurant, or retail grocery store, irrespective of whether or not it shall have been first passed through a mechanical grinder.
(b) 
No person shall install, operate, use or maintain upon the premises of any food-processing plant, or any other industrial plant or retail grocery store, any mechanical grinder or waste grinder that is connected directly or indirectly to the sanitary sewer system, or any part thereof.
(Ord. 1633 § 2, (2000))
The use of diluting waters as a partial or complete substitute for adequate treatment, to achieve compliance, or to meet local limitations for wastewater as set forth in this chapter, or to avoid or minimize any requirements imposed in a wastewater discharge permit is prohibited.
(Ord. 1633 § 2, (2000))
No person shall discharge, cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any liquid containing suspended solids or dissolved matter of such character and quantity that unusual attention or expense is required to handle, process, or treat such matter at the Plant.
(Ord. 1633 § 2, (2000))
No person shall discharge, cause, allow, or permit to be discharged into a public sanitary sewer or any part thereof, any waste containing an excess in concentration of the following substances:
Substance
Maximum Allowable Concentration
Arsenic
0.08 mg/L
BOD
1300 mg/L
Cadmium
0.138 mg/L
Copper
2.0 mg/L
Cyanide
0.292 mg/L
Lead
0.365 mg/L
Mercury
0.010 mg/L
Nickel
0.445 mg/L
Phenol
7.8 mg/L
Selenium
0.106 mg/L
Silver
0.200 mg/L
TSS
1200 mg/L
Total Chromium
2.532 mg/L
Zinc
0.386 mg/L
These limitations are subject to amendment at any time, and no permit granted under this chapter shall constitute any vested right of any kind to continue to maintain concentrations at this or any other level.
(Ord. 1633 § 2, (2000); Ord. 1791 § 4, (2006))
No person shall discharge or cause or allow or permit to be discharged any pollutant, including oxygen demanding pollutants to be released at a flow rate or a pollutant concentration, or both, that a user knows or has reason to know will cause interference to the POTW. In no event shall a person discharge or cause or allow or permit a discharge to have a slug load with a flow rate or contain a concentration or qualities of pollutants that exceeds for any time period of more than five times the average 24 hour concentration quantities or flow during normal operation.
(Ord. 1633 § 2, (2000))
(a) 
No person shall discharge any holding tank waste into a community sewer unless that person has obtained a permit to do so from the city. Unless otherwise specifically allowed under the terms of a city permit, a separate permit shall be required for each separate discharge.
(b) 
No person shall discharge or cause or allow or permit to be discharged directly or indirectly to a public sewer any wastes originating from a recreational vehicle, boat, camper, mobile home, trailer, portable toilet, chemical toilet, or any temporary or mobile sanitation facility except pursuant to permit issued by the city at a facility designed and operated for this type of discharge.
(Ord. 1633 § 2, (2000))
(a) 
No person shall discharge, cause or allow or permit any stormwater, roof or yard drainage, foundation, underdrainage, or groundwater to be discharged into the sanitary sewer system without first obtaining a permit from the city to do so. Such a permit shall only be granted in exceptional cases of public necessity when no other reasonable alternative is available.
(b) 
No plumbing or piping shall be connected or designed in such a manner as to make possible the discharge of storm, surface and underground waters into the sanitary sewer system without first obtaining a permit from the city as described in subsection (a).
(Ord. 1633 § 2, (2000))
(a) 
Hospitals, medical clinics, offices of medical doctors, and convalescent homes may discharge to the sanitary sewer system through a city-approved grinder installation with inlet size and design features suitable for its intended use and so construct that all particles pass through a maximum three-eighths-inch opening wastes of the following category:
(1) 
Infectious wastes defined as follows:
(A) 
Laboratory and surgical operating room wastes except as excluded in subsection (b); and
(B) 
Wastes from outpatient areas and emergency rooms similar those included in subsection (A) above with the same exclusions; and
(C) 
Solid wastes generated in the rooms of patients who are not isolated because of a suspected or diagnosed communicable disease.
(b) 
In no event shall any person discharge, or cause or allow or permit the following wastes to be discharged to the sewer by any means:
(1) 
Equipment, instruments, utensils, and other materials of a disposable nature that may harbor or transmit pathogenic organisms and that are used in the rooms of patients having a suspected or diagnosed communicable disease which by the nature of the disease is required to be isolated; or
(2) 
Any recognizable portions of the human anatomy; or
(3) 
Wastes excluded by other provisions of this chapter except as specifically permitted pursuant to subsection (a); or
(4) 
Any solid waste not specifically described in subsection (a).
(Ord. 1633 § 2, (2000))
The rate of discharge of industrial wastes to the sewer system shall be limited to the capacity of the lateral and main sewers flowing as open-channel conduits. Facilities shall be provided for dampening or equalizing "slug" discharges in order to comply with concentration restrictions as defined in this chapter.
(Ord. 913 § 1, (1970); Ord. 1250 § 2, (1983); Ord. 1633 § 2, (2000))
(a) 
Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter into either the storm sewer or sanitary sewer systems. The city shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The city may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges.
(b) 
Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the industrial user's expense.
(c) 
Any direct or indirect connection or entry point for deleterious wastes to the discharger's plumbing or drainage system shall be eliminated through reasonable disconnection or barriers as necessary to ensure protection to the system.
(d) 
Significant industrial users are required to notify the city immediately of any changes at its facility affecting the potential for a slug load/slug discharge.
(Ord. 1868 § 3, (2011))
(a) 
An industrial wastewater pretreatment system or device may be required by the city to treat industrial flows prior to discharge to the sewer 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. All pretreatment systems or devices shall be approved by the city but such approval shall not absolve the industrial discharger of the responsibility of meeting any industrial effluent limitation required by the city, county, state, or federal government. In special cases, the city may require construction of sewer lines by the discharger to convey certain industrial wastes to a specific city trunk sewer. All pretreatment systems judged by the city to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed in the state.
(b) 
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. Floor drains from commercial or manufacturing buildings, warehouses, multi-use structures, areas where any waste requiring pretreatment is involved shall not discharge directly into the sewer, but shall first discharge to a gravity separation interceptor. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at owner's expense.
(c) 
The city may adopt additional rules and regulations by resolution, after a public hearing, for administration of this section.
(d) 
Any petroleum-contaminated groundwater shall be processed through an activated carbon pretreatment system approved by the city prior to discharge to the sanitary sewer system. This discharge shall only be done under permit.
(Ord. 913 § 1, (1970); Ord. 1250 § 2, (1983); Ord. 1633 § 2, (2000))
(a) 
Any type of business or establishment that is required to install an interceptor shall be consistent with the recommended procedure for sizing, design, and installation based on the current adopted California Plumbing Code and design approved by the director of public works.
(b) 
Each interceptor shall be so installed and connected that it shall be at all times easily accessible for inspection, cleaning and removal of grease.
(c) 
The interceptor should be situated on the discharger's premises but when such a location would be impractical or cause undue hardship on the discharger, the city may issue an encroachment permit to allow the device to be installed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. However, such a device shall not at any time pose a hazard or obstruction to public use of the street or sidewalk area.
(d) 
Waste discharge from fixtures and equipment in establishments which may contain grease or other objectionable materials, including, but not limited to, scullery sinks, pot and pan sinks, dishwashers, food waste disposals, soup kettles, mop sinks, floor sinks, and floor drains located in areas where such objectionable materials may exist, may be drained into the sanitary waste through the interceptor when approved by the director; provided, however, that toilets, urinals, wash basins, and other fixtures containing fecal material shall not flow through the interceptor. Heat in amounts that may cause interference with the FOG separation process shall not be connected to a grease interceptor unless approved by the director of public works.
(e) 
Interceptors shall be maintained in efficient operating condition by periodic removal of the accumulated grease in accordance with the manufacturer's operations manual or as deemed by the inspector. The use of chemicals to dissolve grease is specifically prohibited. No accumulated grease shall be introduced into any drainage piping or public or private sewer. Users with interceptors shall maintain them in good operating condition at all times.
(f) 
The discharger shall develop and maintain a record of periodic maintenance, and pumping of the interceptor records shall be retained for a period of not less than three years. All records shall be available for inspection in either physical or electronic form.
(g) 
Pumping shall be sufficiently frequent to prevent objectionable odors, surcharge of the interceptors, or interference with the operation of the sanitary sewer system.
(h) 
Abandoned interceptors shall be emptied and filled as required for abandoned septic tanks in accordance with the California Plumbing Code.
(i) 
Existing users may be required to install an interceptor for the proper handling of grease-laden wastewaters approved by the director of public works. The discharger is responsible for obtaining all necessary permits before installing a required interceptor.
(Ord. 913 § 1, (1970); Ord. 1250 § 2, (1983); Ord. 1633 § 2, (2000); Ord. 2013 § 7, (2023))
No person shall discharge, cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any garbage, or any fruit, vegetable, animal, or other solid industrial wastes resulting from the processing, packaging, or canning of fruits, vegetables, or other foods or products.
(Ord. 1633 § 2, (2000))
(a) 
No person shall discharge, or cause or allow or permit to be discharged industrial wastewaters, or any waste that alone or in conjunction may cause interference or pass through the POTW, directly or indirectly to sewage facilities owned by the city without first obtaining a city permit for wastewater discharge.
(b) 
A permit 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. The discharger shall apply for permit reissuance a minimum of 45 days prior to the expiration of the user's existing permit.
(Ord. 1633 § 2, (2000); Ord. 2013 § 8, (2023))
Any person seeking a wastewater discharge permit, other permit, or amendment to a permit under this chapter shall complete and file an application on the form prescribed by the director and accompanied by all applicable fees and charges. The application shall contain the following information at a minimum:
(a) 
Signature, name, and address of both the owner of the property from which the discharge is to occur and the applicant for the permit if other than the owner. The persons signing the application on behalf of an entity shall be at least of the level of vice president, general partner, or an individual responsible for the overall operation of the facility or property and meeting the conditions of the requested permit, or a person meeting the federal requirements for NPDES applications as specified in Title 40 of the CFR; and
(b) 
Volume of wastewater to be discharged; and
(c) 
Estimated wastewater constituents and characteristics; and
(d) 
Time and duration of discharges; and
(e) 
Average and 30 minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any; and
(f) 
Site plans, floor plans, and mechanical and plumbing plans and details, sufficient to show all sewers and appurtenances by size, location, and elevation; and
(g) 
Description of all activities, facilities, and plant processes on the property that may in any way relate to the discharges, including types of materials that are or could be discharged; and
(h) 
Each product produced by type, amount, and rate of production that may in way relate to the discharges; and
(i) 
Hours of work and activities at the property.
The director may require such additional information as the director needs in order to determine whether the proposed discharge will comply with the requirements of this chapter.
(Ord. 1633 § 2, (2000))
(a) 
Following review of the application and receipt of such information as the director may require, the director shall determine whether to approve or deny the permit or permit amendment being sought. The director will grant the permit if:
(1) 
The applicant has complied with all applicable requirements of this chapter and applicable city, county, state, and federal regulations, laws, and orders regarding the proposed discharge; and
(2) 
The applicant has furnished all information requested by the director; and
(3) 
The director determines that there are adequate devices, equipment, chemicals, personnel, and other facilities to sample, meter, convey, treat, and dispose of the proposed discharges; and
(4) 
The persons to be responsible for treatment and control of the proposed discharges are adequately trained and capable of consistently complying with permit requirements; and
(5) 
The applicant and the property owner have expressly agreed to the conditions applied by the director pursuant to subsection (b).
(b) 
In granting such an application, the director will condition the permit in order to ensure compliance with this chapter and applicable city, county, state, and federal regulations, laws, and orders regarding the proposed discharge, which may include, but are not limited to, the following:
(1) 
Limits on the average and maximum wastewater constituents and characteristics;
(2) 
Requirements for installation and maintenance of flow monitoring, inspection, and sampling facilities;
(3) 
Specifications and pretreatment requirements for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
(4) 
Compliance schedules;
(5) 
Requirements for submission of technical reports or discharge reports;
(6) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording the city access thereto;
(7) 
Requirements for notification to the city of any new introduction of wastewater constituents or any significant change in the volume or character of the wastewater constituents being introduced into the wastewater stream;
(8) 
Requirements and plans for protection against accidental discharges, including, but not limited to, berming of chemicals and waste materials. The review and approval of such plans and operating procedures shall not relieve the user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this code or other state or federal regulations;
(9) 
Requirements for notification of accidental discharges;
(10) 
Requirements for notification of slug discharges;
(11) 
Requirements to control slug discharges, if determined by the city to be necessary.
(Ord. 1633 § 2, (2000); Ord. 1868 § 4, (2011))
(a) 
Notwithstanding Section 15.10.074, the director shall deny a wastewater discharge permit, other permit, or amendment to a permit under this chapter if the director determines that one or more of the following exist:
(1) 
The application is not accompanied by required fees and charges; or
(2) 
The application contains incomplete, false or misleading information; or
(3) 
The issuance of the requested permit would result in the discharge of wastewater or other substances that would endanger the public health or safety or public or private property; or
(4) 
The issuance of the requested permit would cause the plant or the sewerage system to violate any applicable permit conditions, laws, regulations, or orders of the city, county, state or federal government; or
(5) 
The applicant has not provided sufficient information to establish that its discharge will comply all requirements of this chapter and with such other terms and conditions as the director deems necessary to apply to the requested permit; or
(6) 
The applicant has not provided plans for sufficient protection from accidental discharges to the land, storm sewer system, or sanitary sewer system.
(Ord. 1633 § 2, (2000))
No permitholder shall assign, transfer, sell any permit issued under this chapter nor use any such permit for or on any premises or for facilities or operations or discharges not expressly encompassed within the underlying permit. No person shall discharge any industrial wastewaters in excess of the quality or quantity limitations set by the terms and conditions of the permit without first obtaining approval of an amendment to the permit pursuant to this chapter.
(Ord. 1633 § 2, (2000))
(a) 
Any permitholder may apply at any time for an amendment to a permit issued under this chapter to amend the terms and conditions of the permit. Such an application will be processed in the same manner as an original application.
(b) 
Each permit issued pursuant to this chapter shall be automatically amended to include any more stringent, applicable federal or state requirements, regulations, laws, or orders for discharges than are contained in the permit or in this chapter. The director will endeavor to give notice of changes in reporting requirements, but the permitholder shall be responsible for complying with more stringent limitations with or without notice from the city.
(c) 
In order to protect the health and safety of the community or to comply with an applicable federal, state, or county order, regulation, or law, the director may order an amendment to an existing permit at any time upon reasonable notice. Reasonableness of the notice will be determined by the urgency of the danger or the terms of the federal or state order, regulation, or law.
(Ord. 1633 § 2, (2000))
At any time, the director may on the director's own initiative or in response to a petition from the industrial user or POTW determine that the industrial user should not be classified as a significant industrial user in accordance with 40 C.F.R. Section 403.8(f)(6) even though the industrial user meets the definition of a significant industrial user, if the director determines the following:
(a) 
The industrial user has no reasonable potential for adversely affecting operation of the POTW; and
(b) 
The industrial user has no reasonable potential for violating any pretreatment standards or requirements.
(Ord. 1791 § 5, (2006))
(a) 
New sources of industrial waste discharges shall be in full compliance with the provisions of this chapter at the time of commencement of discharge. Dischargers of new sources, upon request of the director, shall complete a waste minimization study in accordance with guidelines published by the director, and shall certify that measures have been taken to minimize toxic constituents in the discharge.
(b) 
The owner of every newly constructed, remodeled, or converted commercial or industrial facility shall comply with the following requirements upon commencement of discharge. These requirements shall apply to remodeled or converted facilities to the extent that the portion of the facility being remodeled or converted is related to the subject of the requirement:
(1) 
Interior (indoor) floor drains to the sewer system may not be placed in areas where hazardous materials, hazardous wastes, industrial wastes, industrial process water, lubricating fluids, vehicle fluids or vehicle equipment cleaning wastewater are used or stored, unless secondary containment is provided for all such materials and equipment. The director may allow an exception to this requirement under the following circumstances:
(A) 
When the drain is connected to a wastewater treatment unit approved by the director;
(B) 
(For safety showers) When the drain is installed with a temporary plug which remains closed except when the shower is in use, or when the drain is protected from spills by either a covered sump or berm system. If a sump is used, the capacity shall be at least as large as the largest chemical container in the laboratory;
(C) 
For industrial process equipment, if the equipment does not contain hazardous waste and if all floor drains are equipped with fail-safe valves which shall be kept closed during periods of operation.
(2) 
Exterior (outdoor) drains may be connected to the sewer only if the area in which the drain is located is covered or protected from rainwater run-on by berms and/or grading, and appropriate wastewater treatment approved by the director is provided. Any loading dock area with a sanitary sewer drain shall be equipped with a fail-safe valve, which shall be kept closed during periods of operation.
(3) 
Interior floor drains shall not be connected to the storm drain.
(4) 
Exterior drains shall be connected to the storm drain. Such connections shall not be permitted within the following areas:
(A) 
Equipment or vehicle washing areas;
(B) 
Areas where chemicals, hazardous materials, or other uncontained materials are stored unless secondary containment is provided;
(C) 
Equipment or vehicle fueling areas or fluid changing areas;
(D) 
Loading docks where chemicals, hazardous materials, grease, oil, or waste products are handled.
(5) 
Fueling areas shall have impermeable floors and rain covers that extend a minimum of 10 feet in each direction from each pump.
(6) 
Roof drains may discharge to the storm drain system, provided that all roof equipment, tanks, and pipes containing other than potable water, cooling system water, or heating system hot water have secondary containment.
(7) 
Boiler drain lines shall be connected to the sewer system and may not be discharged to storm drain system.
(8) 
Condensate lines shall not be connected or allowed to drain to the storm drain system.
(9) 
Copper, copper alloys, lead and lead alloys, including brass, shall not be used in the sewer lines, connectors, or seals coming in contact with sewage, except for sink traps and associated connecting pipes.
(10) 
Secondary containment shall be provided for exterior work areas where motor oil, brake fluid, gasoline, diesel fuel, radiator fluid or other hazardous materials or hazardous wastes are used or stored. Drains shall not be installed within the secondary containment areas. The director may allow a drain for work areas (but not for hazardous storage areas) if the secondary containment area is covered and if the drain is connected to a wastewater treatment facility approved by the director.
(11) 
Sacrificial zinc anodes are not permitted to be in contact with the water supply in a water distribution system.
(12) 
Aspirators connected to laboratory sink faucets are prohibited; however, aspirators designed and used for transferring acids and bases from stationary permanent laboratory sinks to treatment facilities shall be allowed.
(13) 
Laboratory countertops and laboratory sinks shall be separated by a lip which prevents hazardous materials spilled on the countertop from draining to the sink.
(14) 
Sewer traps below laboratory sinks shall be made of glass or other approved transparent materials to allow inspection and to determine frequency of cleaning. Alternatively, a removable plug for cleaning the trap may be provided, in which case a cleaning frequency shall be established by the director. In establishing the cleaning frequency, the director shall consider the recommendations of the facility. The director will grant an exception to this requirement for areas where mercury will not be used; provided, that in the event such an exception is granted and mercury is subsequently used in the area, the sink trap shall be retrofitted to meet this requirement prior to use of the mercury.
(15) 
Swimming pool discharge drains shall not be connected directly to the storm drain system or to the sewer system. When draining is necessary, a hose or other temporary system shall be directed into a sewer (not storm drain system) clean out. A sewer clean out shall be installed in a readily accessible area.
(16) 
Food service facilities shall have a sink or other area for cleaning floor mats, containers, and equipment, which is connected to a grease interceptor and the sanitary sewer. The sink or cleaning area shall be large enough to clean the largest mat or piece of equipment to be cleaned. New buildings constructed to house food service facilities shall include a covered, bermed area for a dumpster.
(17) 
Parking garage floor drains on interior levels shall be connected to an interceptor and to the sanitary sewer system.
(Ord. 1633 § 2, (2000))
In the event that an industrial waste discharge permitholder or applicant should be affected by a newly promulgated waste discharge standard or an existing discharge permitholder is reclassified as being subject to the categorical standards provided in the pretreatment regulations due to process changes, or an inspection reveals the presence of regulated processes, or new information becomes available that justifies or requires a reclassification, the discharger shall, within 90 days of the effective date of a categorical standard or reclassification, file a baseline monitoring report [BMR]. If additional pretreatment or additional operation at and maintenance procedures or installation of facilities, equipment or improvement, will be required to meet the pretreatment regulations, the discharger shall include a compliance time schedule which specifies the shortest schedule by which the discharger will provide such additional pretreatment procedures or facilities, equipment or improvements to attain compliance For purposes of pretreatment regulations, the completion date in this schedule shall not be later than the established compliance date provided by the applicable pretreatment regulations.
(Ord. 1633 § 2, (2000))
(a) 
In addition to any other remedies that may be provided to enforce the provisions of this chapter, any permit issued pursuant to this chapter may be revoked, made subject to additional terms or conditions, modified or suspended by the director in addition to other remedies provided by law, when such action is necessary in order to stop a discharge or a threatened discharge which presents a hazard or a threat of hazard to the public health, safety, welfare, natural environment, sewer system, or which violates this chapter, or which action is intended to implement programs or policies required or requested of the city by appropriate state or federal regulatory agencies.
(b) 
Any discharger notified of the city's intent to revoke, make subject to additional terms or conditions, modify, or suspend the discharger's permit shall immediately comply with directives of the director or cease and desist the discharge of all industrial wastes or such portion of said wastes as will eliminate the wrongful discharge to the sewer system pending any hearing that the discharger may request as set forth in this chapter.
(c) 
The director shall reissue or reinstate any industrial wastes permit or modified permit upon proof of satisfactory ability to comply and/or compliance with all discharge requirements, and the payment of any costs, fines, or penalties which may be assessed. The director may require any permitholder to develop and implement a compliance schedule for any proposed modification to permit terms and conditions.
(d) 
The city will have the authority to comply with the public participation requirements of 40 CFR part 25 in the enforcement of National Pretreatment Standards by annually providing public notification in local newspapers. This notification may consist of a list of industrial users that, during the previous 12 months, were in significant noncompliance of applicable pretreatment standards or other pretreatment requirements.
(Ord. 1633 § 2, (2000))
(a) 
Any person dissatisfied with the decision of the director to issue, deny, condition, amend, suspend, revoke, or modify any permit pursuant to this chapter may file a written appeal with the city manager. Such an appeal shall only be effective if the appeal is filed in writing together with any applicable fees with the city manager no more than 10 days following the date of the decision by the director.
(b) 
The director shall give the industrial waste discharger applicant or permitholder 10 calendar days' written notice of intent to issue or deny the application or to revoke, make subject to additional terms or conditions, modify or suspend the discharger's permit. The director shall post a copy of such notice at city hall for interested persons. The notice shall set forth specifically the grounds for the director's intention to deny, revoke, or suspend and shall inform the applicant or permitholder or members of the public that they have 10 days from the date of receipt of the notice to file a written request for a hearing. The application shall be issued or denied or the permit shall be revoked, modified or suspended if a hearing request is not received within the ten-day period.
(c) 
If the applicant or permitholder or interested party or parties file(s) a timely hearing request, the city manager, or manager's designee, shall within ten calendar days from the receipt of the request, set a time and place for the hearing. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues and to be represented by counsel. The decision of the city manager, or the manager's designee, whether to issue or deny the application or revoke, make subject to additional terms and conditions, modify or suspend the permit shall be final.
(Ord. 913 § 1, (1970); Ord. 1250 § 2, (1983); Ord. 1633 § 2, (2000))
(a) 
It is the intent of this chapter that the procedures and enforcement conducted pursuant to this chapter be conducted openly and publicly whenever possible. Pursuant to state law, the information filed and submitted by applicants, permitholders, and other interested persons shall be public record and open for public review.
(b) 
However, when permitted by state law, information submitted to the city pursuant to this chapter may be claimed as confidential by the applicant or permitholder. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or, in the case of other submissions, by stamping the words "confidential business information" on each page containing such information. Information submitted prior to the inclusion of this section in the chapter may be withdrawn and replaced by submittals stamped "confidential business information." If no such claim is made at the time of submission, the information may be made available to the public without further notice. Upon receipt of a request for the release of information to the public which includes information which the applicant or permitholder has notified the city is claimed to be a trade secret as provided herein, the city shall notify the discharger in writing of the request by certified mail, return receipt requested. The city shall release the information to the public, but not earlier than 30 days after the date of mailing the notice of the request for information, unless, prior to the expiration of the 30 day period, the applicant or permitholder files an action in an appropriate court for a declaratory judgment that the information is subject to protection under the laws of the state of California or for an injunction prohibiting disclosure of the information to the public and immediately notifies the city of that action. This section does not permit any person to refuse to disclose the information required pursuant to this chapter to the city.
(c) 
Information and data provided to the city pursuant to this section that constitutes a description of wastewater constituents and characteristics, effluent or flow data, and effluent concentrations shall be available to the public without restriction. A discharger may be prohibited from discharging a substance unless its composition is made known to the city.
(d) 
Notwithstanding subsection (b), the information shall be made available upon written request to other governmental agencies for uses related to this chapter, the NPDES permitting system, or other similar pollution regulatory programs.
(Ord. 1633 § 2, (2000))
(a) 
All permitholders shall submit periodic reports to the director. Specific reporting requirements will be specified in the underlying permit or in controlling directives or violation notices. Minimum reports required will be:
(1) 
Baseline monitoring reports (BMR);
(2) 
Compliance reports, which will be submitted within 90 days of the compliance date calculated pursuant to the applicable pretreatment standards or local standards;
(3) 
Periodic discharge reports, which may include, but not be limited to, nature of process, volume, rate of flow, mass emission rate, production quantities, hours of operations, number and classification of employees, or other information that relates to the generation of waste including wastewater discharge. These reports will indicate whether applicable pretreatment standards and discharge limits are being met during the reporting period. These reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on-site, even though they are not normally discharged.
(A) 
Except as specified in 40 CFR 403.12(e)(1), all significant industrial users must, at a frequency determined by the director submit no less than twice per year June and December (or on dates specified), reports indicating the nature and concentration of all pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with best management practices (BMP) or pollution prevention alternatives, the user must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the user,
(B) 
Significant non-categorical industrial users may be required to submit to the director at least once every six months (or on dates specified) a description of the nature, concentration, and flow of the pollutants required to be reported by the city. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the administrator determines that the Part 136 and sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including suggested by the city or other persons, approved by the city. This sampling and analysis may be performed by the city or a duly authorized city representative in lieu of the significant non-categorical industrial user. Monitoring frequencies and parameters, as specified in the underlying permit, must be followed in the event that the significant non-categorical industrial user is required to conduct self-monitoring;
(4) 
All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge;
(5) 
If sampling by a user indicates a violation, the user must notify the city within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within 30 days after becoming aware of the violation. Resampling by the user is not required if the city or any authorized representative of the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user of the district receives the results of this sampling, or if the city or authorized representative has performed the sampling and analysis in lieu of the user.
(b) 
A zero discharge report may be required to certify that a discharger does not discharge industrial waste to the sanitary sewer system.
(c) 
In order to be complete, any report filed pursuant to this section shall contain a certification statement reading as follows:
I certify under penalty of perjury that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
This certification statement shall be signed by the responsible corporate officer, manager, general partner, or duly authorized representative of the discharger and makes that person legally accountable for the information submitted.
(d) 
It is a violation of the underlying permit to fail to timely file or refuse to file a report required pursuant to this section.
(Ord. 913 § 1, (1970); Ord. 1250 § 2, (1983); Ord. 1633 § 2, (2000); Ord. 1868 § 5, (2011))
The director may require a discharger to evaluate water conservation measures for industrial process water as a part of any pre-construction audit, industrial wastewater discharge permit application, mass audit study (MAS), reasonable control measures plan (RCMP), best management practices (BMP) or at any other time deemed necessary by the director. The director may require implementation of water conservation measures that are found to be cost effective.
(Ord. 1633 § 2, (2000))
(a) 
All monitored discharges shall be analyzed and tested according to procedures outlined in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard.
(b) 
Each discharger shall provide at its own expense monitoring facilities to allow inspection, sampling, and flow measurements of the building sewer and internal drainage systems. The monitoring facility should normally be located on the discharger's premises, but the city may, when such a location would be impractical or cause undue hardship on the discharger, allow the facility to be located in the public street or sidewalk area, so long as an encroachment permit is first obtained and it will not pose any hazard or inconvenience to vehicle or pedestrian traffic.
(c) 
A monitoring facility shall allow ample room to allow accurate sampling and preparation of samples for analysis and shall be located so that it is not obstructed by landscaping or parked vehicles. The facility, sampling, and measuring equipment shall be maintained in a safe and proper operating condition at all times at the expense of the discharger.
(d) 
Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
(1) 
Except as indicated in subsections (d)(2) and (3), the user must collect wastewater samples using 24 hour flowproportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the director. Where time-proportional composite sampling or grab sampling is authorized by the director, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CRF Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24 hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(2) 
Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(3) 
For sampling required in support of baseline monitoring and 90 day compliance reports required in Section 15.10.094(a)(2) and (3), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the director may authorize a lower minimum. For the reports required by Section 15.10.094(a)(3)(A) through (C), the user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements or specified in the underlying permit.
(Ord. 1633 § 2, (2000); Ord. 1868 § 6, (2011))
(a) 
As a permit condition, the director may require the discharger to conduct a sampling and analysis program of discharger's industrial waste of a frequency and type required by the director to demonstrate compliance with the requirements of this chapter. The discharge permit shall specify the minimum frequency and type of samples, flow monitoring, measuring, and analyses to be conducted by the discharger. The permit may also specify the type of sampling equipment and flow monitoring equipment which must be installed and used. The required self-monitoring program will depend on factors such as flow, potential for the discharge to cause interference, pass-through, or upset of treatment processes, pollutants present, and prior compliance history (if any) of the discharger. Additional monitoring may be required by the director for violation follow-up, assisting the city in evaluating effects of the discharge, or as part of a compliance directive or notice of violation.
(b) 
The director may require self-monitoring for facilities for which a permit has not been issued. In addition, the director may require investigations or studies to determine methods of reducing toxic constituents in the discharge. The director may also request that information be submitted within a reasonable time concerning the chemical or biological constituents of any substance or chemical product that could potentially be discharged to the sewer system or the storm drain system or which the director determines may, alone or in accumulation with other discharges, contribute to a violation by the plant of any applicable water quality standards or of any of its NPDES permits or contribute to an upset of plant processes.
(c) 
If a discharger is subject to the reporting requirements in Section 15.10.094(a)(3)(A) monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city, using the procedures prescribed in Section 15.10.098, the results of this monitoring shall be included in the report.
(Ord. 1250 § 2, (1983); Ord. 1633 § 2, (2000); Ord. 1868 § 7, (2011))
(a) 
The director, or any authorized representative of the director, county health officer, or state or federal government agency related to pollution regulation, may conduct all inspection, surveillance, sampling, photographing, measuring, observing, and monitoring procedures necessary to assure compliance with applicable sections of this chapter, any applicable permit issued pursuant to this chapter, and applicable county, state, and federal orders, regulations and laws.
(b) 
The director and these authorized representatives shall be authorized, and the owner and occupants of any premises where wastewater is discharged or created shall allow these representatives to enter without unreasonable delay during all hours of discharge and hours of operation of the premises to conduct these procedures.
(c) 
The director and these authorized representatives shall further have the right, and the owner and occupants of any premises where wastewater is discharged or created shall allow these representatives to set up on the premises any devices necessary to conducting sampling, inspection, compliance monitoring, or metering operations.
(d) 
The director and these authorized representatives shall further have the right to inspect and copy any and all records related to the quantity and quality of wastewater discharges, building systems, and chemical and hazardous material usage, as well as those records supporting any reports submitted by the discharger or required by the underlying discharge permit. These records shall be made available by the discharger at either the premises themselves, the department of public works, or another location within the city designated in writing by the dischargers.
(e) 
Any unreasonable refusal to provide access and records as required by this section shall be grounds to terminate all sewer service or revoke the underlying permit, or both.
(Ord. 1633 § 2, (2000))
The city council may adopt charges and fees to implement this chapter. Those fees and charges may include civil penalties.
(Ord. 1633 § 2, (2000))
Dischargers shall notify the city immediately upon accidentally discharging wastes in violation of this chapter or the discharger's permit in order to enable countermeasures to be taken by the city and other government agencies to minimize damage to the community sewer, plant, treatment processes, and waters of the city and the state. The discharger shall file a detailed written statement with the city within 15 days of the accidental discharge that describes the causes of the discharge and the measures being taken to prevent any further occurrence. Compliance with this section will not relieve the discharger of liability for any expense, loss, or damage to the sewer system, plant, or treatment process, or for any fines imposed on the city on account thereof under the Water Code or Fish and Game Code.
(Ord. 1633 § 2, (2000))
(a) 
Permitholders shall inform appropriate employees of the provisions of this chapter by conducting orientation of new employees involved in permit-related activities and annual training.
(b) 
Permitholders shall provide areas for posting of information regarding pollution control, and in all cases, shall post signs or notices indicating approved methods for disposition of wastes and reporting requirements for accidental or slug discharges and increased loadings with telephone numbers for appropriate response agencies.
(1633 § 2, (2000); Ord. 1868 § 8, (2011))
Waste not permitted to be discharged into the community sewer shall be transported to a state-approved disposal site. The required waste haulers report shall be completed and a copy furnished within 30 days to the city by the discharger.
(Ord. 1250 § 2, (1983); Ord. 1633 § 2, (2000))
Any use of any sanitary sewer system that does not conform to the regulations established in this chapter is illegal. Within 30 days following notice by the city engineer that an illegal use exists, corrective measures to eliminate the illegal use shall be made by the owner or responsible party except that in cases where extensive or exceptional repairs or replacements to existing installations are required, the city engineer may grant extensions of time or consent to temporary remedial arrangements.
(Ord. 1250 § 2, (1983); Ord. 1633 § 2, (2000))
(a) 
Discharge of wastes not meeting the requirements stated in this title may be permitted by special agreement between the discharger and the city, so long as the agreement conforms to state and federal limitations.
(b) 
The city shall have the right to disallow exceptional discharges, prescribe pretreatment of some types of industrial wastes and to establish surcharges based on the cost of handling exceptional wastes in the city's sewage collection and treatment system.
(Ord. 1250 § 2, (1983); Ord. 1633 § 2, (2000))
(a) 
Pursuant to Government Code Section 53069.4, the city may impose civil penalties on persons who violate the provisions of this chapter in addition to any other remedies that the city or any other government agency may have. Civil penalties of up to $10,000 per day for each violation may be imposed.
(b) 
The process by which such civil penalties are determined and reviewed will be the same as and a part of the process by which a violation of the sanitary sewer use rules and regulations is determined and reviewed as adopted by the council by resolution from time to time.
(c) 
If such a process is not applicable, any person may appeal the imposition of a civil penalty under this chapter by filing a notice of appeal with the city manager within 15 days of the notice of imposition of a civil penalty. The city manager will fix a time and place for hearing the appeal and give notice in writing to the appellant of the time and place of hearing by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to such person at the address appearing on the notice of appeal. At the hearing on the appeal, the city manager shall receive testimony from the appellant and the city officers or employees recommending the penalties. The decision of the city manager shall be in writing, shall be served on the appellant in the same manner as prescribed for the notice of hearing, and shall be a final administrative decision.
(d) 
Any civil penalties imposed under this chapter may be collected in the same manner as other sanitary sewer charges and fees. The imposition of civil penalties shall not preclude in any way the imposition of additional requirements, charges, damages, or criminal sanctions that may be required or imposed by the city or any other person.
(e) 
Any person contesting a decision on a civil penalty shall be bound by the requirements of Government Code Section 53069(b).
(f) 
The city may petition the superior court to impose, assess, and recover these civil penalty sums. In determining whether to enforce the civil penalties, the court will take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violations occurred, and corrective action, if any, taken.
(Ord. 1572 § 3, (1997); Ord. 1633 § 2, (2000))
(a) 
The director may order any user who causes or allows an unauthorized discharge to enter the sanitary sewer system to show cause before the city manager or the city council why a proposed enforcement action should not be taken. A notice will be served on the user specifying the time and place of the hearing and the proposed enforcement action and reasons therefore. The notice will be served personally or by registered or certified mail at least 10 days before the scheduled hearing.
(b) 
After reviewing the evidence and testimony presented at the hearing, the city manager or the city council, as applicable, may make such orders as the manager or council deems appropriate with due regard to the violations, if any.
(Ord. 1633 § 2, (2000))
(a) 
In addition to any other remedies provided by law, the director shall have the power to disconnect the user sewer system from the sewerage works. Upon disconnection, the city will estimate the cost of the re-connection to the system, and this user shall deposit the cost of disconnection and estimate re-connection before the user is reconnected to the system. The city will refund any part of the deposit remaining after payment of all costs of disconnection and reconnection.
(b) 
During the period of disconnection, any habitation or occupancy of the premises shall constitute a public nuisance.
(Ord. 1633 § 2, (2000))
(a) 
In order to enforce the provisions of this chapter, the city may correct any violation. The cost of such correction, including installation of additional pretreatment facilities shall be added to any sewer service charges and fees on the premises and collected in the same manner as other sewer service charges and fees.
(b) 
In case of emergency, the city may take such steps and obtain such warrants as necessary to enter and correct any illegal discharge or permit violation that pose an imminent threat to public health or safety.
(c) 
Any sewer or sewerage maintenance expenses attributable to a violation of this chapter or a permit issued under this chapter, including excessive preventative maintenance or cleaning, will be charged to the offending discharger by the city. Any refusal to pay such maintenance expenses duly authorized by the city shall constitute a violation of this code.
(Ord. 1633 § 2, (2000))
In addition to any other remedy provided in this code or by law, the city may petition the superior court or the federal district court for the issuance of a temporary restraining order, preliminary injunction, or permanent injunction, as may be appropriate, restraining any person from a violation of this chapter.
(Ord. 1633 § 2, (2000))
(a) 
It is unlawful to:
(1) 
Knowingly or recklessly make any false statement, representation, record, report, plan, or other document filed with the city in connection with this chapter; or
(2) 
Falsify, tamper with, or knowingly or recklessly render inaccurate, any monitoring device or method or access point; or
(3) 
Divert flow from any monitoring device or equipment installed or operated pursuant to this chapter or any permit issued under this chapter.
(b) 
In addition to any other remedy provided in this code or by law, any such illegal activity will be grounds for revocation of the underlying permit.
(Ord. 1633 § 2, (2000))
Notwithstanding any provision in this chapter, no industrial user shall discharge, cause, allow or permit any discharge into the sanitary sewer system in violation of any federal or state regulation regulating discharges by such users, including, but not limited to, the federal pretreatment regulations found in Title 40 of the CFR. Any pretreatment facilities required by those regulations or this chapter shall be provided, operated, and maintained at the user's expense.
(Ord. 1633 § 2, (2000))