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)
ACT or Act.
Agency.
Ammonia.
Applicant.
Audit Protocols.
Average Concentration.
"A" Definitions.
"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" means the city when the context so indicates.
"Ammonia" means that form of nitrogen which is chemically
definable as NH3.
"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" mean the procedures to be followed in performing
a mass audit study.
"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)
Beneficial Uses.
Best Management Practices.
BOD or Biochemical Oxygen Demand.
Building.
Building Sewer.
"B" Definitions.
"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" 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" 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" means any structure used for a residence, place
of business, recreation, or other purpose of human habitation.
"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)
Categorical Pretreatment Standards.
COD or Chemical Oxygen Demand.
Code of Federal Regulations or CFR.
Combined Sewer.
Commercial User (COM).
Community Sewer.
Compatible Pollutant.
Composite Sample.
Contamination.
Contractor.
Control Authority.
Cost Effective.
Critical User.
"C" Definitions.
"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" 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" 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" means a sewer receiving both surface runoff
and sewage.
"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" means a sewer owned and operated by the
city and tributary to a treatment facility operated by the city.
"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" 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" 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" 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" means the POTW.
"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" means a discharger whose wastewater contains
priority pollutants, or who discharges waste that has the potential
to cause interference, excluding sanitary sewage.
(d)
Department.
Diluting Waters.
Director.
Discharger.
Dissolved Solids or Dissolved Matter.
Domestic Wastewater.
"D" Definitions.
"Department" means the city department of public works.
"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" means the city director of public works, or the
director's designee.
"Discharger" means any person who discharges or causes a
discharge to a public sewer. See also specific discharger definitions.
"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" means the water-carried wastes and
wastewater produced from noncommercial and nonindustrial activities
and that result from normal human living processes.
(e)
Effluent.
Engineer.
Existing Source.
"E" Definitions.
"Effluent" means the liquid outflow of any facility designed
to treat, convey, or retain wastewater.
"Engineer" means the city director of public works.
"Existing source" means a source of discharge that is not
a new source.
(f)
Fats, Oils, and Grease (FOG).
"F" Definitions.
"Fats, oils, and grease (FOG)" means organic polar compounds
derived from animal and/or plant sources that contain multiple carbon
chain triglyceride molecules.
(g)
Garbage.
Grab Sample.
Grease Interceptor.
(i)
(ii)
Grease.
Groundwater Discharger.
"G" Definitions.
"Garbage" means wastes from the preparation, cooking and
dispensing of foods, and from the handling, storage, and sale of produce.
"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" 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.
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.
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" means ether-soluble matter, and shall include each
of the following two types:
"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)
Incompatible Pollutant.
Industrial Connection Sewer.
Industrial User.
Industrial Wastes.
Industrial Wastewater.
Inspector.
Interceptor.
Interference.
(i)
(ii)
"I" Definitions.
"Incompatible pollutant" means any pollutant that is not
a "compatible pollutant" as defined above.
"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" means any non-residential user that discharges
industrial wastes to the sanitary sewer system.
"Industrial wastes" means the wastes from producing, manufacturing
and processing operations of every kind and nature.
"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.
A person authorized by the director to inspect wastewater
generation, conveyance, processing, disposal, and monitoring facilities.
"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"
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.
"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)
Lateral Sewer.
Light Discharger.
"L" Definitions.
"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" 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)
Main Sewer.
Major Contributing Industry.
Manager.
Mass Audit Study.
Maximum Allowable Concentration.
Maximum Feasible Reduction Measures.
(i)
(ii)
Moderate Discharger.
"M" Definitions.
"Main sewer" means a public sewer designed to accommodate
more than one lateral sewer.
"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:
"Manager" means the city manager.
"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" means the highest permissible
concentration or other measure of pollutant magnitude taken at a specific
point in time.
"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.
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" 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)
New Source.
Non-Conventional Discharger.
"N" Definitions.
"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" 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)
Outlet.
"O" Definitions.
"Outlet" means the end of a house plumbing system three feet
outside the foundation of the building.
(p)
Pass-Through.
Peak Flow Rate.
Permit.
pH.
Plant.
Plumbing System.
Pollution.
POTW.
Premises.
Pretreatment or Treatment.
Priority Pollutants.
Process Flow.
Publicly Owned Treatment Works or POTW.
Public Sewer.
"P" Definitions.
"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" 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" 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" means the logarithm of the reciprocal of the concentration
of hydrogen ions in moles per liter of solution.
"Plant" means the city POTW.
"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" means the man-made or man-induced alteration
of the chemical, physical, biological, and radiological integrity
of water.
"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" 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" 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" mean all pollutants as defined by the
"General Pretreatment Regulations" of the Environmental Protection
Agency, found at 40 CFR 401 and 403.
"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" 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" means any sewer dedicated to public use and
whose use is controlled by a public corporation.
(q)
(Reserved)
(r)
Reasonable Control Measures.
"R" Definitions.
"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)
Sanitary Sewer.
Sanitary Sewage.
Sanitary Sewer System or Sewerage System.
Sewage.
Sewage Pumping Plant.
Sewer.
Sewerage.
Side Sewer.
Significant Change.
Significant Industrial User or SIU.
(i)
(ii)
(iii)
(iv)
Significant Non-Compliance.
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
Single-Family Unit.
Slug Load or Slug Discharge.
Standard Methods.
Storm Sewer or Storm Drain.
Stormwaters.
Street.
Suspended Solids or Suspended Matter.
"S" Definitions.
"Sanitary sewer" means a sewer that carries sanitary sewage
to which storm, surface, and groundwater are not intentionally admitted.
"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" 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" means a combination of water-carried waste from
residences, business buildings, public buildings, institutions, and
industrial establishments.
"Sewage pumping plant" means any facility designed and constructed
to raise wastewater in elevation or to overcome head losses due to
pipeline friction.
"Sewer" means a pipe or conduit for carrying sewage.
"Sewerage" means any and all facilities used for collecting,
conveying, pumping, treating, and disposing of wastewater.
"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" 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" means:
A discharger subject to categorical pretreatment standards;
or
A non-categorical discharger that in the opinion of the manager,
requires special regulation or source control; or
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
A non-categorical discharger that contributes more than 150
pounds per day of BOD or suspended solids.
"Significant non-compliance" means a compliance status assigned
to an industrial discharger meeting any of the following criteria:
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
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
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
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
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
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
Failure to accurately report non-compliance; or
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" 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" 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" 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" means a sewer that carries
storm and surface or groundwaters and drainage, but excludes sewage
and polluted industrial wastes.
"Stormwaters" mean the flow resulting from rainfall.
"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" 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)
Technical Review Criteria or TRC.
Total Toxic Organics.
Toxic Pollutant.
Trucked or Hauled Waste.
Trunk Sewer.
"T" Definitions.
"Technical review criteria" or "TRC" means the multipliers
used to gauge the degree or severity of violations.
"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" 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" 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" means a sewer constructed, maintained, and
operated by the city that conveys wastewater and into which lateral
and collecting sewers discharge.
(u)
Uncontaminated Water.
User.
"U" Definitions.
"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" means any person responsible for payment of sewer
service charges.
(v)
(Reserved)
(w)
Wastewater.
"W" Definitions.
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))
Public sewers and side sewers shall be planned, designed, constructed,
installed, and repaired in accordance with the plans and specifications
established by the director of public works.
(Ord. 1825 § 2, (2008))
(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.
(Ord. 1633 § 2, (2000))
(a)
"Backwater protection"
"Drainage unit fixture"
"Inadequate height differential"
"Licensed professional"
Definitions.
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.
means a drainage unit fixture listed in table 7-3 of the
1998 California Plumbing Code.
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.
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.
(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.
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(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.
(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)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)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)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))
It is unlawful to discharge to any stream or watercourse any
sewage, industrial wastes or other polluted waters.
(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))
