It is the intent of this article to regulate and monitor the discharge and disposal of liquid wastes to insure that no type of waste is disposed at the POTW except for residential septic tank waste, verified holding tank waste, and permitted nonhazardous commercial waste, as those terms are defined in this article.
(Ord. 2403 § 1, 2013)
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings designated in this section:
City
means the City of Davis.
General manager
means the general manager of the city's public works department or designee or authorized representative. Any action that may be taken by the general manager may be undertaken by the general manager's designee, unless specified otherwise.
Permitted nonhazardous commercial waste
means wastewater that is not residential septic tank waste or verified holding tank waste, that is produced by a business or commercial enterprise, that is nonhazardous, and that is not currently discharged into the city's sewer system.
Residential septic tank waste
means any domestic or residential waste collected from a domestic septic storage tank.
Verified holding tank waste
means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
WWTP
means the city wastewater treatment plant.
(Ord. 2403 § 1, 2013)
(a) 
Permit required. It is unlawful for any person to deliver to or discharge into the WWTP any liquid waste of any kind except as authorized by a hauled liquid waste discharge permit issued to that person by the general manager in accordance with the provisions of this article.
(b) 
Application. Any person desiring to deliver or discharge liquid waste into the WWTP shall first complete and file with the city an application in the form prescribed by the city, accompanied by any required fees and attachments. As part of the application, the applicant must provide the following information:
(1) 
Certified copies of the applicant's registration with the Yolo County Health Department under Section 25000 of the Yolo County Health Code;
(2) 
Vehicle registration numbers for each vehicle the applicant intends to use to transport waste to the WWTP;
(3) 
The amount of liquid waste the applicant has the capacity to deliver to or discharge into the WWTP;
(4) 
Any other information required by the general manager as necessary to determine whether a hauled liquid waste discharge permit should be approved and issued.
(c) 
Issuance of permit.
(1) 
Following evaluation of the application, the general manager shall approve the application for a hauled liquid waste discharge permit if he or she finds that the application meets the requirements of this article and that there is sufficient capacity in the WWTP to accommodate the projected amount of liquid waste.
(2) 
If the general manager denies the application, the applicant may appeal the general manager's determination to the city manager. Appeals must be filed with the city manager within ten days of notification of the general manager's determination. Determinations of the general manager that are not appealed within ten days following notification of that decision shall be final. Upon the timely filing of an appeal, the city manager shall review the general manager's determination for compliance with the provisions of this article and shall affirm, reverse or modify the general manager's determination. The city manager may hold a public hearing on the appeal if he or she deems it necessary to further the public interest. The determination of the city manager shall be final.
(3) 
Upon approval of an application for a hauled liquid waste discharge permit by the general manager or the city manager, the permit shall be issued upon the applicant/permittee submitting the following to the general manager within thirty days of approval of the application. The submittals shall be subject to the approval of the general manager. Failure to submit the following within thirty days of approval of the application shall render the permit null and void.
(A) 
The permittee shall post with the city and maintain in full force and effect during the term of the hauled liquid waste discharge permit a cash bond or a corporate surety bond in the sum of one thousand dollars, in a form approved by the city attorney and conditioned upon the faithful performance by the permittee of all provisions required to be performed and complied with by the hauled liquid wastes discharge permit and this article.
(B) 
The permittee shall, at his or her sole cost and expense, obtain and maintain in full force and affect the following policies of insurance:
(i) 
Public liability and property damage insurance insuring the permittee against claims for personal injury and property damage, (including motor vehicle coverage) which may arise by reason of the nature of the work or from the operations conducted under this article by the permittee, his or her officers, employees, and all other persons engaged to conduct such operations thereby.
(ii) 
A separate policy or policies naming the city and its officers and employees as sole insureds, insuring against all operations conducted by, for, or on behalf of the permittee, and insuring against the omissions and supervisory acts of the city and its officers and employees with respect to the operations. This policy shall provide or contain an endorsement that the coverage afforded thereby shall be primary coverage to the full extent of liability stated in the declarations, and that if the city or its officers or employees have other insurance against the loss covered by said policy, such other insurance shall be excess insurance only.
Each of the policies required by this article shall provide coverage in the following minimum amounts: For personal injury (including death) one hundred thousand dollars per person, three hundred thousand dollars for more than one person, per occurrence; property damage fifty thousand dollars on account of any one occurrence, with an aggregate limit of not less than two hundred thousand dollars for any policy year.
Each such policy shall bear an endorsement precluding cancellation or reduction in coverage unless not less than ten days prior thereto, written notice is given by the insurer to: City Clerk, City Hall, 23 Russell Boulevard, Davis, California 95616.
Permittee shall cause to be filed with the general manager prior to issuance of a hauled liquid waste discharge permit a certificate of insurance issued by the insurer evidencing the policy required under paragraph (3)(B)(i) of this subsection, and the original policy required under paragraph (3)(B)(ii) of this subsection. Not less than ten days prior to the effective date of cancellation, expiration or other termination of each such policy, the permittee shall cause replacement coverage to be filed with the general manager. The general manager shall file with the city clerk all certificates and insurance policies received pursuant to this article.
(d) 
Mandatory permit conditions. All hauled liquid waste discharge permits shall be subject to all provisions of this article, any fees and user charges established by the city, and all other applicable federal, state and local statutes, ordinances and regulations. All hauled liquid waste discharge permits shall also be subject to the following conditions:
(1) 
No holder of a hauled liquid waste discharge permit shall transport to the WWTP any waste for delivery or discharge that is not one of the following:
(A) 
Residential septic tank waste which was produced within the area bounded by County Road 27 on the north, the Yolo Bypass on the east, County Road 92 on the west, and the Yolo County boundary line on the south;
(B) 
Verified holding tank waste which was produced within the area bounded by County Road 27 on the north, the Yolo Bypass on the east, County Road 92 on the west, and the Yolo County boundary line on the south; or
(C) 
Permitted nonhazardous commercial waste which was produced within the boundaries of the city.
Except for those types of waste listed in paragraphs (1)(A), (B), and (C) of this subsection, no other form or source of waste, including any type of industrial waste, hazardous waste, or sewerage treatment plant or water plant sludges, shall be delivered to or discharged into the WWTP.
(2) 
No vehicle shall be allowed to transport waste to the WWTP for delivery or discharge except those vehicles identified in the application for the hauled liquid waste discharge permit and thereby registered to deliver and discharge waste pursuant to the hauled liquid waste discharge permit, or any other vehicle subsequently registered with the general manager. A copy of the hauled liquid waste discharge permit shall be carried with each vehicle allowed to transport liquid waste to the WWTP.
(3) 
Any vehicle allowed to transport liquid waste to the WWTP shall bear in four-inch letters on the side of the vehicle the name and address of the holder of the hauled liquid waste discharge permit and the vehicle's capacity for holding liquid waste.
(4) 
The guarantees of performance and insurance, as required by this article as conditions of issuance of the hauled liquid waste discharge permit, shall be and remain in full force and effect during the life of the permit.
(5) 
No hauled liquid waste discharge permit shall be transferable or assignable to any other person or entity. All hauled liquid waste discharge permits shall be personal to the applicant who applied for, and was awarded the permit.
(6) 
No hauled liquid waste discharge permit shall be valid for a period of time longer than one year following its date of issuance. Applications for any subsequent hauled liquid waste discharge permits shall be filed with the general manager no earlier than ninety days prior to the expiration of any valid hauled liquid waste discharge permit.
(7) 
The general manager or the city may modify any term or condition of a hauled liquid waste discharge permit without notice and on temporary basis when necessary to correct operational problems at the WWTP.
(8) 
The applicant/permittee agrees by accepting the permit that he or she shall be responsible and held liable for any act or omission by him or herself, or by his or her employees, drivers, or agents, that occurs in the exercise and use of the hauled liquid waste discharge permit, including, but not limited to, the delivery or discharge of waste at the WWTP.
(Ord. 2403 § 1, 2013)
(a) 
No holder of a hauled liquid waste discharge permit shall deliver or discharge waste at the WWTP without first delivering to the city prior to the delivery or discharge, written certification of the source amount and character of the waste to be delivered or discharged. This information shall be provided to the city at the WWTP on the approved waste hauler discharge manifest form. This form shall include the following information:
(1) 
The name of the holder and the number of the holder's approved and issued hauled liquid waste discharge permit;
(2) 
Source, date, time and volume of collection;
(3) 
The customer's name and the street address and city of the property where waste was collected;
(4) 
Description of type and amount of waste to be collected. The driver must notify the city if any load has unusual characteristics containing greater than average concentrations of dirt, rock, grease, oil, or other substances;
(5) 
Name and signature of driver/operator.
(b) 
Upon arrival at the WWTP, the driver shall present to the city employee at the WWTP the copy of the hauled liquid waste discharge permit carried in that vehicle and the waste hauler discharge manifest form completed for that particular delivery or discharge. The driver shall also log the load prior to discharge or delivery. All information shall be printed neatly and legibly. Information shall include:
(1) 
Date and time of discharge;
(2) 
Discharger's company name, and capacity of truck in gallons;
(3) 
Customer name, address, and city or area;
(4) 
Type of waste for billing purposes;
(5) 
Driver's signature;
(6) 
Vehicle registration number.
The driver shall wash down the area after discharge is complete, and shall follow all instructions issued by the city while at the WWTP.
(c) 
Fees shall be charged for each delivery or discharge. Fees shall be based on the size of the truck and on the amount of liquid waste delivered or discharged. Trucks shall be considered full and charged fees according to their rated capacity. All fees and charges shall be invoiced, and are due immediately and payable upon deposit of invoice in the United States mail. All fees and charges shall be paid at the office of the director of finance, City Hall, 23 Russell Boulevard, Davis, California 95616. Fees and charges are delinquent if payment is not received on or before the fifth day immediately following the date when due and payable. All delinquent payments of fees and charges shall be subject to a basic penalty equaling ten percent of the amount past due. In addition to the basic penalty, a penalty equaling one-half of one percent per month shall be assessed for nonpayment of fees.
(Ord. 2403 § 1, 2013)
The general manager shall monitor compliance with the provisions of this article. This monitoring shall include taking samples of liquid waste delivered to or discharged at the WWTP. The point of compliance for sample monitoring shall be the discharge line of the vehicle. Trucks shall be sampled on a regular basis but not less than monthly. Sample monitoring dates shall be posted in the waste hauler's log by WWTP staff. WWTP staff shall notify drivers of their intent to sample prior to discharge of a load so that a representative sample may be obtained.
(Ord. 2403 § 1, 2013)
(a) 
The general manager shall adopt rules, regulations, standards, and procedures implementing the requirements of this article, including, but not limited to, operation of the discharge site by holders of hauled liquid waste discharge permits, and shall make such rules and regulations readily available to the public.
(b) 
Permit fees and discharge and delivery fees shall be set annually by resolution of the city council.
(Ord. 2403 § 1, 2013)
(a) 
It is unlawful for any person to fail to comply with any provision of this article, or any standard, requirement, or written rule, regulation, or procedure promulgated by the general manager. Any person who delivers or discharges any type of waste at the WWTP without first obtaining a hauled liquid waste discharge permit, or in any other manner violates a provision of this article or of the general manager's regulations or a condition of a duly issued hauled liquid waste discharge permit shall be guilty of a misdemeanor, punishable as provided for in state law.
(b) 
The general manager may upon reasonable notice and hearing suspend or revoke a hauled liquid waste discharge permit and/or proceed to recover on the security or bond posted by the holder of a hauled liquid waste discharge permit if the general manager determines that the holder of the permit has:
(1) 
Supplied false information in his or her permit application;
(2) 
Failed to maintain in full force the bonds and insurance required by this article;
(3) 
Personally or through any employee or other person engaged to do so, delivered or discharged any substance other than those allowed by this article;
(4) 
Disposed of any waste in an unlawful manner;
(5) 
Violated any applicable federal, state, county or city law, statute, ordinance, regulation, standard or requirement;
(6) 
Failed to maintain an unrevoked registration for disposal of septic tank cleanings under California Health and Safety Code Section 25000 et seq.;
(7) 
Failed to comply with any or all of the provisions of this article;
(8) 
Failed to pay, before delinquent, any fee or charge due.
(c) 
At any hearing held pursuant to this section, testimony taken shall be under oath and recorded stenographically. The transcript shall be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. After the hearing, the general manager shall make a written decision setting forth findings and actions. The general manager's decision shall then be served upon the holder of the hauled liquid waste discharge permit, and shall be final ten days after service.
(d) 
Decisions of the general manager pursuant to this section may be appealed to the city manager pursuant to the procedures contained in Section 33.06.030(c)(2) of this article.
(e) 
The remedies provided to the city in this article are cumulative and not exclusive, and are in addition to whatever other remedies may be provided to the city at common law or by federal, state, or city law, statute or ordinance. Each person shall remain personally liable for any obligation or liability incurred under this article to the extent that bond proceeds are insufficient to satisfy the same.
(f) 
The general manager may immediately suspend any hauled liquid waste discharge permit due to emergency circumstances or if necessary for the safe operation of the WWTP.
(Ord. 2403 § 1, 2013)