Chapter 13.16 SEWAGE AND INDUSTRIAL WASTE

A. Sewage disposal facilities have been constructed for the interception, treatment and disposal of sewage and industrial wastes originating within its boundaries.

B. The purpose of this chapter is to regulate the interception of sewage and industrial wastes and to control wastewater to provide the maximum public benefit of the sewage disposal facilities of the city. The regulations shall include provisions for source control in order to monitor and control quantity, quality and flow of sewage and industrial waste. The regulations shall require charges for use of sewage disposal facilities of the city which are designed to achieve an equitable recovery of the capital reserve fund and operating costs of such facilities. The regulations shall include provisions for enforcement and penalties for violations. (Ord. 420-88 § 2, 1988)

13.16.030 Definitions.

For the purposes of this chapter, unless the context specifically indicates otherwise, the meaning of terms used shall be as follows:

“City” means the city of Cloverdale, Sonoma County, California.

“Chemical oxygen demand, filtered” means the amount of chemical oxygen demand passing through a glass filter as measured in conformance with the standard method.

“Chlorine demand” means the amount of chlorine required to produce a free chlorine residual of 0.1 mg/1 after a contact time of fifteen minutes as measured by the iodometric method on a sample at a temperature of twenty degrees Celsius in conformance with the Standard Method.

“Contamination” means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease.

“Critical industry” means a discharger whose wastewater requires special regulation or contains industrial wastes requiring source control or whose average wastewater strength cannot be established on a business classification basis.

“Director” means director of public works and/or city engineer of the public works department of the city or his designated representative.

“Discharger” means any person who discharges or causes the discharge of wastewater to a city sewer system.

“EPA” means the federal Environmental Protection Agency.

“Federal Water Pollution Control Act of 1972” means Public Law 92-500, officially entitled the “Federal Water Pollution Control Act Amendments of 1972,” and any amendments thereto, as well as guidelines, limitations and standards promulgated by the Environmental Protection Agency pursuant to the act.

“Garbage” means solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of food products.

“Incompatible pollutant” means a component of industrial wastewater which interferes with, is not removed by, or is otherwise incompatible with the subregional sewage treatment and water reclamation plant or their processes.

“Industrial waste” means the waterborne waste and wastewater from any production, manufacturing or processing operation of whatever nature including institutional and commercial operations where water is used for the removal of significant quantities of waste other than from human habitation or premises connected to the public sewers. Contents of chemical toilets, septic tanks, waste holding tanks and waste sumps shall be classed as industrial waste.

“Infiltration” means water entering the sewerage system through the ground.

“Inflow” means water entering a sewerage system from surface drainage and clean cooling water systems.

“Mgd” is the abbreviation for million gallons per day.

“Natural outlet” means any outlet into a watercourse, ditch, pond, lake or other body of surface or ground water.

“Nonresident user” means users whose premises are primarily for commercial or governmental or other nonresidential activity but excluding premises of industrial users. Incidental residential use is not precluded.

“Nuisance” means a discharge of wastewater in violation of city regulations or orders, or which is or could be harmful to or unreasonably affect the sewage disposal facilities of the district, or which impairs or unreasonably affects the operation and maintenance of such facilities, or which violates quantity, quality or flow standards adopted by the city, and all wastewater discharges which unreasonably affect the quality of the city treatment plant effluent in such a manner that receiving water quality requirements established by law cannot be met by the city.

“O&M” means operation and maintenance.

“Peak wet weather flow (PWWF)” means the peak rate of flow occurring during or from the effects of precipitation.

“Person” means any individual, partnership, firm, association, company, society, organization, group, corporation or public agency, including the State of California and the United States of America.

“pH” means the logarithm of the reciprocal of the hydrogen-ion activity in grams per liter of solution as measured by standard analytical procedures.

“Pollution” means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affect:

1. Such waters for beneficial use; or

2. Facilities which serve such beneficial uses.

“Premises” means a parcel of real property, or portion thereof, including any improvements thereon, which is determined by the city to be a single unit for purposes of receiving, using and paying for sewage disposal service. In making this determination, the city shall take into consideration such factors as whether the unit could reasonably be subdivided, number and location of side sewers, and whether the unit is being used for a single activity and, if not, what is the principal activity for sewage disposal services, but in any case the city determination shall be final. “Premises” also means a parcel of real property, or portion thereof, including any improvements thereon, which is determined by the director to be a single unit for the purposes of receiving, using and paying for sewerage service.

“Pretreatment” means the treatment or flow limitation of industrial wastes prior to discharge to the city sewerage system.

“Public agency” means the United States Government or any department or agency thereof; the State of California or any department or agency thereof; any city, county, town or any department or agencies thereof, any school district; any other governmental or public district or entity; or any other legal public district, entity or entities; or any combination of the foregoing.

“Receiving water quality requirements” means requirements for the city treatment plant effluent established by law or by state or federal regulatory agencies for the protection of receiving water quality.

“Requirements” shall include effluent limitations, and waste discharge standards, requirements, limitations or prohibitions which may be established or adopted from time to time by state or federal laws or regulatory agencies.

“Sewage” means the water-borne wastes derived from human habitation and use of buildings for residential, business, institutional and industrial purposes.

“Sewage disposal facilities” means and includes intercepting sewers, sewage treatment works, pumping plants, outfall sewers and appurtenances constructed, operated and maintained by the city and created for sewage disposal purposes.

“Sewage disposal purposes” means the acquisition, *construction, enlargement, operation and maintenance of intercepting sewers, sewage treatment works, pumping plants, outfall sewers and appurtenances by a special district.

“Sewer, sanitary sewer” means a pipe or conduit which carries sewage and/or industrial wastes and to which storm, surface and groundwaters are not intentionally admitted. Unless otherwise qualified, the word “sewer” when used in this chapter shall be taken to mean “sanitary sewer.” A city sewer or public sewer is any sewer located within an easement or public right-of-way and which is maintained by the city. A building sewer or lateral service sewer or privately maintained collector sewer is a sewer on private property serving a specific building or property and is maintained by the owner(s) thereof.

“Sewerage system” means all works for collecting, pumping, treating, disposing, storing and reclaiming sewage.

“Side sewer” means a sewer lateral conveying the wastewater of a discharger from a residence, building or other structure to a community sewer, including direct connections to a community sewer where permitted by the public agency.

“Slug” means any discharge of water, sewage or industrial waste which is a concentration of any given constituent or in quantity of flow exceeds, for any period of duration longer than fifteen minutes, more than five times the average twenty-four-hour concentration or flow rate during normal operation.

“Standard analytical procedures” means procedures contained in the latest editions of “Standard Methods for the Examination of Water and Wastewater” (American Public Health Association), American Society of Testing and Materials (ASTM) standard and tentative methods, and other standard procedures appropriate to the conditions as set forth or approved by the EPA.

“Suspended solids (SS)” means particulate matter present in sewage and retained on a filter (nonfilterable) in a standard analytical procedure.

“Trade secret” means a method or process, not patented, but known only to persons using it in producing an article of trade or a service having commercial value.

“User” means any person who is owner of record, lessee, sublessee, mortgagee in possession, or responsible for property having a connection to a city sewer or for processes which contribute sewage or industrial waste to a city sewer. See also “Industrial user.”

“User agency” means a public agency which, by agreement with the city, is served by and acquires a capacity service in the city sewage system.

“Waste” includes sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature.

“Wastewater” means all sewage, industrial and other wastes and waters, whether treated or untreated, discharged into or permitted to enter the sewer system for treatment in sewage disposal facilities of the city. As used in this chapter, unless the context specifically indicates otherwise, “wastewater” means sewage and industrial waste discharged to a city sewer by any person.

“Wastewater capacity fee” or “connection fee” means a charge to each new customer, or customer who increases his demand for capacity for wastewater treatment, which reasonably reflects the city’s cost for providing wastewater treatment capacity.

“Wastewater strength” means the quality of wastewater discharged as measured by its elements, including its constituents and characteristics.

“Water quality requirements” means requirements for the city’s treatment plant effluent established by the National Pollutant Discharge Elimination System permit, or by state or federal regulatory agencies for the protection of receiving water quality. Water quality requirements include effluent limitations and waste discharge standards, limitation, or prohibitions which may be established or adopted from time to time by state or federal laws or regulatory agencies. (Ord. 420-88 § 3, 1988)

13.16.040 Sewers required.

A. It is unlawful to discharge any sewage, industrial waste or other polluted waters into any storm drain or natural outlet.

B. It is unlawful to construct, reconstruct, relocate or alter any privy, privy vault, cesspool, septic tank or other facility intended or used for the disposal of sanitary sewage within the city if a public sewer is available, as described in this chapter.

C. The owner of any premises used for human occupancy, employment, recreation or other human purpose situated within the city and abutting on any street or easement in which there is situated a sanitary sewer within three hundred feet of the property line and designed to serve such premises is required to install, at his expense, a connection with the public sewer in accordance with the provisions of this chapter within ninety days after the date of official notice by the city council to do so, and the private sewage disposal system shall be removed or cleaned of sludge and filled with gravel, sand or clean compacted earth. (Ord. 420-88 § 4, 1988)

13.16.050 Private sewage disposal systems—Objectives of regulation.

The objectives of regulating private sewage disposal systems are as follows:

A. To attain the highest possible level of public health standards within the development in the city;

B. To ensure uniformity and consistency in the standards of sanitary service within the city;

C. To achieve and maintain environmental protection by utilizing a public sewer system instead of private septic systems;

D. To prevent the use of private septic systems within the city except where specified conditions of approval are met. (Ord. 420-88 § 5 (A), 1988)

13.16.060 Private sewage disposal systems—Permit required.

No septic tanks shall be installed within the city without a septic tank permit, approved by the director of public works. No septic tank permit shall be approved for a lot, if connection is possible in an existing sewer within five hundred feet of the property line. (Ord. 420-88 § 5(B), 1988)

13.16.070 Private sewage disposal systems—Conditions of permit approval.

Septic tank permit applications may be approved by the director or public works for issuance by the Sonoma County health department, after review by the director of public works and subject to the following conditions:

A. All director of public works approvals of septic tank permit applications shall include a finding that city sewer facilities will not be available within a reasonable time.

B. Except for lots legally existing on the effective date of the ordinance codified in this chapter, all lots for which septic tank permits are sought must be at least two acres in size and less than thirty percent slope for the leach field area.

C. All septic tank permit applicants shall furnish results of soil percolation tests performed under wet weather standards unless the applicant has furnished evidence sufficient to establish that it has been previously demonstrated to a county health officer of the regional board that percolation rates are satisfactory in the area for which the permit is sought.

D. All septic tank permit applications shall be accompanied by plans which conform to county health department standards.

E. All applicants for whom septic tank permits are approved shall, prior to issuance of the permit, record an irrevocable covenant running with the land, obligating the land to connect to the public sewer when required by the director of public works as part of an areawide sewer installation program.

F. All applicants for whom septic tank permits are approved and issued shall allow inspection of their septic system by a county health department representative upon presentation of proper identification.

G. At such time as a public sewer becomes available to the premises served by a private sewage disposal system constructed subsequent to enactment of this chapter, the building sewer shall be connected to such public sewer, as provided in this chapter.

H. Discharge of industrial waste from any premises within the city onto land or to any natural outlet may be permitted only if the discharge complies with all requirements of the Regional Water Quality Control Board and of all other local, state and federal laws and regulations. (Ord. 420-88 § 5(C), 1988)

13.16.080 Permits—Generally.

The following permits are provided for in this chapter.

A. Connection permit — a written authorization by the director to make a specific connection to a public sewer.

B. Sewer use permit — a license for a user to discharge wastewater into a public sewer. There are two types:

1. Nonresidential sewer use permit; and

2. Industrial sewer use permit. (Ord. 420-88 § 14, 1988)

13.16.090 Connection permit.

A. No connection to a public sewer shall be made until a connection permit has been issued therefor by the director of public works. The owner of the premises to be served shall provide all information required by the application form, supplemented by any plans, specifications or other information which, in the judgment of the director of public works, is pertinent to the location and use of the premises. Separate connections may be required for each building of a single premises or for separation of industrial waste from sanitary sewage. All applicable connection fees shall be paid upon submittal of the application in accordance with the then in effect city ordinance or resolution establishing sewer connection fees.

B. The permit shall be validated upon final inspection and acceptance of construction of the connection and, when required, upon the application of and issuance of a sewer use permit. (Ord. 420-88 § 15, 1988)

13.16.100 Sewer use permit.

Users whose premises are designated as either nonresidential or industrial under Section 13.16.030 shall not use the public sewage system either directly or indirectly through a private collection system without first obtaining the proper sewer use permit, except as provided in this chapter.

A. All nonresidential or industrial user applicants who intend to connect their premises to the sewer on or after the effective date of the ordinance codified in this chapter must obtain a sewer use permit.

B. On or after the effective date of the ordinance codified in this chapter, users who acquire or newly occupy premises which were then connected to the sewer must obtain a sewer use permit.

C. Existing users whose premises are connected to the sewer prior to the effective date of the ordinance codified in this chapter shall file an application for a sewer use permit within thirty days after notice by the director of public works to do so. Terms under which industrial users are permitted to use the public sewerage system under previous ordinances shall remain in effect until sixty days after notice to file an application for an industrial sewer use permit under this chapter has been issued and for such additional time as may be extended for good cause by the director of public works. (Ord. 420-88 § 15, 1988)

13.16.110 Application for sewer use permit.

A. Persons applying for a sewer use permit shall complete and file with the director of public works an application form, accompanied by the applicable fees. The application may require the following information: description of activity, facilities, and plant process on the premises, including raw materials processes and types of materials which are or could be discharged; total product produced, by type; number and type of employees; estimated wastewater strength; estimated wastewater flow; average and peak wastewater discharge flow for each lateral service sewer, locations of lateral service sewers, sampling points and pretreatment facilities; water supply information; source, volume and chemical characteristics of each tank contents; and any other information the director of public works shall maintain the privacy of all business data and trade secrets supplied and identified as confidential matter by the applicant.

B. The director of public works will evaluate the data furnished by the applicant and may require additional information. After evaluation and approval of the data furnished, the director of public works will determine the class of the user and may issue a nonresidential or industrial sewer use permit subject to conditions and terms as provided in this chapter. (Ord. 420-88 § 16, 1988)

13.16.120 Term of sewer use permit.

A sewer use permit shall be valid for a term of five years from the date of its issuance, subject to the following conditions:

A. Change in User. A sewer use permit shall not be assigned or transferred.

B. Change in Use. Whenever the use of the premises by the user, or the character of the discharge, changes materially from that stated in the permit application, or upon demand of the director of public works, the user shall file an application for a new permit within sixty days.

C. Change of Permit Conditions. The city may change the conditions of a sewer use permit, including changing the limits or constituents of wastewater strength from time to time, as circumstances may require. The city shall allow a discharger reasonable time to comply with such changes.

D. Temporary Suspension. A sewer use permit may be temporarily suspended by the director of public works at any time if, in his opinion, the continued discharge of the waste or water into the sewerage system would, when combined with the other discharges into the sewerage system, exceed the city’s allocated capacity service in the sewerage system, substantially jeopardize the ability of the treatment system to meet water quality requirements or would cause an unsafe condition to occur. In lieu of temporary suspension of permits, the engineer may impose such temporary restrictions, conditions or limitations upon the quantities, qualities and rates of discharge made thereunder as he deems necessary to assure that such receiving water quality requirements will not be violated by the sewage discharged by the city to the system, or to alleviate the unsafe condition. In addition, the director of public works may suspend a sewer use permit at any time if he deems such suspension necessary to halt or prevent a discharge that has the potential to endanger human lives and/or injure the environment.

E. Notice of Suspension. Notice of the temporary suspension or the imposition of temporary restrictions, conditions or limitations shall be given in writing by the director of public works to the permittee at least twenty-four hours prior to their effective date. Delivery of such notice to the permittee’s place of business within the city shall constitute delivery of notice to permittee. In circumstances where the director of public works deems it necessary to suspend a sewer use permit in order to prevent potential danger to human life and/or injury to the environment, no notice pursuant to this section is required.

F. Revocation. A sewer use permit may be revoked by the director of public works for any of the following reasons:

1. Failure of the permittee to comply with the conditions of the permit;

2. Failure of the permittee to pay when due any charges imposed as a condition of the issuance of a permit.

No permit shall be revoked by the director of public works until he has notified the permittee in writing of his intent to do so and has afforded the permittee the opportunity to appear before the city council within a reasonable period of time to show cause why the permit should not be revoked; provided, however, a permit may be summarily revoked by the director of public works without prior notice to the permittee if, in the opinion of the director of public works, the continuing discharge would result in a violation of receiving water quality requirements.

G. Compliance. Unless directed otherwise on the notice of revocation or suspension of permit, the permittee shall cease discharging into the public sewer on the effective date of such revocation or suspension or shall conform with temporary restrictions, conditions or limitations on the effective date of such imposition. (Ord. 420-88 § 18, 1988)

13.16.130 Conditions on sewer use permits.

A. Sewer use permits may contain prohibitions on discharge of certain toxic substances as identified by federal or state law and of hazardous substances and may contain other conditions as deemed appropriate by the director of public works to ensure compliance with this chapter and the permit.

B. Industrial sewer use permits may contain any or all of the following conditions:

1. Separation of industrial wastewater from sanitary sewage prior to discharge to the public sewer;

2. Pretreatment of industrial wastes;

3. Limits on flow rate, time of discharge, strength of specific constituents or characteristics, or requirements for flow and constituent regulation or equalization;

4. Requirements for inspection, flow measurement and sampling facilities, including access to such facilities by the director of public works;

5. Monitoring program, which may include: sampling locations, frequency and method of sampling, number, types and standard for tests; and the establishment of a reporting schedule. Monitoring shall be provided by the user at his expense, using a state certified laboratory. The user’s laboratory, where available, may be used if approved by the director of public works;

6. Submission of technical reports or discharge reports;

7. Maintenance of plant records relating to wastewater discharges, as specified by the director of public works, and affording the director access thereto. (Ord. 420-88 § 17, 1988)

13.16.140 Construction of sewers and sewer connections.

A. No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the director.

B. All construction of public sanitary sewers, of sewers to become public sanitary sewers or of lateral service connection sewers shall conform to the design criteria, the standard plans and specifications and the inspection and testing for sanitary sewers in accordance with current city standards.

C. Connection of Surface or Subsurface Drains. No person shall make connection of roof downspouts, areaway drains, foundation drains or other sources of surface runoff or groundwater to a building sewer or lateral service sewer which in turn is connected directly or indirectly to a public sanitary sewer. (Ord. 420-88 § 6, 1988)

13.16.150 Sewer user classifications.

All users shall be classified for sewage collection and disposal purposes in accordance with the governing activity conducted on the premises, as determined by the director of public works. The purpose of the classification is to facilitate the regulation of sewer use based on character and quantity of flow; to provide an effective means of source control of toxic substances; and to provide a basis for sewer use charges to ensure an equitable recovery of capital and operating costs. Use classifications are as follows:

A. Residential. Users whose premises are primarily for residential purposes and have no significant producing or processing activity of a commercial or industrial nature;

B. Nonresidential. Users whose premises are primarily for commercial, governmental, industrial or other nonresidential activity but excluding premises of industrial users. Incidental residential use is not precluded;

C. Industrial. Industrial users as defined in Section 13.16.030. (Ord. 420-88 § 7, 1988)

13.16.160 Utility accounting.

An accounting system shall be maintained in accordance with generally accepted accounting principles. It shall be sufficient in detail to demonstrate that collections and disbursements are made in compliance with the intents and purposes of state and federal regulations. (Ord. 420-88 § 9, 1988)

13.16.170 Basis of sewer service charges.

Sewer service charges shall be based on the following rules and standards:

A. The standard utility accounting period shall be a fiscal year commencing July 1st and ending June 30th.

B. The service charge shall be payable by each user on a bimonthly rate and generally billed and paid with the bill for water service to the same premises.

C. Sewer service charges shall be based upon the estimated actual use of the sanitary sewerage system by the premises or user, except that a minimum charge may be set based upon a minimum bimonthly usage.

D. Charges for residential users shall be based on metered consumption of water during the bimonthly water metering period of least consumption between the period November 1st and March 31st. For residential users supplied by private water supplies, the rate shall be not less than that applicable to like residences served by a metered public water supply.

E. Charges for nonresidential and industrial users shall be based on bimonthly or monthly metered water consumption from all sources, but excluding water which, upon determination by the director of public works, is found not to be discharged to a sanitary sewer.

F Charges for industrial users may also be based on the pounds of BOD and suspended solids and any other applicable waste loadings discharged to the sewer each billing period determined in accordance with this chapter. Special charges may be made to reimburse the city for abnormal costs incurred because of other pollutants in the wastewater. Rates for seasonal industries shall include in their capital-related element the costs of allocated capacity service in the system. Industrial rates, to the extent applicable, shall include provisions to comply with industrial cost recovery provisions of the Federal Water Pollution Control Act of 1972.

G. Charges to users of premises situated partly or wholly outside the city limits of the city may be charged an in-lieu fee for costs of related services not covered by the sewer service charges for users within the city, as set forth, but not to exceed a surcharge of ten percent more than users within the city limits.

H. Repealed by Ord. 680-2011. (Ord. 680-2011 § 1 (part), 2011; Ord. 420-88 § 8, 1988)

13.16.180 Liability of owner for collection of charges.

The council of Cloverdale finds that the public health and welfare of the people of the city is benefited by a sanitary sewerage system. All owners are liable for the charges prescribed by this chapter, regardless of whether the owners use the service herein provided. (Ord. 420-88 § 11, 1988)

13.16.190 Liability of owner if occupant fails to pay.

In the case of premises that are occupied by someone other than the owner, such charges may be billed to the occupant of such premises. If the occupant fails to pay such charges, the owner shall be liable to the city for such charge, but in no event shall the charge billed the owner exceed billing for a four-month period. (Ord. 420-88 § 12, 1988)

13.16.200 Additional remedy.

The city may terminate sewer and water services to the property for which charges for sewer services are delinquent, and may refuse to restore such services until all such charges, together with service charges for resumption of such services, are fully paid. Water and sewer services may be terminated to the property regardless of the identity of the owner or occupant of the property, or user of the service. (Ord. 420-88 § 13, 1988)

13.16.210 Vacant premises.

Upon affidavit by the owner of a premises that is vacant, water service shall be stopped and sewer service charges shall be suspended until water service is restored. (Ord. 420-88 § 10, 1988)

13.16.220 Administration—Responsibility.

The director is charged with responsibility for the city’s wastewater control program and the administration and enforcement of the provisions of this chapter. For the purpose of inspecting the facilities for conformance with the provisions of this chapter, he may enter upon the premises of any person discharging or applying for permission to discharge nonresidential or industrial wastes into the sewerage system of the city at any time. Such entry may be announced or unannounced, scheduled or unscheduled, and may occur without prior notification to the user. (Ord. 420-88 § 25(A), 1988)

13.16.230 Administration—Unusual conditions.

Notwithstanding any provision of this chapter to the contrary, the city council of the city and any person may enter into an agreement where unusual conditions compel special terms and conditions and charges for the interception, treatment and disposal of an industrial waste necessary to meet the purposes of this chapter. In no event, however, may the “categorical standards” referred to in Sections 13.16.260 through 13.16.290 of this chapter, or any federal or state standard, be relaxed or waived. (Ord. 420-88 § 25(B), 1988)

13.16.240 Administration—Measurement of wastewater characteristics.

All measurements, tests and analyses of the characteristics of industrial wastewater shall be, unless otherwise indicated or required, determined in accordance with standard laboratory procedures as defined in this chapter, and shall be determined at the control manhole or upon suitable samples taken at said control manhole. In the event no special manhole has been required, the control manhole shall be considered to be the nearest access determined as suitable by the director. (Ord. 420-88 § 25(C), 1988)

13.16.250 Permissible discharges.

Wastewater may be discharged into the city sewer for collection, treatment and disposal by the city, provided that such wastes do not contain substances prohibited or exceed limitations of wastewater volume or strength, as set forth in this chapter and, if applicable, in a sewer use permit; and further provided, that the user pays all applicable city charges and is in compliance with all other terms of this chapter. (Ord. 420-88 § 19, 1988)

13.16.260 General prohibitions.

No persons shall discharge, or cause to be discharged, into a public sanitary sewer:

A. Any water, wastes or other matter which will result in contamination, pollution or a nuisance; or

B. Any stormwater, surface water, groundwater, road runoff or subsurface drainage. (Ord. 420-88 § 20, 1988)

13.16.270 Prohibited effects.

No person shall discharge, or cause to be discharged, wastewater into a public sewer if it contains substances or has characteristics which, either alone or by interaction with other wastewater, cause or threaten to cause:

A. Damage to the city sewage collection system or interference with or impairment of the operation or maintenance of that system;

B. Obstruction of flow in sewers;

C. Damage to or interference with, or overloading of, the subregional interceptors, treatment or disposal system or processes;

D. Flammable or explosive conditions;

E. Wastewater, or any other byproducts of the treatment process, to be unsuitable for reclamation and reuse, or interference with any processes for reclamation;

F. Noxious or malodorous gases or odors;

G. Discoloration or any other condition in the quality of the treatment plant effluent in such a manner that receiving water quality requirements established by law cannot be met by the city; or

H. Conditions at or near city facilities which violate any statute, or any rule, regulation or ordinance of any public agency or state or federal regulatory body. (Ord. 420-88 § 21, 1988)

13.16.280 Prohibited substances or characteristics.

No person shall discharge, or cause to be discharged, to a city sewer line the following:

A. Any cooling water, or unpolluted industrial process water. Unpolluted water shall be discharged to such pipelines as are specifically designated as storm drains, or to a natural outlet approved by the engineer;

B. Any waste or wastewater having a pH lower than 5.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel;

C. Garbage, except ground garbage from residential and commercial premises where food is prepared and consumed. For the purpose of this chapter, “garbage” means that it has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 0.25 inch (six mm) in any dimension;

D. Any ashes, cinders, sand, mud, straw, leaves, grass cuttings, metal, glass, ceramics, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of either causing obstruction to the flow in sewers or interfering with the proper sewerage system operation and/or maintenance;

E. Any radioactive wastewater, except when the person is authorized to use radioactive material by the U.S. Nuclear Regulatory Commission, or other governmental agency empowered to regulate the use of radioactive materials, and when the wastewater is discharged in strict conformance with current Nuclear Regulatory Commission regulations and recommendations for safe disposal, and in strict compliance with all rules and regulations of the state, local regulatory agencies, and the sewer use permit;

F. Those pesticides and other toxic pollutants identified by the EPA and in excess of amounts determined by the EPA in accordance with Section 307(a) of the Federal Water Pollution Control Act of 1972 or as subsequently amended, which may be revised from time to time, including:

1. Aldrin, dieldrin,

2. Benzidine and its salts,

3. DDD, DDE and DDT,

4. Endrin,

5. Cadmium and all cadmium compounds,

6. Cyanide and all cyanide compounds,

7. Mercury and all mercury compounds,

8. Polychlorinated biphenyls (PCBs),

9. Texaphene;

G. Any substance in violation of the categorical pretreatment standards referred to in Sections 307(b) and (c) of the Clean Water Act. (Ord. 420-88 § 22, 1988)

13.16.290 Regulated discharge characteristics.

No person shall discharge or cause to be discharged to a city sewer any of the following without first obtaining a sewer use permit that specifically permits such industrial waste discharge characteristics:

A. Discharge during a daily twenty-four-hour period in excess of twenty thousand gallons;

B. Volume of flow or concentration of wastes constituting “slugs,” as defined in this chapter;

C. Discharge which has a daily average concentration of:

1. BOD in excess of three hundred milligrams per liter,

2. COD in excess of seven hundred milligrams per liter,

3. Suspended solids in excess of three hundred fifty milligrams per liter,

4. Polar grease in excess of one hundred milligrams per liter, or

5. Nonpolar grease or other hydrocarbons in excess of fifty milligrams per liter,

D. Water or wastes with pH lower than 6.0 or higher than 9.5;

E. Discharges containing metal pickling or etching wastes or plating solutions, whether neutralized or not; or

F. Any discharge which has an average daily concentration of:

1. Arsenic exceeding 0.2 milligrams per liter,

2. Hexavalent chromium exceeding 0.1 milligrams per liter or total chromium exceeding 0.5 milligrams per liter, or

3. Copper exceeding 0.2 milligrams per liter. (Ord. 420-88 § 24, 1988)

13.16.300 Control manholes.

The sewer permit may require any user to construct, at his own expense, a metering and sampling station, or control manhole, together with the corresponding measuring and sampling equipment. The control manhole shall be constructed on the lateral service sewer of the discharger and at a location approved by the director, provided, that the director may require the installation of such facilities on the premises of the user at a location which will be accessible to the director at all times. Construction shall be completed within sixty days of waste discharge permit approval, and the director may require the installation of such control manholes on each sewer lateral. (Ord. 420-88 § 25(D), 1988)

13.16.310 Unmetered waste flows.

Sewage and industrial waste flows from dischargers nonresidential and industrial not required to install control manholes shall be determined as follows:

A. For premises where no significant portion of the water received from any source is consumed in the principal activity of the user, or is removed from the premises by means other than the sewerage system, the volume of waste flow shall be equal to the total volume of water used from all sources. Water received from each source shall be determined by the registration shown in the corresponding water meter. Unmetered water sources shall be equipped with meters at the user’s expense. Size and type of water meters and frequency of testing shall be specified in the sewer use permit.

B. For premises where a portion of the water received from any source does not flow into the sewerage system, either because of the principal activity of the user or because of its removal by other means, the volume of waste flow shall be equal to the volume of water used from all sources less the volume of water removed by the user’s activity. Water received from each source, as well as water removed, shall be determined by the registration shown in the corresponding water meters. Unmetered water removals shall be equipped with meters at the user’s expense. Size and type of water meters and frequency of testing shall be as specified in the sewer use permit. (Ord. 420-88 § 25(E), 1988)

13.16.320 Pretreatment facilities.

A. Where required in the waste discharge permit or by state or federal laws and regulations, the discharger shall provide, at his expense, such preliminary treatment or controls as may be necessary to eliminate or reduce the objectionable characteristics, constituents or quantities and rates of discharge to conform to the maximum limits provided for in the permit.

B. Plans, specifications and any other pertinent information related to proposed pretreatment facilities shall be submitted for the approval of the director. Construction of such facilities shall not commence until such approval is obtained in writing, and use of such facilities shall not commence until completed facilities are approved in writing. Pretreatment facilities shall be continuously maintained in satisfactory and effective operating condition to the satisfaction of the director. (Ord. 420-88 § 26, 1988)

13.16.330 Interceptors.

A. Grease, oil or sand interceptors shall be provided when, in the opinion of the director, they are necessary for liquid wastes containing grease in excessive amounts, or sand, flammable materials, or other harmful ingredients.

B. All interceptors shall be of a type and capacity approved by the director, and shall be located so as to be readily and easily accessible for inspection and cleaning. All grease, oil and sand interceptors shall be maintained in continuously efficient operation at all times. (Ord. 420-88 § 27, 1988)

13.16.340 Reporting requirements and notification of discharge.

A. Those users which come within the Code of Federal Regulations definition of “categorical industries” shall comply with the reporting requirements of 40 CFR 403.12.

B. Notification of Discharge. Users shall notify the Agency immediately upon accidentally discharging wastes in violation of this chapter to enable countermeasures to be taken by the Agency to minimize damage to the community sewer, treatment facility, treatment processes and the receiving waters.

C. This notification shall be followed, within ten days of the date of occurrence, by a detailed written statement describing the cause of the accidental discharge and the measures to be taken to prevent future occurrence.

D. Such notification will not relieve users of liability for an expense, loss or damage to the sewer system, treatment plant or treatment process, or for any fines imposed on the Agency on account thereof, under Section 13550 of the California Water Code or for violations of Section 5650 of the California Fish and Game Code. (Ord. 420-88 § 23, 1988)

13.16.350 Discharge reports from user.

A. The director may require waste reports, including, but not limited to, questionnaires, technical reports, sampling, reports, and test analyses, and periodic reports of wastewater discharge. When the requested report is not adequate in the judgment of the director, he may require the user to supply such additional information as the director deems necessary.

B. Water reports may include, but are not necessarily limited to, nature of the process, volume and rates of wastewater flow, elements, constituents and characteristics of the wastewater, together with any information required in the sewer use permit.

C. Confidential Information. All information and data on a user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Agency that the release of such information would divulge information, processes or methods which would be detrimental to the user’s competitive position.

D. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available to governmental agencies for use in making studies; provided, however, that such portions of a report shall be available for use by the state or any state agency in a judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

E. Information accepted by the Agency as confidential shall not be transmitted to any governmental agency or to the general public by the Agency until and unless prior and adequate notification is given to the user. (Ord. 420-88 § 28, 1988)

13.16.360 Rules for enforcement.

The director may adopt procedures and rules for the implementation and administration of this chapter, including, but not limited to:

A. Require Discharger to Submit Schedule of Remedial or Preventive Measures. When the director finds that a discharge of industrial wastes is taking place, or threatening to take place, that violates or will violate prohibitions or limits prescribed by this chapter or other wastewater source control requirements, or the provisions of a sewer use permit, the director may require the discharger to submit for his approval a detailed time schedule of specific actions the discharger shall take to correct or prevent the violations of requirements.

B. Order to Cease and Desist. When the director finds that a discharge of industrial wastes is taking place or threatening to take place in violation of prohibitions or limits of this chapter or wastewater source control requirements, or the provisions of a sewer use permit, the director may issue an order to cease and desist and may direct that those persons not complying with such prohibitions, limits, requirements or provisions (1) comply forthwith; (2) comply in accordance with a time schedule set by the director; or (3) in the event of a threatened violation, take appropriate remedial or preventive action.

C. Elimination of Surface or Subsurface Drainage. When the owner of premises fails to comply with an order to cease and desist the entrance of surface or subsurface drainage water from his premises to the public sewer, the director shall have the right to enter the premises and to block the flow of drainage water. The costs thereof shall become a lien upon the premises, in accordance with appropriate sections of this chapter.

D. Damage to Facilities and Processes. When the discharge of industrial wastes causes an obstruction, damage or other impairment to the sewerage facilities or treatment processes, the director will tabulate the expenses incurred for the work required to clean or repair the facility and correct the treatment process. Such expenses shall be added to the discharger’s billing for industrial service charges.

E. Termination of Service. The city may terminate or cause to be terminated the service to any user if a violation of any provision of this chapter is found to exist or threatens to cause a condition of contamination, pollution or nuisance, as defined in this chapter. This provision is in addition to other statutes, rules or regulations authorizing termination of service for delinquency in payment, or for any other reason. Whenever a premises has been disconnected from the city’s sewerage system for a violation of this chapter, reconnection of such premises shall be in accordance with city regulations. (Ord. 420-88 § 29 (A), 1988)

13.16.370 Request for ruling.

If any discharger or applicant for a permit disputes the interpretation or application of this chapter, he may request a ruling by the director, who will set forth his determinations on the request. (Ord. 420-88 § 29(B), 1988)

13.16.380 Appeal.

If the discharger or applicant for a permit is dissatisfied with the determinations made by the director under Section 13.16.370, he may, within thirty days after receipt of the ruling of the director, appeal such ruling by giving written notice of the basis of his appeal to the city council of the city. The city council shall, within thirty days after receipt of the written notice of appeal, make a final determination of the issue submitted. (Ord. 420-88 § 29(C), 1988)

13.16.390 Injunction.

Whenever a discharge of wastewater is in violation of the provision of this chapter or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the director may petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining the continuance of such discharge. (Ord. 420-88 § 29(G), 1988)

13.16.400 Violation—Penalty.

No person shall violate any provision of or fail to comply with any of the requirements of this chapter. Any person intentionally or negligently violating any of the provisions or failing to comply with any of the requirements of this chapter is guilty of a misdemeanor. Each person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, and shall be punishable accordingly. (Ord. 420-88 § 29(E), 1988)

13.16.410 Damages—Reimbursement to city when.

A. Any person who intentionally or negligently violates any order issued by the engineer for violation of provisions of this chapter or regulating or prohibiting discharge of wastewater which causes or threatens to cause a condition of contamination, pollution or nuisance as defined by this chapter may be liable civilly in a sum not to exceed six thousand dollars for each day in which such violation occurs.

B. The city attorney, upon request of the city council of the city, shall petition the superior court to impose, assess and recover such sums. (Ord. 420-88 § 29(F), 1988)

13.16.420 Fine for falsification of data.

Any person who submits reports required by this chapter, which he knows or should have reason to know contains falsified data, shall be subject to a fine not to exceed ten thousand dollars. (Ord. 420-88 § 29(H), 1988)