Chapter 13.05
SEWER SYSTEM
Sections:
13.05.020 Rates and charges established.
13.05.030 Surcharge for connection to Clayton Valley Stage II sewer trunkline.
13.05.040 Billing; payment of bills; delinquency.
13.05.050 Person responsible for payment of charges.
13.05.070 Enforcement; collection of charges; lien for unpaid charges.
13.05.080 Effective date of charges.
13.05.090 Connection to sewer system required; permit for discharge of industrial waste.
13.05.110 Service to premises outside city.
13.05.130 Duties of Director of Public Works and Director of Finance.
13.05.140 Disposition of revenue.
13.05.010 Definitions.
The following terms, when used in this article, shall have the following respective meanings:
Building sewer. That part of any sewer piping beginning at the junction thereof with any building plumbing system at not closer than two feet outside the foundation wall of the building serviced and terminating in any main sewer.
City. The City of Concord, a municipal corporation and general law city organized and existing under the constitution and laws of the state.
Clerk. The City Clerk of the city.
Commercial owner. Any owner who is not a residential owner, industrial owner, or institutional owner.
Commercial sewer service. The furnishing of sewer service to the premises of any commercial owner.
Council. The City Council of the city.
Date of presentation. The date upon which a bill or notice is mailed or delivered personally to the owner.
Direct connection benefit. The benefit derived from availability to any premises of a main sewer (no part of the cost of construction of which was paid by the owner of such premises or his predecessor) to which connection can be made by a house sewer, if such main sewer was completed and accepted by the city after June 30, 1958, or if such premises came within the limits of the city after August 31, 1958.
Director of Finance. The Director of Finance and Management Services, or his designee, or other person designated by the City Manager to perform the duties as specified in this article.
Director of Public Works. The Director of Public Works or his designee, or other person designated by the City Manager to perform the duties as specified in this article.
District. The Central Contra Costa Sanitary District, Contra Costa County, California.
Domestic sewage. The waterborne waste derived from the ordinary living processes and of such character as to permit satisfactory disposal, without special treatment, into the sewer system.
Domestic sewer service. The furnishing of sewer service to the premises of any residential owner.
Dwelling unit. Any single-family dwelling of one or more rooms having one or more plumbing fixtures suitable for residential occupancy by any number of persons living together as a single family, including single-family dwelling units, and each group of rooms constituting a dwelling unit for a single family in any multiple dwelling structure.
Family. Any one or more persons comprising a single-family unit.
Industrial owner. Any owner on whose premises any manufacturing or processing activity for profit is engaged in, including the manufacturing or processing of agricultural products, animals, poultry, goods, wares, or other products or materials.
Industrial sewer service. The furnishing of sewer service to the premises of any industrial owner.
Industrial waste. Any and all liquid or waterborne waste from industrial or commercial processes, except domestic sewage.
Institutional owner. Any owner, public or private, operating a public or nonprofit school, church, hospital, lodge, club, fire department, library, memorial building, or other public or nonprofit activity.
Institutional sewer service. The furnishing of sewer service to the premises of any institutional owner.
Lateral sewer. That portion of any building sewer within a street or public easement (normally that portion between the main sewer and the property line cleanout).
Law. The Revenue Bond Law of 1941 (Government Code § 54300 et seq.) as now in force and effect, or as hereafter amended.
Main extension or sewer extension. The extension of any main trunk sewer or main sewer, exclusive of building sewers and service connections, beyond existing facilities in streets.
Main sewer. Any sewer constructed in any street to which any building sewers are, or can be, connected.
Main trunk sewer. Any sewer 12 inches or larger constructed in any street to accommodate a system of main sewers and not normally used for sewer connection.
Main trunk sewer extension benefit. Any benefit, other than a direct connection benefit, derived from the availability to any premises of a main trunk sewer extension, the cost of construction of which was paid by any person other than the city after the effective date of this article and no part of the cost of construction of which was paid by the owner of such premises or his predecessor. No premises shall be deemed to derive main trunk sewer extension benefit if any further main trunk sewer extension is required to connect such premises to the sewer system.
Multiple dwelling structure. Any two or more dwelling units in any single building or structure or group of buildings or structures, including any apartment house or apartment court, excepting any multiple lodging structure.
Multiple lodging structure. Any two or more lodging units in any single building or structure or group of buildings or structures, including any roominghouse, hotel, or motel.
Occupant. Any person actually occupying any premises, whether as owner or tenant or under contract or otherwise.
Owner. The person owning fee title to any premises as shown by the official records of the County Recorder.
Person. Any person, firm, company, corporation, partnership, association, or any public corporation billed for connection to, or for, facilities or services furnished by the sewer system.
Premises. Any lot, or any piece or parcel of land comprising two or more lots of record in one ownership, or any building or other structure or any part of any building or structure used or useful for human habitation, or gathering, or for carrying on a business, or occupation, or any commercial or industrial activity.
Property sewer. That portion of the building sewer located on private property (normally that portion located between the property or sewer easement line cleanout and the point of connection from the building’s plumbing system).
Public corporation. The city or any political subdivision, city, county, district, the state, or the United States of America, or any department or agency of any thereof. The singular in each case shall include the plural.
Residential owner. Any owner whose premises are used solely for residential purposes by any one or more persons.
Services area. The territory served by the city shall include all premises within the boundaries of the city and its sphere of influence now or at any time hereafter, and those various areas covered under separate contract for sewer services with the city.
Sewage. Domestic sewage or industrial waste, or both.
Sewer connection. The sewer service accessed by the building sewer.
Sewer service. The availability to any premises of services and facilities for collection, conveyance, treatment, and disposal of sewage.
Sewer system.
(1) The municipal sanitary sewer system comprised of the works and facilities for collection, conveyance, and disposal of sewage, together with such additions or improvements as may be made from time to time.
(2) The term “sewer system” shall not include any contract heretofore or hereafter executed by the city with any public corporation, or any of the city’s rights or obligations under any such contract, relating to the treatment or disposal, by or through any facilities not owned by the city, of any sewage collected by the sewer system.
Single-family dwelling unit. One dwelling unit in a single structure.
Site collector system. A private system of sewer mains and property sewers, constructed to serve one or more premises, or one or more parcels, wholly owned and maintained by the property owner(s).
Street. Any public highway, road, street, avenue, alleyway, easement, or right-of-way in the city.
Treasurer. The City Treasurer of the city.
(Code 1965, § 5200; Code 2002, § 110-31. Ord. No. 17; Ord. No. 523)
Cross references: Definitions generally, § 1.05.100.
13.05.020 Rates and charges established.
(a) Purposes; applicability. For the purpose of providing funds for: (1) the payment at or before maturity of the principal of, and interest on, all sewer revenue bonds heretofore or hereafter issued by the city for the purpose of the acquisition, construction, improvement, and financing of improvements to the sewer system; (2) payment of the cost of additions to, or improvements of, the sewer system; and (3) for payment of the cost of maintenance and operation of the sewer system, there are hereby levied and assessed, beginning on the effective date of this article, upon all premises connected to the sewer system or required by this article to be connected to the sewer system, the connection charges and the annual sewer service charges hereinafter set forth for the facilities and services furnished or available to such premises by the sewer system.
(b) Connection charges. Connection charges shall be set forth in the Master Resolution Establishing Fees and Charges for Various Municipal Services.
(1) The purpose of the connection charges provided for in this subsection (b) is to require all premises connected to the sewer system after September 25, 1952, or hereafter connected or hereby required to be connected to the sewer system, to recover capital and interest costs which would have been recovered on an annual basis if the user had been connected to the sewer system when the facilities (treatment plant, pump station, main trunks, etc.) paid for by the city were constructed.
(2) The applicable charge provided for by this subsection (b) shall be paid at or prior to the time of issuance of the connection permit referred to in section 13.05.100, except in any case where connection is to be made to an extension of the sewer system constructed in assessment district proceedings, and in each such case the applicable charge shall be paid from the proceeds realized from said assessment district proceedings as soon as such proceeds become available for the purpose.
(3) Each of the charges provided for in the Master Resolution Establishing Fees and Charges for Various Municipal Services is for a single-family dwelling unit. The ratio is the calculated quantity of sewage discharged within a determined period from such premises, to the quantity of sewage discharged by a single-family dwelling unit within the same period. Charges for multiple lodging structures, commercial, industrial, and institutional discharges, shall be based on an estimate of the volume and strength of their sewage in relation to that of a single-family residence as determined by the Director of Public Works. Changed or increased use of premises, or change in the character of the effluent of any premises, may result in additional charges.
(4) The connection charges shall be set forth in the Master Resolution Establishing Fees and Charges for Various Municipal Services. For commercial, retail, industrial, and multiple dwelling development, the connection charges may not be paid until a building permit application is completed and accepted in accordance with the current adopted edition of the Uniform Building Code. For residential development, the connection charges may not be paid until the parcel map or final subdivision map is approved by the city.
(5) Any premises which were within the city limits on or before September 25, 1952, on which habitable improvements existed on that date, shall be exempt from all charges provided for in the Master Resolution Establishing Fees and Charges for Various Municipal Services, as long as the character and use of the premises is not so changed as to increase the amount of sewage or change the character thereof so as to increase the burden on the system; if any such change occurs, or if application is made for building new or different structures thereon, or if a different use or uses of existing structures thereon is proposed, such premises shall be liable for all charges herein provided to be made.
(6) Any premises to be connected to the sewer system shall, at or prior to the time of issuance of a connection permit under this article, pay all connection charges required including those for reimbursement to any person or entity pursuant to any reimbursement agreement for a main sewer or for a main trunk sewer extension benefit entered into by the city or pursuant to any certificate of entitlement to reimbursement for a main sewer or for a main trunk sewer extension benefit then in effect.
(7) In case of a single-family dwelling unit or a multiple dwelling structure demolition, where the original building was connected to the sewer system and paid the appropriate connection fees, credit from previous connection charges may be applied at the current rate toward a new connection on the same premises. Credit for the removal of plumbing fixtures during remodeling or demolition of a building other than a residential building may be applied toward the connection charges for new fixtures at the current rate on the same premises.
(8) In addition to the charges set forth the Master Resolution Establishing Fees and Charges for Various Municipal Services, where applicable the following additional charges for direct connection benefit shall be paid at or prior to the time of issuance of the connection permit:
a. Each single-family dwelling unit: The charge set forth in the Master Resolution Establishing Fees and Charges for Various Municipal Services, except as provided in subsection c below;
b. Each multiple dwelling structure, or multiple lodging structure, or the premises of any commercial, institutional or industrial owner: An amount as set forth in the Master Resolution Establishing Fees and Charges for Various Municipal Services by multiplying the lot frontage of the premises in feet by the amount set forth in the Master Resolution Establishing Fees and Charges for Various Municipal Services, except that for any premises less than 100 feet in depth, the charge shall be in an amount as set forth in the Master Resolution Establishing Fees and Charges for Various Municipal Services by multiplying the square footage of the premises by the amount set forth in the Master Resolution Establishing Fees and Charges for Various Municipal Services, except as provided in subsection c below, but in no case shall the direct connection benefit charge be less than the amount set forth in the Master Resolution Establishing Fees and Charges for Various Municipal Services;
c. In the case of any premises described under subsection a or b above, or where the premises to be connected have an irregular shape, or where the main sewer was installed by certificate of entitlement or similar procedure, the charge shall be determined by the Director of Public Works using an established method or accepted general practice;
d. For commercial, retail, institutional, industrial, multiple dwelling, and multiple lodging development, the direct connection benefit charges may not be paid until a building permit application is completed and accepted in accordance with the current adopted edition of the Uniform Building Code. For residential development, the direct connection benefit charges may not be paid until the time the parcel map is approved by the city.
(c) Annual sewer service charges. For each premise connected or required by this chapter to be connected to the sewer system, as stipulated in Section 13.05.090, the minimum annual sewer service charge shall be as specified in the table titled, Annual Sewer Service Charges by Occupancy, Exhibit A, attached. An annual sewer service charge based on type of occupancy shall be paid unless said charge is less than the minimum annual sewer service charge, in which case the minimum annual sewer service charge shall be paid. Service charges for commercial owners, institutional owners, industrial owners, and any other users that do not fall under residential owner category, are based on that percentage of water used at the premises, which, as estimated by the Director of Public Works, will be discharged to the sewer as effluent. Additional charges based on the quality of the effluent may also apply.
|
Charge Classification |
Charge |
|||
|---|---|---|---|---|
|
FY 2019-20 |
FY 2020-21 |
FY 2021-22 |
FY 2022-23 |
|
|
Residential Owners |
||||
|
Minimum rate for any premises |
$637.00 |
$682.00 |
$727.00 |
$772.00 |
|
Each single-family dwelling unit |
$637.00 |
$682.00 |
$727.00 |
$772.00 |
|
Each dwelling unit in a multiple dwelling structure |
$637.00 per unit |
$682.00 per unit |
$727.00 per unit |
$772.00 per unit |
|
Mobile home park |
$637.00 per space |
$682.00 per space |
$727.00 per space |
$772.00 per space |
|
Commercial Owners – Charge based upon quantity of water used in cubic feet: |
||||
|
Minimum rate for any premises |
$637.00 |
$682.00 |
$727.00 |
$772.00 |
|
Bowling alleys |
$5.63/100 cu. ft. |
$6.03/100 cu. ft. |
$6.43/100 cu. ft. |
$6.83/100 cu. ft. |
|
Car washes |
$5.63/100 cu. ft. |
$6.03/100 cu. ft. |
$6.43/100 cu. ft. |
$6.83/100 cu. ft. |
|
Health studios and gymnasiums |
$5.63/100 cu. ft. |
$6.03/100 cu. ft. |
$6.43/100 cu. ft. |
$6.83/100 cu. ft. |
|
Hospitals – convalescent |
$5.63/100 cu. ft. |
$6.03/100 cu. ft. |
$6.43/100 cu. ft. |
$6.83/100 cu. ft. |
|
Multiple unit lodging (hotels, motels and rooming houses) |
$5.63/100 cu. ft. |
$6.03/100 cu. ft. |
$6.43/100 cu. ft. |
$6.83/100 cu. ft. |
|
Laundromats and laundries |
$5.63/100 cu. ft. |
$6.03/100 cu. ft. |
$6.43/100 cu. ft. |
$6.83/100 cu. ft. |
|
Restaurants |
$11.20/100 cu. ft. |
$11.99/100 cu. ft. |
$12.78/100 cu. ft. |
$13.57/100 cu. ft. |
|
Restaurants with pretreatment facilities approved annually |
$6.37/100 cu. ft. |
$6.82/100 cu. ft. |
$7.27/100 cu. ft. |
$7.72/100 cu. ft. |
|
Bakeries |
Determined individually |
Determined individually |
Determined individually |
Determined individually |
|
All others |
$6.37/100 cu. ft. |
$6.82/100 cu. ft. |
$7.27/100 cu. ft. |
$7.72/100 cu. ft. |
|
Institutional Owners |
||||
|
Minimum rate for any premises |
$637.00 |
$682.00 |
$727.00 |
$772.00 |
|
As defined in Section 13.05.010, except for convalescent hospitals |
$6.37/100 cu. ft. |
$6.82/100 cu. ft. |
$7.27/100 cu. ft. |
$7.72/100 cu. ft. |
|
Industrial Owners – Charge based upon quantity of water used and quality of effluent: |
||||
|
Minimum rate for any premises |
$637.00 |
$682.00 |
$727.00 |
$772.00 |
|
Flow/million gallons |
$4,942.00 |
$5,291.00 |
$5,640.00 |
$5,990.00 |
|
Biochemical oxygen demand (BOD) per 1,000 pounds |
$1,161.00 |
$1,243.00 |
$1,325.00 |
$1,407.00 |
|
Suspended solid (SS) per 1,000 pounds |
$989.00 |
$1,059.00 |
$1,129.00 |
$1,198.00 |
(d) Vacant premises. If any premises shall become vacant, the applicable minimum annual service charge shall continue to be charged.
(e) Free service. No facilities or services of the sewer system shall be furnished to any premises or to any owner or other person free of charge, except the city.
(f) Changes to rates and charges. The Council reserves the right to change all or any rates and charges by ordinance amending this article from time to time as shall be found necessary, or by resolution amending the Master Resolution Establishing Fees and Charges for Various Municipal Services.
(g) Shared connections. Separate premises under single control or management shall be furnished the facilities and services of the sewer system through separate individual sewer connections unless the Director of Public Works elects otherwise. If written permission is received from the Director of Public Works, separate houses or buildings on the same lot, or on adjoining lots, under a single control or management, shall be furnished said facilities and services, at the option of the owner exercising such control or management, by either of the following methods:
(1) Through separate service connections to each such house or building; or
(2) Through a single sewer connection to supply all such houses and buildings, in which case one connection charge and one annual service charge shall be applied for each house or building.
(Code 1965, § 5202; Code 2002, § 110-32. Ord. No. 523; Ord. No. 600; Ord. No. 785; Ord. No. 814; Ord. No. 818; Ord. No. 895; Ord. No. 977; Ord. No. 1077; Ord. No. 1109; Ord. No. 1172; Ord. No. 1247; Ord. No. 1252; Ord. No. 84-13; Ord. No. 85-21; Ord. No. 87-23; Ord. No. 88-16; Ord. No. 90-13; Ord. No. 92-8; Ord. No. 94-3; Ord. No. 98-6; Ord. No. 01-10; Ord. No. 02-2, § 1 (Att. A); Ord. No. 03-3 (Exh. A); Ord. No. 05-4 (Exh. A); Ord. No. 07-3 (Exh. A); Ord. No. 09-2; Ord. No. 11-2; Ord. No. 13-4; Ord. No. 15-4; Ord. No. 19-3, § 2)
13.05.030 Surcharge for connection to Clayton Valley Stage II sewer trunkline.
The area benefitted by the Clayton Valley Stage II trunk sewer is that area delineated on the map entitled “Clayton Valley Stage II Trunk Sewer Area Boundary,” dated November 27, 1978, a copy of which is on file with the City Clerk. The applicant for a sewer connection permit for property located in the area described in the map entitled “Clayton Valley Stage II Trunk Sewer Area Boundary” shall pay, over and above all other sewer fees and charges, an amount as set forth in the Master Resolution Establishing Fees and Charges for Various Municipal Services per single-family dwelling unit; multiple units and commercial units shall be increased in the same manner and ratio as connection fees described in section 13.05.020(b)(3) of this Code.
(Code 1965, § 5202.1; Code 2002, § 110-33. Ord. No. 1067; Ord. No. 1142; Ord. No. 94-3; Ord. No. 01-10)
13.05.040 Billing; payment of bills; delinquency.
(a) (1) All annual sewer service charges shall be billed at the time and in the manner prescribed for the annual collection of secured property taxes, except those properties not on the secured property tax roll, or those premises that have separate contractual service agreements with the city, in which case they will be billed directly by the city. Penalty provisions applicable to delinquent secured property taxes, in effect at the time the bill becomes due and payable, will apply to the annual sewer service charges.
(2) Opening bills shall be paid prior to connection, and closing bills where service is discontinued will be due and payable on date of presentation. The bill shall state its purpose (sewer service) and give the name and last known address of the owner and parcel number of property to which the bill applies. The total charge for sewer service shall be billed to the nearest even penny of the actual charge.
(b) Opening bills, closing bills, bills rendered for periods of less than a full year, and other bills requiring proration will be computed in accordance with the applicable schedule, but the amount of the fixed charge or minimum charge specified therein will be prorated on the basis of the number of months in the period. Should the total period of service be less than one month, no proration will be made and no bill shall be for less than 1/12 of the specified annual fixed charge or minimum charge.
(c) Penalties, delinquency dates, and due dates shall be the same as those established for tax bills emanating from the county, except that where the city makes collection direct, delinquency dates for opening and closing bills shall be 30 days from the due date as established in subsection (a) of this section.
(Code 1965, § 5203; Code 2002, § 110-34. Ord. No. 971; Ord. No. 17; Ord. No. 523)
13.05.050 Person responsible for payment of charges.
All sewer charges shall be billed to the owner of the premises served or to the owner of any other premises on the date on which such premises are required hereby to connect to the sewer system.
(Code 1965, § 5204; Code 2002, § 110-35. Ord. No. 17; Ord. No. 523)
13.05.060 Notices.
(a) Notices from city. Notices from the city to any person will be given, in writing, either delivered to the person or mailed to his last known address, except that where conditions warrant or in any emergency, the city may give verbal notice by telephone or in person.
(b) Notices to city. Notices from any person to the city may be given by such person, or his authorized representative, verbally or in writing, at the office of the Director of Public Works or to the Director of Finance, or may be sent by mail to the Director of Public Works.
(Code 1965, § 5205; Code 2002, § 110-36. Ord. No. 523; Ord. No. 17; Ord. No. 687; Ord. No. 818)
13.05.070 Enforcement; collection of charges; lien for unpaid charges.
(a) The city may refuse to furnish sewer service and may discontinue all services to any premises where apparatus, appliances, or equipment using water is found by the Director of Public Works to be dangerous or unsafe, or where the use of water on such premises is found by the Director of Public Works to be detrimental or injurious to the sewer service furnished by the city to other premises, or where the Director of Public Works finds that negligent or wasteful use of water exists on any premises which affects the city’s sewer service. The city shall have the right to refuse or discontinue sewer service to any premises if necessary to protect itself against fraud or abuse.
(b) The Director of Public Works is hereby charged with the enforcement of all of the provisions of this article, except that the Director of Finance shall handle all billings and collections.
(c) In the event of violation (other than nonpayment of sewer service charges) of any provisions of this article, the Director of Public Works may disconnect any premises from the sewer system after first notifying, in writing, the person causing, allowing, or committing such violation, specifying the violation and, if applicable, the time after which (upon the failure of such person to prevent or rectify the violation) the Director of Public Works will exercise his authority to disconnect the premises from the sewer system; provided that such time shall not be less than five days after the deposit of such notice in the United States Post Office at Concord, Contra Costa County, California, addressed to the person to whom notice is given; provided, however, that in the event such violation results in a public hazard or menace, then the Director of Public Works may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable value of the things done and the amounts expended in so doing shall be a charge upon the person so in violation.
(d) Upon failure of the owner of any premises to pay any sewer service charges prior to delinquency, or if the owner or occupant of any premises shall violate any other provision of this article, any one or more of the following actions authorized by this subsection may, or where required shall, be taken by the city or the Director of Public Works to enforce such payment:
(1) In each case where all or any part of a bill becomes delinquent, penalty rates applicable to delinquent secured property taxes as established by the county shall also apply to delinquent sewer service charges;
(2) In each case where any bill for sewer service remains unpaid after such bill becomes delinquent, and in each case where a violation of any other provisions of this article shall continue for a period of 60 days, the Director of Public Works shall also disconnect the premises from the sewer system, subject to the provisions of subsection (c) of this section. Whenever premises have been disconnected from the sewer system for nonpayment of sewer service charges, such premises shall not be reconnected to the sewer system until all delinquent charges and penalties have been paid and until a connection permit shall have been obtained and until such of the following charges as are applicable shall have been paid: a sewer disconnection fee equal to the actual cost to the city of such disconnection, and a sewer reconnection fee equal to the actual cost to the city of such reconnection, and until the owner and/or occupant of such premises shall otherwise have complied with this article;
(3) In each case where premises are disconnected from the sewer system, the Council will cause the city to take, or to request, any authorized public officer to take such steps as may be legally taken to abate such premises and to prohibit occupancy of such premises until they shall be reconnected to the sewer system;
(4) In each case where charges provided for in this article are delinquent at least every six months, the actions provided for in subsection (f) of this section shall be taken.
(e) The city hereby declares that all charges provided for in this article that are delinquent, together with all penalties thereon, constitute a lien upon the real property served by the sewer system (except that no such lien shall be created against any property owned by a public corporation) and that such lien shall continue until the delinquent charges and all penalties thereon are fully paid or such real property sold therefor. Each such lien shall have the force, effect, priority, and duration as provided by law, and any real property subject to any such lien may be discharged therefrom, and each such lien shall be enforced, as provided by law.
(f) (1) Prior to recording a lien upon the real property served by the sewer system, the Director of Finance shall cause a notice to be mailed to the owner(s) of the property as shown on the latest equalized assessment roll or other record which shows the current owner(s) of the property. The notice shall state that the City Council will consider a resolution to place the lien upon the real property for failure of the owner(s) to pay any sewer charges, connection charges, and any penalty or delinquency charges attaching thereto.
(2) The owner(s) shall be given the opportunity to be heard in the matter at the time and place stated in the notice.
(3) At the close of the hearing, the City Council may adopt the resolution as presented, adopt the resolution with modifications, or decline to adopt the resolution.
(4) If the resolution is adopted as presented or modified, the City Council shall cause the lien to be recorded as a special assessment to be collected in the same manner and at the same time as ordinary municipal taxes are collected.
(g) The city, the Council, and all proper city officers, agents, or employees shall promptly, efficiently, and economically take all steps, actions, or remedies necessary for the collection of charges and penalties thereon as provided in this article (including the enforcement of the lien of said charges and penalties) which are now or may hereafter be provided for in the law. Said remedies for collecting and enforcing said charges set forth in the law are cumulative and may be pursued alternately, or any thereof may be used consecutively when the Council so determines, except that in any event said list of delinquent charges shall be recorded as provided in subsection (e) of this section. If any one remedy provided for in this article or in the law is held to be invalid, all valid remedies shall remain in effect.
(Code 1965, § 5206; Code 2002, § 110-37. Ord. No. 523; Ord. No. 818; Ord. No. 17; Ord. No. 687; Ord. No. 971)
13.05.080 Effective date of charges.
All connection charges shall become effective on the effective date of this article and shall be paid in the amounts and at the times provided in section 13.05.020. Sewer service charges shall become effective as to any premises first connected to the sewer system on the date on which connection is made to the sewer system or on the 60th day after the date that connection could have been made to the sewer system as provided in section 13.05.090 hereof.
(Code 1965, § 5207; Code 2002, § 110-38. Ord. No. 17; Ord. No. 523)
13.05.090 Connection to sewer system required; permit for discharge of industrial waste.
(a) Connection to sewer system required.
(1) No owner or occupant of any premises within the city on which sewage is produced and on which premises the nearest building outlet of the plumbing system is located within a 200-foot radius of an existing sewer main to which a connection can be made shall use any means of sewage disposal other than through the sewer system. The owner of any premises so located and upon or in which any sewage is produced shall be required to connect said premises to the sewer system within 60 days from the date when a main sewer located within the distance specified above is completed and available for connection to said premises. There shall be a separate connection to the sewer system for each building or structure served, except for accessory dwelling units established through the: conversion of existing living area or garage of a single-family dwelling, conversion of an existing legal accessory building into an accessory dwelling unit (that is connected to the existing single-family unit), and newly constructed accessory dwelling units attached to a detached single-family dwelling, which may be connected to the main sewer line or the single-family dwelling. (Information regarding what constitutes an accessory dwelling unit, conversion, and existing legal accessory building is included in Section 18.200.180, Accessory dwelling units.) The Council hereby declares that further maintenance or use of cesspools, septic systems, or other local means of sewage disposal on any premises so located shall constitute a public nuisance and may invoke any legal means to abate the same. Connection requirements for any premises located in the county but which can potentially be served by the city’s sewer system fall under the jurisdiction of the county Environmental Health Department as outlined in the county ordinance, title 4, division 420.
(2) Notwithstanding the foregoing, no owner or occupant shall be required to connect premises to the sewer system as long as the premises are currently being served by a functioning septic system which, in the opinion of the Director of Public Works, adequately serves the premises. In such cases, the Director of Public Works may approve the deferral of the connection until such time as it is determined that the septic system no longer adequately serves the premises or cannot serve the premises without major repairs. In all cases, for premises in the city the annual sewer service charges will be applicable. Remodeling of existing premises served by a septic system may be allowed if no septic system improvements are required to serve such modifications.
(b) Permit for discharge of industrial waste.
(1) No owner or occupant of any premises within the city on which industrial waste is produced shall discharge industrial waste into the sewer system without first obtaining a special discharge permit from the Director of Public Works or the District for such connection. No such owner or occupant of any such premises shall use any means of industrial waste disposal other than through the sewer system.
(2) The issuance of permits pursuant to this subsection shall be conditioned upon the installation by the applicant of such protective devices as shall be determined by the Director of Public Works or the District as provided in Section 13.05.120.
(Code 1965, § 5208; Code 2002, § 110-39. Ord. No. 523; Ord. No. 818; Ord. No. 85-41; Ord. No. 94-3; Ord. No. 17-2, § 2 (Exh. O))
13.05.100 Connections generally; connection permit; maintenance of connections and equipment; reimbursement for costs of extension.
(a) No person shall connect any premises, or cause any premises to be connected, to the sewer system without first: (1) obtaining a connection permit from the Director of Public Works, and (2) paying the applicable charges, if any, for such connection, as provided for in section 13.05.020.
(b) Each applicant for a connection permit may be required to sign, on a form provided by the Director of Public Works, a permit which shall set forth:
(1) Date and place of application;
(2) Location of premises to be served;
(3) Whether the premises have been heretofore supplied with sewer service by the city;
(4) Purpose for which service is to be used;
(5) Address to which bills are to be mailed or delivered;
(6) Such other information as the Director of Public Works may reasonably require.
(c) Whenever any material change is made in the size, character, or extent of the utilizing equipment or operations for which the city is supplying sewer service, the owner shall be responsible for giving and shall immediately give the Director of Public Works written notice of the extent and nature of the change.
(d) Failure by any person to obtain a permit, containing the information required by this article, shall constitute a violation of this article. No permit shall be conclusive as to the matters therein set forth nor shall the obtaining of any permit preclude the city from collecting, from the owner responsible for payment (as provided in this article), by appropriate action, such sum as is actually due and payable for sewer service under the provisions of this article. Each permit shall be subject to verification by the Director of Public Works.
(e) The city may require a written contract with any person as a condition precedent to sewer service in any case where unusual quantities of water or construction of special facilities are or will be required.
(f) If the construction of any sewer extension is otherwise than by means of assessment district proceedings and the Director of Public Works finds that such sewer extension, when so constructed, will potentially serve any property of any person other than the person paying the cost of construction thereof, then partial reimbursement of the cost of such construction may be effected as follows:
(1) Any person proposing to construct such sewer extension shall apply, in writing, to the Director of Public Works prior to commencement of construction for a certificate of entitlement to reimbursement. If the Director of Public Works finds that such sewer extension may reasonably be expected to benefit the property of any person other than the person proposing to construct such sewer extension, the Director of Public Works shall recommend, in writing, to the City Manager, that a certificate of entitlement to reimbursement be granted to the applicant. If the City Manager concurs in the Director of Public Works’ recommendation, he shall, in writing, declare that such applicant is entitled to partial reimbursement of his construction costs and shall authorize the issuance, to such applicant, of a certificate of entitlement to reimbursement in compliance with this subsection (f);
(2) Thereafter: (1) partial reimbursement of direct connection benefit charges paid, as provided for in section 13.05.020(b)(8), shall be made by payment to such applicant of such funds as are thereafter paid to the city for direct connection of such sewer extension and until such date as the certificate of entitlement (less credits made for connections by such applicant or his successors in interest) is fully reimbursed, or until thirty (30) years have elapsed from the date of completion of construction of such sewer extension, whichever date is earlier; and (2) partial reimbursement for main trunk sewer extension benefits shall be made by payment, as determined by the Director of Public Works using an established method, or accepted general practice, to such applicant until such date as the cost of such main trunk sewer extension (less credits made for connections by such applicant or his successors in interest) is fully reimbursed, or until thirty (30) years have elapsed from the date of completion of construction of such main trunk sewer extension, whichever date is earlier;
(3) In each such case, the cost of such sewer extension shall be determined by the Director of Public Works after submission to him of an itemized statement of all of the costs of construction thereof and payment of an administrative set up fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. In the event of disagreement between the Director of Public Works and the applicant, the applicant may appeal to the Council as provided in section 13.05.150;
(4) In any case where the applicant for a certificate of entitlement to reimbursement is other than an individual, the Council reserves the right to require that a payee be named in such certificate to act for and on behalf of all persons interested in the reimbursement.
(g) All sewer connections, sewer extensions, and installations paid for by applicants (excepting property sewers) and all facilities furnished by the city, whether located wholly or partially on public or private property, shall, upon acceptance by the city, be and remain the property of the city, which shall have the right to repair, replace, and maintain the same and the right to remove the same upon discontinuance of service. The Director of Public Works, or other duly authorized agent of the city, shall have, at all reasonable times, the right of ingress to, and egress from, any premises for any purpose properly relating to the furnishing of sewer service to such premises or for the purpose of determining whether or not any violation of this article is occurring on such premises.
(h) Existing unused lateral sewers must meet city standards prior to connection.
(i) The city will not be responsible for the installation or maintenance of any sewer lines beyond the end of its service.
(j) The city will not be responsible for any loss or damage caused by a negligent or unlawful act of any person in installing, maintaining, supplying, or using any appliance, facilities, or equipment for which sewer service is furnished by the city.
(k) Each owner shall keep his property sewer in good order at his own expense and shall be held responsible for damage to any of the city’s sewer system which results from use or operation of any appliances or facilities, including, without limiting the generality of the foregoing, damage caused by steam, hot water, or chemicals.
(l) It shall be a violation of this article for any person to tamper with the sewer system or to place, upon or about any such property, any building material or other substance that prevents free access to the same.
(Code 1965, § 5209; Code 2002, § 110-40. Ord. No. 523; Ord. No. 818; Ord. No. 17; Ord. No. 1172; Ord. No. 1247; Ord. No. 08-5)
13.05.110 Service to premises outside city.
(a) The Director of Public Works may grant, to premises outside the city, a permit to connect to the sewer; but before a permit will be granted to any premises outside the city, the City Manager shall find and determine that:
(1) The applicant is subject to the provisions of section 13.05.100 of this Code;
(2) The applicant must execute an agreement covenanting payment of all charges and compliance with all city ordinances relating to sewers and services, in a form approved by the city;
(3) In passing upon any agreement for sewer service outside the city, the City Manager shall determine that approval of the agreement is in the best interests of the city.
(b) Prior to the issuance of a permit, all fees for connection as set forth in section 13.05.020 of this Code shall be paid. The annual charge for such sewer service shall be the same as for all premises in the city limits, and shall be paid annually in the manner and time prescribed for premises within the city limits.
(Code 1965, § 5210; Code 2002, § 110-41. Ord. No. 657; Ord. No. 17; Ord. No. 818; Ord. No. 1172)
13.05.120 Screening, pretreatment, and measurement of industrial waste; prohibited and restricted discharges.
(a) Administration by sanitary district. The city receives sewage treatment services from the Central Contra Costa Sanitary District (“District”) according to a contract dated September 10, 1974, amended on July 1, 1976, June 11, 1982, and June 6, 1985. Since the operation of the District’s facilities can be affected by sewage deposited into the city sewage treatment system, especially by industrial users, and the District has the personnel and expertise to undertake the administration of industrial discharges, the city hereby delegates to District the authority to administer this section as indicated.
(b) Applicability of District requirements. Domestic sewage may be discharged into the sewer system without screening. All industrial waste shall meet the requirements of Title 10 of the District’s code.
(c) Screening and pretreatment devices. The District may require, either before or after connection of any premises to the sewer system, that the owner or occupant install suitable screening and pretreatment devices on such premises to prepare industrial waste so that the sewer system can adequately treat such waste by the normal treatment processes of the sewer system. The District may also require, at any time, that approved mechanical measuring and recording devices be installed on any premises. All such screening, pretreatment, measuring, and recording devices shall be installed at the sole expense of the owner or occupant of such premises and subject to the approval of the District. The District shall have the right, at any time, to check the operation of any such screening, pretreatment, measuring, or recording device and to read and make records of all readings of any such measuring or recording device. In any case where any such screening or pretreatment device is installed, the owner or occupant of such premises shall, at his own expense, remove and dispose of all waste material retained upon the screens and/or not approved by the District for disposal through the sewer system.
(d) Prohibited and restricted discharges. No person shall discharge, or cause to be discharged, the following substances into the sewer system:
(1) Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the city’s or the District’s facilities or personnel or to the operation of the city’s or the District’s facilities. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. 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, any other substances which the District, the state, or the EPA has notified the user is a fire hazard or a hazard to the system;
(2) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing, or fuel, or lubricating oil, mud, or glass grinding or polishing wastes;
(3) Any wastewater having a pH less than 5.5 or equal to or greater than 11.5, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the city or the District;
(4) Any wastewater containing hazardous pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to human or animal health or safety, create an adverse effect on the waters of the State, or exceed the limitations set forth in a national pretreatment standard;
(5) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair;
(6) Any substance which may cause the treatment plant’s effluent or any other product of the treatment plant, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the District’s facilities cause the plant to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations developed under section 405 of the Federal Water Pollution Control Act, a/k/a Clean Water Act (33 USC 1251 et seq.) on file at the District office;
(7) Any substance which will cause the treatment plant to violate its NPDES permit or the receiving water quality standards;
(8) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;
(9) Any wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the plant which exceeds 40 degrees Celsius (104 degrees Fahrenheit), unless the treatment plant is designed to accommodate such temperature, or with a temperature at the point of discharge to the city’s or the District’s collection system which exceeds 65 degrees Celsius (150 degrees Fahrenheit);
(10) Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the treatment plant. In no case shall a slug load have a flow rate or contain concentrations or qualities of pollutants that exceed, for any time period longer than 15 minutes, more than five times the average 24-hour concentration, quantities, or flow during normal operation;
(11) Any wastewater containing any radioactive wastes or isotopes exceeding any limits set forth in 10CFR20.2003;
(12) Any wastewater which causes a hazard to human life or creates a public nuisance;
(13) Non-wastewater:
a. Any stormwater, groundwater, rain water, street drainage, subsurface drainage, yard drainage, swimming pool or spa water and/or diatomaceous earth filter backwash, unless a specific permit is issued by the District. The District may approve such discharge only when no reasonable alternative is available or such water is determined to constitute a pollution hazard if not discharged to the sewer;
b. If approval is granted for the discharge of such water into the sewer system, the user shall pay the applicable wastewater service charges and fees and meet such other conditions that may be required by the District;
(14) Any unpolluted water, including but not limited to cooling water, process water, or blow-down from cooling towers or evaporative coolers, or any other unpolluted water, without written approval of the District. The District may approve the discharge of such water only when no reasonable alternative method of disposal is available or such alternative, in the determination of the District, is unacceptable;
(15) Any septic tank sludge, holding tank waste, portable toilet waste, grease interceptor waste, or sand oil interceptor waste unless a permit is issued by the District;
(e) Adoption and enforcement of District’s Source Control (Pretreatment) Ordinance and local discharge limits.
(1) Adoption. Pursuant to the provisions of Government Code § 50022.1 et seq., there is hereby adopted, by reference, the provisions of Title 10 of the Central Contra Costa County Sanitary District Code, entitled “Source Control (Pretreatment),” consisting of sections 10.04 through 10.32 inclusive as adopted on October 2, 2008, and the local discharge limits of the Central Contra Costa County Sanitary District which became effective September 1, 2007. The District is authorized to enforce the provisions of Title 10 and the local discharge limits within the city to the same extent that said ordinance and discharge standards are enforced within the District.
(2) Enforcement.
a. Enforcement mechanisms.
1. It is the intent of this enforcement section to provide adequate mechanisms to achieve a maximum degree of compliance with Title 10 of the District’s code by all users. These enforcement provisions apply to all classes of users to the extent such user violates any provision of Title 10 or administrative order of the District pursuant to Title 10. In order to achieve the maximum degree of compliance desired, the District will use a variety of enforcement mechanisms. The enforcement mechanisms set forth range from informal administrative action to formal criminal prosecution. The District may, in its discretion, implement the use of any mechanism or the concurrent use of several mechanisms in order to enforce the provisions of the District’s Source Control (Pretreatment) Ordinance. The enforcement mechanisms provided herein may be cumulative in respect to such other enforcement mechanisms or civil and criminal penalties as may be otherwise available under the laws of the state and the United States of America. Nothing in the District’s Source Control (Pretreatment) Ordinance is intended to prevent state and/or federal regulatory agencies from undertaking enforcement actions as may otherwise be available due to a violation of the District’s Source Control (Pretreatment) Ordinance which also constitutes a violation of federal or state statutes and regulations, such as: (1) the Clean Water Act (33 USCA section 1251 et seq.), (2) the California Porter-Cologne Water Quality Act (Water Code § 13000 et seq.), (3) the California Hazardous Waste Control Law (Health and Safety Code §§ 25100--25250, (4) the Resource and Conservation and Recovery Act (42 USCA section 6901 et seq.), and (5) Government Code §§ 54739--54740.6. The referenced state and federal laws, along with other pertinent laws, provide authority for the District’s enforcement mechanisms.
2. The enforcement mechanisms available to the District for violations of the provisions of the District’s Source Control (Pretreatment) Ordinance, applicable District resolutions and permit or permit contract provisions include the following:
i. Informal administrative action (including notice of violations and warning notices).
ii. Administrative orders.
iii. Institution of sampling and evaluation programs, enforcement compliance schedule agreements, and related administrative orders.
iv. Assessment of charges for obstruction or damage to District facilities or operations.
v. Suspension or termination of services.
vi. Administrative complaints for administrative civil penalties.
vii. Civil action.
viii. Criminal action.
b. Informal administrative actions. District staff may, on an informal basis, take action against a discharger for minor violations or technical or clerical shortcomings of a user or a user’s compliance submittals. These informal administrative actions may include informal notices (i.e., telephone calls to the user’s representative), a notice of violation (NOV), and informal meetings or informal warning letters. These informal administrative actions may establish a compliance schedule for the discharger to follow in order to document compliance. Such action will not prevent a subsequent or concurrent imposition of other enforcement mechanisms.
c. Administrative orders and compliance schedules.
1. When the District finds that a user has violated the prohibitions or requirements of the District’s Source Control (Pretreatment) Ordinance, or the provisions of a wastewater discharge permit or wastewater discharge permit contract, the District may issue an administrative order directed at those users not complying with such prohibitions, limitations, requirements, or provisions to (1) cease to discharge immediately (suspension of service); (2) comply with requirements immediately; or (3) make such changes to their pretreatment facility and procedures immediately as to insure full compliance.
2. At its discretion, the District may later issue, after the issuance of the administrative order set forth above, an additional administrative order containing a compliance schedule or a time schedule setting forth dates by which specific corrective actions must be completed.
d. Sampling and evaluation (S&E) programs.
1. Grounds for instituting S&E programs. In addition to those grounds set forth in section 10.12.060.A.6 of the District’s Source Control (Pretreatment) Ordinance, grounds for instituting an S&E program include compliance sampling or District sampling indicating a significant noncompliance (SNC). The S&E program may consist of District sampling of the discharger’s wastewater at the first opportunity convenient to the District, upon which daily samples may be taken each day for up to five days. The District or outside laboratory will analyze these samples for the violating constituents and provide notice to the discharger in regard to the results of said sampling. Violations which may occur during the S&E program shall constitute subsequent violations under the District’s Source Control (Pretreatment) Ordinance or under any applicable law.
2. S&E program revealing noncompliance. If the S&E program reveals noncompliance by the user with the prohibitions or specific pollutant limitations specified in the District’s Source Control (Pretreatment) ordinance or in the user’s permit or permit contract:
i. The user may be assessed all costs incurred during the S&E program for sampling and analysis, including labor, equipment, materials, outside services, and overhead.
ii. The District may place the user on a compliance schedule or undertake another S&E program. The compliance schedule shall provide for minimum required actions to be undertaken by the discharger to alleviate the violation and a schedule for completion of said actions. The compliance schedule may include interim constituent level maximums. All violations of constituent maximums or other requirements set forth in the compliance schedule, including failure to meet schedule dates, shall constitute violations of the District’s Source Control (Pretreatment) Ordinance and other applicable laws, and each day a discharger fails to meet a schedule date shall constitute a separate violation. Any constituent limit violation during the compliance schedule period shall provide grounds for the institution of an additional S&E program.
iii. The District may amend an existing permit through an enforcement compliance schedule agreement (ESCA). This may be done after consultation with the user when the user has shown good faith in trying to comply but requires additional time for construction and/or acquisition of equipment related to pretreatment. The permit may be amended with the ESCA for a period of up to 180 days; however, this period may be extended for a period not to exceed an additional 180 days upon determination by the General Manager/Chief Engineer of the District that good cause exists for an additional period. No further extensions shall be granted except upon approval of the District Board of Directors.
iv. Any other enforcement mechanism set forth in the District’s Source Control (Pretreatment) Ordinance or other applicable law may be commenced.
3. Continued noncompliance after S&E program or ESCA. If a discharger remains in noncompliance because corrective action is not taken within a reasonable time after completion of an S&E program or the expiration of an ESCA, an administrative order may be issued. Any of the other enforcement mechanisms set forth in the District’s Source Control (Pretreatment) Ordinance or applicable laws may also be commenced.
e. Assessment of charges for obstruction or damage to District facilities or operations. When a user’s discharge, whether due to negligence, accident, spill or otherwise, causes an obstruction, damage, or any other impairment to the District’s operation or facilities, the District may impose a charge on the user for the cost to clean or repair the facility, or costs incurred to resume normal operations. An administrative service fee of 25 percent of the District’s costs may be added to these charges. The total amount shall be paid within 45 days of invoicing by the District. If it can be shown that the user’s discharge caused or significantly contributed to the District violating its discharge requirements or incurring additional expenses or suffering loss or damage to the operation or facilities, the user shall be responsible for any costs or expenses, or a prorated portion of such expenses, including assessments or penalties imposed by other agencies or the court on the District.
f. Suspension or termination of service.
1. Suspension of service.
i. The District may suspend the wastewater treatment service and/or a wastewater discharge permit or wastewater discharge permit contract by issuance of a cease and desist order when the District makes the determination that such suspension is necessary. A suspension shall be justified in order to prevent an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of individuals or the environment, causes or may cause interference to the treatment plan or other District operations, or causes or may cause the District to violate any condition of its NPDES permit. Additionally, a permit may be suspended for any of the conditions set forth justifying revocation of permit or termination of permit contract as set forth in section 10.16.060.B [of the District’s Source Control (Pretreatment) Ordinance]. Nothing in this subsection will limit the rights of the District to suspend or terminate service pursuant to specific permit or permit contract conditions which may be more stringent.
ii. Any industrial user notified of a suspension of service and/or the wastewater discharge permit or wastewater discharge permit contract shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the administrative order, the District shall take such steps as deemed necessary to prevent or minimize damage to the District’s facilities or endangerment to persons or the environment. The District may reinstate the wastewater discharge permit, the wastewater discharge permit contract, and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge.
2. Revocation of permit or termination of permit contract. Any user who violates the following conditions is subject to having its permit revoked or permit contract terminated:
i. Any user who knowingly gives or provides a false statement, representation, record, report, plan or other document to the District or falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under the District’s Source Control (Pretreatment) Ordinance;
ii. Failure of a user to factually and completely report the wastewater constituents and characteristics of its discharge;
iii. Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
iv. Refusal or reasonable access to the user’s premises for the purpose of inspection or monitoring;
v. Failure of a user to notify the District immediately of an accidental discharge and/or take appropriate corrective action to prevent a reoccurrence;
vi. Failure of a user to file a periodic compliance report or periodic compliance report in such time and in such manner as is required by the District’s Source Control (Pretreatment) Ordinance;
vii. Significant violation(s) of the permit contract requirements or conditions and/or any violation of the discharge standards where a constituent concentration is determined to be five times the concentration standards set forth in the District’s Source Control (Pretreatment) Ordinance or any series of three or more violations of the same constituent within a one-year period, shall constitute a significant violation;
viii. Failure to pay fees and charges or penalties established pursuant to the District’s Source Control (Pretreatment) Ordinance.
3. Immediate termination of discharge. In the case of an actual or threatened discharge which reasonably appears to present an imminent danger to the health or welfare of person, the District may, after reasonably attempting to informally notify the user, take all necessary steps to halt or prevent such discharge, including, but not limited to, plugging or physically disconnecting the user’s access to the District wastewater system.
g. Administrative civil penalties.
1. Pursuant to the authority of Government Code §§ 54739--54740.6, the District or District staff may issue administrative complaints, conduct administrative hearings, and/or impose civil penalties in accordance with the procedures set forth in these sections for violation of the District’s requirements relating to pretreatment of industrial waste or the prevention of the entry of industrial waste into the District’s collection system or treatment works.
2. These penalties shall be as follows:
i. In an amount which shall not exceed $2,000.00 for each day for failing or refusing to furnish technical or monitoring reports.
ii. In an amount which shall not exceed $3,000.00 for each day for failing or refusing to timely comply with any compliance schedule established by the District.
iii. In an amount which shall not exceed $5,000.00 per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the District.
iv. In an amount which does not exceed $10.00 per gallon for discharges in violation of any suspension, cease and desist order, or other orders, or prohibition issued, reissued, or adopted by the District.
3. Unless appealed, orders setting administrative civil penalties shall become effective and final upon issuance thereof, and payment shall be made within 30 days.
4. As to court actions authorized by the above-referenced sections, District counsel, or other special counsel designated by the District Board, shall institute appropriate actions to effect statutorily authorized remedies, upon order of the District Board.
h. Civil action. The District Board may direct District counsel or other special counsel to bring such civil actions as may be available at law or in equity in any court of competent jurisdiction to enforce the provisions of the District’s Source Control (Pretreatment) Ordinance and to recover such charges, fees, penalties, and/or damages as may be assessed or may be incurred under the provisions of the District’s Source Control (Pretreatment) Ordinance.
1. Injunction. Whenever a discharge of wastewater is in violation of the provisions of the District’s Source Control (Pretreatment) Ordinance, the District may petition the Superior Court for issuance of a preliminary or permanent injunction, or both, as may be appropriate in restraining the continuance of such discharge.
2. Civil actions for penalties. Any user who violates any provision of the District’s Source Control (Pretreatment) Ordinance, permit condition or permit contract condition, or who violates any cease and desist order, prohibition or effluent limitation, shall be liable civilly for a penalty not to exceed $25,000.00 for each day in which such violation occurs pursuant to Government Code § 54740. Pursuant to the authority of the Clean Water Act, 33 USCA § 1251 et seq., any user committing a violation of any provision of the District’s Source Control (Pretreatment) Ordinance, which is also a violation of a pretreatment standard, effluent standard or limitation, or other applicable provision of the Clean Water Act, shall be liable civilly for sum not to exceed $25,000.00 per violation for each day in which such violation occurs. District counsel, or other special counsel designated by the Board, upon order of the District Board, shall institute such actions as may be appropriate in the appropriate court to impose, assess, and recover sums.
i. Criminal action.
1. General criminal penalties. Any person who violates any provision of the District’s Source Control (Pretreatment) Ordinance, permit, or permit contract, or who violates any administrative order, prohibition or effluent limitation, is guilty of a misdemeanor, and upon conviction is punishable by a fine not to exceed $1,000.00 or imprisonment for not more than 30 days in the county jail, or both. Each day a violation occurs may constitute a new and separate offense and may subject the violator to an additional full measure of penalties as set forth herein.
2. Falsifying information.
i. Any person who knowingly makes any false statements, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to the District’s Source Control (Pretreatment) Ordinance, or wastewater discharge permit, or wastewater discharge permit contract, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under the District’s Source Control (Pretreatment) Ordinance, shall upon conviction be punished by a fine of not more than $1,000.00 or imprisonment for not more than 30 days, or both. Each separate act of falsification, tampering, or knowingly rendering inaccurate shall constitute a new and separate offense and shall be subject to the penalties contained herein.
ii. Nothing in this section is intended to exclude the potential for prosecution under the applicable perjury statutes of the state to the extent such falsification was incorporated in a document signed under penalty of perjury.
j. Notification procedures.
1. Notification to user. Whenever the District finds that any user has violated or is violating the provisions of the District’s Source Control (Pretreatment) Ordinance, a wastewater discharge permit, a wastewater discharge permit contract, or any prohibition, limitation or requirements contained herein, the District may serve upon such a person a written notice stating the nature of the violation. Within 30 days of the date of this notice, a plan for the satisfactory correction of the violation shall be submitted to the District by the user.
2. Notification to District. When a user discovers that it has violated or is violating a provision of the ordinance, its wastewater discharge permit, its wastewater discharge permit contract or any prohibition, limitation, or requirement contained herein, including a violation as may be caused by the accidental discharge or spill, the user shall immediately notify the District upon discovery of such violation. Thereafter, within five days following the accidental discharge or discovery of a violation, the user shall submit to the District a detailed written report, describing the accidental discharge or violation, and the measures taken by the user to prevent similar future occurrences. This written report regarding the violation may be included as part of a periodic compliance report or other report as may be required under the District’s Source Control (Pretreatment) Ordinance, as long as the written report is provided within the five days of discovery, which notification shall not relieve the user of any expense, penalty, fee, or other liability which may be incurred as a result of the violation.
k. Costs. All costs associated with the District’s undertaking of enforcement actions pursuant to the District’s Source Control (Pretreatment) Ordinance, including attorney’s fees or civil actions undertaken, shall be paid by the user. These costs may include, but not be limited to, the costs for termination of service, reinstitution of service, compliance sampling and analysis and administrative activities undertaken by the District. However, if the user prevails in an appeal to the Board of Directors or a civil action taken to nullify an enforcement action pursued by the District under the District’s Source Control (Pretreatment) Ordinance, the user shall not be responsible for the costs incurred by the District in pursuing said enforcement action.
l. Responding to significant noncompliance. Any violation of pretreatment standards or requirements (limits, sampling, analysis, reporting and meeting compliance schedules, and regulatory deadlines) is an instance of noncompliance for which the industrial user is liable for enforcement including penalties. However, the District is required to identify violations or patterns of violations by industrial users that are deemed to be instances of significant noncompliance (SNC). To the extent that a violation or pattern of violations is determined to be SNC, the District shall give additional priority to enforcement actions with regard to that industrial user. Additionally, the determination of significant noncompliance shall be used as the basis for reporting same to the regulatory authorities and publishing the list of significant noncompliers as is required of the District by law. For purposes of this provision, a Significant Industrial User (or any Industrial User that violates sections 10.16.0110 A. 3 or 4, or 10.16.0110 E.) is in significant noncompliance if its violation meets one or more of the following criteria:
1. Violations of wastewater discharge limits.
i. Chronic violations. Violations in which 66 percent or more of all the measurements taken for the same pollutant parameter during a 6 month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(l).
ii. Technical review criteria violations. Violations in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a 6-month period equal or exceed the product of the numeric Pretreatment Standard or Requirement including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).
iii. Other effluent limit violations. Any other violation of a Pretreatment Standard or Requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the District determines has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass-through (including adverse effect on any toxicity testing); or endangered the health of the sewage treatment personnel or the public.
iv. Danger to human health or welfare. This category also includes any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the publicly owned treatment works’ (POTW) exercise of its emergency authority to halt or prevent such a discharge.
2. Violation of compliance milestones. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a District permit or administrative order for starting construction, completing construction, or attaining final compliance.
3. Failure to provide proper data. Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
4. Failure to accurately report. Failure of a user to accurately and promptly report any noncompliance. Any attempt to circumvent the reporting requirements or otherwise withhold noncompliance data from the District shall be subject to SNC status.
5. Other violations. Any other violation or group of violations, which may include a violation of Best Management Practices, that the District determines may adversely affect its operations or the accomplishment of the objectives of this Ordinance.
(Code 1965, § 5211; Code 2002, § 110-42. Ord. No. 523; Ord. No. 87-5; Ord. No. 10-5; Ord. No. 818; Ord. No. 92-26; Ord. No. 17; Ord. No. 91-17; Ord. No. 09-2)
13.05.130 Duties of Director of Public Works and Director of Finance.
(a) It shall be the duty of the Director of Public Works to supervise all connections to the sewer system and to enforce all provisions of this article except to the extent this authority has been delegated to District in accordance with section 13.05.120 and excepting the duties related to the billing and collection of charges and fees and disposition of revenues hereunder. All quantities of domestic sewage and industrial waste shall be determined by the Director of Public Works and shall be based upon the respective percentages of domestic sewage, industrial waste, water, and/or solids actually discharged into the sewer system, except to the extent this authority has been delegated to District in accordance with section 13.05.120. Any owner or occupant of any premises who disagrees with any quantity determination made by the Director of Public Works and/or the District may, at his own expense, install measuring devices which are approved by the Director of Public Works.
(b) The Director of Finance shall keep an accurate accounting and records showing the source, amount, and disposition of all funds collected and received by city in accordance with this article. All funds collected by the Director of Finance shall be deposited with the Treasurer in accordance with this article.
(c) The District is authorized to impose and collect fees necessary to carry out its function as set forth in this article. The District shall be responsible for justifying any fee it charges as may be required by federal or state law or regulation. The District shall keep an accurate accounting and records showing the source, amount, and disposition of all funds collected and received by it in accordance with this article.
(d) The city shall cause to be issued, and shall maintain in good standing, a surety bond conditioned upon the full and prompt deposit of revenues by the Director of Finance with the Treasurer.
(Code 1965, § 5212; Code 2002, § 110-43. Ord. No. 523; Ord. No. 818; Ord. No. 87-5; Ord. No. 17; Ord. No. 687; Ord. No. 971)
13.05.140 Disposition of revenue.
All revenues received by the Treasurer from the Director of Finance under this article, excepting all reimbursable connection charges herein provided for, shall be deposited in the same manner prescribed for all other city revenues.
(Code 1965, § 5213; Code 2002, § 110-44. Ord. No. 17; Ord. No. 523; Ord. No. 818; Ord. No. 87-5)
13.05.150 Appeal.
(a) Any person dissatisfied with any determination made hereunder by the Director of Public Works may appeal, to the City Council, in accordance with section 2.05.050 of this Code. The Council may, at any time, upon its own motion, review any determination made by the Director of Public Works. In the event of any appeal or review, the Director of Public Works shall transmit, to the City Council, a report upon the matter appealed or reviewed.
(b) Pending decision upon any appeal relative to the amount of any charge hereunder, the person making such appeal shall pay such charge. After the appeal is heard, the Council shall order refunded, to the persons making such appeal, such amount, if any, as the Council shall determine should be refunded.
(Code 1965, § 5214; Code 2002, § 110-45. Ord. No. 845; Ord. No. 17; Ord. No. 523)
13.05.160 Severability.
If any provision of this article, or the application thereof to any person or circumstance, is held invalid, no other provision of this article shall be affected thereby.
(Code 1965, § 5215; Code 2002, § 110-46. Ord. No. 523)
13.05.170 Effective date.
This article shall become effective on February 9, 1961.
(Code 1965, § 5216; Code 2002, § 110-47. Ord. No. 523)