Chapter 13.34
ADMINISTRATION
Sections:
13.34.010 Purpose of title – Generally.
13.34.020 Outside service area agreements.
13.34.038 Permissible discharges.
13.34.040 User classifications.
13.34.045 Violations unlawful.
13.34.046 Violation – Penalty.
13.34.050 Ministerial permit issuance.
13.34.000 Short title.
The ordinance codified in Chapters 13.34 through 13.38 shall be known as the “sewer use ordinance.” (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 1(part), 2009).
13.34.010 Purpose of title – Generally.
The purpose of the ordinance codified in Chapters 13.34 through 13.38 is to revise and consolidate prior ordinances governing the construction and use of the city sewage collection and treatment works to avoid misuse and to comply with applicable state and federal requirements.
Chapters 13.34 through 13.38 include provisions for control of sewer construction, source control of toxic substances and the monitoring and control of the quality and quantity of industrial wastes. They require charges for connection to and use of the sewerage system including both the city collection sewers and the subregional interception, treatment, disposal, and reclamation system, and include provisions for enforcement and penalties for violation. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 1(part), 2009).
13.34.020 Outside service area agreements.
A. No premises shall be connected to the sewage facilities of the city unless the premises have been annexed to the city or the conditions specified in subsection B of this section have been satisfied. No premises shall be required to connect to such sewage facilities unless and until the premises have been so annexed.
B. Developed property outside of the city’s jurisdictional boundaries but within the city’s sphere of influence may be connected to the sewage facilities of the city provided all of the following conditions are satisfied:
1. There is an existing or potential threat to public health or safety due to a failing septic system, as documented by the Sonoma County health department; and
2. The owner and city have entered into a recordable agreement that runs with the land limiting development to existing levels and setting the terms and conditions under which the property owner will be permitted to connect to the city’s sewerage facilities; and
3. A covenant is recorded against the property prohibiting the current and future property owners from protesting annexation to the city; and
4. The existing use has been determined to be either legal or legally nonconforming by the Sonoma County planning and resource management department; and
5. If required, the extension of city sewage facilities to the property has been approved by the Sonoma County local agency formation commission (LAFCO); and
6. An application for connection to the city sewage facilities has been filed by the property owner and the application has been approved by the city. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 1(part), 2009).
13.34.025 Abbreviations.
For purposes of this title, the following abbreviations shall have the designated meanings:
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AO |
Administrative Order |
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BMP |
Best Management Practices |
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BOD |
Biochemical Oxygen Demand |
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BTEX |
Benzene, Toluene, Ethylbenzene, Xylene |
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C° |
Centigrade |
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CFR |
Code of Federal Regulations |
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CIU |
Categorical Industrial User |
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COD |
Chemical Oxygen Demand |
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EPA |
Environmental Protection Agency |
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ERP |
Enforcement Response Plan |
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F° |
Fahrenheit |
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Gpd |
Gallons per Day |
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MGD |
Million Gallons per Day |
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mg/l |
Milligrams per Liter |
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NOV |
Notice of Violation |
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NPDES |
National Pollutant Discharge Elimination System |
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O&M |
Operations and Maintenance |
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POTW |
Publicly Owned Treatment Works |
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RCRA |
Resource Conservation and Recovery Act |
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SIC |
Standard Industrial Classification |
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SIU |
Significant Industrial User |
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SNC |
Significant Noncompliance |
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SWDA |
Solid Waste Disposal Act |
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TDS |
Total Dissolved Solids |
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TGM |
Thousand Gallons per Month |
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TKN |
Total Kjeldahl Nitrogen |
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TRC |
Technical Review Criteria |
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TSS |
Total Suspended Solids |
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TTO |
Total Toxic Organics |
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UPC |
Uniform Plumbing Code, as adopted by the city of Cotati |
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USC |
United States Code |
(Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 1(part), 2009).
13.34.030 Definitions.
For the purposes of this title, the following words and phrases shall have the meanings respectively ascribed to them in this section:
“Act” means Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq., or as amended, as well as guidelines, limitations, and standards promulgated by the Environmental Protection Agency.
“Administrator” means the appropriate Environmental Protection Agency (EPA) Regional Administrator (San Francisco EPA, Region IX).
“Amalgam separator” means a device that employs filtration, settlement, centrifugation, or ion exchange to remove amalgam and its metal constituents from a dental office vacuum system before it discharges to the sewer.
“Amalgam waste” means and includes noncontact amalgam (amalgam scrap that has not been in contact with the patient); contact amalgam (including, but not limited to, extracted teeth containing amalgam); amalgam sludge captured by chair-side traps, vacuum pump filters, screens, and other amalgam trapping devices; used amalgam capsules; and leaking or unusable amalgam capsules.
“Applicant” means a person or entity making application for a permit and shall be an occupant and/or owner, or an occupant and/or owner’s authorized representative, of the premises to be served by the sewer for which a permit is required.
“Approval authority” means the program director in a National Pollutant Discharge Elimination System (NPDES) state with an approved state pretreatment program.
“Approved POTW pretreatment program” means a program administered by a publicly owned treatment works (POTW) that meets the criteria established in 40 CFR Parts 403.8 and 403.9, or as amended, and which has been approved by the administrator or approval authority in accordance with 40 CFR Part 403.11, or as amended.
“Authorized representative” of the applicant or user means:
1. If the applicant or user is a corporation:
a. The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or
b. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of the making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or action(s) taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. If the applicant or user is a partnership, association, or sole proprietorship: an authorized representative shall mean a general partner or proprietor, respectively.
3. If the applicant or user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
4. The individuals described in subsections (1) through (3) of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the director of utilities.
5. A user not falling within one of the above categories must designate as the authorized representative an individual responsible for the overall operation of the facility.
“Best available technology (BAT)” means the most efficient hardware, fixtures and systems as determined by the director of utilities for reduction of the amount of wastewater volume or pollutants.
“Best management practices (BMP)” means schedules of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce unintended discharges to the sanitary sewer system. BMPs include, but are not limited to, pretreatment requirements, operational procedures and practices, maintenance and repair of equipment, record keeping, containment to prevent spills or leaks, sludge or waste disposal, good housekeeping practices or diversion of water away from raw materials or chemical storage areas.
“Board of public utilities” means the board of public utilities of the city of Santa Rosa.
“BOD” means biochemical oxygen demand as determined by the five-day BOD in accordance with standards set forth in 40 CFR Part 136, or as amended.
“Building” means any structure used or intended for supporting or sheltering any use or occupancy as determined by the director of public works.
“Building sewer” means a sewer on private property serving a specific building or property and maintained by the owner thereof.
“Categorical standards” means national categorical pretreatment standards or pretreatment standard.
“Categorical user” or “categorical industrial user (CIU)” means all industrial users that are subject to categorical pretreatment standards under 40 CFR Part 403.6 or as amended and in any industry as defined in 40 CFR Parts 405 through 599 or as amended.
“City” means the city of Cotati, Sonoma County, California.
“City sewer” or “city sewerage system” means any public sewer located within an easement or public right-of-way which is maintained by the city.
“Color” means the optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.
“Commercial user” means all retail stores, restaurants, office buildings, laundries, and other private business and service establishments, including churches and lodges.
“Compliance schedule” means a detailed time schedule of specific actions which a user is required to take in order to prevent or correct a violation of any prohibitions or limitations prescribed herein or any of the city’s effluent limitations or pretreatment standards promulgated in accordance herewith.
“Composite sample” means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow proportional or time.
“Connected” means a physical joinder of any plumbing or drainage system or fixture contained in any structure to the subregional sewer system.
“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.
“Cooling water” means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat and other minor chemical constituents.
“Cooling water, noncontact” means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
“Customer” means a person who is, or who has agreed to be, responsible for the payment of water or sewer service charges. “Customer” is also synonymous with “account,” against which charges are assessed and billed.
“Director of public works” means the city of Cotati director of public works or duly authorized representative.
“Director of utilities” means the city of Santa Rosa director of utilities or duly authorized representative.
“Discharger” is synonymous with “user.”
“Dissolved solids” means the residue upon evaporation of water after filtration in accordance with standards set forth in 40 CFR Part 136, or as amended, or any other test procedures approved by the administrator. Dissolved solids are also termed total dissolved solids or “TDS.”
“Enforcement response plan (ERP)” means the mechanism for addressing applicable local, state, or federal violations. The ERP shall include a written description of each type of enforcement, when to administer it, and how the monitoring schedule is affected. In conjunction with the written description, there may be an enforcement response plan flow chart which maps out the path through the various levels of enforcement.
“EPA” means the Federal Environmental Protection Agency.
“Existing source” means any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards under Sections 307(b) and (c) of the Act or as amended which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act or as amended.
“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.
“Grab sample” means a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen minutes.
“Holding tank waste” means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
“Improvement” means that which is built or constructed, an edifice of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. For the purpose of this title, this definition shall not include “building” as defined above and temporary on-site storm basins, but shall include the playing area of any nonenclosed sport facility or restricted sport field.
“Indirect discharge” means the introduction of pollutants into a POTW from any nondomestic source regulated under Section 307(b), (c), or (d), or as amended, of the Act.
“Industrial user” means a source of indirect discharge including SIUs and other industry.
“Industrial wastewater” 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 of premises connected to the public sewers.
“Interceptor” means a grease removal device designed to intercept, trap, or otherwise prevent grease, sand, flammable liquids, or other substances potentially harmful to the sewer system from entering.
“Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
1. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use, or disposal; and
2. Therefore is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sludge use or disposal in compliance with statutory provisions, regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Act or as amended; the Solid Waste Disposal Act (SWDA) or as amended, including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) or as amended, and including regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA or as amended; the Clean Air Act or as amended; the Toxic Substances Control Act or as amended, and the Marine Protection, Research and Sanctuaries Act or as amended.
“Local limits” means the technically and/or literature-based limits, expressed either as concentration or as mass, of those pollutants.
“Lot” means any premises, piece or parcel of land or property as bounded, defined or shown upon a map, plat or deed recorded in the office of the county recorder; provided, however, that in the event any building or improvements appurtenant to said building cover more area than a “lot,” as herein defined, the term “lot” shall be deemed to be and include all such pieces or parcels of land upon which said buildings or improvements are wholly or partly located.
“Medical waste” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
“National categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c), or as amended, of the Act, which applies to a specific category of industrial users, and which appears in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.
“Natural outlet” means any outlet into a watercourse, ditch, pond, lake, or other body of surface or groundwater.
“New source” means:
1. Any building, structure, facility, improvement or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c), or as amended, of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:
a. The building, structure, facility, improvement or installation is constructed at a site or on a lot at which no other source is located; or
b. The building, structure, facility, improvement or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c. The production or wastewater generating processes of the building, structure, facility, improvement or installation are substantially independent of an existing source at the same site or lot. The director of utilities shall determine whether the production or wastewater generating processes are substantially independent, taking into account these factors as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source.
2. Construction on a site at which an existing source is located resulting in a modification of said source if the construction does not create a new building, structure, facility, improvement or installation but otherwise alters, replaces, or adds to existing process or production equipment.
3. Construction of a new source as defined under this section has commenced if the applicant, user or customer has:
a. Begun, or caused to begin as part of a continuous on-site construction program:
i. Any placement, assembly, or installation of facilities, improvement or equipment; or
ii. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, improvements or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
b. Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies, do not constitute a contractual obligation under this subsection.
“Nonresidential 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.
“NPDES permit” means National Pollutant Discharge Elimination System permit issued to a POTW pursuant to Section 402 of the Act, or as amended.
“Nuisance” means any condition caused, maintained or permitted to exist which constitutes a threat to public health, safety, and welfare or which is injurious to the senses or which significantly obstructs, injures or interferes with the reasonable or free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth under the California Civil Code.
“Pass through” means any discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW’s NPDES permit or waste discharge requirements, including an increase in the magnitude or duration of a violation.
“Person(s)” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
“pH” means the logarithm of the reciprocal of the hydrogen-ion concentration and indicates the measure of acidity or alkalinity, expressed as standard units (SU).
“Pollutant” includes but is not limited to dredge soil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TDS, TSS, turbidity, color, BOD, COD, toxicity, or odor) as well as any other referenced pollutants in 40 CFR or as amended.
“Pollution” means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects: (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 director of public works to be a single unit for the purposes of receiving, using, and paying for sewerage service.
“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical, or biological processes, process changes or by other means, except as prohibited by 40 CFR Part 403.6(d), or as amended.
“Pretreatment requirements” means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
“Pretreatment standards” or “standards” means discharge standards, categorical pretreatment standards, and local standards and limits.
“Prohibited discharge standards” or “prohibited discharges” means prohibitions against the discharge of certain substances.
“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.
“Publicly owned treatment works (POTW)” means a treatment works as defined by Section 212, or as amended, of the Act, which is owned and/or operated by a state or municipality. This includes any devices and systems used in the collection, storage, treatment, recycling, and reclamation of the municipal sewage or industrial wastewater of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant.
“Regional Water Quality Control Board” means the California Regional Water Quality Control Board, North Coastal Region, which has jurisdiction in Cotati.
“Residential user” means users whose premises are primarily for residential purposes and have no significant producing or processing activity of a commercial or industrial nature.
“Septic tank waste” means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. (See “Holding tank waste.”)
“Sewage” means the waterborne wastes received from human habitation and use of premises for residential, business, institutional, commercial and industrial purposes.
“Sewer” or “sanitary sewer” means a pipe or conduit which carries sewage and/or industrial wastewater and to which storm, surface, and groundwater are not intentionally admitted. Unless otherwise qualified, the word “sewer” when used in this title 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.
“Sewer or sanitary overflow” means any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater that may or may not reach water of the United States or that may or may not cause wastewater backups into buildings or onto private property.
“Sewer service lateral” means that portion of the sewer system which connects the user’s premises to the city sewer.
“Sewer system” means all works for collecting, pumping, treating, disposing, storing, and reclaiming sewage.
“Shall” is mandatory, and “may” is permissive.
Significant Industrial User (SIU).
1. Except as provided in subsections (2) and (3) of this definition, the term “significant industrial user” or “SIU” means:
a. All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
b. Any other industrial user that: discharges an average of twenty-five thousand gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the director of utilities on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).
2. The director of utilities may determine that an industrial user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than one hundred gallons per day (gpd) of total categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater unless specifically included in the pretreatment standard) and the following conditions are met:
a. The industrial user, prior to the director of utilities’ finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
b. The industrial user annually submits the certification statement required in Section 40 CFR 403.12(q) together with any additional information necessary to support the certification statement; and
c. The industrial user never discharges any untreated concentrated wastewater.
3. Upon finding that an industrial user meeting the criteria in subsection (1)(b) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standards or requirement, the director of utilities may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
“Sludge” means a primarily organic solid product produced by wastewater treatment processes that can be beneficially recycled.
“Slug discharge” means a discharge capable of causing adverse impacts to the city, its workers, or the environment, or any pollutant including an oxygen-demanding pollutant released in a discharge at a flow rate and/or pollutant concentration which may cause interference with the operation of the city sewer system. A slug discharge is considered to be a discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge. Batch discharges are intentional, controllable discharges that occur periodically within an industrial user’s process (typically the result of a noncontinuous process). Accidental spills are unintentional, largely uncontrolled discharges that may result from leaks or spills of storage containers or manufacturing processes in an area with access to floor drains.
“Standard Industrial Classification” or “SIC” means a classification pursuant to the latest published edition of the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, used to promote the comparability of industries.
“Subregional system” means the Santa Rosa subregional water reclamation system service area, a POTW, which includes the cities of Santa Rosa, Rohnert Park, Sebastopol, Cotati, and the South Park County Sanitation District.
“Suspended solids (SS)” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering per standards set forth in 40 CFR Part 136, or as amended, or any other test procedure approved by the administrator. Other test procedures may be used when approved by the director of utilities.
“Total dissolved solids (TDS)” means the residue upon evaporation of water after filtration. Standards for analysis are set forth in 40 CFR Part 136, or as amended. Other test procedures may be used when approved by the director of utilities.
“Total Kjeldahl nitrogen (TKN)” means ammonia as nitrogen, as measured by the Kjeldahl method. Standards for analysis are set forth in 40 CFR Part 136 or as amended. Other test procedures may be used when approved by the director of utilities.
“Toxic pollutant” means one of the pollutants or combinations of pollutants listed as toxic under Section 307 of the Act or as amended.
“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.
“Treatment plant effluent” means treated wastewater from the subregional system.
“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 wastewater to a city sewer. See also “Industrial user.”
“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. See also “Industrial wastewater.”
“Waste hauler” means those that haul wastewater from a domestic, commercial, industrial origin or others as approved by the director of utilities to the POTW. Such domestic sources include chemical toilets, campers, trailers, septic tanks, or cesspools.
“Wastewater” means the liquid and water-carried industrial wastewater, or sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which is contributed to the city sewer system.
“Wastewater discharge permit” means the written permit or mechanism by which new or increased contributions of pollutants, or changes in the nature of pollutants, to the subregional system by industrial users, may be controlled to ensure compliance with applicable pretreatment standards, pretreatment requirements, or city local limits.
“Wastewater treatment plant” or “treatment plant” means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial wastewater.
“Water quality requirements” means requirements for subregional system’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, limitations, or prohibitions which may be established, adopted or amended from time to time by state or federal laws or regulatory agencies.
“Waters of the state” or “receiving waters” means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 1(part), 2009).
13.34.035 Responsibilities.
A. City of Cotati. The director of public works is charged with responsibility for the city of Cotati sewer collection and pumping system and the administration and enforcement of the provisions of Chapters 13.34 through 13.38. The director of public works is charged with responsibility for the administration and enforcement of the provisions of this title. Except as otherwise provided herein, the director of public works shall administer, implement, and enforce the provisions of this title. Any powers granted to or duties imposed upon the director of public works may be delegated by the director of public works to authorized representatives.
B. Subregional Water Reclamation System. The city of Santa Rosa director of utilities is charged with responsibility for the subregional system and the administration and enforcement of the applicable provisions of Chapters 13.34 through 13.36. Except as otherwise provided herein, the director of utilities shall administer, implement, and enforce the applicable provisions of Chapters 13.34 through 13.36. Any powers granted to or duties imposed upon the director of utilities may be delegated by the director of utilities to authorized representatives.
C. Responsibility of Users. It shall be the responsibility of the applicant, user and/or discharger to comply with all of the provisions of this title. The omission to act by the city and/or the failure of the city to take cognizance of the nature of the operation of the applicant, user or discharger and/or the properties of the applicant’s, user’s or discharger’s wastewater shall not relieve the applicant, user or discharger of responsibility to comply with the conditions of this title, including, but not limited to, such requirements regarding permitting, pretreatment, monitoring, and reporting. It shall be the responsibility of the applicant, user or discharger to make determinations as to the nature of its operation and wastewater flow and to take such actions as may be required under this title prior to any discharge of wastewater, whether or not the applicant, user or discharger has been informed by the city of the requirements which may apply to the applicant, user or discharger regarding its discharge.
D. User shall maintain, operate, and repair, at his own expense and after obtaining all required permits, that portion of sewer service lateral and cleanout which is located upon, within, or under any property not owned by the city. The user shall be responsible for maintaining a clear, unobstructed sewer service lateral from the user’s premises to the city sewer main. (Ord. 898 § 2(part), 2020: Ord. 891 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 1(part), 2009).
13.34.036 Sewers required.
A. It is unlawful to discharge any sewage, industrial wastewater or other polluted waters into any storm drain or natural outlet.
B. The owner of any parcel used for human occupancy, employment, recreation, or other human purpose which utilizes a private sewage system and is situated within the city and abutting on any street or easement in which there is situated a sanitary sewer within two hundred feet of the property line closest to the available sewer, and designed to serve such parcel, is required to install, at his expense, a connection with the public sewer in accordance with the provisions of this title within ninety days after date of official notice by the director of public works to do so. Such official notice may inform the owner that no person may construct, excavate, maintain, cause, allow or permit to be constructed, excavated, or maintained on any parcels, any private sewage system, sewer pipes or other pipes or conduits, including residential graywater systems as defined by Chapter 22, Section 14875 et seq., of the California Water Code and as amended, for the treatment and discharge of sewage or impure waters, gas, vapor, oils, acids, tar or any other matter or substance offensive, injurious or dangerous to health. The private sewage system shall be removed or cleaned in accordance with Chapter 13.38 or with the approvals received from the county of Sonoma.
C. All development and use proposals requiring a city building permit or development review permit shall include provisions for connection to the sewage facilities of the city. Approval of said permit or proposal shall be conditioned upon connection to city sewage facilities regardless of the distance of the property to said facilities. No premises shall be issued a city permit unless the property owner of the premises enters into a sewer connection agreement with the city. Costs of the connection including sewer line extension, engineering and the preparation of the sewer connection agreement shall be borne by the property owner. Exceptions to this requirement may be granted where the review authority finds that the application:
1. Will not result in a change of use; and
2. Will not result in an increase in number of bedrooms; and
3. Will not result in an increase to the number of parcels (i.e., no subdivisions or lot splits); and
4. Will meet current code requirements of the county of Sonoma for septic systems. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 1(part), 2009).
13.34.038 Permissible discharges.
Wastewater may be discharged into city sewers for collection, treatment, and disposal by the city; provided, that such wastes do not contain substances prohibited as described in Section 13.36.070 or as amended or exceed limitation of wastewater volume or strength, as set forth in this title and, if applicable, in a wastewater discharge permit; and further provided, that the user pays all applicable city charges and is in compliance with all other terms of this title. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 1(part), 2009).
13.34.040 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 utilities. User 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, or other nonresidential activity, but excluding premises of industrial users. Incidental residential use is not precluded.
C. Industrial. Industrial users are defined in Section 13.34.030, or as amended. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 1(part), 2009).
13.34.045 Violations unlawful.
It shall be unlawful for any person to connect to, reconnect to, install or provide, maintain, and use any portion of the sewer system of the city except as provided by this title. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 1(part), 2009).
13.34.046 Violation – Penalty.
Any person who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed one thousand dollars, or by imprisonment in the county jail for not more than six months, or by both fine and imprisonment. Each day a violation exists shall be considered a separate violation. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 1(part), 2009).
13.34.050 Ministerial permit issuance.
The city has determined that the issuance of a wastewater discharge permit pursuant to the provisions of this title is a ministerial act. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 1(part), 2009).
13.34.060 Severability.
If any provision of the ordinance codified in this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 1(part), 2009).