CHAPTER 10.16
SEWAGE DISPOSAL
SECTION:
10.16.030: Sewer Use Regulations
10.16.040: Use Of Public Sewers Required
10.16.050: Service Outside City
10.16.060: New Connections; Permit Required
10.16.070: Building Sewer Connection Requirements
10.16.090: Sewer Service Charges; Delinquencies
10.16.100: Industrial Monitoring For Billing And Permits
10.16.110: Limitations On Use Of Sewers
10.16.010 PURPOSE:
A. Pursuant to the general laws of the state, the city council declares its intention to own, construct, equip, operate and maintain within or without the city limits, a sewage disposal plant or plants, sewers, equipment and appurtenances necessary, useful or convenient for a complete sewer system and disposal plant, and also including the reconstruction of such sewers as may necessarily or conveniently be deemed proper by the council.
B. For the protection of the public health, safety and general welfare, the city council declares its intention to regulate the generation and discharge of all wastewater from all domestic, commercial and industrial sources. (1972 Code § 13.12.010)
10.16.020 DEFINITIONS:
In addition to the terms defined in this section, the following terms as used herein shall have the meanings ascribed to them in, and shall be calculated according to, standard methods: "suspended solids (SS)," "biochemical oxygen demand (BOD)," "chemical oxygen demand (COD)," and "total dissolved solids (TDS)." Also, the following chemical ions or elements as used herein shall have the meanings ascribed to them commonly in chemistry and shall be calculated according to standard methods: "sodium," "chloride," "boron," "sulfate" and "total nitrogen."
For the purposes of this chapter, the following words and phrases shall have the meanings, respectively, ascribed to them in this section:
ACCIDENTAL DISCHARGE: |
Any discharge at a flow rate or concentration which could cause a violation of the discharge standards in this chapter or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or slug. |
AMALGAM SEPARATOR: |
A device that: employs filtration, settlement, centrifugation, or ion exchange to remove dental amalgam and its metal constituents from a dental office vacuum system before it discharges to the sanitary sewer system; has been certified under the International Organization for Standardization’s standard for amalgam separators as capable of removing a minimum of ninety five percent (95%) of dental amalgam at flow rates comparable to the flow rate of the actual vacuum suction system in operation; and does not have any automatic flow bypass. |
AMALGAM WASTE: |
Waste that includes noncontact dental amalgam (dental amalgam scrap that has not been in contact with the patient); contact dental amalgam (including, but not limited to, extracted teeth containing amalgam); dental amalgam sludge captured by chair-side traps, vacuum pump filters, screens, and other dental amalgam trapping devices; and used, leaking or unusable capsules containing dental amalgam. |
AMMONIA: |
That form of nitrogen which is chemically definable as NH3. |
APPLICANT: |
A person who applies for sewer service. |
APPROVING AUTHORITY: |
The city manager, city engineer, and public works director or their duly authorized deputies, agents or representatives. |
AUDIT PROTOCOLS: |
The procedures to be followed in performing flow and pollutant audit studies. |
AVERAGE CONCENTRATION: |
The concentration of a pollutant in an industrial user’s discharge that is calculated by adding the concentrations of the particular pollutant in all composite samples taken during a given time period, including but not limited to self monitoring samples, and dividing the total by the number of samples taken. |
BATCH DISCHARGE: |
The discharge of wastewater resulting from an intermittent treatment process in which an identified amount of process wastewater is collected, treated to meet discharge standards, and released to the sanitary sewer system. |
BEST MANAGEMENT PRACTICES: |
"Best management practices" means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of pollutants to the sanitary sewer system, which have been determined by the public works director to be cost effective for particular industry groups, business types, or specific industrial processes. |
BUILDING DRAIN: |
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the buildings and conveys it to the building sewer, beginning five feet (5’) outside the inner face of the building wall. |
BUILDING INSPECTOR: |
The building inspector of the city, or his authorized deputy, agent or representative. |
BUILDING SEWER: |
The extension from the building drain to the public sewer or other place of disposal. |
CATEGORICAL INDUSTRIAL USER: |
"Categorical Industrial User" or "CIU" means a source performing any categorical process that has any connection to the sanitary sewer system, subject to federal pretreatment standards, as described in 40 CFR 405-471. |
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: |
Any regulation containing pollutant discharge limits promulgated by the EPA that apply to specific categories of users and which appear in 40 CFR 405-471. |
CODE OF FEDERAL REGULATIONS: |
"Code of Federal Regulations" or "CFR" refers to the Code of Federal Regulations as published by the Office of the Federal Register National Archives and Records Administration. Whenever a reference is made to any portion of said code, or to any other federal regulation, such reference shall apply to all amendments and additions to such portion of said code now or hereinafter enacted. |
COMMERCIAL BUILDING: |
All buildings or premises used for any purpose other than a dwelling unit, but not an industrial waste contributor. |
COMPOSITE SAMPLE: |
A sample that accurately represents the average pollutant concentration during a continuous time period. |
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A. |
A flow-proportional or time-proportional sample may be obtained manually or automatically, and discretely or continuously. For manual compositing, at least six (6) individual samples from each sample point shall be combined and mixed to obtain one composite sample; flow-proportion may be obtained either by varying the time interval between each discrete sample or the volume of each discrete sample. |
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B. |
If multiple batches are discharged over a twenty four (24) hour period, then one sample must be collected from each batch discharged in that twenty four (24) hour period and composited into a single sample. A single sample from a batch representing one or more production days will be considered a single composite sample. |
CONNECTOR: |
Any owner or renter of any premises connected to the sewer system. |
CONTINUOUS DISCHARGE: |
A discharge which occurs without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities. |
CRITICAL USER: |
A discharger whose wastewater contains priority pollutants, or who discharges any waste which has the potential to cause interference in concentrations above those allowed in this chapter or who discharges in excess of one hundred thousand (100,000) gpd. |
DENTAL AMALGAM: |
An alloy of mercury with another metal, used by dentists to fill cavities in teeth. |
DEVELOPER: |
Any person or group of persons who requests the city to extend its sewage collection facilities. |
DILUTING WATERS: |
Noncontact cooling water, boiler blowdown, domestic sewage, groundwater, storm water, surface drainage, reverse osmosis reject or potable waters which are not part of an industrial process and which do not contain priority pollutants but are combined with industrial wastewater prior to the monitoring point for industrial wastewater discharge. Diluting waters also includes excess water used in reuse tanks when not in production. |
DISCHARGER: |
Any person discharging wastewater into the sanitary sewer system. |
DOMESTIC WASTEWATER: |
Wastewater from private residences and wastewater from other premises resulting from the use of water for personal washing, sanitary purposes or the elimination of human wastes and related matter. |
DWELLING UNITS: |
Buildings and structures that are constructed and used primarily for residential purposes. In any building or structure which has been constructed or altered to provide for two (2) or more families or households, or which has been constructed or altered to accommodate travelers or transients, each unit shall also be considered a dwelling unit. |
EXISTING SOURCE: |
Any source of discharge that is not a new source. |
EXTENSION: |
A sewer main extension. |
FACILITY: |
Any structure or work necessary or adequate for the proper disposition of sewer wastes. |
FIXER SOLUTION: |
A solution containing silver used in the photographic processing of dental x-rays, x-rays and photographs. |
FOOD SERVICE ESTABLISHMENT: |
A user that prepares and/or sells food for consumption either on or off the premises or washes utensils or dishes on premises that may contribute grease to the sewer system, including, but not limited to, restaurants, sandwich shops, delicatessens, bakeries, cafeterias, markets, bed and breakfast inns, motels, hotels, meeting halls, caterers, retirement and nursing homes or pizzerias. The term does not refer to single-family units, food stores or establishments that do not prepare food on premises and do not process food in a manner which may contribute grease to the sewer system. A food service establishment shall be deemed to be contributing grease to the sanitary sewer system where a sanitary sewer overflow has occurred due to grease, or there has been a loss of twenty five percent (25%) or more of sewer line capacity due to grease downstream of the food service establishment. |
GARBAGE: |
Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. "Properly shredded garbage" means the wastes from the preparation, cooking and dispensing of foods that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1/2") in any dimension. |
GRAB SAMPLE: |
A single discrete sample collected at a particular time and place which represents the composition of the wastestream only at that time and place. |
GREASE: |
Liquid or other waste containing floatable and/or dispersed grease, vegetable oil, petroleum oil, nonbiodegradable cutting oil, or fat, oil or grease products of animal, vegetable or mineral origin which is detectable and measurable using analytical test procedures established in the United States Code of Federal Regulations, 40 CFR 136. |
GREASE CONTROL DEVICE: |
A grease interceptor, grease trap, mechanical grease removal device or other device approved for use by the director. |
GREASE INTERCEPTOR: |
A large tank installed underground and designed to collect and control solid food wastes and floating grease from wastewater prior to discharge into the sanitary sewer collection system. Grease interceptors are normally installed outside the building and use gravity to separate grease from wastewater as it moves from one compartment of the interceptor to the next. |
GREASE TRAP: |
A device placed under or in close proximity to sinks or other fixtures likely to discharge in an attempt to separate, trap and hold oil and grease substances. |
HEALTH DEPARTMENT: |
The state or county "Health Department." |
INDUSTRIAL USER: |
Any business, occupation or enterprise having sewage discharge which by reason of the manufacturing or industrial process involved, or through services rendered, is in volume in excess of a single-family residence or is of a kind or type dissimilar to that of a single-family residence because of the discharge of chemicals or putrescent material as the byproducts of such process. The city shall determine when a user is an industrial user by use of city owned sampling equipment. When the user is declared to be an industrial user by the city, such user may be so directed by the city to furnish its own sampling equipment at the user’s expense. |
INDUSTRIAL WASTES: |
The liquid wastes from industrial processes as distinct from domestic sewage. |
INDUSTRIAL WASTES OF EXCESSIVE STRENGTH: |
Industrial wastes discharged from any premises into the sanitary sewer system in any one operating day, which: |
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A. |
Have an average daily suspended solids content in excess of three hundred (300) parts per million; or |
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B. |
Have an average daily biochemical oxygen demand in excess of three hundred (300) parts per million; or |
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C. |
Contain in excess of two thousand five hundred (2,500) pounds of suspended solids; or |
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D. |
Contain in excess of two thousand five hundred (2,500) pounds of biochemical oxygen demand. |
INTERFERENCE: |
A. |
A discharge which alone, or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the processes or operation of the sanitary sewer system, including the treatment plant, or causes or significantly contributes to a violation of any requirement of a National Pollutant Discharge Elimination System (NPDES) Permit, which is a permit issued pursuant to Section 402 of the Clean Water Act. |
B. |
Prevention of biosolids use or disposal by the plant in accordance with published regulations providing guidelines under Section 405 of the Clean Water Act or in regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Water Act, the Toxic Substances Control Act, or more stringent state regulations (including those contained in any state biosolids management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the plant. |
LOW FLOW DISCHARGER: |
An industrial discharger whose average process flow, as shown on the dischargers’ application to discharge and as measured as a rolling six (6) month average, is less than one thousand (1,000) gallons per day. |
MASS AUDIT STUDY: |
An investigation of pollution prevention source reduction measures performed by or for an industrial user, pursuant to audit protocols acceptable to the city, to analyze the volume and concentration of nickel, copper, and/or any other priority pollutant identified in regulations adopted by the city, in an industrial user’s process streams and discharge, and to identify the maximum feasible reduction measures available to the industrial user. |
MAXIMUM ALLOWABLE CONCENTRATION: |
The highest permissible concentration or other measure of pollutant magnitude taken at a specific point in time. |
MECHANICAL GREASE REMOVAL DEVICE: |
A power operated device or combination of devices using electrical equipment to heat, filter, siphon, skim or otherwise separate and retain floating grease and solid food waste prior to the wastewater exiting the trap and entering the sanitary sewer collection system. |
MULTI-UNIT RESIDENTIAL STRUCTURE: |
A detached building designed as two (2) or more structurally joined dwelling units and occupied by two (2) or more families living independently of each other with separate entrances and including apartment houses, residential hotels and flats. |
NATURAL OUTLET: |
Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. |
NEW SOURCE: |
A. |
A new source is defined as any building, structure, facility 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) of the Clean Water Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: |
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1. |
The building, structure, facility, or installation is constructed at a site at which no other source is located; or |
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2. |
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or |
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3. |
The production of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such 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 sources, should be considered. |
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B. |
Construction on a site at which an existing source is located results in a "modification" rather than a "new source" if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection A2 or 3 of this definition but otherwise alters, replaces, or adds to existing process or production equipment. |
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C. |
Construction of a new source as defined under this definition has commenced if the owner or operator has: |
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1. |
Begun, or caused to begin, as part of a continuous onsite construction program, any placement, assembly or installation of facilities or equipment, or significant site preparation work, including clearing, excavating, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or |
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2. |
Entered into a building contractual obligation for the purchase of facilities or equipment which are 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 definition. |
OPERATING DAY: |
The period or periods of time during each twenty four (24) hour day during which industrial wastes are being discharged from a premises into the sanitary sewer. |
pH: |
The logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter. It shall be determined by one of the procedures outlined in standard methods. |
PARTS PER MILLION: |
A weight to weight ratio; the parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water. |
PASS-THROUGH |
A discharge which exits the plant into waters of the U.S. 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 plant’s NPDES permit, including an increase in the magnitude or duration of a violation. |
PERSON: |
Any person, firm, company, corporation, partnership, association, any public corporation, political subdivision, city, county, district, the State of California, or the United States of America, or any department or agency of any of the foregoing, unless this code expressly provides otherwise. |
PLUMBING FIXTURES: |
Approved receptacles or devices intended to receive water, liquids or other permissible wastes, which discharge the same into the soil pipe, waste pipe or special waste pipe with which they are connected. |
PRETREATMENT STANDARD: |
Prohibited discharge standards, categorical pretreatment standards, and local limits. |
PRETREATMENT REQUIREMENTS: |
Any substantive or procedural requirement related to pretreatment imposed on an industrial user other than a pretreatment standard. |
PRIORITY POLLUTANTS: |
All pollutants as defined by the "General Pretreatment Regulations" of the Environmental Protection Agency, found at 40 CFR 401 and 403, as now or hereafter amended. |
PREMISES: |
Any lot, parcel of land, building or establishment, including a condominium as defined in Section 783 of the California Civil Code as an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store and which may also include in addition a separate interest in other portions of such real property. |
PROCESS FLOW: |
The daily, twenty four (24) hour flow of wastewater from any kind or nature of production, manufacturing or processing operation, including industrial and commercial operations where water is used for the removal of any type of waste other than sanitary sewage. Process flow does not include diluting waters. |
PUBLIC SEWER: |
A sewer provided by or subject to the jurisdiction of the city. It also includes sewers within or outside the city boundaries that serve one or more persons and ultimately discharge into the city sanitary sewer system, even though those sewers may not have been constructed with city funds. |
SANITARY SEWER: |
A sewer that conveys sewage, and into which storm, surface and ground waters or unpolluted industrial wastes are not intentionally admitted. |
SANITARY SEWER SYSTEM: |
All sewers, treatment plants, and other facilities owned or operated by the city for carrying, collecting, pumping, treating and disposing of sanitary sewage and industrial wastes. |
SERVICE CHARGE: |
The assessment levied on all users of the public sewer system. |
SERVICE LATERAL: |
Any pipe between the sewer lines of the city and the customer’s sewer service connection. |
SEWAGE: |
The water-carried human, animal or household wastes in a public or private drain, and may include ground water infiltration, surface drainage and industrial wastes. |
SEWAGE DISPOSAL WORKS: |
All facilities for collecting, pumping, treating and disposing of sewage. |
SEWAGE TREATMENT PLANT: |
An assemblage of devices, structures and equipment for treating sewage. |
SEWAGE WORKS: |
All facilities for collecting, pumping, treating and disposing of sewage. |
SEWER: |
A pipe or conduit for conveying sewage or any other waste liquids, including storm, surface and ground water drainage. |
SEWER USER OR USER: |
Every person using a public sewer, or who has a dwelling unit, commercial building or industry which puts to use a public sewer. |
SEWERAGE: |
The system of sewers and appurtenances for the collection, transportation and pumping of sewage. |
SIGNIFICANT CHANGE: |
Any change in an industrial user’s operation that results in any of the following: |
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A. |
A flow that exceeds the expected peak flow as shown in the sewage treatment plant connection allocation for the property on which the industrial user is located. |
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B. |
An increase in average process flow of twenty five percent (25%) over the industrial user’s average process flow for the dischargers’ most immediate preceding compliance period. |
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C. |
Adding or deleting process discharge or sample points. |
SIGNIFICANT INDUSTRIAL USER: |
A. |
An industrial user that processes subject to categorical pretreatment standards; or |
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B. |
An industrial user that: |
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1. |
Discharges an average of twenty five thousand (25,000) gpd or more of process wastewater to the sanitary system (excluding sanitary, noncontact cooling and boiler blowdown wastewater); or |
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2. |
Contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the plant; or |
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3. |
Is designated as such by the public works director on the basis that it has a reasonable potential for adversely affecting the plant’s operation or for violating any pretreatment standard or requirement. |
SIGNIFICANT NONCOMPLIANCE: |
An industrial user is in "significant noncompliance" if it has a violation or violations meeting one or more of the following criteria: |
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A. |
Chronic violations of wastewater discharge limits defined here as those in which sixty six percent (66%) or more of all the measurements taken during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1); |
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B. |
Technical review criteria (TRC) violations, defined here as those in which thirty three percent (33%) or more of all the measurements for each pollutant parameter taken during a six (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(1) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); |
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C. |
Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the public works director determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of the public works director, public works personnel or the general public); |
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D. |
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the plant’s exercise of its emergency authority to halt or prevent such a discharge; |
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E. |
Failure to meet, within ninety (90) days after the scheduled due date, a compliance schedule milestone contained in a discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; |
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F. |
Failure to provide, within forty five (45) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; |
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G. |
Failure to accurately report noncompliance; and |
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H. |
Any other violation or group of violations, which may include a violation of reasonable control measures, which the public works director determines will adversely affect the operation or implementation of the pretreatment program. |
SLUG LOAD OR SLUG DISCHARGE: |
Any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or noncustomary batch discharge, which has a reasonable potential to cause inference or pass-through or in any other way to cause a violation of the provisions of this chapter or applicable permit conditions. |
SOIL PIPE: |
Any pipe that conveys the discharge of water closets, with or without the discharge from other fixtures, to the house drain or service lateral. |
SOURCE: |
Any building, structure, facility or installation from which there is or may be a potential, as determined by the public works director, to discharge pollutants above the local limits included in this chapter or state or federal limits, or wastewater of such volume or strength that it may cause interference, pass-through or operational problems in the sanitary sewer system or at the treatment plant. |
SPECIAL WASTE PIPE: |
Any pipe or fitting which indirectly conveys liquid waste to a drainage system by discharging into any approved plumbing fixture or receptacle which is directly connected to a soil waste pipe or service lateral. |
STANDARD DISCHARGER: |
Any industrial discharger who is not a low-flow discharger. |
STANDARD METHODS: |
The examination and analytical procedures set forth in the Code of Federal Regulations unless another method for the analysis of industrial wastewater has been approved in writing in advance of use of the procedure by the public works director. All analysis shall be performed by a laboratory certified by the state for the specific pollutants and matrix to be analyzed, unless otherwise approved in writing, by the public works director prior to performance of a sample analysis. |
STORM SEWER: |
A sewer that carries storm, surface and ground water drainage, but excludes sewage. |
SUBDIVIDER: |
Refers to a person who causes land to be divided into a subdivision for himself or for others. |
TOTAL TOXIC ORGANICS: |
"Total toxic organics" or "TTOs" are the sum of the concentrations for each of the regulated toxic organic compounds listed at 40 CFR 401.15 and which are found in the discharge at a concentration greater than ten (10) micrograms per liter. |
TRUCKED OR HAULED WASTE: |
Any waste discharged into the sanitary sewer system after being transported by motorized vehicle from the location where the waste was generated or produced. |
UNPOLLUTED WATER OR LIQUIDS: |
Any water or liquid containing none of the following: emulsified grease or oil; acids or alkalies; substances that may impart taste and odor or color characteristics; toxic or poisonous substances in suspension, colloidal state or solution; odorous or otherwise obnoxious gases. It shall contain not more than thirty (30) parts per million each of suspended solids or biochemical oxygen demand. Analytical determinations shall be made in accordance with procedures set forth in standard methods. |
WASTE PIPE: |
Any pipe or fitting which directly conveys the discharge of any plumbing fixtures, receptacle, apparatus or device, except water closets, to a soil pipe, building drain or sewer lateral. |
WATERCOURSE: |
A channel in which a flow of water occurs, either continuously or intermittently. |
YELLOW GREASE: |
Grease which is associated with food preparation or processing, which has not been contaminated with wash water or chemicals, or by being spilled or otherwise fouled. |
ZERO DISCHARGER: |
An industrial facility that does not discharge any wastewater except domestic wastewater to the sanitary sewer system. (1972 Code § 13.12.020; amd. Ord. 2012-75, 6-4-2012) |
10.16.030 SEWER USE REGULATIONS:
A. Limitation Of Point Of Discharge: No person shall discharge any substances directly into a manhole or other opening in a city sewer other than through a city-approved sewer connection.
B. Discharge Into Storm Drain Prohibited:
1. It shall be unlawful to discharge any sewage, industrial waste or other polluted waters into any storm drain or natural outlet or channel without a valid NPDES permit.
2. No person shall cause, allow, or permit to be discharged into the sanitary sewer system any trucked or hauled waste, except at a site specifically designated in a wastewater discharge permit or a receiving station permit.
C. Public Nuisance: The discharge of unscreened garbage, fruit, vegetable, animal or other solid industrial wastes into any part of the sanitary sewer system, in violation of any provision of the city municipal code, is hereby declared to be a public nuisance.
D. Protection From Accidental Discharge:
1. Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter into either the storm sewer or sanitary sewer systems.
2. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the industrial user’s expense.
3. All industrial users shall notify the city by telephone or in person within one hour of becoming aware of accidentally discharging wastes of reportable quantities as determined in 40 CFR 117 or discharge of any substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261, to enable countermeasures to be taken by the city to minimize damage to the sanitary sewer system, plant, treatment processes, and the receiving waters. If hazardous waste is discharged, industrial user shall be subject to all requirements in 40 CFR 403.12(p).
4. Telephone notification of an accidental discharge shall be followed, within five (5) days of the date of occurrence, by a detailed written statement furnished to the city describing the causes of the discharge and the measures being taken to prevent similar future occurrences.
5. Notification of an accidental discharge to the city will not relieve industrial users of notification requirements under any other federal, state or local law, nor of liability for any expense, loss or damage to the sanitary sewer system, plant or treatment process or receiving waters or for any fines or penalties imposed on the city on account thereof under applicable provisions of state or federal law.
6. All permitted facilities must maintain a spill control plan for protection against accidental discharges, including but not limited to, berming of chemicals and waste materials. The review of such plans and procedures shall not relieve the industrial user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this code or other state or federal regulations.
7. Any spill control plan must be reviewed and revised as needed within thirty (30) days after an accidental discharge has occurred or as required by the public works director.
E. Pretreatment By Owner: Whenever deemed necessary by the public works director, the owner of any private premises shall, at his own expense, provide such treatment or take such other measures as shall be required in order to reduce objectionable characteristics, contents or rate of discharge of waters or wastes being deposited in the sanitary sewer system so that the same may be received therein without any damage to the sanitary sewer system or any undue interference with its operation and without any hazard of any kind to humans or animals.
F. Monitoring Facilities:
1. The public works director may require any discharger to the sanitary sewer system to construct, at the industrial user’s own expense and at an approved location, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems.
2. The monitoring facilities, sampling, and measurement equipment and access thereto shall be maintained at all times in a safe and proper operating condition at the expense of the discharger.
3. Any required monitoring facilities shall be specified in the wastewater discharge permit issued pursuant to this chapter.
4. Dischargers shall retain sufficient wastewater in their sample box at all times to allow sample collection representative of the last wastewater discharge.
G. Storm And Other Waters:
1. No person shall discharge, cause, allow or permit any storm water, surface water or roof runoff to be discharged into the sanitary sewer system or any part thereof.
2. No person shall discharge, cause, allow or permit any ground water or subsurface drainage to be discharged into the sanitary sewer system or any part thereof, without a wastewater discharge permit issued by the public works director specifically for such discharge.
3. A wastewater discharge permit for the discharge of ground water or subsurface drainage shall only be issued if there is no reasonable alternative method for disposal of such water.
4. If permitted, discharge of ground water or subsurface drainage shall be subject to all applicable requirements of this operations code, including but not limited to the payment of applicable permit fees and such terms and conditions as the public works director may impose in the wastewater discharge permit.
H. Cooling And Unpolluted Water: No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof any unpolluted cooling water or unpolluted industrial process water.
I. Obstructing Or Injurious Substances: No person shall discharge, or cause, allow, or permit to be discharged, thrown, or deposited into the sanitary sewer system or any part thereof, or into any plumbing fixture or private sewer or drain connected either directly or indirectly to the sanitary sewer system, any substance of any kind whatsoever tending to obstruct or injure the sanitary sewer system, or to cause a nuisance or hazard, or which will in any manner interfere with the proper operation or maintenance of the sanitary sewer system.
J. Copper-Based Chemical Compounds:
1. No person shall discharge, or cause, allow or suffer to be discharged, any chemical compound containing greater than five percent (5%) copper by weight, to control roots, or for any other purpose, into the sanitary sewer system or any part thereof, or into any plumbing fixture or sewer which discharges, either directly or indirectly, into the sanitary sewer system.
2. No person shall use in any public place any chemical compound containing greater than five percent (5%) copper by weight, to control roots, or for any other purpose, without first providing clear and reasonable written warning that discharge of said compound into the sanitary sewer system or any part thereof, or into any plumbing fixture or sewer or drain which discharges, either directly or indirectly, into the sanitary sewer system, is prohibited by ordinance of the city of Gonzales.
3. For the purposes of this section, warning may be provided by posting a decal, placard or sign at the point of use of the compound. Any warning given under this section shall be reviewed and must be approved by the public works director.
4. For purposes of this section only, public place shall be defined as "any building or area (including, without limiting the generality of the foregoing, any store or business establishment) where copper based chemical compounds may be viewed and obtained by members of the general public."
K. Flammable Or Explosive Substances: No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system any gasoline, benzene, naphtha, fuel oil, or any flammable liquid, solid, vapor, or gas or other substance, including but not limited to any substance having a closed cup flash point of less than one hundred forty degrees Fahrenheit (140° F) or sixty degrees Centigrade (60° C), using the test methods specified in Section 261.21 of Title 40 of the Code of Federal Regulations.
L. Hot Substances: No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any liquid, solid, vapor, gas, or thing having or developing a temperature of one hundred fifty degrees Fahrenheit (150° F) or more, or which may cause the temperature at the sewage treatment plant to exceed one hundred four degrees Fahrenheit (104° F).
M. Toxic Gases, Vapors Or Fumes: No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system any substance of any kind whatsoever which results in the presence of toxic gases, vapors or fumes within the system in a quantity that may cause acute health and/or safety problems for workers in the sanitary sewer system.
N. Grease:
1. No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system any liquid or other waste containing grease in excess of one hundred (100) parts per million by weight.
2. No person shall discharge, cause, allow, or permit any grease discharge from a food service establishment into the sanitary sewer system, unless such discharge has first been processed through an approved grease control device.
3. No person shall discharge, cause, allow, or permit to be discharged any "yellow grease," or any waste or mixed material mixed with yellow grease, into the sanitary sewer system from a food service establishment. No yellow grease from a food service establishment shall be mixed with grease trap or grease interceptor waste.
O. Solid Or Viscous Matter: No person shall discharge, deposit or throw, or cause to be discharged, deposited, or thrown into the sanitary sewer system or any part thereof, any ashes, cinders, pulp, paper, sand, cement, mud, straw, shavings, metal, glass, rags, feathers, tar, asphalt, resins, plastics, wood, animal hair, paunch manure, or any heavy solid or viscous substance capable of causing obstruction to the flow in the sanitary sewer system or any part thereof, or which would interfere with the proper operation of the sewage treatment plant or the treatment of sewage or industrial wastes.
P. Corrosive Matter: No person shall discharge, or cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any liquid, solid, vapor, gas, or thing having a pH lower than 6.0 or more than 8.5, having any other corrosive property capable of causing damage or hazard to the sanitary sewer system or any part thereof, or to any personnel operating, maintaining, repairing, or constructing said sanitary sewer system or any part thereof, or working in or about said system.
Q. Interfering Substances:
1. No person shall discharge, cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any industrial waste containing any of the following toxic substances exceeding the concentrations set forth below:
Toxic Substance |
Standard Discharger Maximum Allowable Concentration |
Low Flow Discharger Maximum Allowable Concentration |
---|---|---|
Antimony |
5.0 mg/l |
5.0 mg/l |
Arsenic |
1.0 mg/l |
1.0 mg/l |
Beryllium |
0.75 mg/l |
0.75 mg/l |
Cadmium |
0.7 mg/l |
0.7 mg/l |
Chromium, total |
1.0 mg/l |
1.0 mg/l |
Copper |
2.3 mg/l |
2.7 mg/l |
Cyanides |
0.5 mg/l |
0.5 mg/l |
Lead |
0.4 mg/l |
0.4 mg/l |
Mercury |
0.010 mg/l |
0.010 mg/l |
Nickel |
0.5mg/l |
2.6 mg/l |
Phenol and derivatives |
30.0 mg/l |
30.0 mg/l |
Selenium |
1.0 mg/l |
1.0 mg/l |
Silver |
0.7 mg/l |
0.7 mg/l |
Zinc |
2.6 mg/l |
2.6 mg/l |
2. No person shall discharge, cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any toxic or poisonous substances or any other pollutant, including biochemical oxygen demand, in sufficient quantity to injure or cause an interference with the sewage treatment process or pass through the plant, or in sufficient quantity to constitute a hazard to humans or animals, or in sufficient quantity to create a hazard for humans or aquatic life in any waters receiving effluent from the sanitary sewer system, or which may create a hazard in the use or disposal of sewage sludge.
3. All samples, both grab and composite, shall demonstrate compliance with the above limits.
4. Any industrial user that violates any of the interfering substances limits must resample and submit sample reports for all pollutants in violation of any applicable permit limits or any other pollutants as required by the public works director within thirty (30) days of becoming aware of the violation.
R. Prohibition On Use Of Diluting Waters: The use of diluting waters as a partial or complete substitute for adequate treatment, to achieve compliance, or to meet local limitations for wastewater, or to avoid or minimize any requirements imposed in a wastewater discharge permit, is prohibited.
S. Suspended Solids; Dissolved Matter: No person shall discharge, or cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any liquid containing suspended solids or dissolved matter of such character and quantity that unusual attention or expense is required to handle, process or treat such matter at the sewage treatment plant.
T. Noxious Or Malodorous Matter: No person shall discharge, or cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any solid, liquid, vapor, gas, or thing which is so malodorous or noxious that its discharge into the sanitary sewer system would cause a public nuisance.
U. Radioactive Matter: No person shall discharge, cause, allow, or permit to be discharged, any radioactive waste into the sewer system, except that:
1. Persons authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials may discharge, cause to be discharged, or permit to be discharged such wastes, provided that such wastes are discharged in strict conformance with the California radiation control regulations (California Code of Regulations, Title 17, Chapter 5, Subchapter 4), and federal regulations and recommendations for safe disposal of such wastes; and
2. All such discharges are in compliance with all applicable rules and regulations of all other regulatory agencies having jurisdiction over such discharges.
V. Colored Matter: No person shall discharge, or cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions.
W. Garbage:
1. No person shall discharge, deposit, or throw, or cause, allow or permit to be discharged, deposited, or thrown into the sanitary sewer system of the city, or any part thereof, any garbage, or any fruit, vegetable, animal or other solid material from any food processing plant or other industrial plant or retail grocery store, irrespective of whether or not the same shall have been first passed through a mechanical grinder, and no person shall install, operate, use or maintain upon the premises of any food processing plant, or any other industrial plant or retail grocery store, any mechanical grinder or waste grinder that is connected directly or indirectly to the sanitary sewer system of the city, or any part thereof.
2. No person shall discharge, deposit, or throw, or cause, allow or permit to be discharged, deposited, or thrown into the sanitary sewer system or any part thereof, any garbage or fruit, vegetable, animal or other solid kitchen waste material resulting from the preparation of any food or drinks, in any dwelling, restaurant, or eating establishment, unless the same shall have first been passed through a mechanical garbage or waste grinder in conformance with the applicable provisions of the plumbing and electrical codes of the entity having jurisdiction thereover.
X. Installation Of Grease Control Devices:
1. Any food service establishment, or other type of business or establishment where grease or other viscous, obstructing, or objectionable materials may be discharged into a public or private sewage main or disposal system, shall have a grease control device and related plumbing of a size and design approved by the public works director.
a. Grease interceptors shall meet the following minimum requirements:
i. Designed retention time of no less than thirty (30) minutes.
ii. The effluent from the device must flow through an approved sample box.
iii. Installed per manufacturer’s specifications.
iv. At least two (2) manholes, situated so all standpipes can be fully observed, and all internal surfaces can be reached, without confined space entry.
v. Double-sweep clean-outs, on the interceptor inlet and sample box outlet.
vi. Shall meet the specifications and be constructed in accordance with the provisions of the applicable building codes.
b. Grease traps shall meet the following minimum requirements:
i. No injection port for chemicals or bacteria.
ii. Installed per manufacturer’s specifications.
iii. Appropriate flow restrictors, whether integral or external to the device, must be installed.
iv. Shall meet the specifications and be constructed in accordance with the provisions of the applicable building codes.
c. Mechanical grease removal devices shall be installed in accordance with manufacturer’s specifications.
2. Each grease removal device shall be so installed and connected that it shall be at all times easily accessible for inspection, sampling, cleaning and removal of grease and other matter from all surfaces.
3. A grease control device should be situated on the discharger’s premises except when such a location would be impractical or cause undue hardship on the discharger. The city may, subject to the issuance of an encroachment permit by the entity having jurisdiction thereover, allow the device to be installed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
4. Waste discharge from fixtures and equipment in establishments which may contain grease or other objectionable materials including, but not limited to, scullery sinks, pot and pan sinks, dishwashers, food waste disposals, soup kettles, and floor drains located in areas where such objectionable materials may exist, may be drained into the sanitary waste through the grease control device when approved by the public works director; provided, however, that toilets, urinals, wash basins, and other fixtures containing fecal material shall not flow through the grease removal device.
Y. Maintenance And Operation Of Grease Control Devices:
1. Grease control devices shall be maintained in efficient operating condition by periodic removal of the accumulated grease. The use of chemicals, bacteria, enzymes or other additives that have the effect of emulsifying or dissolving grease is prohibited unless specifically authorized by the public works director in writing. No accumulated grease shall be introduced into any drainage piping or public or private sewer.
2. Grease control devices shall be cleaned on a sufficient frequency to prevent objectionable odors, surcharge of the grease control device, or interference with the operation of the sanitary sewer system.
a. Grease traps shall be cleaned at least once every thirty (30) days.
b. Grease interceptors shall be cleaned once every ninety (90) days.
c. Mechanical grease removal devices must be maintained in a manner and frequency consistent with manufacturer specifications and guidance.
d. Grease control devices shall be cleaned when their last chamber is filled to twenty five percent (25%) or more of capacity with grease or settled solids. Grease interceptors with a sample box shall be cleaned immediately when grease is evident in the sample box.
e. Grease control devices shall be cleaned by being pumped dry and all accumulated sludge on all surfaces shall be removed by washing down the sides, baffles, and tees. No water removed from the device during cleaning shall be returned to the grease control device.
3. The public works director may grant an exception to the requirements of subsections Y2a and Y2b of this section where the public works director finds, based on evidence presented by the discharger, that a less frequent cleaning schedule will be sufficient to assure that not more than twenty five percent (25%) of the capacity of the grease control device will be filled with grease or settled solids.
4. All dischargers shall implement best management practices in their operations to minimize the discharge of grease to the sanitary sewer system.
5. Dischargers shall maintain records on site for a period of at least three (3) years as follows:
a. Dischargers with an installed grease control device shall maintain records showing that the grease control device has been properly maintained and cleaned as required by subsections Y1 and Y2 of this section; and
b. Food service establishments shall maintain records showing the following related to all grease hauled off site: date and time material removed off site; volume removed; hauler name: truck license number, type of grease removed, and final destination of material collected.
6. Abandoned grease removal devices shall be emptied and filled as required for abandoned septic tanks.
Z. Screened Industrial Wastes:
1. No person shall discharge, or cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any garbage, or any fruit, vegetable, animal, or other solid industrial wastes resulting from the processing, packaging, or canning of fruits, vegetables, or other foods or products, unless such wastes have first been passed through screens having openings not exceeding one thirty-second of an inch (1/32") in dimension, provided that the public works director, by written permission, may authorize the discharge into the sanitary sewer system of such wastes if they are first passed through screens having larger openings if the public works director is satisfied that such larger openings will provide screening efficiency and effectiveness equal or better than that provided by the above specification openings of one thirty-second of an inch (1/32") in dimension.
2. Each person who discharges, or causes, allows, or permits to be discharged into the sanitary sewer system or any part thereof, any such wastes resulting from the processing, packaging, or canning of fruits, vegetables, or other foods or products, shall install within or upon his premises from which such wastes are discharged, before such discharge of such wastes is made into said sanitary sewer system or any part of such system, and thereafter maintains in good operating order, screens as hereinabove specified and appurtenances thereto, including but not limited to all necessary conveyors and elevators, all in sufficient quantity and of sufficient size and quality to continuously and effectively screen not less than one hundred percent (100%) of the peak hydraulic and solids loading imposed on such screens and appurtenances during any processing period.
3. No person shall discharge any such screened wastes into said sanitary sewer system, or any part of said system, unless and until s/he shall obtain from the city a wastewater discharge permit granting approval to do so. The public works director may require such a person to provide to the public works director a report prepared by a registered professional engineer which shows, to the satisfaction of the public works director, that the provisions of this chapter have been complied with by such person before the wastewater discharge permit is granted, and in no event shall the public works director issue such permit until he is satisfied that the provisions of this section have been complied with by such person. The public works director shall not issue such permit if any such wastes cannot be processed successfully by the physical and biological processing units of the treatment plant.
4. Any and all equipment, sewers, pipelines, or other facilities capable of discharging any garbage, fruit, vegetables, animal, or other solid industrial wastes resulting from the processing, packing, or canning of fruits, vegetables, or other foods or products, into said sanitary sewer system or any part thereof, before such wastes have been screened as required by subsection Z1 of this section, shall be locked, closed and sealed by the public works director or his authorized representative. Each person operating such equipment, sewers, pipelines, or other facilities shall install therein, at his own expense and cost, such valves or other devices or modifications thereto, as may be necessary to enable the public works director to carry out the provisions of this subsection Z4. No person shall break any such lock or seal, and no person shall discharge, or cause, allow or permit to be discharged into any such equipment, sewers, pipelines, or other facilities capable of discharging such industrial wastes into said sanitary sewer system or any part thereof, any unscreened industrial wastes without first having been issued a wastewater discharge permit.
AA. Federal Pretreatment Regulations: No industrial user shall discharge, cause, allow or permit a discharge into the sanitary sewer system in violation of any federal or state regulation regulating discharges by such users, including but not limited to the federal pretreatment regulations found in Title 40 of the Code of Federal Regulations.
BB. Disposal Of Unacceptable Waste: A "California Hazardous Waste Manifest" form must be completed for material disposed of at a Class 1 dump site and a copy furnished to the district manager upon request.
CC. Responsibility: The primary responsibility for enforcement of the provisions of this code shall be vested in the public works director with the power to inspect and issue notices for violations of this code.
DD. Record Keeping: All industrial users subject to the reporting requirements of this chapter shall retain and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, and any additional records of information obtained pursuant to monitoring activities undertaken by the industrial user independent of such requirements. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any enforcement action concerning the industrial user, or where the industrial user has been specifically notified of a longer retention period by the public works director.
EE. Falsification Of Information: No connector shall knowingly make any false statement, representation, record, report, plan or other document or knowingly tamper with or render inaccurate any monitoring device or equipment installed or operated pursuant to this code or of any permit issued under this title. In addition to any punishment or remedy provided by law, any such falsification or tampering shall be grounds for revocation of any permit issued under this code.
FF. Power To Inspect:
1. The public works director shall have the right to access upon all properties for the purpose of inspecting any sewer connection, including all discharge connections of roof and surface drains and plumbing fixtures; inspecting, observing, measuring, photographing, sampling, and testing the quality, consistency, and characteristics of sewage and industrial wastewaters being discharged into any public sewer; and inspecting and copying any records relating to quantity and quality of wastewater discharges, including but not limited to water usage and effluent discharged, chemical usage, and hazardous waste records.
2. The public works director may terminate service or revoke the permit of any person who has discharged wastewater to the sanitary sewer system and has unreasonably refused access to the district.
GG. Connection Of Swimming Pools And Equipment: Connection of swimming pools and swimming pool equipment to sanitary sewers shall not be permitted unless and until a permit from the city is obtained therefor. A permit giving permission for connection of the pool or equipment shall require that they be separated from the sewer by an air gap and a sump. The maximum size discharge out of the sump is to be two and one-half inch (2‑1/2") I.D. pipe.
The public works director may, as a condition of such permit, include therein any requirements which in his/her opinion are necessary for the protection of the city or its inhabitants.
HH. Fixer Solution Prohibition: No person shall discharge, cause, allow, or permit fixer solution to be discharged into the sanitary sewer system without prior pretreatment to meet all applicable limits.
II. Installation And Maintenance Of Amalgam Separators:
1. Except as provided in subsections II2 and II3 of this section, no person shall discharge, cause, allow or permit any discharge to the sanitary sewer system from a dental vacuum system, unless such discharge has first been processed through an amalgam separator.
2. For each dental vacuum system installed prior to July 1, 2011, an amalgam separator shall be installed on or before December 31, 2012. No dental vacuum system shall be installed on or after July 1, 2011, without an amalgam separator. Proof of certification and installation records shall be submitted to the public works director within thirty (30) days of installation.
3. A dental vacuum system may be operated without an amalgam separator; provided, that the system is not used in connection with the removal or placement of fillings that contain dental amalgam more than three (3) days per calendar year and the system is used exclusively by the following types of dental practices: (1) orthodontics; (2) periodontics; (3) oral and maxillofacial surgery; (4) radiology; (5) oral pathology or oral medicine; (6) endodontistry and prothodontistry.
4. Amalgam separators shall be maintained in accordance with manufacturer recommendations. Installation, certification, and maintenance records shall be maintained for a minimum of five (5) years and available for immediate inspection upon request by the public works director or designee during normal business hours. (1972 Code § 13.12.120; amd. Ord. 2012-75, 6-4-2012)
10.16.040 USE OF PUBLIC SEWERS REQUIRED:
A. Deposits Of Garbage, Objectionable Wastes: It is unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste.
B. Discharge Of Wastes To Natural Outlet: It is unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage, industrial wastes, or other polluted waters except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
C. Privies And Septic Tanks: Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
D. Connection To Public Sewer Required: Owners of all houses, buildings or properties used for human occupancy, employment, recreation, or other purpose, situated within the city, are required at their expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within ninety (90) days after date of official notice to do so. (1972 Code § 13.12.030)
10.16.050 SERVICE OUTSIDE CITY:
A. Contractual Agreement Required: No use or benefits of the sewer system or sewage disposal plant of the city shall be extended to or made available to any property not within the corporate limits of the city, except under a contractual agreement with the owners of property which is located outside the corporate limits of the city and only then when such property is not located so as to be eligible for annexation to the city at the time the sewer service is requested. (1972 Code § 13.12.040)
B. Conditions Of Contract:
1. Use and benefits of the sewer system and sewage disposal system may be granted to property owners outside of the city on a contractual basis only, and the contract shall require that the property owner must annex his property to the city at the earliest date that the same becomes eligible for annexation under the laws of the state.
2. The contract may further require for financing of the sewer extension, termination of service of the contract if any conditions are not met, and any other requirements which are to be deemed in the best interest of the city. (1972 Code § 13.12.050)
10.16.060 NEW CONNECTIONS; PERMIT REQUIRED:
No person may obtain a permit from the building inspector for the construction of new structures required to be connected to a public sewer pursuant to subsection 10.16.040D of this chapter until said person has received a connection permit and paid required connection charges as provided herein. (1972 Code § 13.12.060)
10.16.070 BUILDING SEWER CONNECTION REQUIREMENTS:
A. Permit Required: No unauthorized person shall uncover, make any connections with or openings into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the approving authority.
B. Permit Classes; Application; Fee:
1. There shall be three (3) classes of building sewer permits: a) for residential services; b) for commercial services; and c) for service to establishments producing industrial wastes.
2. The owner or his agent shall make application on a special form furnished by the city. The permit application shall be accompanied by plans and specifications in compliance with the city standard specifications for the installation of water facilities and other information considered pertinent in the judgment of the approving authority.
3. A permit and inspection fee, in an amount to be fixed by resolution of the city council, shall be paid to the city at the time the application is filed.
C. Costs Borne By Owner: All cost and expense of the extension of mains and the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
D. Separate Sewers For Each Building; Exception: A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another of the same ownership on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building. Where the two (2) buildings are of different ownership, a right-of-way for the sewer shall be deeded to the city.
E. Compliance With City Standard Specifications: All connections shall be made in accordance with the city standard specifications for the installation of water facilities.
F. Notify City For Inspection: The applicant for the building sewer permit shall notify the approving authority when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the approving authority.
G. Barricading Excavations; Restoration Of Public Ways: All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (1972 Code § 13.12.070)
10.16.080 CONNECTION CHARGES:
A. Charges Established By Resolution: To establish appropriate provisions for the construction and expansion of the sanitary sewer system of the city, inclusive of the treatment plant, and to provide for the necessary oversizing of the sanitary sewer system, and to be assured that the cost of such construction and expansion is borne by those who receive the benefits thereof, there are established connection charges for all connections made to the sanitary sewer system of the city. The amount of said charge for each type of use (residential, commercial, industrial) shall be fixed and determined by resolution of the city council.
B. Payment Of Charges And Fees: At the time a building permit is issued by the building inspector, after the effective date hereof, the applicant therefor shall pay to the city the necessary connection charges herein provided for, together with such other fees as may be provided by an ordinance or resolution now in effect or hereafter adopted. (1972 Code § 13.12.080)
10.16.090 SEWER SERVICE CHARGES; DELINQUENCIES:
A. Charge Established:
1. There is established a monthly charge for the use of the sewerage and disposal facilities of the city. Said charges shall be collected by the city manager simultaneously with water and/or garbage charges and shall be payable upon presentation of a bill for the periods of time which are simultaneous with and coincide with the water service.
2. Notwithstanding any other provision of this chapter, upon failure of any consumer billed or the owner of a premises to pay any sewer service charge within the time prescribed by resolution pursuant to section 10.04.110 of this title, there shall be a penalty of ten percent (10%) of the amount due and payable for said unpaid charge, which shall be added at the time the next bill is rendered, unless such bill is paid in full prior to said rendering, until the charge and penalties are paid; provided, that the total amount of the bimonthly penalties shall not exceed fifty percent (50%) of the total amount of the charges due.
B. Discontinuance; Lien:
1. If charges are not paid within the time limits prescribed by resolution pursuant to section 10.04.110 of this title, the city may discontinue all water and/or sewerage service to the premises served.
2. Said charges shall become a lien against the property so served upon notification and declaration of lien after notice by the city council.
C. Charges Established By Resolution: The bimonthly sewer service charges shall be established and determined by resolution of the city council.
D. Special Contracts:
1. The city council may enter into special contracts with any sewer user for a different method of computing the sewer service charge for that user, provided the contract is consistent with California administrative code title 23, chapter 3, subchapter 7.
2. Any such contracts in existence prior to the effective date hereof shall continue in full force and effect until specifically altered or canceled. (1972 Code § 13.12.090)
10.16.100 INDUSTRIAL MONITORING FOR BILLING AND PERMITS:
A. Filing Report With City:
1. Within three (3) months after the effective date hereof, each person who discharges industrial wastes to a public sewer shall prepare and file with the approving authority a report that shall include pertinent data relating the characteristics of the wastes discharged to the sewage disposal works.
2. Similarly, each person desiring to make a new connection to a public sewer for the purpose of discharging industrial wastes shall prepare and file with the approving authority a report that shall include actual or predicted data relating to the characteristics of the waste to be discharged.
B. Request For Time Extension: When it can be demonstrated that circumstances exist which would create an unreasonable burden on the person to comply with the time schedule imposed by subsection A of this section, a request for extension of time may be presented for consideration of the approving authority.
C. Sampling Facilities; Providing Samples:
1. Each person discharging industrial waste into a public sanitary sewer may, at his option, or shall, when directed by the approving authority, construct and maintain approved sampling and sample storage facilities for all waste entering into the sanitary sewer. These facilities may be used to obtain constituent concentration data for use as a basis for an industrial waste sewer service charge. Discharger shall pay the cost of analyzing the composite samples taken at the facility.
2. In lieu of directing the construction of sampling and sample storage facilities, the approving authority may direct that each person discharging industrial waste into a public sanitary sewer must procure, at the person’s expense and in a manner approved by the approving authority, sufficient composite samples on which to base and compute the person’s industrial waste sewer service charge. Flow data for computing the industrial waste charge shall be based upon the metered water flow to the premises. Metered water flow shall include all water delivered to or used on the premises.
D. Responsibility Of Discharger:
1. If so directed by the approving authority, all devices, access facilities and related equipment shall be installed by the person discharging the waste, at his expense, and shall be maintained by him so as to be in safe condition, in proper operating condition at all times, and readily accessible to city personnel during the operating day.
2. The sampling station shall be located and constructed in a manner acceptable to the city.
3. Complete plans on all phases of the proposed installation, including all equipment proposed for use, shall be submitted to the city for approval prior to construction.
E. Analyzing Waste Samples: The waste samples will be analyzed by the city. Laboratory procedures used in the examination of industrial wastes shall be those set forth in standard methods. However, alternate methods for certain analyses of industrial wastes may be used. (1972 Code § 13.12.100)
10.16.110 LIMITATIONS ON USE OF SEWERS:
A. Review And Approval By City:
1. The admission into the public sewer of any waters or wastes containing any quantity of substances having the characteristics described in section 10.16.030 or having an average daily sewage flow greater than two percent (2%) of the average daily flow of the city shall be subject to the review and approval of the city.
2. Where necessary, in the opinion of the city, or any other approving authority with appropriate jurisdiction, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce objectionable characteristics or constituents to within the maximum limits provided for in section 10.16.030. Plans and specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the city engineer, and no construction of such facilities shall be commenced until said approval is obtained in writing.
3. Where preliminary facilities are provided for any water or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at its own expense.
B. Control Manhole Required: When required by the approving authority, the owner of any property served by a building sewer carrying wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the approving authority. The manhole shall be installed by the owner at its own expense, and shall be maintained so as to be safe and accessible at all times. (1972 Code § 13.12.110; amd. Ord. 2012-75, 6-4-2012)
10.16.120 APPEAL PROCEDURE:
Decisions of the approving authority may be appealed to the city council, in writing, filed with the city clerk not later than thirty (30) days after the date of the decision. At its next regular meeting following the filing of the appeal, the city council shall fix a date, time and place for the hearing of the appeal by the city council. Such date shall not be less than ten (10) days nor more than thirty (30) days from the date the appeal was filed with the city clerk, and the city clerk shall give the appellant written notice of the time and place of the hearing at least ten (10) days prior to the hearing. Only those matters or issues specifically raised by the appellant in his written appeal shall be considered in the hearing of the appeal. The city council shall consider any evidence presented and may overrule the decision of the approving authority; provided, that the decision of the approving authority is shown to be in conflict with the provisions of this chapter. No variances to the permissible constituent concentrations or review of licensed laboratory findings will be considered by the city council. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of his right to an administrative hearing and adjudication of the decision or portion thereof. (1972 Code § 13.12.130)]
10.16.130 SHORTAGE OF SUPPLY:
Sewer Treatment Or Conveyance Capacity Shortage: During any period of threatened or actual shortage of sewer treatment or conveyance capacity, the city shall have the right to apportion its available capacity among consumers in such manner as appears most equitable under the circumstances then prevailing and with due regard to public health and safety. Such apportionment shall grant priority to housing with units affordable to lower income housing. (Ord. 2016-92, 4-4-2016)