Chapter 13.28
SEWER SERVICE1

Sections:

13.28.010    Definitions.

13.28.020    Alterations or use--Permit required.

13.28.030    Permit--Two classes designated--Fees.

13.28.040    Cost borne by owner.

13.28.050    Public sewer--Use required.

13.28.060    Discharge of waste in unauthorized areas prohibited.

13.28.070    Construction--Compliance with provisions.

13.28.080    Toilet facilities required--Connection with sewer.

13.28.090    Private disposal required--When.

13.28.100    Private disposal--Permit required.

13.28.110    Private disposal--Inspection required.

13.28.120    Private disposal--Compliance with state provisions.

13.28.130    Public sewer--Use required when available.

13.28.140    Private disposal--Owner maintenance.

13.28.150    Interference with additional requirements.

13.28.160    Separate sewer for each building.

13.28.170    Old sewers connected to new buildings.

13.28.180    Specifications.

13.28.190    Size and slope.

13.28.200    Low drain.

13.28.210    Excavations to be open trench work.

13.28.220    Joints ahd gaskets.

13.28.230    Connecting building and public sewer--"Y" branch.

13.28.240    Connecting building and public sewer--Inspection.

13.28.250    Excavations--Guarded and lighted.

13.28.260    Unpolluted drainage--Discharge to sewer prohibited.

13.28.270    Unpolluted drainage--Discharge to approved outlet.

13.28.280    Prohibited discharge to public sewer.

13.28.285    Fats, oils and grease control program.

13.28.290    Grease, oil and sand interceptors.

13.28.300    Grease, oil and sand interceptors--Maintained by owner.

13.28.310    Discharge--Preliminary.

13.28.320    Preliminary treatment facilities--Maintained by owner.

13.28.330    Manhole--Maintained by owner.

13.28.340    Tests and analyses--Determination.

13.28.350    Special agreements for treatment.

13.28.360    Tampering with equipment--Penalty.

13.28.370    Powers and authority of inspectors.

13.28.380    Violation--Penalties.

13.28.390    Misdemeanor--Separate offense.

13.28.400    Violation--Liability.

13.28.010 Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

A.    "B.O.D." (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees centigrade, expressed in parts per million by weight.

B.    "Building drain" means 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 building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.

C.    "Building inspector" means the building inspector of the city, or his authorized deputy, agent, or representative.

D.    "Building sewer" means the extension from the buildingdrain to the public sewer or other place of disposal.

E.    "Combined sewer" means a sewer receiving both surface runoff and sewage.

F.    "Garbage" means solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

G.    "Industrial wastes" means the liquid wastes from industrial processes as distinct from sanitary sewage.

H.    "Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface of groundwater.

I.    "pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

J.    "Properly shredded garbage" means the wastes from the preparation, cooking, and dispensing of food 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 in any dimension.

K.    "Public sewer" means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

L.    "Sanitary sewer" means a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.

M.    "Sewage" means a combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

N.    "Sewage treatment plant" means any arrangement of devices and structures used for treating sewage.

O.    "Sewage works" means all facilities for collecting, pumping, treating, and disposing of sewage.

P.    "Sewer" means a pipe or conduit for carrying sewage.

Q.    "Storm sewer" or "storm drain" means a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

R.    "Suspended solids" means solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.

S.    "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently. (Drd. 47 §§101--119, 1953).

13.28.020 Alterations or use--Permit required.

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the building inspector. (Ord. 47 §401, 1953).

13.28.030 Permit--Two classes designated--Fees.

There shall be two classes of building sewer permits:

A.    For residential and commercial service; and

B.    For service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the building inspector. A permit and inspection fee of five dollars for a residential or commercial building sewer permit and fifteen dollars for an industrial building sewer permit shall be paid to the city treasurer at the time the application is filed. (Ord. 47 §402, 1953).

13.28.040 Cost borne by owner:

All costs and expense incident to 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. (Ord. 47 §403, 1953).

13.28.050 Public sewer--Use required.

It is unlawful for any person to place, deposit, or permit to be deposited in an insanitary manner upon public or private property within the city, or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or other objectionable waste. (Ord. 47 §201, 1953).

13.28.060 Discharge of waste in unauthorized areas prohibited.

It is unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of said city, any sanitary sewage, industrial wastes, or other polluted waters except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. 47 §202, 1953).

13.28.070 Construction--Compliance with provisions.

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. (Ord. 47 §203, 1953).

13.28.080 Toilet facilities required--Connection with sewer.

The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required at his 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 five years from the effective date of the ordinance codified in this section or thi date of annexation into the city, whichever is later, provided that the public sewer is within three hundred feet of the property line. (Ord. 255 §1, 1982: Ord. 186 §1, 1976: Ord. 47 §204, 1953).

13.28.090 Private disposal required--When.

Where a public sanitary or combined sewer is not available under the provision of Section 13.28.080, the building sewer shall be connected to a private sewage disposal system complying with the provisions of Sections 13.28.090 through 13.28.150. (Ord. 47 §301, 1953).

13.28.100 Private disposal--Permit required.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit from the city council. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the building inspector. A permit and inspection fee of five dollars shall be paid to the city treasurer at the time the application is filed. (Ord. 47 §302, 1953).

13.28.110 Private disposal--Inspection required.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the building inspector. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the building inspector when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty-eight hours of the receipt of notice by the building inspector. (Ord. 47 §303, 1953).

13.28.120 Private dsiposal--Compliance with state provisions.

The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the state of California. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than fifteen thousand square feet. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet. (Ord. 47 §304, 1953).

13.28.130 Public sewer--Use required when available.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 13.28.080, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (Ord. 47 §305, 1953).

13.28.140 Private disposal--Owner maintenance.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. (Ord. 47 §306, 1953).

13.28.150 Interference with additional requirements:

No statement contained in Sections 13.28.090 through 13.28.150 shall be construed to interfere with any additional requirements that may be imposed by the health officer. (Ord. 47, §307, 1953).

13.28.160 Separate sewer for each building:

A separate and independent building sewer shall be provided for each 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 sewer. Where the two buildings are of different ownership a right-of-way for the sewer shall be deeded to the city. (Ord. 47 §404, 1953).

13.28.170 Old sewers connected to new buildings:

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the building inspector to meet all requirements of this chapter. (Ord. 47 §405, 1953).

13.28.180 Specifications.

The building sewer shall be cast iron soil pipe, ASTM specification (A74-42) or equal; vitrified clay sewer pipe, ASTM specification (C13-44T) or equal; cement asbestos pipe and couplings, Federal Specification (SS-P-351) or equal; or other suitable material approved by the city engineer. Joints shall be tight and waterproof. If installed in filled or unstable ground, the building sewer shall be of cast iron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the city engineer. (Ord. 47 §406, 1953).

13.28.190 Size and slope:

The size and slope of the building sewer shall be subject to the approval of the building inspector, but in no event shall the diameter be less than four inches. The slope of such four-inch pipe shall be not less than one-fourth inch per foot. Pipe shall be not less than six inches in diameter where more than one dwelling unit is to use a single service, except that pipe not less than four inches may be used in such case upon the recommendation and approval of the city engineer. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The building sewer shall be laid at uniform grade and in straight alignment in so far as possible. Changes in direction shall be made only with properly curved pipe and fittings. (Ord. 306 §1, 1985: Ord. 47 §407, 1953).

13.28.200 Low drain.

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer. (Ord. 47 §409, 1953).

13.28.210 Excavations to be open trench work:

All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the building inspector. Pipe laying and backfill shall be performed in accordance with ASTM specification (C12-19) except that no backfill shall be placed until the work has been inspected. (Ord. 47 §410, 1953).

13.28.220 Joints and gaskets:

All joints and connections shall be made gastight and watertight.

A.    Cast iron pipe joints shall be firmly packed with oakum or hemp and filled with molten lead, Federal Specification (QQ-L-156), not less than one inch deep. Lead shall be run in one pouring and caulked tight. No paint, varnish, or other coatings shall be permitted on the jointing material until after the joint has been tested and approved.

B.    All joints in vitrified clay pipe or between such pipe and metals shall be made with approved hot-poured jointing material (CPl-2 or equal) or cement mortar as specified below.

1.    Material for hot-poured joints shall not soften sufficiently to destroy the effectiveness of the joint when subjected to a temperature of one hundred sixty degrees Fahrenheit, nor be soluble in any of the wastes carried by the drainage system. The joint shall first be caulked tight with jute, hemp, or similar approved material.

2.    Mortar joints for bell and spigot sewer pipe shall consist of a mixture of one part by weight portland cement to one and one-half parts by weight sand and twentyfive pounds of "Embeco" to each sack (ninety-follr pounds) of portland cement. To the above ingredients thoroughly mixed dry, sufficient clean water shall be added to dampen the mixture so that it will just hold a ball when compressed in the hand.

C.    Gaskets for concrete or vitrified sewer pipe joints shall be oakum dipped in neat portland cement grout and of sufficient length to reach entirely around the pipe. Care shall be taken that no loose ends or fibers of the gasket material are allowed to protrude from the joint and that four-fifths of the depth of the socket is left for the joint mortar. As soon as the gasket is caulked and the pipe secured against movement, the remaining annular space in the pipe bell shall be filled by caulking the mortar specified hereinbefore, with a hardwood stick. Other jointing materials and methods may be used only by approval of the city engineer. (Ord. 47 §411, 1953).

13.28.230 Connecting building and public sewer--"Y" branch.

The connection of the building sewer into the public sewer shall be made at the "Y" branch, if such branch is available at a suitable location. If the public sewer is twelve inches in diameter or less, and no properly located "Y" branch is available, the owner shall at his expense install a "Y" branch in the public sewer at the location specified by the building inspector. Where the public sewer is greater than twelve inches in diameter, and no properly located "y" branch is available, a neat hole may be cut into the public sewer to receive the building sewer, with entry in the downstream direction at an angle of about forty-five degrees. A forty-five degree ell may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made, and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection only when approved by the building inspector. (Ord. 47 §412, 1953).

13.28.240 Connecting building and public sewer--Inspection.

The applicant for the building sewer permit shall notify the building inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the building inspector or his representative. (Ord. 47 §413, 1953).

13.28.250 Excavations--Guarded and lighted.

All excavations for building a 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. (Ord. 47 §414, 1953).

13.28.260 Unpolluted drainage--Discharge to sewer prohibited.

No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer. (Ord. 47 §501, 1953).

13.28.270 Unpolluted drainage--Discharge to approved outlet.

Storm water and all other unpolluted drainage shall be discharged to such drains as are specifically designated as storm sewers, or to a natural outlet approved by the city engineer. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the city engineer, to a storm sewer, or natural outlet. (Ord. 47 §502, 1953).

13.28.280 Prohibited discharge to public sewer--Designated.

Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

A.    Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheiti

B.    Any water or waste which may contain more than one hundred parts per million, by weight, of fat, oil, or grease;

C.    Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

D.    Any garbage that has not been properly shredded;

E.    Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;

F.    Any waters or wastes having a pH lower than five and five-tenths or higher than nine, or having other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works;

G.    Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;

H.    Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

I.    Any noxious or maladorous gas or substance capable of creating a public nuisance. (Ord. 47 §503, 1953).

13.28.285 Fats, oils and grease control program.

The purpose of this section is to establish the wastewater pretreatment requirements for food service establishments (FSEs) and other commercial facilities that discharge fats, oils and grease (FOG) into the city’s sewer collection and conveyance system. The requirements of this section are in addition to all other applicable requirements set forth in this chapter. Additional FOG program requirements are also contained in the city’s FOG program standard conditions, which shall be approved by the city council by resolution. Said FOG program standard conditions may be modified from time to time by the city council by resolution.

A.    Definitions:

1.    "Discharger" means any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer.

2.    "Fats, oils and grease (FOG)" means any substance such as a vegetable or animal product that is used in, or is a byproduct of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.

3.    "FOG control program" means the city’s FOG control program required by and developed pursuant to SWRCB Order No. 2006-0003-DWQ, Sections (D)(13)(iii) and (vii).

4.    "FOG wastewater discharge permit" or "FOG permit" means a permit issued by the city subject to the requirements and conditions established by the city authorizing the permittee or discharger to discharge wastewater into the city’s facilities or into sewer facilities which ultimately discharge into a city facility.

5.    "Food grinder" means any device installed in the plumbing or sewage system for grinding food waste or food preparation byproducts for the purpose of disposing of it in the sewer system.

6.    "Food service establishment (FSE)" means any room, building, or place or portion thereof, located within the boundaries of the city, which is maintained, used or operated by any profit or nonprofit entity for the purpose of storing, preparing, serving, manufacturing, packaging, transporting, salvaging or otherwise handling and distributing food and beverages (including prepackaged items), which has any process or device that uses or produces FOG. Food service establishments shall include, but are not limited to, facilities and activities as defined above which are operated and maintained by restaurants, lunch counters, refreshment stands, bars, schools, hospitals, convalescent/health care homes, community centers, and private or public community clubhouses.

7.    "Grease control device (GCD)" means any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system. "Grease control device" may also include any other proven method to reduce FOG subject to the approval of the city.

8.    "Grease interceptor (gravity grease interceptor)" means a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, underground between a food service establishment and the connection to the sewer system. These devices primarily use gravity to separate FOG from the wastewater as it moves from one compartment to the next.

9.    "Grease trap (hydromechanical grease interceptor)" means a grease control device that is used to serve individual fixtures.

10.    "Kitchen best management practices (BMPs)" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the introduction of FOG to the sewer facilities.

11.    "Manifest" means that receipt which is retained by the generator of wastes for disposing recyclable wastes or liquid wastes as required by the city.

12.    "Permittee" means a person who has received a permit to discharge wastewater into the city’s sewer facilities subject to the requirements and conditions established by the city.

13.    "Sanitary sewer overflow (SSO)" means the unauthorized discharge of wastewater from the city’s designated sewer collection and conveyance facilities.

14.    "Twenty-five percent (25%) rule" means the requirement for grease interceptors to be maintained such that the combined FOG and solids accumulation does not exceed twenty-five percent (25%) of the design hydraulic depth of the grease interceptor. This is to ensure that the minimum hydraulic retention time and required available hydraulic volume are maintained to effectively intercept and retain FOG discharged to the sewer system.

15.    "Waste hauler" means any person licensed to carry on or engage in vehicular transport of waste as part of, or incidental to, any business for that purpose.

B.    FOG Discharge Prohibited: It shall be unlawful for any discharger to discharge FOG or cause FOG to be discharged into the city’s sanitary sewer system. FSEs may not discharge FOG that may accumulate or cause or contribute to blockages in the sewer system or at the sewer system lateral that connects the FSE to the city’s sanitary sewer system. Additional specific FOG discharge prohibitions may be established by the director of public works or designee and such additional prohibitions, if any, shall be as set forth in the city’s FOG program standard conditions.

C.    Grease Control Device Installation Requirements: The GCD shall be adequate to separate and remove FOG contained in the wastewater discharge from the FSE prior to discharge to the city’s sanitary sewer system. Fixtures, equipment, and drain lines located in the food preparation and clean-up areas, which are sources of FOG discharges, shall be plumbed to a GCD. The GCD shall be sized and installed per the California Plumbing Code, as that code may be adopted and amended by the city. Dishwashing machines shall not be connected to a hydromechanical grease interceptor (grease trap).

D.    Grease Control Device--Installation: All new and existing food service establishments (FSEs) shall install, operate, and maintain an approved type and adequately sized grease control device (GCD), such as a hydromechanical grease interceptor (grease trap) or a gravity grease interceptor. These devices must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner on regular intervals to be effective. Grease traps have limited effect and should only be used in those instances where the use of a grease interceptor or other grease control device is determined by the city to be impossible or impracticable.

E.    Grease Control Device--Maintenance:

1.    All GCDs shall be cleaned on a regular basis at the discharger’s expense to ensure efficient operation of the GCD. All gravity grease interceptors shall be cleaned no less than once every ninety (90) days and all hydromechanical grease interceptors shall be cleaned no less than once every seven (7) days. The required cleaning frequency for a GCD may vary for each FSE based on the type of food prepared, volume of food prepared, and GCD size and type. The required cleaning frequency for a GCD will be determined by the city and identified on the FSE’s FOG wastewater discharge permit.

2.    Maintenance of below ground gravity grease interceptors shall be performed only by a licensed pumping service at the discharger’s expense. Smaller hydromechanical grease interceptors may be cleaned by a licensed pumping service or by FSE staff.

3.    The discharger shall maintain the following records on site for a period of three (3) years:

a.    GCD cleaning and maintenance records.

b.    Grease barrel waste manifests.

F.    Food Grinders Prohibited: No food grinder may be installed in the plumbing system of any new construction of an FSE. All food grinders existing as of the effective date of the ordinance codified in this section shall be removed from existing FSEs by July 1, 2019.

G.    FOG Wastewater Discharge Permit Required:

1.    FOG permit holders may be assessed an initial and annual fee to cover actual costs associated with the treatment of wastewater containing chemical constituents not generally present in domestic wastewater discharges, as well as the costs for permitting, inspection, sampling, monitoring, and other implementation activities. FOG permit and program fees shall be in the amount adopted by resolution by the city council.

2.    Effective July 1, 2019, all FSEs must complete a FOG permit application and obtain a FOG wastewater discharge permit from the city at the time an FSE applies for or renews its annual business license from the city.

3.    Notwithstanding subsection G2 of this section, effective July 1, 2019, no certificate of occupancy for any new construction or occupancy may be issued to an FSE unless the FSE has obtained a FOG permit from the city and complied with the provisions of this section.

4.    Dischargers may be granted a variance if an FSE is determined by the city to have negligible FOG discharge and insignificant adverse impact on the city’s sanitary sewer system.

5.    Any discharger proposing to change the volume or characteristics of an existing discharge shall request authorization from the city’s director of public works or designee as to whether a new or amended FOG permit application is required. If the proposed change requires an amendment to a current FOG permit or requires a different type of FOG permit be issued, the discharger shall apply to the city for the appropriate FOG permit within thirty (30) days of receiving notification from the city of such requirement.

6.    The issuance by the city of a FOG permit may contain any or all of the following conditions or limits:

a.    Limits on discharge of FOG.

b.    Requirements for proper operation and maintenance of GCDs.

c.    Requirements for implementation of best management practices.

d.    Requirements for maintaining records, including, but not limited to, cleaning logs and waste manifests.

e.    Requirements for the FSE to install, operate, and maintain a GCD at its own expense.

Additional conditions and limitations may be established by the city to protect the city’s sanitary sewer system, remain in compliance with regulatory agency requirements, and/or ensure the FSE remains in compliance with the requirements of this section.

7.    FOG permits are issued to a specific discharger for a specific operation. A FOG permit shall not be reassigned, transferred, or sold to a new owner, a new discharger, different premises, or a new or changed operation.

8.    Any discharger who violates any of the provisions of this section, of applicable state and federal regulations, of the city’s FOG program standard conditions, or of any of the following conditions may be subject to FOG permit revocation:

a.    Failure to factually report the wastewater constituents and characteristics of discharge.

b.    Failure to maintain maintenance records on site.

c.    Failure to report significant changes in operations or wastewater constituents and characteristics.

d.    Refusal of reasonable access by the city to the discharger’s premises for the purposes of inspection or monitoring.

e.    Refusal of reasonable access by the city to the discharger’s GCD, which can include requiring the discharger’s staff to open the GCD and inspecting the grease and solids build-up in the GCD.

f.    Such additional grounds for revocation as set forth in the city’s FOG program standard conditions.

H.    Enforcement: The director of public works shall enforce the city’s FOG control program, the requirements of this section, and the requirements of the city’s FOG program standard conditions. Enforcement procedures shall be as set forth in the city’s FOG program standard conditions.

I.    Noncompliance Fee: Any discharger determined by the city to be in noncompliance with the terms and conditions specified in this section shall pay to the city a noncompliance fee to compensate the city for costs of additional inspections and follow-up, sampling, monitoring, laboratory analysis, treatment, disposal, and administrative processing incurred as a result of the noncompliance. Such noncompliance fee shall be in addition to, and not in lieu of, any penalties or other charges that may be assessed in accordance with this section. Noncompliance fees may be tiered based on the type, gravity, or number of occurrences of the offense. Noncompliance fees shall be assigned in accordance with section 1.12.010: Violation--Penalty, as follows:

Part C: Any person convicted of an infraction for violation of an ordinance of the city is punishable by:

1.    A fine not exceeding one hundred dollars ($100.00) for a first violation;

2.    A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year;

3.    A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year.

Part D: Any person causing or permitting a violation of this code shall be regarded as committing a separate offense on each day that the violation occurs or continues.

J.    City Cost Recovery Charge:: Any discharger determined by the city to have caused a discharge of wastewater which obstructs, damages or impairs the city’s wastewater treatment plant or city sewer system, the city may assess a charge against the discharger in an amount equal to the cost to the city of work required to clean or repair the facility or system and for payment of any associated penalties from state or local regulators. Any such cost recovery charge shall be in addition to any noncompliance fees or penalties that may be assessed in accordance with this section. The amount of any cost recovery charge shall be as determined by the city’s director of public works or designee. (Ord. 539 §2(part), 2019).

13.28.290 Grease, oil and sand interceptors.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the city’s director of public works or designee, they are necessary for the proper handling of liquid wastes containing grease in excessive amount, or any flammable wastes, sand, and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city’s director of public works or designee, and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight. (Ord. 539 §2(part), 2019: Ord. 47 §504, 1953).

13.28.300 Grease, oil and sand interceptors--Maintained by owner.

Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. (Ord. 539 §2(part), 2019: Ord. 47 §505, 1953).

13.28.310 Discharge--Preliminary.

The admission into the public sewers of any waters or wastes having:

A.    A five-day biochemical oxygen demand greater than three hundred parts per million by weight; or

B.    Containing more than three hundred fifty parts per million by weight of suspended soilds; or

C.    Containing any quantity of substances having the characteristics described in Section 13.28.280; or

D.    Having an average daily flow greater than two percent of the average daily sewage flow of the city, shall be subject to the review and approval of the city engineer. Where necessary in the opinion of the city engineer, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:

1.    Reduce the biochemical oxygen demand to three hundred parts per million and the suspended solids to three hundred fifty parts per million by weight, or

2.    Reduce objectionable characteristics or constituents to within the maximum limits provided for in section 13.28.280, or

3.    Control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the city engineer and of the Water Pollution Control Commission of the state of California, and no construction of such facilities shall be commenced until said approvals are obtained in writing. (Ord. 47 §506, 1953).

13.28.320 Preliminary treatment facilities--Maintained by owner.

Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (Ord. 47 §507, 1953).

13.28.330 Manhole--Maintained by owner.

When required by the city engineer, the owner of any property served by a building sewer carrying industrial 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 city engineer. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 47 §508, 1953).

13.28.340 Tests and analyses--Determination.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in Sections 13.28.280 and 13.28.310 shall be determined in accordance with "Standard Methods for the Examination of Water and Sewage," and shall be determined at the control manhole provided for in Section 13.28.330, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. (Ord. 47 §509, 1953).

13.28.350 Special agreements for treatment:

No statement contained in Sections 13.28.260 through 13.28.350 shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industrial concern. (Ord. 47 §510, 1953).

13.28.360 Tampering with equipment--Penalty.

No unauthorized person shall maliciously" willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Ord. 47 §601, 1953).

13.28.370 Powers and authority of inspectors:

The building inspector, city engineer and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling, and testing, in accordance with the provisions of this chapter. (Ord. 47 §701, 1953).

13.28.380 Violation--Penalties.

Any person found to be violating any provision of this chapter except Section 13.28.360 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (Ord. 47 §801, 1953).

13.28.390 Misdemeanor--Separate offense.

Any person who shall continue any violation beyond the time limit provided for in Section 13.28.380 shall be guilty of a misdemeanor, and upon conviction thereof, punishable by a fine in an amount not exceeding two hundred dollars for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. (Ord. 47 §802, 1953).

13.28.400 Violation--Liability.

Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation. (Ord. 47 §803, 1953).


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    For statutory provisions on sewerage systems, see Health & Safety Code §5470, et seq.; for provisions authorizing cities to construct and maintain drains and sewers, see Gov. Code §38900.