Chapter 13.52 NONDOMESTIC WASTEWATER SOURCE CONTROL PROGRAM

A. Establish uniform requirements for nondomestic discharges into the wastewater interceptor, treatment and disposal system used and owned jointly with other public entities as parties to the certain joint exercise of powers agreement entitled “An Agreement Creating the Sewer Authority Mid-Coastside,” dated February 3, 1976, as amended, whereby there was established the Sewer Authority MidCoastside (herein, Authority), by and between the Montara Sanitary District, Granada Sanitary District and the city of Half Moon Bay;

B. Provide for and regulate the disposal of nondomestic wastewater into the sanitary sewer system of the agency in such a manner and to such extent as may be reasonably necessary to maintain and to increase the ability of such system to handle and dispose of nondomestic wastewater without decreasing the ability of such system to handle and dispose of all sanitary sewage;

C. Improve opportunities to recycle and reclaim treated effluent and wastewater sludge;

D. Protect the physical structures of said sanitary sewer system and the efficient functioning of its component parts;

E. Protect the agency and Authority, and their personnel, and preserve and protect the health, safety and comfort of the public;

F. Comply with all applicable laws, rules, regulations and orders of the state of California and of the United States, including but not limited to, 40 CFR 403;

G. Provide for the assessment and collection of various fees and other charges reasonably necessary for the implementation, administration and enforcement of the nondomestic wastewater source control program;

H. Delegate to Authority certain duties and responsibilities as set forth in this chapter. (Ord. 9-94 §2(part), 1994).

13.52.020 Definitions.

A. General.

1. Words, phrases or terms not specifically defined in this section, and having a technical or specialized meaning shall be defined as set forth in the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.

2. References to waste constituents and characteristics shall have the meanings ascribed thereto in the aforesaid “Standard Methods for the Examination of Water and Wastewater,” and measurements thereof shall be as set forth in such publication, or as established by federal or state regulatory agencies.

B. Specific definitions. The following words or phrases wherever used in this chapter shall have the following meanings unless the context otherwise requires:

“Ammonia” means that form of nitrogen in the tri-negative oxidation state which is chemically definable as a compound.

“Biochemical oxygen demand” means the quantity of oxygen expressed in parts per million by weight, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five consecutive days at a temperature of 20.0×C.

“Building sewer” means a sewer conveying wastewater from the premises of a discharger to the sanitary sewer system.

“Categorical standards” means national pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a publicly owned treatment works by existing or new industrial dischargers in specific industrial subcategories established as separate regulations under the appropriate sub-part of 40 Code of Federal Regulations, Chapter I, Subchapter N. These standards, unless specifically noted otherwise, shall be in addition to the general prohibitions established in Article II of this chapter.

“Commercial discharger” means any discharger who is neither a residential discharger nor an industrial discharger.

“Compatible pollutant” means biochemical oxygen demand, suspended.solids, pH and fecal coliform bacteria, additional pollutants identified in Authority’s National Pollutant Discharge Elimination System (NPDES) permit, or of any amendments thereto, and such other pollutants as may be designated by Authority upon a finding by the manager that such pollutants are substantially treated and removed by the sanitary sewer system.

“Contamination” means an impairment of the quality of the waters of the agency or state by waste to a degree which creates a hazard to the public health. Contamination shall include any equivalent effect resulting from the disposal of wastewater whether or not waters of the agency or state are affected thereby.

“Discharger” means any person who discharges, causes or permits the discharge of wastewater into the sanitary sewer system.

“Domestic source” means any residential or commercial discharger which only discharges domestic wastewater.

“Domestic wastewater” means wastewater from a residential or commercial discharger which does not exceed the domestic wastewater maximum allowable concentration limits and does not contain prohibited wastewater as defined in Article II of this chapter.

Domestic Wastewater--Maximum Allowable Concentration Limits: All values except settleable solids and pH are expressed in mg/L(*).


Constituent	Concentration
Solids, total	1200
Dissolved, total	850
Fixed	525
Volatile	325
Suspended, total	350
Fixed	75
Volatile	275
Settleable solids, mL/L-hr	20
Biochemical oxygen demand,
5-day, 20ºC	400
Total Organic Carbon (TOC)	290
Chemical Oxygen Demand (COD)	1000
Nitrogen (total as N)	85
Organic	35
Free Ammonia	50
Nitrites	0
Nitrates	0
Phosphorus (total as P)	15
Organic	5
Inorganic	10
Chlorides	350
pH	6 to 9
Oil and grease (animal or
vegetable origin)	200
Oil and grease (mineral or
petroleum origin)	100


(*)	mg/L = g/m3
Note:	1.8 x (°C) + 32 = °F.

“Fee” means a rental or other fee established pursuant to this chapter for services and facilities furnished by or on behalf of the agency to any premises in order to carry out the terms of this chapter.

“Garbage” means solid waste from the preparation, cooking and dispensing of foods, and from the handling, storage and sale of produce.

“Grease” means grease, oil, fat or other ether soluble matter, and shall include each of the following two types:

A. Dispersed grease, which means grease which is not floatable grease;

B. Floatable grease, which means grease which floats on the surface of quiescent sewage water or other liquid or which floats upon dilution of the liquid with water.

“Holding tank waste” means any waste from sewage or waste disposal holding tanks such as are associated with vessels, chemical toilets, campers, trailers, motor homes, septic tanks and vacuum pump tank trucks.

“Incompatible pollutant” means any pollutant which is not a compatible pollutant.

“Industrial discharger” means any discharger identified in the Standard Industrial Classification (SIC) Manual, prepared and published by the Executive Office of Management and Budget of the United States, classified within divisions A, B, D, E and I therein, the wastewater of which has any one or more of the following characteristics: (1) a flow of one thousand gallons or more per average work day; (2) a flow or pollutant loading greater than five percent of the design capacity of Authority’s wastewater treatment plant; (3) contains toxic pollutants in amounts defined in standards issued pursuant to Section 307(a) of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500; 33 U.S.C. 1151, et seq.); (4) produces a significant impact (determined by the manager) either individually or in combination with other contributing industries, on the sanitary sewer system, or upon the quality of effluent from the sanitary sewer system; (5) adopted categorical standards; or (6) constitutes a nondomestic waste.

“Industrial discharger classification” means classification of dischargers based upon classifications set forth in the Standard Industrial Classification (SIC) Manual, 1972 edition, prepared and published by the Executive Office of Management and Budget of the United States, as amended and supplemented, under the following divisions:

1. Division A -- Agricultural, forestry and fishing;

2. Division B -- Mining;

3. Division D -- Manufacturing;

4. Division E -- Transportation, communications, electric, gas and sanitary;

5. Division I -- Service.

“Industrial wastewater” means the wastewater from the production, manufacturing or processing operations of any industrial discharger, where wastewater is used for the removal of wastes other than domestic waste from the premises.

“Interference” means an inhibition or disruption of the sanitary sewer system, the wastewater treatment process or operation, or the sewage sludge removal or disposal process, which causes or significantly contributes either to a violation of Authority’s NPDES permit or to the prevention of sewage sludge being disposed of by Authority in accordance with applicable state and federal statutory provisions and regulations or permits issued thereunder.

“Manager” means the manager of Authority, or his/her designee, including, but not limited to, duly authorized personnel of the Authority.

“Mass emission rate” means the weight of material discharged to the sanitary sewer system during a specified time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular waste constituent or combination of constituents.

“Nondomestic source” means any residential or commercial discharger which discharges or could potentially discharge nondomestic wastewater, and any industrial discharger.

“Nondomestic wastewater” means wastewater from a residential or commercial discharger which exceeds domestic wastewater maximum allowable concentration limits as defined in this section, prohibited wastewater as defined by Article II of this chapter, or wastewater from an industrial discharger.

“Pass-through” means the discharge of pollutants through the sanitary sewer system into navigable waters in quantities or concentrations which cause or significantly contribute to violation of Authority’s NPDES permit.

“Permit (or nondomestic wastewater source control permit)” means a permit issued hereunder in order to implement and enforce the nondomestic wastewater source control program herein established.

“Permitted discharge standards” means standards established by the Authority specifying qualities or concentrations of pollutants or pollutant properties which may be discharged into the sanitary sewer system by a nondomestic source.

“Permittee” means any discharger required to have a NDWSCP permit.

“Person” means any individual, firm, company, partnership, association, private corporation, public corporation or governmental entity, authority or agency, and the officers, agents or employees of such organizations.

“pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

“Pollutant” means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

“Pollution” means an alteration of the quality of the waters of the agency or state by waste to a degree which unreasonably affects such waters. The term pollution may also include contamination.

“Premises” means a parcel of land, or portion thereof, including any improvements thereon, which is directly or indirectly connected to the sanitary sewer system. Each dwelling unit of a duplex, apartment or any other multifamily residence shall be deemed a separate premises. Subject to the provisions of this paragraph, the agency shall determine what constitutes a premises.

“Priority pollutants” means all pollutants as defined by the “General Pretreatment Regulations” of the Environmental Protection Agency, found at 40 CFR 401 and 403, as the same may be amended from time to time.

“Requirement of law” or “other requirements of law” means any pertinent provision of the Federal Water Pollution Control Act as amended by the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500, 33 U.S.C. 1151 et seq.), or of any statute, ordinance, rule, regulation, order, directive, or of Authority’s National Pollutant Discharge Elimination System (NPDES) permit, or of any amendments thereto.

“Residential discharger” means any discharger from a residential dwelling.

“SAM” means the Sewer Authority Mid-Coastside, a public entity established by that certain agreement entitled “An Agreement Creating the Sewer Authority Mid-Coastside,” dated February 3, 1976, and any successor entity thereof.

“Sanitary sewer system” means all sewers, treatment plants and other facilities., including the agency’s share of Authority’s interceptor, treatment and disposal system, owned by the agency, or operated by the agency, or on its behalf by the Authority, for carrying, collecting, pumping, treating and disposing of sanitary sewage and industrial wastewater.

“Sewage treatment plant” means the arrangement of devices and structures for treating sanitary sewage owned and operated by the Authority.

“Sewer” means a pipe or conduit for carrying sewage.

“Standard methods” means the examination and analytical procedures for industrial waste set forth in the most recent edition of “Standard Methods for the Examination of Water, Sewage, and Industrial Waste” published jointly by the American Public Health Association and the Water Pollution Control Federation. All analytical measurements shall be in conformity with such Standard Methods or Environmental Protection Agency recommended procedures, and shall be performed by a laboratory certified by the California Department of Health Services.

“Storm waters” means the flow in sewers resulting from rainfall.

“Suspended solids” means solids that either float on the surface of, or are in suspension in, water, sewage or liquids.

“Unpolluted water” means water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the agency or Authority for disposal to storm or natural drainages, or directly to surface waters.

“Waste” means sewage and any and all waste substances, whether liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal.

“Wastewater” means waste and water, whether treated or untreated, discharged into, or permitted to enter into the sanitary sewer system.

“Wastewater constituents and characteristics” means the individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate, and such other parameters that serve to define, classify or measure the contents, quality, quantity or strength of wastewater.

“Waters of the agency or state” means any water, whether surface, underground, and whether saline or nonsaline, within the boundaries of the agency, or within the boundaries of the agency and flowing into, touching or otherwise combined with waters outside the limits of the agency but within the boundaries of the state. (Ord. 9-94 §2(part), 1994).

13.52.030 Nondomestic wastewater source control program.

The ordinance codified in this chapter and similar documents to be adopted by the Authority and the other public agency members thereof, establishes the nondomestic wastewater source control program (the “NDWSCP”).

There are two categories of dischargers addressed in this chapter, to wit:

A. Domestic Source. If residential or commercial discharger does not exceed the domestic wastewater maximum allowable concentration limits and does not discharge a prohibited wastewater, then the discharger will be classified as a domestic source and a permit is not required pursuant to the provisions of this chapter.

B. Nondomestic Source.

1. If a residential or commercial discharger exceeds domestic wastewater maximum allowable concentration limits or discharges or could potentially discharge a prohibited wastewater, then the discharger will be classified as a nondomestic source, and a permit will be required pursuant to the provisions hereof.

2. Any industrial discharger is, by definition, a nondomestic source and is required to obtain a permit pursuant to the provisions hereof.

D. The chart below illustrates the relationship of domestic and nondomestic sources to residential, commercial and industrial dischargers.


	Domestic Source	Nondomestic Source
Residential Discharger	X	X *
Commercial Discharger	X	X *
Industrial Discharger	X

* Only if discharger exceeds or could potentially exceed domestic wastewater maximum allowable concentration limits, or discharges or could potentially discharge a prohibited waste.

(Ord. 9-94 §2(part), 1994).

ARTICLE II. PROHIBITIONS

13.52.040 General prohibitions.

No person shall, and it is unlawful to, discharge wastes into the sanitary sewer system which cause, threaten to cause or are capable of causing, either alone or by interaction with other substances:

A. A fire or explosion;

B. Obstruction of flow in, or injury to, the sanitary sewer system, or any portion thereof;

C. Danger to life or safety of persons;

D. Conditions inhibiting or preventing the effective maintenance or operation of the sanitary sewer system;

E. Strong or offensive odors, air pollution, or any noxious, toxic or malodorous gas or substance, or gas-producing substances;

F. Interference with the wastewater treatment process or overloading of the sanitary sewer system, or excessive collection or treatment costs, or use of a disproportionate share of the capacity of the sanitary sewer system;

G. Interference with any wastewater reclamation process which does or may operate in conjunction with the sanitary sewer system, or overloading or a breakdown of such process, or excessive reclamation costs, or any product of the treatment process which renders such reclamation process impracticable or not feasible under normal operating conditions;

H. A detrimental environmental impact, or a nuisance wherever located, or a condition unacceptable to any public agency having regulatory jurisdiction over operation of the sanitary sewer system;

I. Discoloration, or any other adverse condition in the quality of the effluent from the sanitary sewer system such that receiving water quality requirements established by any statute, rule, regulation, ordinance or permit condition cannot be met by the agency or Authority;

J. Conditions at or near the sanitary sewer system, or any portion thereof, which cause, or may cause, the agency or Authority to be in violation of the requirements of law;

K. Pollutants introduced into the sanitary sewer system which pass through or cause an interference with the operation or performance of the sanitary system. (Ord. 9-94 §2(part), 1994).

13.52.050 Storm drainage and groundwater.

No person shall, and it is unlawful to, discharge, cause to be discharged or permit to be discharged, any storm water, groundwater, rainwater, street drainage, subsurface drainage or yard drainage, either directly or indirectly into the sanitary sewer system, unless a permit therefor is issued by the Authority. Authority may issue such permit only upon a finding by the manager that no reasonable alternative method of disposal of such water is available and upon authorization of the agency. (Ord. 9-94 §2(part), 1994).

13.52.060 Unpolluted water.

No person shall, and it is unlawful to, discharge, cause to be discharged or permit to be discharged any unpolluted water, including, but not limited to, cooling water, process water or blow-down water from cooling towers or evaporative coolers, either directly or indirectly into the sanitary sewer system, unless a permit therefor is issued by the Authority and upon authorization of the agency. (Ord. 9-94 §2(part), 1994).

13.52.070 Garbage grinders.

No person shall, and it is unlawful to, discharge, cause to be discharged or permit to be discharged waste from garbage grinders into the sanitary sewer system, provided, however, that:

A. Waste generated in preparation of food normally consumed on the premises which cannot be disposed of as solid waste may be so discharged;

B. Except as provided in subsection A of this section, discharge from a garbage grinder may only be made pursuant to a permit issued by the Authority;

C. No food waste disposal unit shall be connected to or discharged into any grease trap or grease interceptor. Garbage grinders from which wastes are permitted under either subsection A or B of this section, shall be of such design and capacity to shred wastes used therein such that all waste particles shall be carried freely under normal flow conditions into and through the sanitary sewer system. (Ord. 9-94 §2(part), 1994).

13.52.080 Point of discharge.

No person shall, and it is unlawful to, discharge, cause to be discharged or permit to be discharged any wastes or wastewater, or any object, material or other substance directly into a manhole or other opening in the sanitary sewer system other than wastes or wastewater through an approved building sewer; provided, however, that wastes or wastewater may be discharged into the sanitary sewer system by means other than through an approved building sewer pursuant to a permit therefor issued by the Authority and upon authorization of the agency. (Ord. 9-94 §2(part), 1994).

13.52.090 Holding tank waste.

No person shall, and it is be unlawful to, discharge, cause to be discharged or permit to be discharged any holding tank waste into the sanitary sewer system; provided, however, that:

A. Such discharges may be made into facilities designed to receive such wastes and approved by the Authority;

B. Such discharges shall be made pursuant to a permit issued therefor by the Authority and authorized by the agency. Unless otherwise provided by the Authority and authorized by the agency, a separate permit shall be required for each separate holding tank waste discharge. (Ord. 9-94 §2(part), 1994).

13.52.100 Radioactive wastes.

No person shall, and it is unlawful to, discharge, cause to be discharged or permit to be discharged, any radioactive waste into the sanitary sewerage system, provided, however, that:

A. 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 current California radiation control regulations (California Administrative Code, Title XVII, Ch. 5, Sub. Ch. 4, Group 3, Art. 5) and federal regulations and recommendations for such disposal of such wastes; and

B. The person so discharging radioactive waste does so in compliance with all applicable rules and regulations of all other regulatory agencies; and

C. A permit has been issued therefor by the Authority and authorized by the agency. (Ord. 9-94 §2(part), 1994).

13.52.110 Water softening waste.

Any discharge from any water conditioning device equipment or system serving an industrial discharger, commercial discharger or planned unit development of five or more residential dwellings and which discharges salts or dissolved salts or solids into the sanitary sewer system is prohibited unless a permit therefor is issued by the Authority and upon authorization of the agency. (Ord. 9-94 §2(part), 1994).

13.52.120 Wastewater strength.

No person shall, and it is unlawful to discharge, cause to be discharged or permit to be discharged into the sanitary sewer system, any wastewater containing any of the following constituents in excess of the maximum allowable amounts established in this section therefor:

A. 0.10 mg/1 Arsenic;

B. 0.11 mg/1 Cadmium;

C. 2.77 mg/1 Chromium;

D. 3.88 mg/1 Copper;

E. 0.69 mg/1 Lead;

F. 0.010 mg/1 Mercury;

G. 3.98 mg/1 Nickel;

H. 0.43 mg/1 Silver;

I. 2.61 mg/1 Zinc; or

J. 1.20 mg/1 Cyanide;

K. 5.0 mg/1 Phenolic compounds (non-chlorinated);

L. 1.20 mg/1 Chlorinated Phenolics;

M. 0.72 µg/1 Aldrin and Dieldrin;

N. 1.08 µg/1 Chlordane and related compounds;

O. 0.36 µg/1 DDT and Derivatives;

P. 0.72 µg/1 Endrin;

Q. 1.44 µg/1 HCH;

R. 1.08 µg/1 PCBs;

S. 2.52 g/1 Toxaphene. (Ord. 9-94 §2(part), 1994).

13.52.130 Additional limitations.

No person shall, and it is unlawful to, discharge, cause to be discharged or allow to be discharged into the sanitary sewer system:

A. Any wastewater or any part thereof, any liquid, solid, vapor, gas or thing having or developing a temperature of 150ºF (65ºC) or more, or which may cause the temperature at the sewage treatment plant to exceed 104ºF (40ºC);

B. Any wastewater or other waste containing more than ±200 mg/1 of oil or grease of animal or vegetable origin;

C. Any wastewater or other waste containing more than 100 mg/1 of oil or grease of mineral or petroleum origin;

D. Any wastewater or other waste containing a pH lower than 6.0 or having a corrosive property capable of causing damage or hazard to structures or equipment of the sanitary sewer system or any portion thereof;

E. Any sand, grit, straw, metal, glass, rags, feathers, paper, tar, plastic, wood, leaves, garden clippings, manure, dead animals, offal or any other solid or viscous substance capable of causing obstruction to the flow in the sanitary sewer system, or which in any way interferes with the proper operation of the sanitary sewer system;

F. Any wastewater or other waste containing a toxic or poisonous substance, not otherwise specifically prohibited in this chapter, in sufficient quantities to constitute a hazard to humans or animals, or to create a hazard in the sanitary sewer system, or to injure or interfere with the operation thereof;

G. Any wastewater containing suspended solids, not otherwise specifically prohibited under the provisions of this chapter, the characteristics or quantity of which require unusual attention, treatment or expense in handling or treating such material in the sanitary sewer system, or any portion thereof;

H. The use of diluting waters to meet the requirements or limitations on wastewater strength of this section or Section 13.52.120 is prohibited. (Ord. 9-94 §2(part), 1994).

13.52.140 Specific discharger limitations.

Notwithstanding the limitations upon the characteristics or quantity of wastewater discharged, caused to be discharged or permitted to be discharged into the sanitary sewer system pursuant to this article, Authority may, in connection with the issuance of permits pursuant to the provisions of Article IV of this chapter, establish additional or different specific limitations on wastewater strength upon a finding by the Authority, that:

A. The limitations set forth in this article may not be sufficient to protect the operation of the sanitary sewer system, or any portion thereof, or that the waste or wastewater proposed to be discharged otherwise constitutes a hazard to, or an unreasonable burden upon, such operation or otherwise causes or significantly contributes to violation of Authority’s NPDES permit;

B. The limitations set forth in this article may be unreasonably restrictive when applied to a specific industry; imposing a less stringent limitation will not cause or contribute to violation of any state or federal requirement of law; and the less stringent limitation will not result in a pass through, interference or sludge contamination violation; or

C. State or federal pretreatment standards are established more stringent than the standards set forth in this article; or

D. Specific standards have been established by the state or federal government for a specific category of industrial discharger, more stringent than the standards set forth by this article, which would supersede the limitations set forth in this article, with respect to such category. (Ord. 9-94 §2(part), 1994).

ARTICLE III. PERMITS, REPORTS AND ADMINISTRATION

13.52.150 Permits.

A. It is unlawful for any person to discharge nondomestic wastewater into the sanitary sewer system without first obtaining a permit from the Authority. A permit must be obtained by existing nondomestic wastewater dischargers within one hundred eighty days of the effective date of the ordinance codified in this chapter. Any person proposing to discharge nondomestic wastewater must obtain a permit from the Authority prior to discharge of nondomestic wastewater into the sanitary sewer system.

B. The agency shall require all applicants for other than a residential connection permit to complete a NDWSCP permit application form and provide a copy to the manager. If the manager determines that a permit is required, the applicant must obtain a permit from the Authority and show proof of such permit to the agency prior to the issuance of a sewer connection permit.

C. Permits required or authorized pursuant to the provisions of this article shall be subject to reasonable fees and conditions determined necessary or appropriate by the Authority and the agency in order to carry out the provisions of, and ensure compliance with, this chapter, or of any other requirements of law. No such permit shall be issued by the Authority until all applicable fees and charges established pursuant to this chapter have been paid.

D. Fees shall include a nonrefundable permit application fee and, if necessary, a permit application review deposit fee. The permit application review deposit fee will be based on services to be rendered in implementing the permit. Such services are identified in Section 13.52.250. Part or all of the permit application review deposit fee may be refunded to the applicant if some or all of the services considered in establishing the deposit fee are not performed. The amount of deposit may be increased if additional services are required by the Authority or the agency to implement the permit. (Ord. 9-94 §2(part), 1994).

13.52.160 Application for permit.

A. A written application for a permit must be completed by:

1. Any industrial discharger and any person proposing to discharge industrial waste;

2. Any residential or commercial discharger discharging wastewater which may exceed the domestic wastewater maximum allowable concentration limits or which may be prohibited waste, as defined in Article II of this chapter, and any person proposing to do so.

3. All applicants for a nonresidential sewer connection permit.

B. In the case of residential and commercial dischargers, this application will be used to determine if the discharger is a domestic source or a nondomestic source, as defined in this chapter. (Industrial dischargers are, by definition, nondomestic sources).

C. The application shall be in writing in such form as the manager shall require, shall be submitted to the manager, and shall set forth the following:

1. The name and address of the applicant;

2. The name and address of the discharging facility including the name of the operator and owners;

3. The name and address of the property owner, if other than the owner of the discharging facility;

4. List of any environmental control permits held by or for the facility;

5. A brief description of the nature, average rate of production and standard industrial classification of the operation(s) carried out by the discharger;

6. Flow measurement showing the average daily and maximum daily flow from each process stream;

7. Wastewater constituents and characteristics, including, but not limited to, those categories thereof described in Article II of this chapter, the presence and amount of which shall be determined by a state-approved laboratory competent to test and describe such constituents and characteristics, and approved by the manager;

8. The time, duration and volume of the proposed wastewater discharge;

9. The average and daily peak wastewater flow rates proposed to be discharged, including weekly, monthly and seasonal variations, if any;

10. The numbers of employees per shift and shift schedules;

11. Hours of operation;

12. Site plans, floor plans, mechanical and plumbing plans, in detail necessary or appropriate to show and to describe all sewers and appurtenances by size, location and elevation;

13. A description of the activities, facilities and plant processes conducted, or proposed to be conducted on the premises, including, but not necessarily limited to, all materials manufactured, fabricated or processed, and the types of materials which are or could be discharged into the sanitary sewer system;

14. Identification of permitted discharge standards applicable to each process and type of product;

15. A statement, reviewed by an authorized representative of the discharger and certified to be a qualified professional in the field of wastewater pretreatment, indicating whether permitted standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the discharger to meet the permitted discharge standards and requirements;

16. If additional pretreatment and/or O and M will be required to meet the permitted discharge standards, the schedule by which the industrial discharger will provide such additional pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable permitted discharge standard;

17. Such other information deemed necessary by the manager to determine the effect upon the sanitary sewer system of the proposed discharge or activities related thereto, or otherwise reasonably necessary to enable the manager to carry out the provisions of this chapter or any other requirements of law.

D. Upon evaluation and approval of all pertinent data and information, the manager shall determine whether or not the applicant is a nondomestic source. If the applicant is determined to be a nondomestic source, the manager shall issue a permit, subject to terms and conditions required or authorized under the provisions set out in this chapter. The agency shall be notified of all permits issued. (Ord. 9-94 §2(part), 1994).

13.52.170 Permit conditions.

A. Permits authorized under this article shall be subject to all provisions and requirements set out in this chapter, and to all other requirements of law.

B. Permits authorized under this article may include any or all of the following:

1. The allowable average and maximum wastewater constituents and characteristics thereof permitted to be discharged into the sanitary sewer system (the permitted discharge standards);

2. Limitations upon time and rate of wastewater discharge, or requirements for flow regulations and equalization thereof;

3. Requirements for the installation and maintenance of inspection, sampling or testing facilities;

4. Pretreatment requirements, including device specifications and maintenance schedule;

5. Specifications for monitoring programs which may include, but shall not necessarily be limited to, sampling locations, frequency and method of sampling, number, types and standards for tests, and reporting schedule;

6. Requirements for submission of wastewater discharge reports;

7. Requirements for maintaining plant records relating to the wastewater discharge as specified by the manager, and providing for access of the manager thereto; provisions that such records shall be made available for copying and inspection;

8. The mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants are proposed to be discharged into, or are present in, the discharger’s wastewater discharge;

9. Compliance schedules;

10. Requirements for notifying the manager of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater stream;

11. Requirements and plans for protection against accidental discharge;

12. Requirements for notification of accidental discharge;

13. Requirements for notification of change of any information applicable to the permit or permit application;

14. Such other conditions, requirements or provisions deemed appropriate by the manager to ensure compliance with the provisions of this chapter or other requirements of law. (Ord. 9-94 §2(part), 1994).

13.52.180 Duration of permits.

A. A permit authorized under this article shall be effective for the period described therein, but, in any event, for no longer than three years. Such period described in the permit may be for a term less than a year, may be expressed in years or may be stated to expire on a specific date.

B. A permit shall expire at twelve midnight of the last day of the term specified in the permit, unless the manager gives written notice to the permittee of the termination thereof on an earlier date, in which case a new permit shall be required subject to the provisions of this chapter. Issuance of a new permit will be subject to a permit renewal fee.

C. A permittee shall notify the manager in the event of any change in the information previously supplied on the permit application form. In the event any such change could alter the permittee’s quality or quantity of discharge, the permittee shall notify the manager in writing of such proposed change or changes at least thirty days prior to the making of such change or changes. Failure to do so shall be deemed a violation of this chapter.

D. Every permit shall be subject to modification, amendment or other change by Authority during the term thereof, as determined necessary by the manager, in order to obtain compliance by the discharger with the requirements of this chapter, or other requirements of law. To the extent practicable, the manager shall give written notice to a permittee of any proposed modifications, changes or amendments to the discharger’s permit not less than thirty days prior to the effective date of such change, modification or amendment. To the extent reasonably necessary or appropriate, the manager may specify a time schedule for compliance with any new conditions, provisions or requirements established by modification, change or other amendment to a permit.

E. Permittees must retain all records and documentation pertinent to permit monitoring, sampling, etc., for no less than five years. (Ord. 9-94 §2(part), 1994).

13.52.190 Nonassignabilitv of permit.

A. A permit shall be personal to each permittee, and shall relate only to the use or operation described therein.

B. No person shall, and it shall be unlawful to, assign, reassign, transfer, sell, lease, sublet or otherwise transfer a permit, or any interest therein, to any person other than the permittee, or to use, cause to be used or permit to be used, such permit in connection with a different premises, a different operation than that specified in such permit or a new expanded, modified operation. (Ord. 9-94 §2(part), 1994).

13.52.200 Refusal to issue permit.

The manager may refuse to issue a permit if any one or more of the following conditions exist:

A. The application is not accompanied by the appropriate fee;

B. The application for a permit contains misleading or false information;

C. The issuance of the permit would result in the endangerment of public health or safety;

D. The issuance of the permit would cause the Authority to violate any permit conditions or regulations of the state and/or federal government;

E. The applicant has not provided sufficient safeguards to prevent accidental discharge to the sanitary sewer system.

F. If the manager refuses to issue a permit, Authority shall notify the applicant and agency and set forth the reasons for such refusal. (Ord. 9-94 §2(part), 1994).

13.52.210 Discharge reports.

Upon a determination by the manager that such information is necessary or appropriate in order to reasonably carry out the provisions of this chapter, the manager may require that any person, other than a domestic discharger, discharging, causing to be discharged, permitting to be discharged or proposing to discharge wastewater into the sanitary sewer system shall file a periodic discharge report, the cost of which shall be borne by such person. Such report may include, but shall not necessarily be limited to, information relating to the nature of manufacturing, fabricating or other processes, fresh or nonwastewater volumes, wastewater volumes, rates of flow, mass emission rates, production quantities, hours of operation, number and classification of employees or other information relating to the generation of waste, including wastewater constituents and characteristics, of the pertinent wastewater discharge. The manager may also require that such reports include the chemical constituents and quantity of liquid or gaseous materials stored on the premises relating to such discharge, even though such materials are not normally discharged into, or become a part of the wastewater in, the sanitary sewer system. Such reports shall be in addition to self-monitoring reports required by regulatory agencies other than the Authority or the agency. The reports authorized and required under this section shall be filed with the manager at periods specified in the issued permit. (Ord. 9-94 §2(part), 1994).

13.52.220 Protection against accidental discharges.

A. Every discharger shall provide protective measures against accidental or unauthorized discharges into the sanitary sewer system of those prohibited wastes, wastewater constituents or characteristics, or volumes set forth in Article II of this chapter, or as may be otherwise set forth in any permit issued pursuant to this chapter. Such measures shall consist of operational or other procedures and/or facilities as determined reasonably necessary or appropriate by the manager. All costs of such measures shall be borne by the discharger.

B. The manager may specify standard procedures and/or facilities for each classification of discharger, and, to the extent so specified, the manager is authorized and directed to require the institution and use of such procedures, and the installation and construction of such facilities for each such classification. Alternatively, the manager may require any discharger to propose such procedures and/or facilities, which proposals shall be submitted to the manager for review, with such supporting plans, specifications, data, explanations or other matters as may reasonably be required by the manager in order to ascertain the effectiveness of the procedures and/or facilities proposed. The manager may require such revisions, amendments, modifications or other changes to such proposals, or approval, or reject the same, as the manager deems reasonably necessary or appropriate in order that such proposals ensure protection against accidental or unauthorized discharge. (Ord. 9-94 §2(part), 1994).

13.52.230 Public information.

A. All information and data furnished by, or regarding the operations of, a discharger obtained from reports, questionnaires, permit applications, permits, monitoring programs, inspections or from other sources provided or required under the provisions of this chapter shall be available to the public or other governmental agencies without restriction unless the discharger requests in writing that such information be maintained confidential, and establishes to the satisfaction of the manager that the disclosure of the information to other persons would result in unfair competitive disadvantage to the discharger, provided, however, that in no event shall wastewater constituents, characteristics or volumes be deemed confidential information.

B. Notwithstanding the foregoing, information approved by the manager as confidential shall be available for use by the agency, Authority, the state, the federal government or any agency of such entities, in connection with enforcement proceedings, or any judicial proceedings to which the discharger is a party. Subject to the foregoing, information accepted by the manager as confidential shall not be transmitted to the general public, or to any governmental agency, until and unless prior written notification is given to the discharger.

C. The manager shall quarterly publish in the newspaper a list of the dischargers which were in significant violation or significant noncompliance with any pretreatment requirements or standards during the three previous months. The notification may also summarize any enforcement action taken against the discharger(s) during the same three months. (Ord. 9-94 §2(part), 1994).

13.52.240 Special agreements.

Notwithstanding anything in this chapter to the contrary, Authority may enter into an agreement, and recover costs relating thereto, with any discharger, relating to treatment, pretreatment or other matters in furtherance of the provisions and purposes of this chapter, when unique, unusual or extraordinary circumstances require such special agreement; provided, however, that no such agreement shall authorize an extension of the final dates for compliance with required federal standards or waive such standards. All special agreements Authority enters into shall be authorized by the agency. (Ord. 9-94 §2(part), 1994).

13.52.250 Fees and deposits.

The agency and/or Authority, shall, by resolution, establish a uniform schedule of fees and a method of establishing an estimated deposit to be imposed upon and collected from applicants or dischargers to defray the costs of processing and issuing permits hereunder, and the costs of the following services:

A. Permit application review (Section 13.52.160);

B. Pretreatment device review (Section 13.52.300);

C. Grease trap/grease interceptor review (Section 13.52.310);

D. Review of proposals for protection against accidental discharges (Section 13.52.220);

E. Determination and approval of use of metered wastewater volumes (Section 13.52.320(B));

F. Determination and approval of use of estimated wastewater volumes (Section 13.62.320(C));

G. Special agreements (Section 13.52.240);

H. Such other services as are required to be performed to implement permit;

I. Such services as are required to be performed to insure that any terms and conditions in a permit have been complied with, including, but not limited to, monitoring, inspections, sampling and administration;

J. Permit renewal fee. (Ord. 9-94 §2(part), 1994).

13.52.260 Collection of fees.

Fees imposed by the Authority and/or agency’s resolution shall be collected by Authority and the agency by any means available to them. Authority and the agency may collect such fees through the county property tax rolls pursuant to Section 5473 of the Health and Safety Code of the state of California. (Ord. 9-94 §2(part), 1994).

13.52.270 Delinquent fees.

Fees which are not paid when due shall be assessed a penalty for delinquent payment as follows:

A. A basic penalty of ten percent of the delinquent charges shall be assessed.

B. A penalty of one and one-half percent per month of the delinquent charges and unpaid basic penalty shall be assessed.

C. In addition to subsections A and B of this section, the discharger may be subject to the additional enforcement action as identified in Article V of this chapter.

Penalties as described above will not be assessed if fees are collected through the county property tax rolls. (Ord. 9-94 §2(part), 1994).

ARTICLE IV. MONITORING, INSPECTIONS AND PRETREATMENT

13.52.280 Monitoring facilities.

A. The manager may require a discharger to construct, operate and maintain, at the discharger’s own expense, monitoring, sampling or metering facilities or other equipment to allow inspection, sampling and flow measurement of the discharger’s building sewer or internal drainage systems, or waste or wastewater discharges. Such monitoring, sampling or metering facilities or equipment shall be located on the discharger’s premises; provided, however, that the manager may allow such equipment or facility to be constructed upon public property adjacent to the discharger’s premises upon a determination by the manager that the location of such equipment or facilities upon the discharger’s premises would be impracticable or cause unnecessary or undue hardship. In the event that the manager makes the foregoing determination, the discharger shall obtain permission for such installation or construction, and for the maintenance and operation of such facilities or equipment, from the governmental agency having jurisdiction over such public property.

B. Monitoring, sampling or metering facilities or equipment to be provided, installed, maintained and operated pursuant to the provisions of this section shall be so situated and constructed and installed as to permit safe and immediate access thereto by the manager; provided, however, that the manager may, at the option of the discharger, secure such equipment or facilities with a lock furnished by the Authority, at the expense of the discharger. The discharger shall provide sufficient space, as determined by the manager, at or near such equipment or facilities so as to allow ready and accurate monitoring, sampling and compositing of samples for analysis. Such equipment and facilities, and the sampling and measuring equipment to be maintained and operated in connection therewith, shall be so maintained and operated at all times in a safe and proper condition, by and at the expense of the discharger.

C. Monitoring, sampling or metering equipment or facilities to be furnished pursuant to the provisions of this section shall be provided in accordance with all reasonable requirements of the manager relating thereto, and all applicable construction standards and specifications of the Authority. Installation and construction of such facilities or equipment shall be completed within ninety days following written notification requiring such installation or construction from the manager. (Ord. 9-94 §2(part), 1994).

13.52.290 Inspection and sampling.

A. The manager is authorized to inspect the premises of any discharger at all reasonable times to ascertain whether the provisions of this chapter, or the provisions of any permit issued pursuant to this chapter are being complied with. Such reasonable times would include any period of time the facility is operating or wastewater is being discharged in possible violation of this chapter or the provisions of any permit issued pursuant to this chapter. Owners or occupants of premises where wastewater is created, held or discharged shall allow the manager ready access at all such reasonable times to all parts of the premises for the purposes of inspection, sampling, monitoring or performing any or all of the duties reasonably necessary or appropriate in carrying out or enforcing the provisions of this chapter, or any permit issued pursuant to this chapter. The manager shall further have the right to install and use on the discharger’s premises such devices as are reasonably necessary or appropriate to conduct sampling, metering or monitoring operations or other of the aforesaid duties. In the event a discharger has established security measures requiring identification and clearance prior to entry onto such discharger’s premises, the discharger shall furnish and provide such identification or clearance to the manager so as to permit ready access of the manager to the premises for the purposes described in this section.

B. An annual detailed site inspection will be conducted by the manager to review records and to verify that no substantial change in operating condition has occurred. (Ord. 9-94 §2(part), 1994).

13.52.300 Pretreatment.

A. Pretreatment of wastes or wastewater shall be furnished by every discharger on the discharger’s premises when such waste or wastewater, prior to pretreatment, could result in the discharge into the sanitary sewer system of waste or wastewater prohibited under Article II of this chapter. Such pretreatment facilities shall be provided and maintained at the discharger’s expense, and shall be of sufficient design and capacity to pretreat waste or wastewater discharged from the premises into the sanitary sewer system to a level meeting such minimum requirements, and such other requirements established by the manager and reasonably necessary or appropriate for the sanitary sewer system to treat adequately such waste or wastewater under normal operating and treatment conditions.

B. Prior to the installation of such pretreatment facilities, plans and specifications therefor shall be submitted to the manager, together with such data and descriptive material relating to the waste or wastewater prior to, and after such proposed pretreatment as the manager may require, in order that the manager may ascertain the wastewater constituents and characteristics and volume of the wastewater discharge after pretreatment. The manager shall review the data and description in consultation with the agency. The discharger shall make such modifications, changes or amendments to said plans and specifications as the manager may reasonably require in order that the provisions of this chapter or any permit issued, or to be issued pursuant to this chapter, shall be complied with. Upon approval of such plans and specifications by the manager, the discharger may proceed with the construction thereof; provided, however, that such approval shall not be deemed to waive or modify any other requirements of this chapter, or of any permit issued pursuant to this chapter, or of any other requirements of law.

C. Approval of plans and specifications of pretreatment facilities pursuant to this section shall not relieve the discharger from the responsibility of modifying such pretreatment facilities as necessary to produce effluent therefrom complying with all pertinent provisions of this chapter or any permit issued pursuant to this chapter, or any other requirements of law. Any proposed cessation of use, or alteration, modification or other change to approved pretreatment facilities or any portion thereof, or any change in method of operation thereof, shall be reported to the manager prior to commencement thereof, and shall be subject to the approval of the manager in consultation with the agency. Such approval may be withheld, granted or granted subject to such terms, conditions or requirements as the manager may reasonably require in order to ensure compliance with the provisions of this chapter, or any permit issued pursuant to the provisions of this chapter. (Ord. 9-94 §2(part), 1994).

13.52.310 Grease trap/grease interceptors.

A. Any type of business or establishment where grease or other objectionable materials may be discharged into a public or private sewer main or disposal system shall have a grease interceptor of a size and design to be approved by the manager and the agency.

B. Each grease interceptor shall be so installed and connected that it shall be at all times easily accessible for inspection, cleaning and removal of intercepted grease.

C. The grease interceptor shall be situated on the discharger’s premises but Authority may, when such location would be impractical or cause undue hardship on the discharger, allow the facility to be constructed in the public street or sidewalk area, subject to applicable city or county codes related thereto, and located so that it will not be obstructed by landscaping or parked vehicles.

D. Buildings remodeled for use requiring grease interceptors shall be subject to these regulations.

E. Waste discharge from fixtures and equipment in the above-mentioned types of establishments which may contain grease or other objectionable materials including, but not limited to, scullery sinks, pot and pan sinks, dishwashers, soup kettles and floor drains located in areas where such objectionable materials may exist, may be drained into the sanitary waste through the interceptor when approved by the manager; provided, however, that toilets, urinals, wash basins and other fixtures containing fecal material shall not flow through the interceptor.

F. The interceptor shall be maintained in efficient operating condition by periodic removal of the accumulated grease. The use of chemicals to dissolve grease is specifically prohibited. No such accumulated grease shall be introduced into any drainage piping or public or private sewer.

G. Abandoned grease interceptors shall be emptied and filled in accordance with applicable city or county requirements for abandoned septic tanks. (Ord. 9-94 §2(part), 1994).

13.52.320 Wastewater volume determination.

A. General. For the purposes of this chapter, unless otherwise provided pursuant to the provisions of this article, volumes of wastewater produced by nondomestic dischargers shall be determined upon the basis of volumes of freshwater, including all sources of nonwastewater, used by, or furnished to, a discharger.

B. Metering. Upon application of a nondomestic discharger, and upon a finding by the manager that a significant portion of freshwater or nonwastewater, received by the discharger from any metered source does not flow into the sanitary sewer system because of the principal activity of the discharger, or by reason of removal of wastewater by other means, the manager may authorize determination of the volume of wastewater discharge to be made by an appropriate metering device. Upon such determination by the manager, a metering device, of a type approved by the manager and the agency, shall be installed at the discharger’s expense. Such metering device shall measure either the amount of wastewater discharged into the sanitary sewer system or the amount of freshwater or nonwastewater diverted from the sanitary sewer system. Upon installation, such meters shall be maintained and tested periodically for accuracy in accordance with requirements established by the manager, all of which maintenance and testing shall be at the expense of the discharger.

C. Exceptions--Estimated Volume. In lieu of use of a metering device as specified in subsection B of this section and upon a determination by the manager that it would be unnecessary or impracticable to install, maintain or operate such metering device, wastewater volume discharged by a discharger into the sanitary sewer system may be based upon an estimate thereof determined by the manager. The determination of such estimated wastewater volume shall be based upon such factors as the number of fixtures through which wastewater flows into the sanitary sewer system from the discharger’s premises, seating capacity of buildings or improvements upon the premises, the population equivalent associated with the premises, annual production of goods and services related to the premises, or other factors reasonably relating to water use, wastewater volume calculations and/or diversions of wastewater flow from the sanitary sewer system. (Ord. 9-94 §2(part), 1994).

ARTICLE V. ENFORCEMENT

13.52.330 Responsibility.

A. Authority, its officers, employees or agents, are authorized to act as enforcement agents of the agency, for and on behalf of the agency, with power to inspect and issue notices for violations of the provisions of this chapter, and to prosecute violations of any of the provisions of this chapter (including, without limitation, levying of fines, disconnection of service, revocation of permits and civil and criminal court actions).

B. Authority shall bill the agency for all costs and expenses incurred by the Authority in the implementation and enforcement of this article, and the agency shall, within thirty days after the receipt of the bill from the Authority, pay same. (Ord. 9-94 §2(part), 1994).

13.52.340 Unauthorized discharges.

A. Notification. Every discharger shall notify the Authority immediately upon discharging wastes or wastewater in violation of the provisions of this chapter, or any permit issued pursuant to this chapter. A discharger who discharges, causes to be discharged, or permits to be discharged such wastes or wastewater shall, within seventy-two hours of the occurrence thereof, submit a written report to the manager describing the cause or causes of such unauthorized discharge and measures taken, or proposed to be taken, to prevent future similar occurrences. Such report shall not relieve any discharger of liability for any expense, loss or damage suffered or incurred by the agency or Authority, directly or indirectly, by reason of such unauthorized discharge. Such report shall not relieve or absolve any person from civil liabilities, or imposition of civil or criminal penalties in any manner whatsoever.

B. Liability. A discharger found by the Authority to be in violation as described in subsection A of this section shall be liable for the cost of all monitoring, inspection, sampling and other necessary services incurred at public expense as a result of the violation. The discharger may also be liable for other public expenditures as described in this article.

C. Notices to Discharger Employees. Every nondomestic source shall post a notice prominently on the discharger’s premises advising of the requirement to notify the Authority of any unauthorized discharge, including the telephone number of the Authority to be called in the event of such discharge. The manager may require any discharger to inform and advise Authority officers, agents and employees of any particular provisions of this chapter, any permit issued pursuant to this chapter or other requirements of law, or of any other information which may be of assistance in ensuring compliance with this chapter, permit or other requirements of law. (Ord. 9-94 §2(part), 1994).

13.52.350 Cease and desist orders.

Upon a determination by the manager that a discharge of waste or wastewater has occurred, or is occurring, or is about to occur, in violation of any provision of this chapter or of any provision of any permit issued pursuant to this chapter, the manager may issue an order to the discharger, and the property owner if other than the discharger, to cease and desist such discharge or practice, or operation likely to cause such discharge, and further order such person to:

A. Comply forthwith with the provisions of this chapter or the provisions of any permit issued pursuant to this chapter;

B. Comply in accordance with a time schedule established by the manager; and/or

C. Take appropriate remedial or preventative action. (Ord. 9-94 §2(part), 1994).

13.52.360 Time schedules.

Upon a determination by the manager that a discharge of waste or wastewater has occurred, or is occurring, or is about to occur in violation of the provisions of this chapter, or in violation of any provision of a permit issued pursuant to this chapter, the manager may require the discharger, and the property owner if other than the discharger, having so discharged, or discharging, or about to discharge, to submit for approval subject to such modifications, terms and conditions as the manager reasonably deems necessary or appropriate, a detailed time schedule of specific actions which the person or discharger shall take in order to eliminate or prevent such violation or violations. The property owner, if other than the discharger, will be notified of such action. (Ord. 9-94 §2(part), 1994).

13.52.370 Emergency corrections.

A. The Authority is authorized to spend public funds and to enter upon private property in order to perform emergency corrections. Emergency corrections are those corrections which the manager deems necessary in order to correct, eliminate or abate a condition upon such premises which threatens to cause, causes or caused damage to the sanitary sewer system, or which otherwise threatened to cause, causes or caused a violation of any provision of this chapter, or of any permit issued pursuant to this chapter, or of any other requirement of law, provided that the manager first determines that such damage causes or will cause, an injury to the public health, safety or welfare. Before proceeding with emergency corrections, Authority will give the responsible discharger and property owner, if other than the discharger, an opportunity to do so.

B. In the event any such repairs, construction or other public work is performed by or caused to be performed by the Authority, on any such premises, the discharger responsible for the occurrence or condition giving rise to such work, the occupant and the owner of the premises shall be liable, jointly and severally to the agency and Authority for such public expenditures.

C. If such discharger or property owner shall fail to pay the full amount of such public expenditures within thirty days after billing therefor by the Authority, Authority shall then notify the property owner, and bill the agency and the agency shall, within thirty days after receipt of the bill from the Authority, pay same. The agency may, hereafter, collect same in any manner available to it. Should the property owner fail to pay, the agency may, by order entered upon its minutes, declare that such amount, and the administrative expenses incurred by the agency or Authority, or both, incident to such expenditures, shall be transmitted to the county assessor and county tax collector by copy of the order providing, certified by the agency. Upon making such order, the unpaid amount shall constitute a lien upon the premises, and the amount thereof shall be added to the next succeeding tax bill against such property, and shall be collected at the same time and in the same manner as general agency taxes are collected, and shall be subject to the same penalties and procedure in case of delinquency. (Ord. 9-94 §2(part), 1994).

13.52.380 Damages to sewage facilities.

A. In the event damages are caused to the sanitary sewer system or any portion thereof, by reason of a waste or wastewater discharge from any premises in violation of the provisions of this chapter, or of any permit issued pursuant to this chapter, or of any other requirement of law, the discharger responsible for the occurrence or condition giving rise to such damages, and the property owner shall be liable, jointly and severally, to the agency and Authority for the full amount thereof.

B. If such discharger or property owner shall fail to pay the full amount of such damages within thirty days of billing therefor by the Authority and/or agency, Authority and/or the agency may proceed in accordance with, and the discharger shall be subject to, the provisions set forth in Section 13.52.370 of this chapter. (Ord. 9-94 §2(part), 1994).

13.52.390 Termination of service.

Subject to the provisions of this section, Authority may terminate sanitary sewage services to any premises from which waste or wastewater have been discharged, are being discharged or are threatened to be discharged in violation of any provision of this chapter, or of any permit issued pursuant to this chapter, or of any other requirement of law. Termination of service shall be in accordance with the termination procedures of the agency then in effect. (Ord. 9-94 §2(part), 1994).

13.52.400 Revocation of permits.

Authority may revoke any permit issued pursuant to the provisions of this chapter upon a determination by the manager that:

A. The permittee has failed to report factually the wastewater constituents, characteristics or volume of the permitted wastewater discharge;

B. The permittee has failed to report significant or substantial changes in the operations conducted upon the premises to which the permit pertains, or significant or substantial changes in wastewater constituents, characteristics or volumes pertaining to such premises;

C. The permittee has refused or failed to permit, reasonable access to the premises to which the permit pertains; or

D. The permittee has violated, caused to be violated or permitted to be violated, any term, condition or provision of the permit. (Ord. 9-94 §2(part), 1994).

13.52.410 Falsification of information.

It shall be unlawful for any person knowingly to make any false statement, representation, record, report, plan or other document filed with the manager pursuant to the provisions of this chapter, or of any permit issued pursuant to this chapter, or who knowingly tampers with or otherwise renders inaccurate any monitoring device or equipment installed and operated pursuant to the provisions of this chapter or of any permit issued pursuant to this chapter. (Ord. 9-94 §2(part), 1994).

13.52.420 Public nuisance.

Any discharge, or threatened discharge, or any condition which is in any manner in violation of the provisions of this chapter, or of any permit issued pursuant to this chapter, or of any order or directive of the Authority authorized by this chapter, shall be, and the same is declared to be unlawful and a public nuisance. Such nuisance may be abated, removed or enjoined, and damages assessed therefor, in any manner provided by law. (Ord. 9-94 §2(part), 1994).

13.52.430 Misdemeanor.

Any person violating or causing the violation of any provision of this chapter, or of any permit issued pursuant to this chapter, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars, or by imprisonment in the county jail for a term not exceeding thirty days, or by both such fine and imprisonment. Every day such violation continues shall constitute a separate offense. (Ord. 9-94 §2(part), 1994).

13.52.440 Remedies cumulative.

The remedies provided for in this chapter shall be cumulative and not exclusive, and shall be in addition to any or all other remedies available to the agency. (Ord. 9-94 §2(part), 1994).

13.52.450 Appeals.

A. Any discharger, permittee, applicant, property owner or other person aggrieved by any decision, action, finding, determination, order or directive of the manager, made and authorized pursuant to the provisions of this chapter, or any permit issued pursuant to this chapter, or interpreting or implementing the same, may file a written request with the manager for reconsideration thereof within ten days of such decision, action, finding, determination or order, setting forth in detail the facts supporting such discharger’s or person’s request for reconsideration. The manager shall render a final decision within ten days of the receipt of such request for reconsideration.

B. Any discharger, permittee, applicant, property owner or other persons aggrieved by the final determination of the manager may appeal such determination to Authority within ten days of notification by the manager of his final determination. Written notification of such appeal shall be filed with the Authority within ten days after notification of the final determination of the manager and shall set forth in detail the facts and reasons supporting the appeal. Hearing on the appeal shall be heard by the Authority Board of Directors within thirty days from the date of filing the notice of appeal. The appellant, the manager and such other persons as the Authority Board of Directors may deem appropriate, shall be heard at the hearing on such appeal. Upon conclusion of the hearing, the Authority Board of Directors may affirm, reverse or modify the final determination of the manager as the Authority Board of Directors deems just and equitable, and in furtherance of the provisions, purposes and intent of this chapter. During the pendency of any such appeal the final determination of the manager shall remain in full force and effect. Determination by the Authority Board of Directors on the appeal shall be final. (Ord. 9-94 §2(part), 1994).