Chapter 4. Sanitary Sewers

Sec. 5-4.01 Definitions.

For the purposes of this Chapter, certain words, terms and phrases used herein are defined as follows:

(a) “Domestic sewage” shall mean liquid or water carried human waste conducted away from residences, business buildings and institutions.

(b) “Industrial wastes” shall mean liquid or water carried wastes other than human wastes, resulting from industrial, commercial or institutional processes employed in industrial, commercial or institutional establishments including washing, cleaning or drain water from such processes.

(c) “Institution” and “Institutional establishment” shall mean any school, church, hospital, lodge, club, fire department, library, memorial building or similar establishment.

(d) “Premises” shall mean a structure, building or unit of property other than bare or undeveloped land connected either directly or indirectly to the sanitary sewer system or any portion thereof from which any sewage is discharged directly or indirectly into the sanitary sewer system of the City of Hercules.

(e) “Sanitary sewer system” shall mean all sewers, pumping plants, collection facilities, treatment facilities and other facilities owned, operated or used by the City for carrying, collecting, pumping, treating and disposing of sanitary sewage and industrial wastes.

(f) “Service lateral” shall mean the sewer pipe between the structure, building or facility being served by such sewer pipe and the City’s sewer line.

(g) “Sewage” shall mean domestic sewage and industrial wastes.

Sec. 5-4.02 Discharge of Sewage to Sanitary Sewer System.

Except as otherwise hereinafter provided in Sec. 5-4.03, all domestic sewage shall be discharged to the sanitary sewer system of the City of Hercules. Industrial wastes shall be discharged to the sanitary sewer system of the City of Hercules only to the extent determined and authorized by the Director of Public Works, whose determination shall be based upon the capacity of the sewer lines and the sewage treatment facility to carry and treat such wastes.

Sec. 5-4.03 Private Disposal of Sewage.

It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage, except as follows:

(a) Facilities for the disposal of industrial wastes may be maintained when the Director of Public Works has determined pursuant to Sec. 5-4.02 that the sanitary sewer system does not have the capacity to carry and treat such industrial wastes.

(b) Facilities for the disposal of domestic sewage may be maintained on property that does not have access to the public sanitary sewer of the City and on property where the public sanitary sewer of the City is not within two hundred (200) feet of the exterior boundary of the property; provided, that when access to the public sanitary sewer of the City becomes available to the property and is within two hundred (200) feet of the exterior boundary of the property, the owner of such property shall connect to the public sanitary sewer of the City within ninety (90) days after date of notice to do so; provided, further, that any owner receiving such notice may apply in writing to the City Manager before expiration of said ninety (90) day period for permission to delay connection to the public sanitary sewer of the City for a period not to exceed one year if he can furnish sufficient evidence to the City Manager that:

(1) Connection to the sewer within the required period of time would be impractical due to personal hardship.

(2) The premises are being served by a septic tank.

(3) By written report of the County Health Officer the septic tank is operating efficiently and its continued operation will not create a hazard to public health.

Upon receipt of such evidence to his satisfaction, the City Manager may grant in writing an extension of time not to exceed one (1) year for completing the connection; no further extension may be granted.

Sec. 5-4.04 Separate Service Laterals.

A separate and independent service lateral shall be provided for every building except as follows:

(a) Where there is a building on the rear of a lot and there is to be an additional building built directly in front of said building the same service lateral may serve both buildings; the same rule shall apply where the front building is built first, or where both buildings are built at the same time.

(b) Where two single-family dwellings are on the same lot and the frontage of said parcel does not exceed seventy-five (75) feet.

Sec. 5-4.05 Maintenance of Service Lateral.

The service lateral shall be installed and maintained by the owner of the property served.

Sec. 5-4.06 Prohibited Wastes.

No person shall discharge or cause to be discharged any of the following described waters or wastes into the sanitary system of the City:

(a) Mineral oils, greases, or other products of petroleum origin.

(b) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.

(c) Any garbage which has not been properly shredded.

(d) 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 or undue maintenance of sewers or other interference with the proper operation of the treatment plant.

(e) Any waters or wastes having pH lower than 6.0 or higher than 9.0, or having any other corrosive property capable of causing damage or injury to structures, equipment, or personnel of the City.

(f) Any waters or wastes containing mercury or mercury compounds.

(g) Any noxious or malodorous gas or substance capable of creating a public nuisance either by itself or by interaction with other substances.

(h) Any domestic or other wastes obtained from a septic tank.

(i) Any storm water, surface water, groundwater, roof runoff, subsurface drainage or uncontaminated cooling water or process water.

(j) Any water or waste containing substances which are not amenable to treatment or which cause the treatment plant effluent to fail to meet the discharge requirements established by the State Water Resources Control Board, the California Regional Water Quality Control Board, or any other state or regulatory agency.

Sec. 5-4.07 Grease, Oil and Sand Interceptors.

Grease, oil and sand interceptors shall be provided by the waste discharger when, in the opinion of the Director of Public Works, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or 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 Director of Public Works, and shall be so 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. When installed, all grease, oil and sand interceptors shall be maintained by and at the expense of discharger, in continuously efficient operation.

Sec. 5-4.08 Wastes Requiring City Approval.

The admission into the system of any waters or wastes having (a) a five (5) day biochemical oxygen demand greater than three hundred (300) milligrams per liter, or (b) containing more than three hundred fifty (350) milligrams per liter of suspended solids, or (c) containing any quantity of substances having the characteristics described in 5-4.06, or (d) having an average daily flow greater than two (2) percent of the average daily sewage flow of the City of Hercules, shall be subject to the review and approval of the Director of Public Works. The discharger shall provide, at his expense, protective facilities and/or pretreatment for such wastes to a condition acceptable to the Director of Public Works for discharge into the City’s system.

Sec. 5-4.09 Pretreatment Facilities.

Plans, specifications, and other pertinent information relating to proposed preliminary treatment facilities shall be submitted for review by the Director of Public Works and any other public agency, which may have jurisdiction, prior to construction. Where preliminary treatment facilities are provided for any waters or wastes they shall be maintained continuously in satisfactory and effective operation, by and at discharger’s expense.

Sec. 5-4.10 Industrial Waste Manholes.

When required by the Director of Public Works, the discharger at any property served by a service lateral carrying industrial wastes shall install a control manhole in the service lateral to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Director of Public Works. The manhole shall be installed and maintained by and at discharger’s expense in a safe condition and accessible to City personnel at all reasonable times.

Sec. 5-4.11 Measurements, Tests and Analyses.

All measurements, tests, analyses of the characteristics of waters and wastes to which reference is made in Section 5-4.06 and Section 5-4.08 shall be determined in accordance with “Standard Methods for the Examination of Water and Sewage,” or other approved methods, and shall be determined at the control manhole provided for in Section 5-4.10, or upon suitable samples taken at said control manhole. In the event 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 service lateral is connected. Upon notification, by the City, industrial dischargers shall provide satisfactory proof of preventing prohibited discharge of wastes from their premises, by contracted waste disposal services or other means, to show compliance with this Chapter.

Sec. 5-4.12 Right of Entry.

The Director of Public Works and other duly authorized employees of the City bearing proper credentials and identification, shall be permitted to enter all properties served by the City for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Chapter.

Sec. 5-4.13 Excess Use Charges.

Excess use charges may be levied against any discharger for wastes of unusual strength or character, and such discharger shall be liable for payment of the cost to the City of testing, collecting, treating and disposing of such wastes.

Sec. 5-4.14 Accidental Discharges.

(a) Each discharger shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Chapter. Where necessary, or as directed by the Director of Public Works, retention basins, dikes, storage tanks or other facilities designed to eliminate, neutralize, offset or otherwise negate the effects of prohibited materials or wastes discharged in violation of this Chapter shall be installed.

(b) Dischargers shall notify the City immediately when accidental discharges of wastes in violation of this Chapter occur so that countermeasures may be taken by the City to minimize damage to the sewer system, treatment plant, treatment processes and the receiving waters. Such notification will not relieve dischargers of liability for any expense, loss or damage to the sewer system, treatment plant, or treatment process, or for any fines imposed on the City on account thereof under Section 13350 of the California Water Code or for violation of Section 5650 of the California Fish and Game Code.

(c) In the event of accidental discharge in violation of this Chapter, discharger shall furnish the City within fifteen (15) days of the date of occurrence, a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence.

(d) In order that employees of industrial waste dischargers be more fully informed of City requirements, copies of this Chapter shall be permanently posted on bulletin boards of such dischargers together with such other industrial waste information and notices which may be furnished by the City from time to time directed toward more effective water pollution control.

(e) Sewer connections within the discharger’s plumbing or drainage system shall be appropriately labeled to warn operating personnel against discharge of any substance in violation of this Chapter.

Sec. 5-4.15 Sewer Connection Charges.

For the privilege of connecting to the sanitary sewer system of the City of Hercules, a charge will be made based on a rate schedule as specified from time to time by resolution of the Hercules City Council.

All sewer connection charges shall be deposited in a special fund hereby created and to be entitled “Sewer Capital Improvement Fund” and used only for the acquisition, construction, reconstruction, completion and improvement of the sanitary sewer system, and to repay principal and interest on any general obligation revenue bonds heretofore or hereafter issued for the acquisition, construction, reconstruction, completion or improvement of the sanitary sewer system.

Sewer connection charges in excess of Five Thousand Dollars ($5,000) may be made in periodic payments with interest on the unpaid balance, if the City Manager determines, based upon specific factual information, that requiring the sewer connection charges to be paid in a single lump sum would cause undue financial hardship. The obligation to make periodic payments shall be reflected in a written agreement containing appropriate remedial provisions. (Ord. 323 § 1, 1994)

Sec. 5-4.16 Sewer Service Charges.

Any person who uses the sanitary sewer system or each premises connected or required to be connected by this Chapter to the sanitary sewer system shall pay to the City of Hercules as a fee for the use of said sanitary sewer system a sewer service charge as follows:

(a) Minimum rate for each dwelling unit and each individual user: Two Hundred Thirty Dollars ($230) per fiscal year or fraction thereof.

(b) Rate for individual user that contributes more sewage to the sanitary system than a single-family residence (approximately two hundred twenty-five (225) gallons per day) shall be computed on the basis of the following formula:

$230 per fiscal year x average daily flow (gallons per day)

225 (gallons per day)

Average daily flow shall be computed by the City Engineer/Public Works Director by taking the annual metered water consumption of the user, determining the portion of such water consumption that flows into the sanitary sewer system and dividing such portion of water consumption by three hundred sixty-five (365).

(c) An additional sewer service charge may be imposed upon users discharging sewage stronger than domestic sewage into the sanitary sewer system; such additional charge shall be determined by the City Engineer/Public Works Director in individual cases based upon the increased cost of handling, treating and disposing of such sewage.

(d) Sewer Service Charges. Any modification to the fees charged for the use of said sanitary sewer system that are payable pursuant to the provisions of this section shall be established by ordinance or resolution of the City Council duly adopted in the manner prescribed by California law. (Ord. 431 § 1, 2007; Ord. 96-337 § 1, 1996: Ord. 328 § 1, 1995: Ord. 304 § 1, 1991: Ord. 293 § 1, 1990: Ord. 272 § 1, 1988: Ord. 264 § 1, 1987: Ord. 235 § 1, 1986: Ord. 207 § 1, 1985: Ord. 188 § 1, 1984)

Sec. 5-4.17 Sewer Service Charge Fund.

All revenues and monies collected by the City for use of the sanitary sewer system pursuant to this Chapter shall be deposited in a special fund hereby created and to be entitled “Sewer Service Charge Fund” and used only for the maintenance and operation of the sanitary sewer system and to pay any charges imposed upon the City of Hercules for the use of sewage treatment facilities.

Sec. 5-4.18 Annual Review of Sewer Service Charges.

The rates for the sewer service charges shall be reviewed each year to assure the collection of sufficient revenue to defray all expenses incurred in the maintenance and operation of the sanitary sewer system and to pay all charges imposed upon the City of Hercules for the use of sewage treatment facilities.

Sec. 5-4.19 Collection of Sewer Service Charges.

For each fiscal year commencing with the 2007-08 fiscal year sewer service charges may be collected on the tax roll together with the City’s general taxes as provided in Section 5473 et seq. of the Health and Safety Code to the extent that they are able to be so collected. In the City Council’s discretion, annual sewer service charges may be collected by the City in such other manner as it deems appropriate. Collection of the sewer service charges on the tax roll together with the City’s general taxes shall be subject to the provisions of Sections 5473.1 and 5473.2 of the Health and Safety Code for the preparation of a written report, a public hearing thereon and the use of an alternate method of collection in the event of a majority protest to that report. Sewer service charges may also be collected on a monthly, quarterly or other basis at such time and in such manner as the City Council establishes by ordinance or resolution. (Ord. 431 § 2, 2007: Ord. 180 § 1, 1983)

Sec. 5-4.20 City Entitled to Payment.

The City shall be entitled to payment for all sewer service charges from the owner of the real property that is connected to or otherwise uses the sanitary sewer system for sewer services. It shall be the responsibility of each such owner of such property to ascertain from the City the amount and due date of any such charge and to pay all such charges when due. Any fees which remain unpaid for sewer services for a period of five (5) months or more after the date upon which said sewer services are billed may be collected thereafter by the City as provided in this Article and as otherwise allowed by California Government Code Section 54350 et seq. or other applicable provisions of California law.

(a) Once each year, or more often as the City Council deems appropriate, the City Council shall cause to be prepared a report of delinquent sewer service charges. The report shall include evidence that the City has mailed the owner a final request for payment for the amounts owed, which final request may include the month during which the notice is mailed, and a warning notice to pay the delinquent charges within thirty (30) days or lien proceedings for the amount of such delinquent sewer service charges, plus reasonable administrative charges, will commence.

(b) In addition to the information set forth in subsection (a) of this section, the report shall include the parcel number of the real property from which the sewer service charges are delinquent, the name(s) of the owner(s) of the real property for which the sewer service was provided as reflected on the most recent equalized assessment roll for Contra Costa County available on the date the report is prepared, the address of the property to which service was provided, the period of service, and the amounts due, including reasonable administrative charges, which administrative charges shall be as determined by the City Manager, the Director of Finance or their designees. The City Council shall fix a time, date and place for hearing the report, and any objections or protests thereto, as soon as practicable after receipt of said report.

(c) The City Council or its designee shall cause notice of the hearing to be mailed to the owners listed on the report not less than ten (10) days prior to the date of the hearing and shall cause said notice to be published and/or posted pursuant to California Government Code Section 54354.5 as currently in effect or as hereafter amended or other applicable provisions of California law.

(d) At the hearing, the City Council shall hear any objections or protests of owners liable for the delinquent sewer service charges and administrative charges. The City Council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

(e) The delinquent fees and charges set forth in the report shall constitute a lien on the property for the amount of such delinquent sewer service charges and administrative charges. A certified copy of the confirmed report shall thereafter be filed with the Contra Costa County Auditor for the amounts of the respective liens against the respective parcels of land as they appear on the most recent equalized assessment roll for Contra Costa County available on the date the report is prepared. The lien created attaches upon recordation, in the office of the County Recorder of the County of Contra Costa, of a certified copy of the resolution confirming said report. The lien may be collected at the same time and in the same manner as ordinary County ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of County ad valorem property taxes shall be applicable to such liens, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date in which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquent sewer service charges, as confirmed, relating to such property shall be transferred to the unsecured roll for collection.

(f) The remedies provided by this section are cumulative. In lieu of or in addition to the remedies provided above, the City may pursue any rights or remedies allowed under California law including, but not limited to, the following:

(1) The City may have such premises disconnected from the sanitary sewer system. If such disconnection may create a public hazard or nuisance, the City Manager or his/her representatives may enter upon the premises for the purpose of doing such things as may be reasonably necessary to alleviate or mitigate such public hazard or nuisance. The owner of such premises shall have a duty to reimburse the City for all expenses incurred by the City in disconnecting any such premises or in doing other things authorized by this section. No reconnection shall be made to the sanitary sewer system until all charges are paid.

(2) The City may institute an action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as other debts owing to the City may be collected or to enforce the lien of the charges. In any such action, reasonable attorney’s fees shall be awarded to the prevailing party. (Ord. 431 § 3, 2007)