14-9
INDUSTRIAL WASTE.
14-9.1 Definitions. As used in this section:
Cesspool shall mean an excavation in the ground which receives the discharge of a drainage system, or part hereof, so designated and constructed as to retain organic matter and solids discharging therein, but permitting the liquids to seep through the bottom and sides.
Domestic sewage shall mean the waterborne wastes derived from the ordinary living processes and of such volume and character as to permit satisfactory disposal into cesspools or septic tanks approved by the Health Officer or into a public sewer.
Effluent shall mean the liquid flowing out of any treatment plant or facility constructed and operated for the partial or complete treatment of sewage or industrial waste.
Grease interceptor shall mean a device for retaining grease or oil by gravity-differential separation from industrial liquid waste.
Health Officer shall mean the County Health Officer or his authorized deputy, agent, representative or inspector.
Industrial building shall mean any building or structure which is or which is designed to be used for the manufacture, processing, or distribution of materials, equipment, supplies, food or commodities of any description, or which is used or designed to be used as a school, sanitarium, hospital, penal institution or charitable institution. Industrial building shall include all appurtenances thereto and the surrounding premises under the same ownership or control.
Industrial connection sewer shall mean that part of the horizontal piping from an industrial building through which industrial liquid waste is discharged from a single industry.
Industrial liquid waste shall mean any waterborne or liquid waste from an industrial building except the following: Domestic sewage, uncontaminated cooling water and uncontaminated stormwater run-off from roofs, streets or yard areas.
Industrial waste shall mean any industrial liquid waste, garbage or other toxic or deleterious materials from an industrial process.
Industrial waste treatment plant or facility shall mean any works or device for the treatment of industrial waste, prior to discharge, in accordance with the provisions of this section.
Inspector shall mean the authorized inspector, deputy, agent or representative of the City Engineer or County Health Officer.
Permittee shall mean the person to whom a permit to discharge industrial waste has been either granted or transferred.
Pollution of underground or surface waters shall mean the affecting of such waters in a manner which, if allowed to continue, would render them unfit for human or animal use, or toxic to vegetation to an extent adversely affecting plant growth or curtailing crop yield.
Public agency shall mean and include the Federal government or any department or agency thereof, the State or any department or agency thereof, a County, City and County, City or public corporation, municipal corporation or public district.
Public sewer shall mean the main line sewer constructed in a street, highway, alley, place or right of way dedicated to public use. The term “public sewer” shall not include house connection sewer or industrial connection sewer.
Sand interceptor shall mean a device for retaining sand, silt, grit or other mineral material by gravity-differential separation from industrial liquid waste and which has a design and capacity approved by the City Engineer.
Septic tank shall mean a structure for treating domestic sewage before disposal into a cesspool, seepage hole or leaching system.
Sewage shall mean contaminated water or waterborne wastes from dwellings, hotels, restaurants, schools, institutions, hospitals, office and industrial buildings and other similar structures, but excluding the following: storm water; rainwater; groundwater, roof or yard drainage; and uncontaminated cooling water.
Sewage treatment plant shall mean any works or device for treating sewage except any industrial waste treatment plant or facility or any septic tank, settling tank or cesspool designed to dispose of domestic sewage.
(Code 1972 §32-65)
14-9.2 When Industrial Discharge Is Prohibited.
A person shall not discharge, deposit or cause or suffer to be discharged or deposited at any time, any industrial waste effluent or any other material which may create a public nuisance or menace to the public health and safety or which may pollute underground or surface waters or which may cause damage to any storm drain, channel, or public or private property. (Code 1972 §32-66)
14-9.3 Conformance with Applicable Design Standards; Filing; Revision.
a. All plans required under the provisions of this section shall conform to applicable standards of design on file in the office of the City Engineer and of other affected public agencies.
b. The standards referred to in paragraph a. shall be revised from time to time to conform with recognized and accepted principles of engineering design and construction. (Code 1972 §32-67)
14-9.4 Extension of Time Limits.
Any time limit provided for in this section may be extended by mutual consent between the officer or department concerned and the person affected. (Code 1972 §32-68)
14-9.5 Enforcement Authority and Duties of the City Engineer.
The City Engineer shall enforce all provisions of this section and, for such purpose, shall have the powers of a peace officer. (Code 1972 §32-74)
14-9.6 Contract for County Enforcement.
The City Engineer may recommend to the Council consummation of a contract by which the administration and enforcement of this section would be transferred to officials of the County. (Code 1972 §32-75)
14-9.7 Delegation of Powers.
Whenever a power is granted to, or a duty is imposed upon the City Engineer, other city officer or the Health Officer by the provisions of this section, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless this section provides otherwise. (Code 1972 §32-76)
14-9.8 Identification of Inspectors.
a. The City Engineer and the Health Officer shall provide means of identification for inspectors which shall identify them as such.
b. Inspectors shall identify themselves upon request when entering upon the work of any contractor or property owner for any inspection required under this section.
(Code 1972 §32-77)
14-9.9 Prerequisites to Building Permits for the Construction of New Industrial Buildings.
a. Each person applying for a building permit required by the building code of the City for construction of a new industrial building, or for an addition or alteration to an existing industrial building, shall secure a signed statement from the City Engineer as to requirements for the disposal of industrial waste.
b. The person for whom a new industrial building is to be constructed shall furnish to the City Engineer such plans, information, data, statements or affidavits as he may require for determination of the nature and quantity of the wastes involved and the facilities to be provided for the disposal thereof.
c. Within ten (10) days after the submission of the data required in paragraph b. the City Engineer shall issue a statement which shall be incorporated in the approved plans and made a part of the building permit. The statement shall be made in accordance with one (1) or more of the following conditions:
1. The disposal of all industrial waste shall be made by connection to the public sewer in accordance with provisions of Section 11-9 and this chapter.
2. A connection to the public sewer is not feasible and the applicant for the building permit has certified that the wastes involved consist only of domestic sewage, uncontaminated cooling water or innocuous materials and that disposal shall be made into septic tanks, cesspools, seepage holes or other similar facilities to be approved by the Health Officer.
3. A connection to a public sewer is not feasible and disposal of all industrial wastes shall be made in accordance with the applicable provisions of this section and plans for the treatment facilities required shall be submitted to and approved by the Engineer, and the permit required by this section to dispose of industrial waste has been issued as provided in this section, before construction of such facilities is started.
4. The disposal of a portion of the industrial wastes shall be made in accordance with applicable provisions of this article and that disposal of all remaining wastes shall be effected in accordance with either subparagraph 1 or 2 of this paragraph.
5. If the proposed use of the building or structure will produce wastes containing impurities which cannot be reduced to safe or reasonable limits by any known processes or the disposal of such wastes in the manner proposed may create a menace to the public health or safety, or create a public nuisance, or pollute underground or surface waters or cause serious damage to public or private property, in that event no permit for disposal of such wastes can be issued under provisions of this section.
(Code 1972 §32-78)
14-9.10 Industrial and Community Relations.
The City Engineer may perform educational work and may cooperate with civic organizations, industries, water companies and public agencies whenever in the opinion of the City Engineer such work and cooperation are essential to the development of standards or procedures which will prevent the creation of a public nuisance or menace to the public health or safety, or pollution of underground or surface waters. (Code 1972 §32-79)
14-9.11 Relations with Other Public Agencies.
The City Engineer may confer and negotiate with officials of any public agency interested in or regulating the disposal of industrial wastes, for the purpose of adopting uniform standards satisfactory to all. (Code 1972 §32-80)
14-9.12 Standards for Granting Exceptions.
Whenever the City Engineer is permitted by this section to grant an exception to any requirement of this section, he shall do so only if he finds that literal compliance with such provision is impossible or impractical and that the purposes of this section may be accomplished and the public safety secured by an alternative construction or procedure. (Code 1972 §32-81)
14-9.13 Investigation of Violation Complaints.
Notwithstanding any of the exceptions mentioned in this section, the City Engineer shall promptly investigate each complaint charging violation of any of the provisions of this section and shall take action to correct any violation discovered. (Code 1972 §32-82)
14-9.14 Notice of Violation and To Take Corrective Action.
a. When the City Engineer finds as a fact that industrial waste, effluent or any other material is being discharged or deposited in such a manner as to create a public nuisance, a menace to the public safety, pollution of underground or surface waters or in such a manner as may cause damage to any storm drain, channel or public or private property, he shall serve a notice of the violation upon the person owning or operating the premises, describing the conditions and requiring prompt correction thereof.
b. When the Health Officer finds that industrial waste or effluent or any other material is being discharged or deposited in such manner as to create a menace to the public health, he may serve notice of the violation upon the person owning or operating the premises, describing the conditions and requiring the prompt correction thereof, and shall so notify the City Engineer.
(Code 1972 §32-83)
14-9.15 Service of Notice Generally.
a. Unless otherwise provided in this section, any notice required to be given by the Council or the City Engineer under this section shall be in writing and served in the manner provided in the Code of Civil Procedure for the service of process or by certified mail.
b. If a notice given pursuant to this section is served by mail upon any person, it shall be sent to the last address given to the City Engineer.
c. When a person to whom a notice is to be served pursuant to this section is unknown, service of notice may be made as provided in paragraphs a. and b. upon the owner of record of the property from which industrial waste is being discharged.
(Code 1972 §32-84)
14-9.16 Permit to Dispose of Industrial Wastes.
a. Required; Buildings Existing on January 16, 1951.
1. No person shall discharge, deposit, or cause or suffer to be discharged or deposited, any industrial waste or effluent in or upon incorporated territory of the City or into streams, bodies of water, storm drains or flood control channels without first securing a permit therefor from the City Engineer as provided in this subsection and at all tunes having an unrevoked permit therefor.
2. If an existing industrial waste treatment plant or facility or sewage treatment plant covered by this section is added to or altered, a permit required by subparagraph 1 shall be secured therefor, before commencing work thereon, and the completed work shall be accepted only when the entire plant shall meet all of the requirements for new facilities as provided in this article; providing, however, existing facilities, used and undisturbed, may not be rejected solely because they are not new.
3. No permit otherwise required by subparagraph 1 shall be required under this subsection for the following:
(a) Industrial buildings connected to the public sewers in accordance with provisions of Section 11 for the disposal of all industrial wastes therefrom.
(b) Industrial buildings which involve only the disposal of domestic sewage and uncontaminated cooling water or innocuous materials into septic tanks, cesspools or seepage holes approved by the Health Officer.
4. A permit required by subparagraph 1 from an industrial building existing on January 16, 1951, to the same extent and by the same method as that legally employed on the effective date of the ordinance from which this paragraph is derived.1 The City Engineer may suspend and the Council may revoke any authorized by this paragraph in the same manner as other permits issued pursuant to this subsection.
b. When Operation Without a Permit Shall Constitute a Wilful Violation. Any person who is required to, but does not have, a permit required by this subsection and who has been notified by the City Engineer that he is operating in violation of the provisions of this subsection shall immediately apply for a permit and shall rectify and cure all such violations. The failure to do so shall constitute a wilful violation of this section.
c. Application.
1. Any person desiring a permit required by this subsection shall make written application therefor to the City Engineer giving such information as the Engineer may require.
2. The City Engineer shall provide printed forms for applications for permits required by this subsection, indicating thereon the information to be furnished by the applicant.
3. The City Engineer may require from the applicant for a permit required by this subsection, in addition to the information furnished on the printed form, any additional information including detailed plans and specifications which will enable the City Engineer to determine that the proposed work and plan of operation complies with the provisions of this section.
d. Submission of Plans for Approval.
1. In the event treatment is required to make the waste acceptable, the application for a permit required by this subsection shall be accompanied by four (4) copies of suitable plans showing the method of collection and treatment proposed to be used.
2. The following data, in addition to any other data which may be required, shall be shown on the plans required by subparagraph 1:
(a) All substructures which will be encountered in the construction or which will be installed as part of the improvement shall be shown and designated on the plan.
(b) Large substructures which require special treatment in the design of the proposed improvement shall be shown in profile.
(c) Soil conditions, high groundwater tables, rock or filled ground shall be prospected and the results shown on the plan.
(d) Bench marks on United States Geological Survey datum, which are adequate to construct the work, shall be shown on the plan.
(e) The applicant shall submit to the City Engineer a statement from each utility company having substructures in the affected area, certifying that the location and six (6) of the structures as shown on the plans are the same as shown upon their records.
3. A permit required by this subsection shall not be issued until the plans required by subparagraph 2(a), or the required modification thereof, have been checked and approved by the City Engineer and the Health Officer.
4. When, in the opinion of the City Engineer and the Health Officer, the disposal of industrial wastes by an industry can be effected in a manner which will not endanger the public health or safety, create a public nuisance, pollute underground or surface waters or cause damage to public or private property, a permit required by this subsection may be granted without complying with the requirements of subparagraphs 2(a) and 2(b).
e. Referral of Application and Plans to Other Public Agencies. The City Engineer may submit the application for a permit required by this subsection or the plans submitted pursuant to this subsection, or both, to any public agency for comment or recommendation.
f. Notice of Application to Affected Public Agencies; Submission of Additional Data.
1. Whenever an application for a permit required by this subsection is filed, the City Engineer shall notify the Health Officer and other public agencies which, in his opinion, may be affected, and shall request a prompt reply containing their recommendations.
2. Upon request, the City Engineer shall secure from the applicant for a permit required by this subsection and furnish to an affected public department or agency, such additional plans or information as it may require relative to the application.
g. Fee Established; Persons Exempt from Payment.
1. Before issuing any permit required by this subsection, the City Engineer shall collect a fee in an amount established by resolution of the City Council which fee shall be separate and apart from any fee or deposits collected or imposed under provisions of any other provision of this Code or any other City ordinance or regulation or by reason of any license agreement or contract between the applicant and any other public agency.
2. Subparagraph 1 shall not require the payment of any fee where the collecting of such fee is prohibited by Section 6103 of the Government Code of the State or by any other statute.
h. Deposits Prerequisite to Permit; Purpose; Disposition.
1. For Checking Plans. Whenever in the opinion of the City Engineer special field investigation is required, or when plans for construction of any industrial sewer, sewage treatment plan, or industrial waste treatment plant or facility must be checked and approved, the applicant for a permit required by this subsection shall deposit a sum estimated to cover the cost of checking the plans, in an amount established by resolution of the City Council.
2. For Inspections and Record Plans. Before granting any permit required by this subsection, the City Engineer shall collect from the applicant a deposit of money which the City Engineer estimates to be sufficient to cover the costs of a field inspection of the proposed construction and the preparing or procuring of record plans. The amount of deposit required under this subsection shall be in an amount established by resolution of the City Council.
3. In the event the actual costs to the City for checking plans or inspecting construction or preparing record plans including supervision, mileage and other incidental expenses is more than the amount deposited by the applicant for a permit required by this subsection pursuant to subparagraphs 1 and 2, the applicant shall deposit the deficiency.
4. If the actual cost of services rendered is less than the amount deposited by the applicant for a permit required by this subsection pursuant to subparagraphs 1 and 2, the unused balance of the deposit shall be refunded in the same manner as provided by law for the repayment of trust moneys.
i. Record of Fees and Deposits. The City Engineer shall keep a permanent and accurate account of all fees and deposits received under this subsection, giving the names and addresses of the persons upon whose accounts the amounts were paid or deposited, the date and sum thereof, and the number of permits granted, if any.
j. Deposition of Fees and Deposits. The City Engineer shall pay all fees and deposits received by him and pursuant to this subsection into the City Treasury on the following business day after receipt of the fees and take the treasurer’s receipt therefor.
k. Conditions Precedent to Issuance. The City Engineer shall issue a permit required by this subsection if he determines that all of the following conditions have been met:
1. All fees or deposits required by this subsection have been paid.
2. The recommendations and conditions of the various public agencies, as contained in their reports, if any, have been met. The City Engineer may waive this provision except as to the requirements of the Health Officer.
3. The material to be discharged or deposited does not or will not, in the opinion of the Health Officer, constitute a potential public nuisance or menace to the public health and safety and will not violate other provisions of the Health and Safety Code of the State.
4. The material to be discharged or deposited does not or will not involve disposal of any toxic materials or chemicals in such a manner as to cause the pollution of any stream, watercourse, lake or other body of water or underground or surface water storage reservoirs, either natural or artificial.
5. The material to be discharged or deposited does not or will not damage any storm drain, channel or any public or private property.
6. Under the existing circumstances and conditions, it is necessary and reasonable to dispose of such waste matter.
l. When Permission to Use Public Ways or Property is Required.
1. Whenever facilities for the discharge of industrial waste connect to structures or encroach on the property or rights-of-way of a public agency, whether owned or controlled by it, the City Engineer shall either require that the applicant for a permit required by this subsection obtain a property use permit, license, easement or other right to use such properties prior to the issuance of a permit required by this subsection or he shall issue the permit subject to the execution of a property use permit, license, easement or other right to use the properties.
2. Whenever the work specified in an application for a permit filed under the provisions of this subsection will necessitate any excavation or fill in, upon or under any State highways, the applicant shall obtain a permit from the State Department of Public Works, (Division of Highways).
m. Time for Action on Application. The City Engineer shall either grant or deny a permit required by this subsection within thirty (30) days after receipt of an application thereof.
n. Conditional Issuance. The City Engineer may issue a permit required by this subsection containing limitations or conditions, or both, in addition to those recommended by the Health Officer, but in the permit he shall include all limitations and conditions recommended by the Health Officer.
o. Notice to Applicant of Action on Application. The City Engineer shall immediately notify the applicant whenever, pursuant to this subsection, he grants a permit, denies a permit or grants a permit subject to special conditions or limitations.
p. Appeal from Denial or Conditional Issuance.
1. Within thirty (30) days after receipt of the notice of denial of a permit required by this subsection, or the grant of a permit subject to conditions or limitations, the applicant may file with the Council a written demand for a public hearing.
2. If the applicant for a permit required by this subsection does not request a hearing as provided for in subparagraph 1, he shall be deemed to have consented to the action of the Engineer and such action shall be final.
q. Conformity with Permit Required. The discharge of wastes shall be made strictly in accordance with all provisions contained in the permit issued pursuant to this subsection at the location specifically designated in the permit.
r. Transferability as to Persons and Premises.
1. The City Engineer shall transfer a permit pursuant to this subsection to the successor in title or interest of the premises for which the permit was granted if the successor files with the City Engineer a written application signed by the successor, agreeing to comply with all the conditions of the permit, giving his mail address and such evidence of the transfer of title or interest as the City Engineer may require.
2. A permit issued under this subsection is not transferable from one location to another.
s. Time for Completion of Work; Voidance of Permit for Failure to Commence Work.
1. All work required by a permit issued pursuant to this subsection shall be completed in accordance with the provisions of this section within one hundred eighty (180) days from the date of the original permit.
2. If the work authorized by a permit issued pursuant to this subsection is not started within one hundred twenty (120) days from the date of issuance of the permit, then the permit shall be null and void and the permit fee paid under provisions of this subsection shall be forfeited and, before the work can be started, a new permit shall be applied for as provided for in the subsection and the same fee as fixed in this subsection for an original permit shall be paid therefor.
t. Suspension; Grounds; Reinstatement.
1. When the conditions for which a notice of violation may be issued pursuant to this subsection are so aggravated that immediate cessation of operations is necessary and the City Engineer so finds as a fact, he shall suspend the permit issued pursuant to this subsection.
2. The City Engineer may also suspend a permit issued pursuant to this subsection if objectionable conditions listed in a notice of violation, served in accordance with this subsection, are not corrected within the time specified in the notice.
3. The City Engineer may reinstate a suspended permit issued pursuant to this subsection when all violations are corrected
u. Recommendation to Revoke Permit. The City Engineer may recommend to the Council that a permit suspended pursuant to this subsection be revoked and request a public hearing.
v. Notice of Suspension or of Recommendation to Revoke. The City Engineer shall immediately notify the permittee of suspension of the permit issued pursuant to this subsection or of recommendation to the Council that the permit be revoked, or of both.
w. Duty of Permittee Upon Notice of Suspension or Violation. A person whose permit has been suspended pursuant to this subsection or who has been notified of a violation as provided in this subsection shall immediately discontinue the deposit or discharge of industrial waste, sewage or effluent and shall not resume such deposit or discharge until a permit has been issued or reinstated by the City Engineer or Council as provided for in this subsection; the failure to do so shall constitute willful violation of this subsection.
x. Remedies Available to Permittee Upon Notice of Violation or Suspension. Within the time specified in the notice of violation issued pursuant to this section or a notice of suspension of a permit issued pursuant to this subsection, provided for in this section, the permittee shall do one of the following:
1. Correct and remedy the conditions so specified, to the satisfaction of the Engineer.
2. File with the Council a denial that all of the conditions so specified exist, request a public hearing and correct the conditions which the permittee admits do exist.
3. File with the Council a denial that any of the conditions so specified exist, and request a public hearing.
y. Hearing by the Council.
1. Within thirty (30) days after application for a hearing has been requested as provided for in this subsection, the Council shall give notice of the time and place of the public hearings to the applicant or permittee, the Health Officer and the City Engineer, at least ten (10) days in advance of the date set for the hearing.
2. After a public hearing pursuant to this subsection, the Council may do the following:
(a) Confirm the action of the City Engineer in denying a permit or issuance of a permit subject to special conditions and limitations.
(b) Instruct the City Engineer to issue a permit without conditions or limitations or with such special conditions and limitations as the Council may designate.
(c) Continue the suspension of an existing permit invoked by the City Engineer pending correction of objectionable conditions by the permittee.
(d) Remove the suspension of an existing permit invoked by the City Engineer pending correction of objectionable conditions by the permittee.
(e) Deny that objectionable conditions exist and reinstate an existing permit.
(f) Revoke an existing permit on any of the following grounds:
(1) Failure of the permittee to correct conditions as required by the City Engineer.
(2) Conditions which would justify the denial of a permit.
(3) Fraud or deceit employed in the obtaining of a permit.
(4) Any other violation of this section.
2. Judicial Powers Not Delegated to the Council or the City Engineer. In the granting, denying, suspending or revoking any permit pursuant to this subsection, the City Engineer and the council act in a purely administrative capacity. This section does not delegate any judicial or quasi-judicial power to either the City Engineer or to the council.
aa. Appeals from Administrative Determinations. Any person affected by the granting, denying, suspending or revoking of a permit pursuant to this subsection shall be entitled to a trial de novo and an independent determination of the reasonableness and legality of the administrative action taken by the Council or the City Engineer in a court of competent jurisdiction on all the issues of law, facts, and mixed questions of law and facts and opinions therein involved.
(Code 1972 §§32-90--32-116; Ord. #1140, §46-47)
14-9.17 Design and Construction Standards.
a. Manner of Construction Generally; Approval of Work. The manner of construction of any work done under this section shall meet all the requirements prescribed by this section, and all such work shall be approved by the City Engineer before a certificate of final inspection will be issued pursuant to this section.
b. Materials Standards. All materials used in any work done under this section shall be first-class material suitable for the purpose.
c. Conformity with Approved Plans and Specifications. All construction subject to this section shall conform to the approved plans and specifications required to be submitted for a permit required by this section and, in addition thereto, shall comply with the following:
1. Applicable specifications of the City Engineer.
2. Applicable specifications of the Chief Engineer of the Department of Building and Safety of the County.
(Code 1972 §§32-122--32-124)
14-9.18 Excavations.
a. Width and Manner of Support. All excavations shall have sufficient width to allow proper workmanship and permit adequate inspection and shall be supported in the manner set forth in the rules, orders and regulations by the Division of Industrial Safety of the Department of Industrial Safety of the Department of Industrial Relations.
b. Withdrawal of Sheet Piling, Etc. Sheet piling and other timbers shall be withdrawn in such a manner as to prevent caving of the walls of the excavation or a disturbance of the structure.
c. Stabilization or Consolidation of Subgrade on Wet or Soft Ground. Before construction of any structure on soft, wet or spongy soil, sufficient gravel or crushed rock to stabilize the subgrade shall be placed in the bottom of the excavation. Where necessary in the opinion of the City Engineer or Chief Engineer of the Department of Building and Safety of the County, the subgrade shall be consolidated by suitable construction methods.
d. Areas with High Groundwater. A person shall not begin construction in an area having a subsurface water level above the lowest level of the work to be done until he shall have sufficient pumping equipment available on the job to keep the excavation unwatered.
e. Disposition of Excavated Materials.
1. Materials excavated in streets and roadways shall be laid alongside the excavation and kept trimmed up so as to cause as little inconvenience as possible to public travel.
2. All material excavated in streets and roadways not required for backfilling shall be immediately removed after backfilling has been completed and disposed of by the permittee under this section.
f. Access to Utilities and Premises. In making excavations free access shall be provided to all fire hydrants, water gates, meters and private driveways, and means shall be provided whereby storm and waste water can flow in the gutters uninterruptedly. (Code 1972 §32-130---32-135)
14-9.19 Construction Inspections and Tests.
a. Required. All work done under the provisions of this section shall be subject to inspection by the City Engineer and shall meet his approval. The City Engineer shall determine the character and amount of inspection required.
b. Inspection of Work Done on Property of Public Agencies. Whenever work is done on property or easements of the County Flood Control District or any other public agency, the applicant shall make proper arrangements with such agency or district for such inspection of facilities as may be required.
c. When Inspector May Be Permanently Assigned to Construction Projects. On construction projects of more than ordinary difficulty, the City Engineer may require that an inspector be assigned to the work at all times.
d. Inspection of Proposed Concrete Work.
1. All forms for concrete work shall be inspected by the City Engineer before the pouring of concrete.
2. The permittee under this section shall notify the City Engineer at least twenty-four (24) hours in advance of the time at which inspection of forms for concrete work is desired.
e. Request for Inspection. In all cases except when an inspector is assigned to the work at all times as prodded in this subsection, the permittee under this section shall request inspection by the City Engineer at least twenty-four (24) hours before the inspection is to be made.
f. Permittee To Be Advised as to Time and Scope of Inspections. The permittee under this section shall be advised in writing as to the nature, time and extent of inspection which will be required.
g. Preparation of Inspection. At the time of an inspection pursuant to this subsection, the permittee under this section shall have all work uncovered and convenient for the City Engineer’s examination and shall give the City Engineer every facility to make a thorough examination and to apply tests as provided for in this subsection.
h. Removal of Obstructions. If any portion of the structure being inspected pursuant to this subsection is covered in any way so as to tend to obstruct a thorough inspection of the structure, and the City Engineer notifies the permittee to remove the obstructions, the City Engineer need not inspect the work until such obstructions are removed.
i. Permittee to Furnish Labor and Equipment for Tests. The permittee under this section shall furnish all labor, tools and materials necessary for all tests.
j. General Construction Tests. The City Engineer may at his discretion make tests of the facilities constructed and the materials used in the construction to determine the acceptability of the installation or of the materials used therein; such tests shall conform to standard engineering practice.
k. Tests of Industrial Connection Sewers.
1. Each industrial connection sewer shall be tested before being approved by a static water pressure test, which shall consist of filling the line with water and carrying the level of the column of such water to a height sufficient to develop a pressure of two (2) pounds per square inch at the lower terminus thereof and, in no event, to a height of less than four (4") inches above the top of the upper terminal end of such sewer.
2. In lieu of the static water pressure test provided for in subparagraph 1, the industrial connection sewer may be tested by a pump test which shall consist of filling the line with water, capping or sealing each upper terminus thereof, and applying an air pump in such a manner as to furnish an aggregate pressure of two (2) pounds per square inch in the sewer at the lower terminus.
3. If, by reason of excessive fall in any industrial sewer, the pressure in a static water pressure test exceeds four (4) pounds per square inch, the sewer may be tested in sections of such length that no section or any portion thereof, will be subjected to a pressure greater than four (4) pounds per square inch.
4. In the event that any joints of any industrial sewer are cemented with portland cement mortar, no water test shall be made thereof until the expiration of not less than twenty-four (24) hours after the joints are made.
5. No industrial sewer shall be approved if any portion thereof, including any fitting, material, work or construction fails to withstand the test provided for in subparagraph 4 for leakage at any joint.
l. Correction of Defective Work after Notification. Within thirty (30) days after the City Engineer notifies the permittee under this section that any work is defective either in the construction or materials, the permittee shall reconstruct or remove such work and make it conform to the provisions of this section.
m. Acceptance of Inspection by the Department of Building and Safety. If the Department of Building and Safety files with the City Engineer a statement that it has inspected a structure and that it complies with plans and specifications approved by the City Engineer for the structure, the City Engineer may accept such statement and may thereafter issue a certificate of final inspection as provided in this subsection.
n. Certificate of Final Inspection.
1. When the City Engineer finds that all work done under a permit issued pursuant to this section has been constructed according to and meets the requirements of all the applicable provisions of this section, and that all fees an deposits have been paid as required by this section, the City Engineer shall cause to be issued to the permittee constructing such work a certificate of final inspection.
2. The certificate of final inspection issued pursuant to subparagraph 1 shall recite that such work as is covered by the permit issued pursuant to this section has been constructed according to this section and that the work is in an approved condition.
3. The certificate of final inspection issued pursuant to subparagraph 1 shall be the sole authority to use any treatment plant, works, device or facility constructed pursuant to this section.
(Code 1972 §§32-141--32-155; New)
14-9.20 Industrial Waste Treatment Plants or Facilities.
a. When Required.
1. Industrial waste treatment plants or facilities shall be installed whenever the Health Officer or the City Engineer, or both, shall find as a fact that such facilities are required to safeguard the public health; to prevent the pollution of streams or bodies of surface or underground water or storage reservoirs, either natural or artificial; to prevent pollution of water wells; to prevent damage to public or private property; prevent a public nuisance; or to comply with applicable regulations of any other public agency.
2. The installation of industrial waste treatment facilities shall not be required if the affected industry guarantees to separately dispose of any objectionable waste in a manner which meets the approval of the Health Officer and the City Engineer and receives a permit therefor from the City Engineer.
b. Design Standards.
1. Treatment plants and facilities shall be designed to produce an effluent which will not pollute underground or surface waters, create a nuisance or menace to the public peace, health or safety.
2. The City Engineer shall consult with the Health Officer and officials of industries and public agencies and from time to time promulgate standards which may vary according to location, topography, physical conditions and other pertinent factors.
3. Unless specific exceptions are made due to special conditions affecting a particular industry, treatment facilities shall be designed so as to produce an effluent which will meet the minimum standards as established for disposal of wastes in the immediate area affected.
c. Sand or Grease Interceptors. Industrial waste containing greases, sand, heavy metals, or similar ingredients in excess of the standards established in accordance with this subsection, shall pass through a properly designed and constructed sand or grease interceptor approved by the City Engineer.
d. When Neutralizing Chamber or Other Treatment Facilities Required. No industrial liquid waste containing chemical or toxic ingredients in excess of the standards established in accordance with this subsection shall be discharged until neutralized or treated in a properly designed and constructed neutralizing chamber or other treatment facility approved by the City Engineer.
e. Installation of Interceptors and Other Treatment Facilities. Grease interceptors, sand interceptors, neutralizing chambers or other treatment facilities shall be so installed and constructed that they shall be at all times easily accessible for inspection and maintenance.
f. Maintenance and Operation Generally.
1. All industrial waste treatment plans or facilities or sewage treatment plants, and all appurtenances thereto, now existing or hereafter constructed under this section, shall be maintained and operated by the owner or person having jurisdiction of the property affected in a safe and sanitary condition at all times.
2. All devices and safeguards which are required by this section for the operation of industrial waste treatment plants or facilities, or sewage treatment plants, and all records of such operation, shall be maintained in good order.
3. This paragraph shall not be construed as permitting the removal or nonmaintenance of any devices or safeguards on existing facilities unless authorized in writing by the Engineer.
g. Periodic Tests of Sewage or Effluent.
1. The City Engineer or the Health Officer, or both, shall at no cost to a permittee under this section, make periodic tests of samples of sewage, industrial wastes or effluent obtained at the points or places of discharge or deposit thereof.
2. For the purpose of obtaining the samples required by subparagraph 1, the City Engineer or the Health Officer, or both, shall be permitted at all reasonable hours to enter and inspect the place, enclosure or structure where such sewage, industrial wastes or effluent is being discharged or deposited.
3. The City Engineer and the permittee under this section may, by mutual agreement, provide for the installation of a test manhole or other structure through which all industrial waste shall pass. The structure shall be so measured and samples readily obtained therefrom. If a test manhole or other structure is installed, the City Engineer shall, at no cost to the permittee, make periodic tests of samples obtained from the test manhole or other structure and shall not enter the plant for the purpose of checking industrial processes or obtaining samples from other sources except under any one (1) of the following conditions:
(a) The consent of the person in charge has been obtained.
(b) The City Engineer doubts that all wastes are being discharged through the test manhole or structure.
(c) Wastes discharged through the test manhole or structure exceed limitations imposed by the permit issued pursuant to this section.
h. Inspections.
1. The City Engineer or the Health Officer, or both, may make inspections at any reasonable time of all sewage treatment plants or industrial waste treatment plants or facilities on any premises, and may require that the treatment plant or facility be used and maintained as required by this section, and be kept in a clean and sanitary condition.
2. A person shall not refuse to permit and shall not hinder or obstruct in any way, any reasonable inspection or investigation of any treatment plants or facilities by any of the representatives of the City Engineer or the Health Officer.
3. Inspectors, in making inspections of treatment plants or facilities, shall comply with any special safety regulations of the owner.
i. Prosecution for Violation of This Subsection. The City Engineer or the Health Officer, or both, may prosecute any person managing, operating or having control of any premises subject to this subsection, or portion thereof, for failing, refusing or neglecting to comply with the provisions of this section, as provided in Section 1-5.
(Code 1972 §§32-161--32-169)
Editor’s Note: This section is derived from Ordinance No. 556, adopted January 16, 1951.