Chapter 8.20 MUNICIPAL SANITARY SEWER SYSTEM

Prior ordinance history: Chapter 8.20 MMC formerly comprised §§ 8-4.01 – 8-4.92, derived from Ord. 235, § 1, Amended by Ord. 265, § 1; Ord. 293, § 2; Ord. 302, § 2; Ord. 305, § 1; Ord. 314, § 3; Ord. 339, § 1; Ord. 365, § 1; Ord. 408, § 3 and Ord. 442, § 1; 1966 Code §§ 6051.1 and 6051.2, 6052.1 – 6052.27, 6053, 6053.2 – 6053.13, 6054.1 – 6054.6, 6055.1 – 6055.5, 6056.1 – 6056.11, 6057.1 and 6057.2, 6058.1 – 6058.11, 6059.1 – 6059.14, 6060.1 – 6060.3, 6061.1 – 6061.8, 6062.1 and 6062.2, 6063 and 6063.1, 6064.1 – 6064.12.

Article I. General Provisions

8.20.010 Title.

This chapter shall be known as the “Millbrae Sanitary Sewer Ordinance,” and may be so cited. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.101).

8.20.020 Authority, purpose and policy.

A. The city’s authority to regulate, control and operate a publicly owned treatment works (POTW), which includes a wastewater collection system, is vested under the Federal Water Pollution Control Act (Public Law 92-500, 33 USC Section 1251 et seq.), the state of California Public Utilities Code and any amendments thereto including guidelines, limitations and standards promulgated by the U.S. Environmental Protection Agency and the state of California Department of Health Services, and the San Francisco Bay Area Regional Water Quality Control Board operating under the State Water Resource Control Board.

B. The purpose of this chapter is to provide for, preserve and protect the public health, safety and general welfare of the citizens of the city of Millbrae by:

1. Preventing the introduction of pollutants into the POTW that will interfere with its operation;

2. Preventing the introduction of pollutants into the POTW that will pass through the POTW inadequately treated into receiving waters or that are otherwise incompatible with the POTW;

3. Protecting the general public and POTW personnel who are exposed to wastewater and sludge in the course of their employment;

4. Promoting reuse and recycling of industrial wastewater and sludge from the POTW;

5. Providing for fees for the equitable distribution of the cost of operation, maintenance, construction and improvement of the POTW;

6. Enabling the city to comply with its national pollutant discharge elimination system (NPDES) permit conditions, sludge use and disposal requirements, and other federal or state laws to which the POTW is subject;

7. Providing for constructing, owning, operating and maintaining a POTW, including a wastewater collection system for the purpose of collecting, pumping, treating and discharging municipal wastewater into waters of the state under permit from the state of California;

8. Eliminating or controlling the discharge of detrimental or hazardous environmental and health pollutants into or onto public bodies of water or public lands and controlling discharges into the city’s wastewater collection system;

9. Promulgating and enforcing a set of municipal rules and regulations which will provide the maximum public benefit by regulating the quality of wastewater discharged into the city’s wastewater collection system, which are uniform in nature and comply with the administrative orders of the Clean Water Act regulations, the water quality requirements set by the regional water quality control board and related effluent limitations, national standards of performance, toxic and pretreatment effluent standards, and all other discharge criteria which are required or authorized by state or federal law.

C. It is the policy and intent of this chapter to protect the public from disease and hazards associated with untreated sewage and to enhance the water quality of our public water courses, bodies of water and wetlands in a manner consistent with the Federal Water Pollution Control Act.

D. It is the policy and intent of this chapter to construct, operate and maintain the city’s publicly owned treatment works and enforce the provisions of this chapter in a financially responsible manner such that sufficient revenues are derived by means of periodic sanitary sewer service and use charges and fees to fully fund the city’s cost of constructing, operating, maintaining, administering and financing the city’s publicly owned treatment works. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.102).

8.20.030 Definitions and abbreviations.

A. Definitions. As used in this chapter:

“Accidental discharge” means the discharge of waste in quantities (either concentration, mass, or volume) greater than allowed in this part, the discharge permit, or federal law. The discharge may be sudden or gradual.

“Accidental spill/slug discharge control plan” shall mean a document that contains, at a minimum, the following elements:

1. Description of discharge practices, including nonroutine batch discharges.

2. Description of stored chemicals.

3. Procedures for immediately notifying the city of Millbrae of slug discharges.

4. Procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), measures and equipment for emergency response, containment, and proper disposal.

“Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC Section 1251 et seq.

“Agency” means the city of Millbrae.

“Applicant” means the person making application for a permit for a sanitary sewer or plumbing installation and shall be the owner of the premises to be served by the sanitary sewer for which a permit is requested or his/her authorized agent.

“Approval authority” means either (1) the State Water Resources Control Board in an NPDES state with an approved state pretreatment program, or (2) the administrator of the EPA in a non-NPDES state or NPDES state that does not have an approved state pretreatment program.

“Appurtenance” means something that belongs with or to another more important thing: accessory.

“Authorized representative of an industrial user” means (1) a principal executive officer of at least the level of vice-president, if the industrial user is a corporation; (2) a general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively; or (3) a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates.

“Backflow prevention device” means a plumbing device installed and maintained by the property owner, connected to the sanitary sewer lateral on the building side of the lateral cleanout, that protects a property from sewage backing up into a residence or a business from the city sanitary sewer main (see Illustration 1A).

“Backflow relief device” means a plumbing device installed and maintained by the property owner, connected into the sanitary sewer lateral behind the sidewalk cleanout riser pipe, that relieves backed up sewage above ground and outside the building to protect the property from sewage backing up into a residence or business from the city sanitary sewer main (see Illustration 1A).

“BOD” or “biochemical oxygen demand” means a measure of the oxygen used in the biochemical degradation of principally organic material under standard laboratory procedures for five days at twenty degrees centigrade, usually expressed as a concentration (e.g., mg/l).

“Building” means any structure used for a residence, place of business, recreation, or other purpose of human habitation or use.

“Building drain” means that part of the lowest piping of a drainage system which receives the discharge from waste and other drainage pipes inside the walls of a building and conveys it to a sanitary sewer lateral beginning within two feet (0.6 meters) outside the building wall (see Illustration 1A).

“Bypass” means the intentional diversion of wastestreams from any portion of an industrial user’s treatment facility.

“Categorical industrial user, middle-tier” means a user in the categorical industry that has not been in significant noncompliance (SNC) for the most recent four consecutive six-month periods and for which the discharge of categorical wastewater does not exceed any of the following:

1. One-hundredth percent of the design dry weather hydraulic capacity of the POTW, or five thousand gallons per day, whichever is smaller;

2. One-hundredth percent of the design dry weather organic treatment capacity of the POTW; and

3. One-hundredth percent of the maximum allowable headworks loading for any pollutant for which approved local limits were developed by the POTW.

“Categorical industrial user, non-significant (NSCIU)” means a user in the categorical industry that discharges no more than one hundred gallons per day of total categorical wastewater to the sanitary sewer.

“Categorical industry” means an industry that is subject to categorical pretreatment standards promulgated by the EPA.

“Categorical pretreatment standards” (40 CFR 405 through 471) means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 USC Section 1317), which applies to a specific category of users and which appears in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

“Chain of custody” means a legal record of each person who had possession of an environmental sample, from the person who collected the sample to the person who analyzed the sample in the laboratory and to the person who witnessed the ultimate disposal of the sample.

“Chronic violations” mean violations in which sixty-six percent or more of all measurements taken during a six-month period exceed (by any amount) the daily maximum limit or the average limit for the same pollutant parameter.

“City” means the city of Millbrae.

“City council” means the governing body of the city.

“City sanitary sewer main” or “city main” means a public sanitary sewer designed to accommodate more than one sanitary sewer lateral. The city sanitary sewer main is normally buried in the street or public easement area (see Illustration 1A).

“City specifications and standard plans for public works construction” means a collection of city specifications and details such as sanitary sewer cleanouts and manholes that establish design criteria, materials and construction methods for use within Millbrae. Copies of the current specifications and standard plans for public works construction are available from the public works department.

“Class I wastewater discharger” means all users who discharge or may potentially discharge Grade 2 or Grade 3 discharges or who are classified as significant industrial users.

“Class II wastewater discharger” means all users who discharge or may potentially discharge only Grade 1 discharges and who have not been classified as significant industrial users.

“Cleanout” means a plumbing device installed on the lateral, located in the sidewalk, where a sidewalk exists, maintained by the property owner, made up of a sidewalk frame and plate, backflow relief device, HDPE riser pipe and HDPE wye fitting connected to the sanitary sewer lateral, which allows cleaning the lateral in a direction from the cleanout to the city sanitary sewer main. In backyards, the cleanout must be located two and one-half feet from the property line or within two and one-half feet of the city sanitary sewer main, whichever dimension is less (see Illustration 1A). The cleanout must be accessible to city maintenance crews and their maintenance equipment at all times.

“Cleanout wye” means the fitting where the sanitary sewer lateral transitions from the sanitary piping to the cleanout vertical riser.

“COD” or “chemical oxygen demand” means a measure of the oxygen equivalent of organic matter present in a sample that is susceptible to oxidation by a strong chemical oxidant.

“Code of Federal Regulations” or “CFR” means a publication of the United States government which contains all of the finalized federal regulations. Federal environmental regulations are found in Volume 40 of the CFR, and the general pretreatment regulations are found at 40 CFR Part 403.

“Compliance” means meeting all specified conditions and requirements.

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

“Control authority” means the superintendent of the POTW treatment plant.

“Conventional pollutant” means a pollutant which has been designated as conventional under Section 304(a)(4) of the Act (33 USC Section 1314), including TSS, BOD, pH, fecal coliform and oil and grease.

“Cooling water” means the water discharged from any use such as air conditioning, cooling or refrigeration, or water discharged to which the only pollutant added is heat.

“Department” means the department of public works.

“Director” means the director of public works.

“Discharger” means any user who discharges or causes a discharge to a public sanitary sewer.

“Domestic wastewater” means human excrement and gray water (discharge from domestic water uses such as household showers, dishwashing operations, etc.).

“Effluent” means wastewaters or other liquid (raw, untreated, partially or completely treated) flowing from a user to a reservoir, basin, treatment process or wastewater treatment plant.

“Engineer” means the public works director/city engineer.

“Fixture” means any unit that discharges into the city sanitary sewer system directly or through the sanitary sewer lateral.

“Flashpoint” means the minimum temperature at which vapor combustion will propagate away from its source of ignition.

“Flow rate” means the volume of material passing a given point at any given instant or time period.

“Grade 1 discharge” means a discharge which poses no immediate harm or future threat to human health, and poses no immediate harm or future threat to the environment, and has no adverse effects on living organisms, and does not result in POTW upset, pass-through or interference, and does not result in damage to or increase maintenance of the city collection system or the POTW.

“Grade 2 discharge” means a discharge which poses no immediate harm or future threat to human health, and results in minor and short-lived harm to the environment, and has minor and short-lived adverse effects on living organisms, and results in minimal and temporary POTW upset, pass-through or interference, and results in minimal damage to or increased maintenance of the city collection system or POTW.

“Grade 3 discharge” means a discharge which results in the immediate harm or poses a future threat to human health, or results in significant or extended harm to the environment, or is lethal to living organisms, or has significant or long-term adverse effects on living organisms, or results in significant or extended POTW upset, pass-through or interference, or results in significant damage to or excessive maintenance of the city collection system or POTW.

“Hazardous waste” (see definition in 40 CFR 261) means a waste that is designated a solid waste and meets one of two criteria: (1) has one of the following four characteristics: ignitability, corrosivity, reactivity or toxicity (according to the toxicity characteristic leaching procedure); or (2) is listed as hazardous waste in 40 CFR 261.31 through 261.33. Virtually all forms of wastes are considered to be solid wastes (including solids, liquids, semi-solids and contained gaseous materials) except those expressly excluded under the federal regulatory definition, e.g., industrial effluent which is mixed with sanitary wastes in the sanitary sewer.

“Holding-tank waste” means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

“Indirect discharge” means the discharge or the introduction of nondomestic wastewater pollutants from any source regulated under Section 307(b) of the Act (33 USC Section 1317) into the POTW (including holding tank waste discharged into the system).

“Industrial sanitary sewer connection” means a privately maintained sanitary sewer connecting an industrial sanitary sewer lateral to the city sanitary sewer main for the purpose of conveying industrial wastewater.

“Industrial user” means any nondomestic source which introduces wastewater into the POTW.

“Industrial waste inspector” means an individual appointed by the city to conduct inspections of industrial pretreatment facilities to ensure protection of the environment and compliance with regulations adopted by the POTW in addition to the general and categorical pretreatment regulations.

“Industrial wastewater” means all water-carried waste and wastewater of the city, excluding domestic wastewater, and shall include all wastewater from a producing, manufacturing, processing, institutional, commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes from a nonhuman origin.

“Interference” (see definition in 40 CFR 403.3(i)) means any discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, results in a violation of the POTW’s NPDES permit or the violation of the prevention of sewage sludge use or disposal in compliance with the Act or any more stringent state or local regulations.

“Joint sewer lateral” means two or more sewer laterals from separate parcels that combine into one sewer lateral which in turn connects to the city’s sewer main. A joint sewer lateral may cross property boundaries without a public utility or other form of easement.

“LEL” or “lower explosive limit” means the lowest concentration of a combustible gas or vapor in air that is necessary to support combustion.

“Manager” means the city manager.

“Millbrae sanitary sewer ordinance” or “ordinance” includes all of the ordinances listed in this chapter which contain the rules and regulations for discharges to the city’s POTW.

“NPDES permit” means a national pollutant discharge elimination system permit which is a regulatory document issued by either the EPA or an approved state agency. The permit is designed to control the discharge of pollutants from point sources into waters of the U.S. pursuant to Section 402 of the Act (33 USC Section 1342).

“Pass-through” (see definition in 40 CFR 403.3(n)) means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city’s NPDES permit, including an increase in the magnitude or duration of the violation.

“Permit” means any written authorization required pursuant to this or any other regulation of the city for the installation of any sanitary sewer or the discharge of waste into the wastewater collection system.

“Pollutant” means sewage or any characteristic of sewage and any and all waste substances including, but not limited to, dredged soil, solid waste, concrete, incinerator residue, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, excessive heat, automotive-related wastes, wrecked or discarded equipment, rock, sand, cellar dirt or commercial, industrial, municipal or agricultural waste discharged into water.

“Pollution” means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

“Pollution prevention” means the use of materials, processes or practices that reduce or eliminate the creation of pollutants or wastes at the source. This includes practices that reduce the use of hazardous materials, energy, water or other resources and practices that protect natural resources through conservation or more efficient use.

“Premises” means a single-family dwelling, multifamily dwelling, duplex, triplex, apartment house, condominium, school, commercial building, industrial building or other structure used or useful for the habitation or other occupancy of human beings.

“Pretreatment” means the reduction in the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, or by other means, except as prohibited by 40 CFR 403.6(d).

“Pretreatment program” means the program operated by the city POTW encompassing industrial pretreatment and pollution prevention to the sanitary sewer system.

“Pretreatment standard” means prohibited discharge standard, categorical standards and local limits.

“Pretreatment supervisor” means an individual appointed by the city to supervise the treatment program.

“Publicly owned treatment works” or “POTW” means the treatment works as defined by Section 212 of the Act (33 USC Section 1292), which are owned by the city. This definition normally includes the water pollution control plant (WPCP), and any sanitary sewers, pipes and pump stations that convey sewage to the treatment plant. Occasionally, POTW will be used to define one component of the system such as the wastewater treatment plant.

“RCRA” or “Resource Conservation and Recovery Act” means federal regulations that define solid waste and resource management and recovery. RCRA’s primary goals are: (1) to protect human health and the environment from hazardous and other solid waste; and (2) to protect and preserve natural resources through programs of resource conservation and recovery.

“Reclaimed or recycled water” means water which, as a result of treatment of waste, is suitable for direct beneficial use or a restricted beneficial use that would not otherwise occur.

“Recycling” (see definition in 40 CFR 261.1(c)) means and includes materials which are used, reused or reclaimed.

“Sanitary sewer” means a pipe or conduit for carrying sewage.

“Sanitary sewer lateral” means the portion of a sanitary sewer line that runs from the building cleanout, inclusive of the cleanout wye, to the city’s sanitary sewer main and inclusive of the lateral’s junction wye at the sanitary sewer main.

“Sanitary sewer main extension” means an extension to the city sewer main, normally from a sanitary sewer main manhole, that is constructed to provide sewer service to facilities not previously served by the POTW.

“Sewage pumping station” means any facility designed and constructed to raise wastewater in elevation or to overcome head losses due to pipeline friction.

“Significant industrial user” or “SIU” means an industrial user that meets one of the following criteria:

1. An industrial user subject to categorical pretreatment standards; or

2. An industrial user that discharges an average of twenty-five thousand gallons per day (gpd) or more of process wastewater to the POTW; or

3. An industrial user that contributes a waste stream equal to or greater than five percent of the average dry-weather hydraulic or organic capacity of the POTW; or

4. Is designated a significant industrial user by the city on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

“Significant noncompliance” means a compliance status that is assigned to an industrial user whose violation(s) meet one or more of the following criteria:

1. Chronic violations of permit limits: violations in which sixty-six percent or more of the results from samples taken over a six-month period exceed, by any amount, the daily maximum limit or the average limit for the same pollutant parameter;

2. Technical review criteria violations: violations in which thirty-three percent or more of the results from samples taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily limit or the average limit multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

3. Any violation of a pretreatment effluent limit (daily maximum or longer-term average) or pretreatment requirement that the POTW superintendent determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;

4. Discharges that have caused imminent endangerment to human health, welfare, or to the environment, or have resulted in the POTW’s exercise of its emergency authority under paragraph 40 CFR 403.8(f)(1)(vi)(B);

5. Failure to meet, within ninety days after a scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or achieving final compliance;

6. Failure to submit, within forty-five days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on progress toward meeting compliance schedules;

7. Failure to accurately report noncompliance; or

8. Any other violation deemed significant by the superintendent that would adversely affect the operation or implementation of the local pretreatment program.

“Slug discharge” means any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the city’s regulations, local limits or permit conditions.

“Solvent management plan” means a strategy for keeping track of all solvents delivered to a site, their storage, use and disposal. This includes keeping spent solvents segregated from other process wastewater to maximize the value of the recoverable solvents, to avoid contamination of other segregated wastes, and to prevent the discharge of toxic organics to any wastewater collection system or the environment.

“Source reduction” means the process of reducing or eliminating the generation of wastes at the source through raw material changes, product changes, technology modifications, and alterations in management policies, operating procedures and housekeeping practices.

“Standard industrial classification” or “SIC” means a classification pursuant to the Standard Industrial Classification manual issued by the Executive Office of the President of the United States, Office of Management and Budget.

“Standard Methods” means the current edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, American Waterworks Association and the Water Environment Federation outlining accepted laboratory procedures used to analyze water and wastewater.

“State” means the state of California.

“Storm water collection system” means a storm drainage system, owned by the city, which carries storm and surface or groundwater and drainage, but excludes sewage and polluted industrial wastes.

“Street” means any public highway, road, street, avenue, lane, alley, way, court, public place, public easement or right-of-way.

“Superintendent” means the superintendent of the POTW. The public works superintendent is specifically identified by the complete job title throughout this chapter.

“Suspended solids” or “suspended matter” means the insoluble solid matter suspended in wastewater that is separable by laboratory filtration in accordance with the procedures described in “Standard Methods.”

“Technical review criteria” means violations in which thirty-three percent or more of the results from samples taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily limit or the average limit multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH).

“Toxic pollutant” means those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism either directly from the environment or indirectly by ingestion through the food chain, will, on the basis of information available to the administrator of the EPA, cause death, disease, behavior abnormalities, cancer, genetic mutations, physiological malfunction (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring. Such pollutants which have been identified as toxic are listed in 40 CFR 122, Appendix D.

“Trap” means a cast iron or stainless steel containment device used for trapping substances and to prevent grease, sand or flammable liquids from entering the wastewater collection system.

“Uncontaminated water” means any wasted water of the community not contaminated or polluted with wastewater and which is suitable or could readily be made suitable for discharge to the city storm water collection system.

“Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with federal, state or local discharge regulations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operator error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

“User” means any person or business who contributes, causes or permits the contribution of wastewater into the city wastewater collection system.

“Waste minimization” means the reduction or elimination, to the extent feasible, of any waste that is generated or subsequently treated, stored, or disposed of. It is the elimination or reduction in the use of hazardous materials and the generation of hazardous wastes. It seeks to prevent pollutant releases to all environmental media; water, land or air.

“Wastewater” means liquid and water which is generated or discharged by residential, industrial, commercial institutions, municipal, mobile, agricultural, or other sources, whether treated or untreated, which is contributed into or permitted to enter the POTW.

“Wastewater collection system” means the city sanitary sewer mains, pump stations, manholes and other similar facilities which accept, collect or convey sanitary sewage to the wastewater treatment plant.

“Wastewater discharge permit” means a permit issued under MMC 8.20.520, Industrial wastewater discharge permit requirements.

“Waters of the state” means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.

B. Abbreviations. The following abbreviations have the designated meanings:

BOD	-	Biochemical oxygen demand
CFR	-	Code of Federal Regulations
COD	-	Chemical oxygen demand
DOHS	-	Department of Health Services
EPA	-	Environmental Protection Agency
IU	-	Industrial user
LEL	-	Lower explosive limit
l	-	Liter
mg	-	Milligrams
NPDES	-	National Pollutant Discharge Elimination System
POTW	-	Publicly owned treatment works
RWQCB	-	Regional water quality control board
SIC	-	Standard industrial classification
SWRCB	-	State Water Resource Control Board
SIU	-	Significant industrial user
SNC	-	Significant noncompliance
SWDA	-	Solid Waste Disposal Act, 42 USC Section 6901 et seq.
TSS	-	Total suspended solids
TTO	-	Total toxic organics
UBC	-	Uniform Building Code
UPC	-	Uniform Plumbing Code
USC	-	United States Code

(Ord. 637, § 2, Amended by Ord. 698, § 1; Ord. 720, § 1; Ord. 740, § 2; 1976 Code § 8-4.103).

8.20.040 Administration of rules and regulations.

A. The authority of city personnel to administer and enforce the provisions of this chapter shall be vested in the following public employees who shall carry out the functions and duties assigned herein. Any rule, regulation, order, and/or determination issued by a public employee may be subject to the review and approval by, or appeal to, the city manager, as required or as appropriate. The following public employees are provided authority and responsibility to implement and administer this chapter:

1. The director of public works shall have the authority and responsibility to exercise responsible control over the administration, regulation, operation, maintenance and enforcement of this chapter. The director shall report through the city manager to the city council and be respondent to the regional water quality control board on matters related to the administration and enforcement of this chapter. The director shall be responsible for the interpretation and updating of this chapter and shall exercise supervision over public employees authorized to implement and enforce the provisions of this chapter. The director shall also have the following authority:

a. To establish reasonable standards for the design, construction, operation and maintenance of the POTW, including the wastewater collection system;

b. To enforce the rules and regulations established in this chapter through the issuance of permits, notices of violation and cease and desist orders;

c. To establish, with the approval of the city council, reasonable charges and fees to provide for the implementation and administration of this chapter, and for the construction, operation, maintenance and administration of the POTW which provides the public infrastructure necessary to accomplish the purpose and intent of this chapter;

d. To provide for the construction, expansion, extension, repair and maintenance of the POTW, including the power to commission the use of consultants and contractors in the execution of these tasks, subject to the policies of the city council.

2. The POTW superintendent shall, under the direction of the director, supervise and administer the operation of the POTW, except for the city’s wastewater collection system, and enforce all rules and regulations contained in this chapter necessary to comply with the orders of the regional water quality control board. The POTW superintendent shall be responsible for the following: (a) establishing rules and regulations over the discharge of any materials into the city’s wastewater collection system; (b) issuing permits to commercial and industrial waste dischargers for connections, including related power to issue separate conditions of use; (c) issuing citations, notices of violations and cease and desist orders as necessary to enforce and administer the provisions of this chapter; (d) hearing appeals made by the public for any enforcement action taken by a pretreatment supervisor or other compliance officers; (e) issuing reports to the State Department of Health Services, regional water quality control board, State Water Resources Control Board, and Environmental Protection Agency on behalf of the city for the purposes of compliance with federal and state clean water laws; and (f) maintaining official city records related to the construction, operation, maintenance and administration of the POTW less the city’s wastewater collection system.

3. The public works superintendent shall, under the direction of the director, supervise and administer the operation of the city’s wastewater collection system and enforce all of the rules and regulations contained in this chapter. The public works superintendent shall be responsible for the following: (a) enforcing rules and regulations over the discharge of materials in any form into the city’s wastewater collection system; (b) issuing citations, notices of violations and cease and desist orders as necessary to enforce and administer the provisions of this chapter; (c) operating, maintaining, expanding and rehabilitating the city’s wastewater collection system; and (d) maintaining official city records related to the construction, operation, maintenance and administration of the city’s wastewater collection system.

4. The pretreatment supervisor shall, under the direction of the POTW superintendent, have the power and authority to issue and enforce all discharge permits, discharge regulations and pretreatment requirements, including the power to issue inspection reports, notices of violation, citations and compliance orders, necessary for effecting of Article III, “Discharge Regulations,” Article V, “Industrial Wastewater Pretreatment Requirements” and Article VI, “Enforcement Remedies,” and to specify the type and size of grease trap needed by a business owner to ensure compliance with the city’s discharge permit and local limits. The pretreatment supervisor’s duties and powers are more specifically set forth in MMC 8.20.740, Enforcement authority, and MMC 8.20.750, Right of entry – Inspection and sampling.

5. The building official shall have the power and authority to enforce the elements of this chapter relating to sanitary sewers on private property and as they pertain to Title 9, Chapter 3 of the Plumbing Code. (Ord. 637, § 2, Amended by Ord. 698, § 1; Ord. 720, § 1; 1976 Code § 8-4.104).

8.20.050 Delegation of authority.

The director, POTW superintendent, public works superintendent or building official may delegate assignment of certain functions, responsibilities and authorities to specific city personnel under their direct supervision for specific terms of duration, when deemed appropriate due to the absence of such official or when other administrative agencies require the assistance of subordinate staff. The city manager shall have the sole power to assign or transfer specific duties, powers and authorities on a permanent basis if deemed necessary to achieve compliance with federal and state laws. (Ord. 637, § 2, Amended by Ord. 698, § 1; Ord. 720, § 1; 1976 Code § 8-4.105).

8.20.060 Coordination with other portions of code and severability.

This chapter is meant to function in coordination with other portions of the Millbrae Municipal Code to achieve the stated purpose and intent. If portions of this chapter are held to be invalid or in conflict with other portions of this chapter or the Millbrae Municipal Code by a court of law having competent jurisdiction in the state of California, only those portions determined to be invalid shall be considered as such with no effect whatsoever on the validity of the remaining portions of the Millbrae Municipal Code. Those portions of the Millbrae Municipal Code that relate to this chapter include, but may not be limited to:

A. Chapter 1.05 MMC, Penalty Provisions.

B. Chapter 1.15 MMC, Definitions.

C. Chapter 4.65 MMC, Hazardous Materials Storage.

D. Chapter 6.20 MMC, Municipal Service.

E. Chapter 6.25 MMC, Community Preservation.

F. Chapter 8.10 MMC, Backflow and Cross-Connection Control Program.

G. Chapter 8.30 MMC, Undergrounding of Utilities.

H. Chapter 8.70 MMC, Storm Water Management and Discharge Control.

I. Chapter 9.20 MMC, Plumbing Code.

J. Chapter 9.70 MMC, Drainage Connection to Sewers.

K. Chapter 10.15 MMC, Land Subdivisions. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.106).

8.20.070 Interpretation.

A. The terms and phrases used in this chapter are defined within MMC 8.20.030, Definitions and abbreviations. Technical and scientific terms and units of measure shall have the meaning applied by the state of California, Regional Water Quality Control Board.

B. If any ambiguity arises concerning the appropriate meaning of terminology, the intent of this chapter or interpretation of rules, regulations or reports, the director shall ascertain all pertinent facts and provide a written interpretation on the intent and meaning of this chapter. Appeals of any interpretation made by the director shall be directed to the city manager in the form of a memorandum setting forth the director’s findings and the nature of the question on intent or meaning. The city manager shall be the final arbiter in such questions of interpretation. (Ord. 637, § 2, Amended by Ord. 698, § 1; Ord. 720, § 1; 1976 Code § 8-4.107).

8.20.080 Resolution and appeals.

A. In the case where an applicant for a permit or a permittee disagrees with an action or determination taken and formally noticed by the city, the applicant may, within ten days of receipt of such notice, file a written appeal. If the notice of action or determination was not filed by the director, the director shall serve as the responsible person to resolve the appeal.

B. If the director filed the notice of action or determination, then the appellant may appeal such action to the city manager. Any such appeal shall be made in writing and shall be filed with the city manager within ten days of receipt of such notice, accompanied by payment of fees as determined by city council in the “City of Millbrae Fees and Service Charge Schedule.” (Ord. 637, § 2, Amended by Ord. 698, § 1; Ord. 720, § 1; 1976 Code § 8-4.108).

8.20.090 Sanitary sewer service required.

A. The owner of any residential, commercial, industrial, or any other structure occupied by humans or containing an operation generating waste anticipated to be discharged to the POTW is required, at the owner’s expense, to connect the building directly to the city’s wastewater collection system, in accordance with the provisions of this chapter, prior to completion and occupancy of such structure(s).

B. It shall be unlawful for any user to connect to, construct, install, provide, maintain or use any other means of sewage disposal from any structure or parcel of land except by connection to the city’s wastewater collection system in the manner as provided for in this chapter. Septic systems and waste storage or waste holding systems shall not be constructed or operated, unless explicitly permitted by the director for temporary purposes.

C. Transient occupancy shall not be permitted in any structure until the structure complies with this chapter and with all other applicable city code provisions. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.109).

8.20.100 Discharge prohibitions, general.

It is unlawful for any user to discharge wastewater, contaminated water, pollutants, hazardous wastes, industrial, commercial or agricultural wastes into the city’s wastewater collection system except by connection to the city’s sanitary sewer main in the manner as provided for in this chapter, and without first having obtained from the city an appropriate permit to connect and discharge into the city’s wastewater collection system/POTW. A permit may be issued based on the type and classification of discharger and the type of wastes intended to be discharged. It is unlawful for any user to discharge storm water into the city’s wastewater collection system. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.110).

8.20.110 Protection of POTW system from damage.

No user shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, equipment or facilities which are part of the POTW system. Any user violating this provision shall be subject to the penalties provided by law. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.111).

Article II. Wastewater Collection System Service and Construction Regulations

8.20.120 Service area.

A. The service area consists of those areas within the improved corporate limits of the city, the unimproved areas within the corporate limits of the city, the unincorporated areas of the county and the areas within neighboring municipalities whose wastewater is legally connected to the city’s wastewater collection system under the terms of this chapter.

B. Sanitary sewer service shall be provided, at the owner’s expense, to all structures within the city which have a legally constructed sanitary sewer lateral conforming to the requirements of this chapter. No sanitary sewer connections shall be made to the city’s wastewater collection system from unimproved areas of the city, unincorporated areas of the county or other municipalities without approval of an extension of service area by the city council and compliance with the permit requirements contained in this chapter. (Ord. 637, § 2, Amended by Ord. 720, § 1; Ord. 740, § 3; 1976 Code § 8-4.201).

8.20.130 Extension of service area.

A. The service area may be extended to unimproved areas within the corporate limits of the city, to unincorporated areas of the county, and to areas within neighboring municipalities, subject to approval of the city council and, as applicable, by county or neighboring municipalities. Prior to approving any extension of service area, the city council shall consider the matter at a public meeting to determine the necessity of such an extension. Where the county or a neighboring municipality has the physical ability to provide sanitary sewer service outside of the corporate limits of the city, no service area extension may be granted.

B. Sanitary sewer connections can only be made where city sanitary sewer mains already exist. An owner may, at his/her expense, apply for an extension of service area to extend the city sanitary sewer main to service his/her property. Any user requesting an extension of service area shall first make a written application to the city on the forms provided by the city, obtained from the city’s public works department.

C. The application shall contain information reporting on the need for an extension, the lots, parcels or tracts of land within the extension, a legal description of the property to be served by the extension with consent of the property owner, the proposed size of the extension and location, plans, profiles and calculations on the design of the sanitary sewer mains, and shall include the names, addresses and telephone numbers of the owner and/or agents submitting the application to the director of public works for consideration, in addition to any other information the director of public works may require at the time of application. The application will also report on the impact that an extension would have on the operation of the city’s wastewater collection system/POTW. Any extension of service area shall be subject to compliance with the California Environmental Quality Act and the requirements of this chapter. The director of public works shall determine the completeness of the submitted application within thirty days of receipt of such application.

D. Upon receipt of a complete application for a sanitary sewer main extension, the director of public works shall make an investigation of the proposed extension and shall make a director’s report through the city manager to the city council listing all findings necessary for approval including the estimated cost of the extension.

E. The city council, upon receipt of the director’s report, shall consider the application and report, and after due consideration shall take action on the application.

F. Upon approval of the application, the director of public works shall prepare a sanitary sewer main extension agreement to be signed by the property owner, and/or the owner’s designated agent and the director of public works, establishing the terms for design, construction, ownership, operation and maintenance of the sanitary sewer main extension. All costs associated with any service area extension, including application, design, construction, administrative and legal costs, shall be borne by the applicant unless otherwise authorized by the city and provided for in the sanitary sewer main extension agreement.

G. Upon approval of the design for a sanitary sewer main extension, the property owner and/or the owner’s designated agent shall file an application for an encroachment permit pursuant to MMC 8.20.180.

H. The property owner or agent, upon receiving approval of an application for sanitary sewer main extension and issuance of an encroachment permit, shall be responsible for the design, construction, inspection and testing of the sanitary sewer main, including all associated costs, unless otherwise authorized by the city and provided in the sanitary sewer main extension agreement.

I. Upon construction completion, and approval by the director of public works, the property owner and the owner’s designated agent responsible for construction shall relinquish property rights to the sanitary sewer main extension which shall then be vested in the city for operation and future maintenance. (Ord. 637, § 2, Amended by Ord. 698, § 1; Ord. 720, § 1; 1976 Code § 8-4.202).

8.20.140 Individual waste disposal systems prohibited.

A. No individual waste disposal systems shall be constructed, operated or maintained to collect, treat or dispose of sewage within the service area. Septic disposal systems shall be considered as individual waste disposal systems. Industrial and sanitary waste holding tanks may be permitted to operate within the service area subject to issuance of a wastewater discharge permit.

B. It is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage. Use of cesspools or other means of sewage disposal, other than connecting to the city’s wastewater collection system, constitutes a public nuisance for which the city may take any action set forth in Chapter 6.25 MMC. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.203).

8.20.150 Public sanitary sewers, general.

All city sanitary sewer mains, junction structures, pumping stations and appurtenant facilities within the public right-of-way, public utility easements or sanitary sewer easements are part of the city’s wastewater collection system owned by the city and are under the control and operation of the city. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.204).

8.20.160 Building drain and sanitary sewer lateral.

A. The property owner is responsible at his/her expense to construct, operate, clean and maintain on the lot or parcel owned by the property owner, all sewer laterals or waste holding tanks, individual waste disposal systems including septic systems, if permitted, sewage ejector pump stations and appurtenant pipelines, valves and structures to either the point of connection with the cleanout wye on the sanitary sewer lateral or to the city sanitary sewer main as provided below, in full compliance with the provisions of this chapter. The city shall maintain the sewer lateral from the cleanout wye to the city sanitary sewer main when a cleanout is provided either in the sidewalk, or if there is no sidewalk within the public right-of-way then within two and one-half feet of the city main (see Illustration 1A at the end of this chapter). In such instances, the cleanout must be accessible at all times. When the cleanout is located outside of these designated areas, the property owner is responsible for maintaining the sewer lateral all the way to the city sanitary sewer main including the sanitary sewer lateral’s wye junction to the main. Where a cleanout does not exist and the property owner desires to install one, the city will not accept maintenance responsibility from the new cleanout to the city’s main until the property owner satisfies the director or his designee as to the condition of that lateral.

B. Sanitary sewer connections to the city’s wastewater collection system shall be limited to one sanitary sewer lateral per lot, parcel or tract of land as described in MMC 8.20.240(E). Multiple or branched sanitary sewer laterals serving more than one lot or parcel, referred to as “joint sewer laterals,” are specifically prohibited. The limitation of one sanitary sewer lateral per lot as stated in MMC 8.20.240(E) shall also apply in the case of condominium subdivisions, planned unit developments and commercial developments unless specifically waived in a subdivision improvement agreement or sanitary sewer main extension agreement. Existing conditions not in compliance with this chapter shall be brought into compliance within sixty calendar days after a property owner receives notice from the city and in all cases prior to the transfer of ownership of property pursuant to MMC 8.20.450. The replacement of existing joint sanitary sewer laterals serving more than one lot or parcel shall be at the expense of the affected property owners, with the cost of separating the joint sewer lateral equally shared by the owners served by the joint sewer lateral. The director of public works has the authority to make exceptions to the requirement to separate joint sewer laterals in rare cases where, in his or her judgment, increased sanitary sewer overflows would result from separating them. The director of public works is also authorized to make exceptions to the general rule of equal sharing of the cost of separating a joint sewer lateral in rare cases where, in his or her judgment, this cost sharing would be inequitable and/or result in an undue burden on a property owner for the requisite repairs. (Ord. 637, § 2, Amended by Ord. 707, § 1; Ord. 720, § 1; Ord. 740, § 3; 1976 Code § 8-4.205).

8.20.170 Permits, general.

A. Permits shall be required under this chapter to construct, alter, repair, maintain and operate any sanitary sewer lateral, sewage holding tank or discharge facility including sewage pumping stations within the city. Encroachment permits for all work within the public right-of-way shall be obtained from the director or his/her designated representative. Permits for all work on private property shall be obtained from the building inspector and shall be subject to the Millbrae Municipal Code and the UBC and UPC. Encroachment and plumbing permit fees are set by city council in the City of Millbrae Fees and Service Charge Schedule. A performance deposit, or bond, in an amount of one hundred percent of the estimate for the work may be required. Permits shall not be considered valid until all fees and connection charges have been paid, bonds and indemnification have been provided to the city, and the permit has been signed by the appropriate city official.

B. In the event a permit has expired and a reactivation fee is required, the original applicant may pay an amount equal to half the original fee to reactivate the permit. A new applicant of an expired permit shall be subject to the permit conditions required for a new permit applicant and shall pay the full amount of the permit. (Ord. 637, § 2, Amended by Ord. 720, § 1; Ord. 740, § 3; 1976 Code § 8-4.206).

8.20.180 Encroachment permits for sanitary sewer construction.

A. An encroachment permit application will be completed for any sanitary sewer construction within the public right-of-way and shall contain all information required by the director of public works, and be accompanied by payment of all fees determined by the city council in the City of Millbrae Fees and Service Charge Schedule.

B. All plans, calculations, designs, specifications, tests and surveys as required by this chapter and by the director of public works shall be submitted with the application. The applicant shall be subject to all conditions of the standard encroachment permit including, but not limited to, time limitations, indemnification and compliance as contained within this chapter and the Millbrae Municipal Code. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.207).

8.20.190 Encroachment permit time limitations.

A. All work shall be initiated within six months of the date of issuance of the encroachment permit and shall be completed within the time limit specified in the permit. If work is discontinued for any reason for a period of six months, the permit shall be deemed expired and no further work may proceed until the permit is reactivated and a reactivating fee paid.

B. Encroachment permits may be extended with the express written consent of the public works director only after the applicant has filed a request for time extension with the public works director stating the reasons for the request. The public works director may require additional fees for costs incurred by the city for permit time extensions. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.208).

8.20.200 Permit indemnification.

A. All applicants for permits required in this chapter shall be required to indemnify and save harmless the city and its officers, agents and employees from any and all liability to persons and property in connection with any activities related to the application for and discharge of any permit. The applicant shall provide for indemnification of the city, its councilmembers, and all officers, employees and agents of each of them in a form acceptable to and approved by the city attorney.

B. The applicant shall be solely liable for any defects in the performance of any activity under a permit and for any failure or defect which may arise from the performance of any activity or work permitted. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.209).

8.20.210 Permit compliance.

Any permit, when signed by the applicant and issued by the director, shall constitute an agreement to comply with all permit conditions and all terms and requirements of this chapter. Any modifications to the permit and its terms and conditions shall be made only upon written agreement between the director and the applicant, and shall thereafter be binding upon the applicant. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.210).

8.20.220 Permit revocation.

A. The director may revoke any permit issued under this chapter when the applicant fails to comply with the terms and conditions of the permit. Prior to permit revocation, the director shall provide notification to the applicant stating the reason warranting revocation. The applicant shall be provided ten days to respond to the proposed revocation action, unless the director determines that an action must be taken to protect the public health, safety or welfare. The director shall meet with the applicant and provide the applicant with the opportunity to respond to any revocation action in writing within these ten days. If the response provided by the applicant is deemed unsatisfactory to the director, the revocation will stand.

B. An applicant, only after filing a response with the director and having the request to repeal the permit revocation denied, may appeal the revocation to the city manager within ten days of the revocation repeal denial. If no appeal is made within this specified period, the revocation shall remain valid. (Ord. 637, § 2, Amended by Ord. 698, § 1; Ord. 720, § 1; 1976 Code § 8-4.211).

8.20.230 Abandonment of sanitary sewer connection.

A. Any sanitary sewer connection to the city’s wastewater collection system not connected to an existing structure having a current certificate of occupancy or being more than a single connection and not approved in writing by the director shall be removed or abandoned in place in a manner specified by the director. Demolition of an existing structure may require the removal or in-place abandonment of the sanitary sewerline as determined by the director. The director shall also approve of the manner in which the sanitary sewerline will be removed or abandoned.

B. The property owner shall be responsible for any costs associated with the removal or abandonment of a sanitary sewer connection. In the event a property owner fails to properly remove or abandon a sanitary sewer connection, the city may cause and take action to abate and remove or abandon the sanitary sewer connection or take any action set forth in Chapter 6.25 MMC with the costs paid by the property owner. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.212).

8.20.240 Design standards, general.

Minimum standards for the design and construction of public and/or private sanitary sewers, including rehabilitation, repair and replacement of sanitary sewer facilities, shall be in accordance with requirements of this chapter, the Uniform Plumbing Code sewer design and construction standards, and the Specifications and Standard Plans for Public Works Construction, a copy of which is available for viewing at the public works offices. The director or building official, as jurisdiction requires, may allow modifications or require special design and construction where nonstandard conditions are encountered. The following design requirements shall apply:

A. Construction documents consisting of plans, profiles, details and specifications shall be required for all sanitary sewer construction projects which document how sanitary sewer facilities are to be constructed. The construction documents shall be prepared by a civil engineer licensed to practice in the state of California. These construction documents shall show locations and boundary lines of affected properties; plans for the proposed work at a scale not exceeding one inch equals twenty feet; profiles of sanitary sewer facilities showing flowlines, pipeline grades, trench grades and ground surface elevations to the nearest one-tenth foot; details showing facility cross-sections, dimensions and material specifications; notes and specifications for the work including general notes and project specifications.

B. All sanitary sewer facilities shall be designed for installation within easements or rights-of-way dedicated for public use. Easement descriptions, dedications, acceptance and recordation shall be completed prior to construction of any sanitary sewer facilities and shall be prepared in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.) or in a form acceptable to the city attorney. Easements, which provide operation, maintenance and access rights to the city, shall be granted to the city and accepted at the discretion of the city council.

C. Sanitary sewers shall be connected to the city’s wastewater collection system in a manner and at a location approved by the director. Unless otherwise permitted by the director all connections shall be made at the point of lowest elevation on the city sanitary sewer main or manhole abutting or fronting the affected property.

D. Design criteria and pipeline materials criteria acceptable for design purposes shall be provided by the public works department for sanitary sewerlines within the public right-of-way, and by the building department for sanitary sewerlines on private property.

E. No more than one lot, parcel or tract of land shall be served from one sanitary sewer. An exception may be granted by the director for the following circumstances:

1. Where one or more multifamily structures are located on a single parcel, under common ownership, the structures may share and be served by the same sanitary sewer lateral if sized and constructed to contain the sanitary sewer flows in a safe and adequate manner.

2. Where one structure is constructed behind another and a direct connection to the city sanitary sewer main cannot be constructed, the existing sanitary sewer lateral for the front structure may be extended to the rear structure if sized and constructed to contain the sanitary sewer flows in a safe and adequate manner. This condition, if approved, will require the recordation of an easement and maintenance agreement establishing authority and responsibility for the jointly used sections of the sanitary sewerline for both structures. (Ord. 637, § 2, Amended by Ord. 720, § 1; Ord. 740, § 3; 1976 Code § 8-4.213).

8.20.250 Design review and approval.

A. The director of public works shall approve all designs for city sanitary sewer facilities before issuing an encroachment permit. Five sets of design documents shall be submitted to the director of public works for review and approval. The director of public works shall review and comment on submitted design documents within thirty calendar days of receipt of the documents.

B. The design engineer shall make all modifications, changes and revisions requested by the director of public works prior to any resubmittal of design documents previously reviewed by the director of public works. When all design documents meet the requirements of this chapter to the satisfaction of the director of public works, he/she will approve the design documents in writing within thirty calendar days of receipt of acceptable design documents. All design documents shall be marked “APPROVED” and shall indicate the date approved.

C. Upon approval of the design documents and payment of fees by the applicant, the director of public works shall issue an encroachment permit pursuant to MMC 8.20.180. The design documents shall become the approved construction documents upon issuance of the permit. The director of public works shall return two sets of approved construction documents with the encroachment permit to the permittee. The permittee shall keep at least one copy of the plans at the construction site at all times. One plan set shall be retained for recordation of any changes or modifications made during construction. Any changes or modifications made to the construction documents as constructed shall receive prior written approval by the director of public works. Changes to the sanitary sewerline design will receive prior written approval from the building official. As a condition of final acceptance, or approval, of completed sanitary sewer facilities, the permittee shall submit one set of “as-built” construction documents to the director of public works for the public record. “As-built” construction documents shall show locations of all sanitary sewer facilities as actually installed in the field to the nearest 0.25 feet vertically and horizontally. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.214).

8.20.260 Construction standards.

A. Construction of wastewater collection facilities shall be in accordance with the requirements of the city and construction documents approved by the director, this chapter and other applicable provisions of the Millbrae Municipal Code.

B. Any user constructing sanitary sewer facilities in the city shall comply with all state, county and city laws, ordinances, regulations and standards pertaining to construction practices. Where excavations over five feet are proposed, the applicant shall provide the director of public works with a copy of the approved trench excavation permit obtained from the local office of Cal-OSHA. The user undertaking construction shall pay all required fees for any permit required by government regulations.

C. Any user constructing sanitary sewer facilities shall provide adequate precaution to protect the public from potential injury resulting from any construction work. All excavations shall be adequately guarded with covers, barricades, cones, lights and warning tape to protect the public from hazards. Any public property including sidewalks, streets and landscaped areas shall be protected from damage. Any interference or damage to public property, or private property, shall be restored and repaired in a manner satisfactory to the director or private owner as appropriate.

D. Grade and line stakes shall be set by a registered civil engineer or land surveyor or an appropriate employee of either prior to the start of construction work on any wastewater collection system element. The contractor performing the work shall be responsible to accurately transfer established design grades and elevations to constructed work. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.215).

8.20.270 Inspection requirements.

A. All construction work within the public right-of-way and PUE shall be inspected by the director of public works or by the director’s designated representative. Work on private property shall be inspected by a city building inspector. All work shall be inspected by the contractor prior to requesting an inspection by the city. Upon request from the contractor, the construction inspector/building official, as appropriate, shall inspect the construction work for compliance with the approved construction documents. No construction work shall be covered or obscured before the construction inspector/building official has made inspection and approved the construction work.

B. The contractor shall comply with and submit all test reports, material submittals, certifications and schedules as required by the director and/or building official. Any materials or workmanship not meeting approved construction document requirements shall be immediately removed or corrected to their satisfaction.

C. Before acceptance of any construction work by the city, and prior to admission of any sewage into the city’s wastewater collection system, the construction work shall be fully inspected, tested and approved by the building official for sanitary sewerlines on private property and by the director for sanitary sewerlines in the public right-of-way. The building official and/or director shall issue a signed and dated certificate of occupancy for the constructed sanitary sewer facilities, copies of which shall be provided to the contractor and property owner. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.216).

8.20.280 Testing requirements.

Prior to the acceptance of any constructed sanitary sewer facilities, testing shall be performed and shall pass acceptance standards specified by the director and/or building official. These tests shall include as a minimum: low pressure air tests, and/or pressurized water leakage tests of all sanitary sewer pipelines, manholes and appurtenant structures. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.217).

Article III. Discharge Regulations

8.20.290 Prohibited waste discharges.

A. No user shall discharge or cause to be discharged to the city’s wastewater collection system wastewater or pollutants which will cause pass-through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other federal, state or local pretreatment standards or requirements.

B. No user shall discharge or cause to be discharged into the city’s wastewater collection system any wastewater or pollutants that may have an adverse or harmful effect on sanitary sewers, maintenance personnel, wastewater treatment plant personnel, equipment, effluent quality, public or private property, or otherwise endanger the public or environment, or create a public nuisance. The pretreatment supervisor shall, from time to time, prepare a list of the maximum permissible quantities or concentrations of certain constituents in the industrial wastewater flows through the development and revision of local limits and the incorporation of promulgated state and federal limits and standards which shall be adopted by ordinance by the city council. The director or authorized representatives may issue detailed directions for meeting the requirements of this section either through the issuance of permits or enforcement actions or both.

C. All dischargers to the city’s wastewater collection system shall comply with applicable effluent limits, standards and regulations set forth in 40 CFR, Subchapter N, Section 401 et seq. No user shall discharge or cause to be discharged any wastes which violate the National General and Specific Prohibited Discharges as set forth in 40 CFR 403.5(a)(1) and 40 CFR 403.5(b)(1) through 403.5(b)(8).

D. No user shall discharge or cause to be discharged to the city’s wastewater collection system the following pollutants, substances or wastewater:

1. Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW, or to the operation of the POTW, or any pollutants with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees Celsius using the test methods specified in 40 CFR 261.21. At no time shall two successive readings on an explosion hazard meter, at any point in the system, be more than five percent, nor any single reading over ten percent, of the lower explosive limit of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which are a fire hazard or a hazard to the city’s POTW system;

2. Wastewater having a pH lower than 6.0 or higher than 9.0 or having properties that cause corrosive structural damage to the POTW or equipment or to personnel;

3. Any solids or viscous substances of such size or in such quantity that they may cause flow obstruction in the POTW which results in interference. These objectionable substances include, but are not limited to, asphalt, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, bones, hair and fleshing, entrails, paper dishes, paper cups, milk containers, or other similar paper products, either whole or ground;

4. Any pollutant, including oxygen-demanding pollutants such as BOD and COD discharged in quantities or concentrations which, either alone or by interaction with other pollutants, will cause interference within the POTW;

5. Any wastewater having a temperature of one hundred eighty degrees Fahrenheit (eighty-two degrees Celsius) or higher at point of discharge or causing POTW influent to exceed one hundred four degrees Fahrenheit (forty degrees Celsius), or temperature which will inhibit biological activity at the POTW resulting in interference;

6. Petroleum oil, nonbiodegradable cutting oil, refined petroleum products or other products of mineral oil origin in amounts that will cause interference within the POTW, or pass-through;

7. Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

8. Discharges of trucked or hauled wastes to the city’s wastewater collection system except at points designated by the superintendent in accordance with MMC 8.20.360, 8.20.370 and 8.20.380;

9. Wastewater containing iron, boron, plastic, resins and toxic or poisonous solids, liquids or gases in such quantity that alone, or in combination with other discharges, may create a hazard to humans, animals, the local environment, interfere with the POTW, cause a public nuisance, or cause any hazardous condition to occur in the POTW;

10. Any substance which may cause the POTW’s effluent or any other product of the POTW, such as residues, sludges, or scums, to be unsuitable for reclamation or reuse or to interfere with the reclamation process;

11. Any wastewater containing dispersed biodegradable oils and fats, such as lard, tallow or vegetable oil, in concentrations that will cause interference or pass-through to occur within the POTW;

12. Any strongly odorous wastewater or wastewater tending to create odors;

13. Any wastewater containing over one-tenth milligram per liter of dissolved sulfides;

14. Any wastewater containing excessive quantities of chlorine or other chemical compounds used for disinfection purposes;

15. Any wastewater containing excessive amounts of chlorinated hydrocarbon or organic phosphorus-type compounds;

16. Deionized water, steam condensate or distilled water in such quantities or volume that causes upset, interference or pass-through to occur at the POTW;

17. Any wastewater containing substances that may precipitate, solidify or become viscous at temperatures between fifty degrees Fahrenheit and one hundred degrees Fahrenheit;

18. Any pollutant producing excessive discoloration of wastewater or POTW effluent;

19. Any allowable discharge including garbage that is not ground sufficiently to pass through a three-eighths-inch screen;

20. Any blow-down or bleed water from cooling towers or other evaporation units that exceeds one-third of the makeup water;

21. Any single-pass cooling water;

22. Any wastewater containing any quantity of wastes or isotopes except when the discharge complies with federal and state regulations;

23. Wastewater containing any portions of the human anatomy;

24. Any hazardous waste; or

25. Any substance and/or waste which results in extra cost to the city for collection, treatment, or disposal.

E. Pollutants, substances or other discharges prohibited by this section shall not be processed or stored in such a manner that they could either intentionally or accidentally be discharged to the POTW. (Ord. 637, § 2, Amended by Ord. 720, § 1; Ord. 740, § 4; 1976 Code § 8-4.301).

8.20.300 Disposal of unacceptable waste.

Waste not permitted to be discharged into the city’s wastewater collection system must be transported to a state-approved disposal site or otherwise legally and properly disposed of. The city may require that a copy of all hazardous waste manifests, bills of lading, chain of custody forms, or other receipts be submitted to verify proper disposal. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.302).

8.20.310 Local limitations on wastewater strength.

A. The city reserves the right, by ordinance or in wastewater discharge permits, to establish more stringent regulations, standards or requirements on discharges to the POTW.

B. The following maximum numerical limits are established to protect against pass-through and interference. No user shall discharge or cause to be discharged any wastewater containing in excess of the following constituents:

0.1		mg/L arsenic
0.2		mg/L cadmium
0.73		mg/L copper
0.11		mg/L cyanide
0.5		mg/L lead
0.01		mg/L mercury
0.44		mg/L nickel
1.16		mg/L selenium
0.32		mg/L silver
1.4		mg/L total chromium
2.0		mg/L zinc
21.0		mg/L phenol
0.1		mg/L benzene
1.0		mg/L BTEX (total)
10.0		mg/L TPH (total)
100.0		mg/L oil and grease
6		pH minimum limit
9		pH maximum limit
0.15		mg/L polycyclic aromatic hydrocarbons
1.0		mg/L total toxic organics (TTO)*

* TTO shall mean the sum of each of the following compounds found at a concentration greater than 0.010 mg/L:

1,1,1-Trichloroethane

1,1-Dichloroethane

1,1,2,2-Tetrachloroethane

Bis (2-chloroethyl) ether

Chloroform

1,1-Dichloroethylene

Methylene Chloride (Dichloromethane)

Pentachlorophenol

Bis (2-ethylhexyl) phthalate

Butyl benzyl-phthalate

Di-N-butyl phthalate

Phenanthrene

Tetrachloroethylene

Toluene

The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal. The superintendent may impose mass limitations in addition to, or in place of, the maximum limitations above.

C. The city reserves the right, by ordinance or in wastewater discharge permits, to lower the concentration limitations for the above constituents if it is evident that the wastewater from any one or number of dischargers is causing the effluent from the POTW to exceed the limits set forth in the city’s NPDES permit.

D. At no time shall an industrial user increase the use of process water or in any other way attempt to dilute a waste stream as a partial or complete substitute for treatment that is otherwise needed to achieve compliance with a pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. (Ord. 637, § 2, Amended by Ord. 720, § 1; Ord. 740, § 4; 1976 Code § 8-4.303).

8.20.320 Limitation of other pollutants.

No user shall discharge any other pollutants, including oxygen demand pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which may cause upset, pass-through, interference, limit the POTW’s sludge disposal options, or violate NPDES effluent limits, guidelines or regulations set forth in 40 CFR, Subchapter N, Section 401 et seq. In no case shall a slug load exceed any effluent limits included in the user’s permit. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.304).

8.20.330 Discharge of storm water or uncontaminated water prohibited.

No user shall discharge or cause to be discharged into the city’s wastewater collection system any storm water, groundwater, surface water, roof runoff, subsurface drainage, artesian well water, condensate, deionized water, pond or fountain water, noncontact cooling water and unpolluted wastewater, yard drainage, ponds or lawn sprays into any of the city’s wastewater collection system unless specifically authorized by the superintendent. (Ord. 720, § 1; 1976 Code § 8-4.305).

8.20.340 Discharge of swimming pool water.

All users must apply for a permit from the pretreatment supervisor prior to discharging swimming pool water to the city’s wastewater collection system. Swimming pool water discharges are subject to all provisions listed in the Millbrae Municipal Code. The city may require the user to submit information about the proposed swimming pool water discharges including a chemical analysis, the volume of discharge, the type of disinfection used, and the proposed discharge method. The city may regulate the discharges in a variety of ways which may include designating the size of pipe to be used for discharging the water, limiting the rate of discharge, and requiring the installation of backflow prevention devices and pretreatment equipment. Chapter 8.70 MMC, Storm Water Management and Discharge Control, prohibits the discharge of chlorinated swimming pool water into the city’s storm water collection system. (Ord. 720, § 1; 1976 Code § 8-4.306).

8.20.350 Discharge of hospital wastes.

A. Hospitals, clinics, offices of medical doctors and convalescent homes:

1. May discharge through a city-approved grinder installation with inlet size and design features suitable for its intended use and so constructed that all particles pass through a maximum three-eighth-inch opening, wastes of the following categories:

a. Wet organic kitchen wastes from food preparation and disposal, but excluding all paper and plastic items,

b. Infectious wastes, defined as:

i. Laboratory and surgical operating-room wastes, except as excluded in subsection (A)(2)(b) of this section,

ii. Wastes from outpatient areas and emergency rooms similar to those included in subsection (A)(1)(b)(i) of this section,

iii. Solid wastes generated in the rooms of patients who are not isolated because of a suspected or diagnosed communicable disease;

2. Shall not discharge to the sanitary sewer by any means:

a. Equipment, instruments, utensils or materials of a disposable nature that may harbor or transmit pathogenic organisms and that are used in the rooms of patients having a suspected or diagnosed communicable disease which by the nature of the disease is required to be isolated,

b. Any portions of the human anatomy,

c. Hypodermic needles, syringes and associated articles,

d. Wastes excluded by other provisions of this chapter except as specifically permitted in subsection (A)(1) of this section.

B. Nothing in this section shall be construed as limiting the regulatory authority of San Mateo County health officials, including their authority to require proper collection, storage, transport and disposal of infectious and hazardous wastes. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.307).

8.20.360 Discharge of holding tank waste.

No user shall discharge any holding tank waste into the city’s wastewater collection system unless he/she has been issued a temporary wastewater discharge permit by the superintendent. Unless otherwise allowed by the city under the terms and conditions of the permit, a separate permit must be secured for each discharge. This permit may state the specific location of discharge, the time of day the discharge is to occur, the volume of the discharge, and the wastewater constituents and characteristics. If a permit is granted for discharge of such waste into the city’s wastewater collection system, the user shall pay the applicable charges and fees as established in Article VII of this chapter, Fees and Charges, and shall meet such other conditions as required by the city. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.308).

8.20.370 Discharges from portable sanitation facility.

No user shall discharge or cause to be discharged directly or indirectly to the city’s wastewater collection system any holding tank waste originating from a temporary sanitation facility such as: recreational vehicles, boats, campers, mobile homes, trailers, portable toilets, chemical toilets or septic tank waste originating from any other source unless a wastewater discharge permit has been issued by the superintendent. The permit will identify the acceptable location, time, quantity and quality of discharge originating from portable sanitation facilities. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.309).

8.20.380 Industrial waste from mobile sources.

Industrial waste haulers shall comply with and are subject to the following discharge requirements:

A. Industrial waste haulers are required to obtain a wastewater discharge permit from the superintendent.

B. Generators of hauled industrial waste may be required to obtain wastewater discharge permits.

C. The discharge of hauled industrial waste may be prohibited by the superintendent.

D. Industrial waste may be discharged only at location(s) designated by the superintendent.

E. No load may be discharged without prior consent of the superintendent.

F. Samples from each load may be collected and analyzed, at the expense of the hauler, to ensure compliance with applicable standards.

G. The industrial waste hauler may be required to provide a waste analysis of any load prior to discharge.

H. Industrial waste haulers must provide a waste-tracking form for every load. The form shall include the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, the volume and characteristics of the waste, type of industry the waste originated from, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

I. The discharge of hauled industrial waste is subject to all requirements contained in this chapter. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.310).

8.20.390 Groundwater discharges.

Groundwater from underground storage tank remediation sites, well drilling sites, monitoring wells, or other sources is subject to all provisions in this chapter. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.311).

8.20.400 Discharge of sewage to streams is prohibited.

No user shall discharge or cause to be discharged into any stream or watercourse sewage, industrial waste or any other pollutants. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.312).

8.20.410 Discharges to the city’s storm water collection system.

The city’s storm water collection system is for the purpose of collecting and transporting rain water only. Direct or indirect discharges of anything other than rain water to the city’s storm water collection system are prohibited unless otherwise set forth in Chapter 8.70 MMC, Storm Water Management and Discharge Control. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.313).

8.20.420 Limitation on point of discharge.

No user shall discharge any substances directly into a manhole or other opening in the city’s wastewater collection system other than through an approved sanitary sewer lateral, unless he/she has been issued a permit by the superintendent. If a permit is issued for such direct discharge, the user shall pay the applicable charges and fees, as established in Article VII of this chapter, Fees and Charges, and shall meet such other conditions as required by the city. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.314).

Article IV. Maintenance of Sanitary Sewers

8.20.430 Sanitary sewer laterals.

As a general rule, the property owner at his/her expense shall maintain all sanitary sewer laterals, including, but not limited to, the building drain, sanitary sewer lateral to the cleanout wye connection or to the city sanitary sewer main as provided below, building cleanout, sidewalk cleanout frame and cover, backflow protection and backflow relief equipment. The property owner shall provide all maintenance of the sanitary sewer lateral, including the wye connection to a city sanitary sewer main, to ensure unobstructed flow of sewage from the property to the city sanitary sewer main. The property owner shall be responsible for clearing all obstructions in the sanitary sewer lateral immediately upon discovery or notification by the city. When clearing any obstructions in the sanitary sewer lateral or performing any maintenance to the sanitary sewer lateral, the property owner must install a temporary trap downstream of the sanitary sewer lateral to ensure any rootball, debris or other items dislodged from the sewer lateral do not flush into the city’s sanitary sewer system.

The city may require property owners to remove roots from private laterals that are growing into lower lateral sewer lines in the sanitary sewer system owned by the city. Where this condition occurs, the city will promptly notify the private property owner. Within one hundred twenty days of receiving notification from the city, the private property owner shall remove the roots from the sanitary sewer lateral, and will make all necessary repairs to the sanitary sewer lateral to prevent a reoccurrence of root intrusion that reaches the city’s lower lateral.

Any sanitary sewer lateral blockage that cannot be mitigated through implementation of reasonable measures by the property owner and/or a licensed professional sanitary sewer cleaning contractor shall be reported to the public works department immediately. The property owner shall reimburse the city for all reasonable costs, as determined by the director of public works, incurred by the city relative to any work or services rendered to remove a blockage or repair or otherwise work on a sewer line facility which is the responsibility of the property owner. The city shall only maintain the sanitary sewer lateral from the cleanout wye, inclusive of the cleanout wye, to the city sanitary sewer main under the following circumstances:

A. A cleanout is provided either in the sidewalk, or within two and one-half feet of the face of curb or edge of pavement where there is no sidewalk, or in a side or rear yard within two and one-half feet of the city main (see Illustration 1A at the end of this chapter); when the cleanout is located outside of these designated areas, the property owner is responsible for maintaining the sanitary sewer lateral all the way to the city sanitary sewer main, including the wye connection at the main. The above maintenance responsibilities shall be conducted in full compliance with all applicable requirements contained in this chapter.

B. Prior to the city’s acceptance of maintenance responsibility for that portion of a sanitary sewer lateral from a newly installed cleanout to the main, including the wye connection to the main, the property owner shall be responsible for having this section of lateral inspected internally by a closed circuit television camera and providing these results to the city for review. If the city determines that this section of the lateral is defective and does not meet city’s requirements, the property owner shall be required to perform all repairs necessary to bring the condition of the lateral up to city standards. Property owner must obtain an encroachment permit from the city prior to performing any required repairs on the city’s right-of-way. The city will accept maintenance responsibility for the section of the lateral from the new cleanout to the main only after both of the following conditions have been met: (1) the city has issued an encroachment permit for the required repairs in the city’s right-of-way, and (2) all repair work is completed to the city’s satisfaction.

C. Where a property owner, or tenant in the absence of action by the property owner, refuses to mitigate a condition that causes sewage to leak from the sanitary sewer lateral after discovery or notification by the city, or if action is not effective, the city has the option to either make the repairs itself or hire a licensed contractor, all at the owner’s expense, to mitigate the condition. If payment is not made by the owner, the city may impose a property tax lien to recover all of its costs associated with repairing the leakage. (Ord. 637, § 2, Amended by Ord. 707, § 2; Ord. 720, § 1; Ord. 738, § 2; 1976 Code § 8-4.401).

8.20.440 Abatement of leaks, breaks and improper sanitary sewer connections.

A. All sanitary sewer laterals, cleanouts and sanitary sewer appurtenances which are found to contain leaks, breaks, uncapped cleanouts, down spouts or yard drains which discharge into the city’s wastewater collection system, and any sources of accidental, negligent or intended introduction of storm water into the city’s wastewater collection system are declared to be a violation of this chapter, and shall be abated by the property owner, who is required to remove or correct such improper sanitary sewer connections. The property owner shall have thirty days from the date of the city’s notice of violation to obtain permits and make repairs unless public health and safety considerations require earlier action. If the work is not completed within this time frame, the city, at its option, may either make the repairs itself or hire a licensed contractor to mitigate the condition all at the owner’s expense. If payment is not made by the owner, the city may impose a property tax lien to recover all costs associated with mitigating the improper sanitary sewer connection.

B. Where a sanitary sewer overflow has occurred in city’s wastewater collection system as a result of a blockage, break or other issue in a sanitary sewer lateral, the property owner shall obtain permits and repair or replace the sanitary sewer lateral causing the sanitary sewer overflow within one hundred eighty days, unless:

1. The property owned by the property owner is undergoing an extensive remodel, in which case the repair and/or replacement of the sanitary sewer lateral shall occur no later than the new occupancy date for the building, or

2. The property owner claims financial hardship, in which case the city may conduct the repair or replacement.

If the work is not completed within this time frame, the city, at its option, may either make the repairs itself or hire a licensed contractor to mitigate the condition all at the owner’s expense. If payment is not made by the owner, the city may impose a property tax lien to recover all costs associated with mitigating the improper sanitary sewer connection.

C. This chapter authorizes the director of public works to perform smoke testing on city sanitary sewer mains and sanitary sewer laterals for the purpose of determining the location(s) of leaks, breaks and improper sanitary sewer connections. (Ord. 637, § 2, Amended by Ord. 720, § 1; Ord. 738, § 2; 1976 Code § 8-4.402).

8.20.450 Testing and replacement of sanitary sewer laterals.

A. A property’s sanitary sewer lateral(s) shall be tested for inflow and infiltration and all necessary repairs or replacement work shall be completed by the owner and approved by the city prior to transfer of title whenever any property is to be transferred to or vested in any other person or entity and such property includes any buildings or structures constructed more than twenty years prior to the anticipated date of transfer of ownership. Normally such testing need not be considered in the following circumstances:

1. For a period of five years following a test which sanitary sewer lateral passed;

2. For a period of twenty years after acceptance, by the city, of work performed for replacement of the complete sanitary sewer lateral;

B. The director of public works shall establish or approve testing procedures. Testing will be the owner’s responsibility.

C. At such time as the consent decree entered into between the city of Millbrae and San Francisco Baykeeper, approved November 15, 2010, is no longer in effect, which shall occur on November 14, 2016, unless the consent decree is extended, then the implementation of the testing and repair requirements by a property owner set forth in this section shall be at the discretion of the city, as long as such discretion is exercised in a manner to ensure compliance with all federal and state claims and requirements regarding the city’s municipal sewer system. (Ord. 637, § 2, Amended by Ord. 720, § 1; Ord. 738, § 2; 1976 Code § 8-4.403).

8.20.460 Inspection of sanitary sewer laterals as precondition to obtaining a building permit.

A. For any project requiring a building permit where plumbing fixtures are added to the property, and/or more than twenty-five percent of the building area is being remodeled, altered or enlarged, the project applicant or property owner shall inspect all sanitary sewer laterals on the property for defects and satisfy the requirements in this section before a building permit is issued.

B. Sanitary sewer laterals are to be inspected by property owners, and their condition evaluated by the city, according to the process set forth below.

1. The inspection must be conducted by a licensed plumber or sewer contractor using a closed circuit television camera, or CCTV, to adequately evaluate the internal condition of the sewer lateral.

2. Upon completion of the inspection, the person conducting the inspection shall provide a copy of the video of the inspection to the city for viewing and evaluation by the city.

3. The city shall evaluate the video for defects including blockages, structural defects, illicit connections, open joints, appropriate cleanouts, materials that do not have a remaining design life of twenty-five years, missing sewer relief valves and sewer backwater valves.

4. A sewer lateral shall be considered in compliance with the provisions of this chapter, and a building permit will be issued, if the video of the inspection verifies all of the following conditions, to the satisfaction of the city:

a. The sewer lateral is free of roots, deposits of FOG, or other solids which may impede or obstruct the flow of sewage.

b. There are no illicit or illegal connections to the sewer lateral which would cause inflow, such as roof leaders or yard drains.

c. All joints in the sewer lateral are tight and sound to prevent the exfiltration of sewage or the infiltration of groundwater.

d. The sewer lateral is free of structural defects, cracks, breaks, or missing portions and the grade is reasonably uniform without major sags or offsets.

e. The sewer lateral is equipped with cleanouts.

f. The sewer lateral is constructed of materials with a remaining design life of at least twenty-five years.

g. A sewer relief valve is installed.

h. A sewer backwater valve is installed.

5. Any defects in the sewer lateral that cause the sewer lateral to fail the inspection must be repaired or replaced within ninety days of the date the city determines that a defect exists. Proof of the repair or replacement as directed by the city must be provided to the city before a building permit will be issued. (Ord. 738, § 2).

8.20.470 Sidewalk cleanouts.

A. Sidewalk cleanout construction details and material specifications shall conform to the current edition of the city specifications and standard plans for public works construction, a copy of which is available for viewing at the public works office or on city’s website. Cleanouts, if not existing, shall be installed at the owner’s expense under any of the conditions listed below:

1. All new construction;

2. On remodels where plumbing fixtures are added to the property, and/or more than twenty-five percent of the building area is being remodeled;

3. When any replacement or repair is performed on the sanitary sewer lateral;

4. Whenever backflow protection and/or relief device is installed;

5. When a property has been damaged by the blockage of the city sanitary sewer main;

6. On all structures where a pump is used to lift sewage to the sanitary sewer lateral and city sanitary sewer main or on structures where the elevation of any floor is at or below the invert of the city sanitary sewer main, or where a condition may exist where a plug in the city sanitary sewer main will cause the hydraulic grade line to rise above the lowest floor level.

B. Failure of the owner to install a sanitary sewer cleanout for or as a result of any of the above conditions shall relieve the city of any and all responsibilities for any and all subsequent damage caused by sanitary sewer overflows. (Ord. 720, § 1, Amended by Ord. 738, § 2; 1976 Code § 8-4.404. Formerly 8.20.460).

8.20.480 Backflow protection and relief devices.

A. Backflow protection and relief device installation details and material specifications shall conform to the current edition of the city specifications and standard plans for public works construction. Backflow protection and relief devices shall be installed and maintained at the property owner’s expense under any of the conditions listed below:

1. All new construction;

2. On remodels where plumbing fixtures are added to the property, and/or more than twenty-five percent of the structure area is being remodeled;

3. When any replacement or repair is made to the sanitary sewer lateral;

4. When property has been damaged by the blockage of the city sanitary sewer main;

5. On all structures where a pump is used to lift sewage to the sanitary sewer lateral and city sanitary sewer main. The backflow relief device shall be located to protect the structure from damage in the event the pump is pumping against a closed backflow prevention device;

6. Buildings where the elevation of any floor is at or below the invert of the city sanitary sewer main, or where a condition may exist where a plug in the city sanitary sewer main will cause the hydraulic grade line to rise above the lowest floor level.

B. Failure of the owner to install a backflow prevention device for or as a result of any of the above conditions shall relieve the city of any and all responsibilities for any and all subsequent damage caused by sanitary sewer overflows. (Ord. 637, § 2, Amended by Ord. 720, § 1; Ord. 738, § 2; 1976 Code § 8-4.405. Formerly 8.20.470).

8.20.485 Nuisance.*

No user shall discharge or cause to be discharged to a public sanitary sewer any waste that creates a stoppage, plugging, breakage, reduction in sanitary sewer capacity or any other damage to sanitary sewers or sewerage facilities of the city. Any such condition is deemed a nuisance and the city may invoke any of the remedies in Chapter 6.25 MMC or any other chapter or provision of this code. (Ord. 637, § 2, Amended by Ord. 720, § 1; Ord. 738, § 2; 1976 Code § 8-4.406. Formerly 8.20.480).

* Code reviser’s note: Ord. 738 numbered this section as MMC 8.20.490. It has been editorially renumbered to avoid duplication of numbering.

Article V. Industrial Wastewater Pretreatment Requirements

8.20.490 Determination of necessity for pretreatment.

The superintendent or agent of the superintendent shall determine a facility’s need for pretreatment. In making such determinations, facilities will be evaluated on, but not limited to, such factors as kind of activities, discharge flow rates and strength of discharge. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.501).

8.20.500 Pretreatment of wastewater required.

Users identified by the superintendent or agent of the superintendent must provide necessary wastewater treatment to comply with this chapter, and shall achieve compliance with all Federal Categorical Pretreatment standards, local limitations and the prohibitions set out in Article III of this chapter, Discharge Regulations, within the time limitations as specified by federal, state or local control authorities. Any facilities or equipment to achieve compliance shall be provided, operated and maintained at the user’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the superintendent for approval before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the superintendent under the provisions of this chapter. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.502).

8.20.510 Pretreatment of industrial wastewater.

A. 1. An industrial wastewater pretreatment system or device may be required by the city to treat industrial flows prior to discharge to the city’s wastewater collection system when it is necessary to restrict or prevent the discharge of certain waste constituents, to distribute more equally over a longer time period any peak discharges of industrial wastewaters, or to accomplish any pretreatment result required by the city. All pretreatment systems or devices shall be approved by the superintendent or pretreatment supervisor, but such approval shall not absolve the discharger of the responsibility of meeting any industrial-effluent limitation required by the city.

2. In special cases, the city may require construction of sanitary sewer pipelines by the discharger to convey certain industrial wastes to a specific city trunk in the sanitary sewer. All pretreatment systems judged by the superintendent to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed in the state of California.

B. A gravity-separation interceptor, equalizing tank, neutralization chamber and control manhole is required to remove prohibited settleable and floatable solids, to equalize wastewater streams varying greatly in quantity and/or quality, to neutralize low or high pH flows, and to facilitate inspection, flow measurement and sampling. Floor drains from commercial or manufacturing buildings, warehouses or multi-use structures shall not discharge directly to the sanitary sewer, but shall first discharge to a gravity-separation interceptor. The type and size of these facilities will be determined by the pretreatment supervisor. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.503).

8.20.520 Industrial wastewater discharge permit requirements.

A. No user shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to the city’s wastewater collection system without first obtaining a permit for industrial wastewater discharge from the pretreatment supervisor.

B. The permit for industrial wastewater discharge may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sanitary sewers, relocation of point of discharge, prohibition of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased cost to the city created by the wastewater discharge, and such other conditions as may be required to effectuate the purpose of these rules and regulations.

C. No user shall discharge industrial wastewaters in excess of the quantity or quality limitations set by their wastewater discharge permit. Any user desiring to discharge wastewaters or use facilities which are not in conformance with their wastewater discharge permit must notify the superintendent or pretreatment supervisor prior to discharging the wastewaters or using the facilities and obtain required approval.

D. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.

E. Upon the promulgation of any federal categorical pretreatment standards for a particular industrial subcategory, the federal standards for that particular industrial subcategory, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The superintendent shall notify all persons affected by changes in federal standards and requirements as stated in 40 CFR Section 403.8.

F. Contractors operating in the city may be required to read and sign a contractor’s operating agreement either at the time of business license application or building permit application. The contractor’s operating agreement shall serve notice to contractors of their duty to comply with all Millbrae Municipal Code regulations, including those contained in the city sanitary sewer ordinance, and shall be deemed to be a binding document between the city and the contractor.

G. Any violation of the terms and conditions of an industrial wastewater discharge permit shall be deemed a violation of this chapter and subjects the industrial wastewater discharge permittee to the sanctions set out in Article VI of this chapter, Enforcement Remedies. Obtaining an industrial wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal pretreatment standards or requirements or with any other requirements of federal, state and local law. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.504).

8.20.530 Industrial wastewater discharge permit application contents.

A. Users seeking an industrial wastewater discharge permit shall complete and file with the superintendent or pretreatment supervisor an application in the form prescribed by the city and accompanied by the applicable fees as established in Article VII of this chapter, Fees and Charges. The applicant may be required to minimally submit, in units and terms appropriate for evaluation, the following information:

1. Name and address of applicant and facility;

2. Volume of wastewater to be discharged;

3. Wastewater constituents and characteristics, including but not limited to those mentioned in Article III of this chapter, Discharge Regulations, as determined by a laboratory approved by the city;

4. Time and duration of discharge;

5. Average and thirty-minute peak wastewater flow rates, including daily, monthly and seasonable variations, if any;

6. Site plans, floor plans, mechanical and plumbing plans and details to show all sanitary sewers, floor drains, storm drains and appurtenances by size, location and elevation, and all points of discharge;

7. Description of all activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals which are or could be accidentally or intentionally discharged to the city’s wastewater collection system;

8. Accidental spill/slug discharge plan;

9. Chemical or solvent management plans;

10. Waste minimization plan;

11. Each product produced by kind, amount and rate of production;

12. Type and amount of raw materials processed (average and maximum per day);

13. Number and type of employees and proposed or actual hours of operation;

14. Any other information as may be deemed necessary by the superintendent or pretreatment supervisor to evaluate the permit application.

B. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (Ord. 637, § 2, Amended by Ord. 720, § 1; Ord. 740, § 5; 1976 Code § 8-4.505).

8.20.540 Certification and signatory requirements.

A. All wastewater discharge permit applications and/or reports submitted to the city must be signed by an authorized representative in accordance with signatory requirements as set forth in 40 CFR 403.12(1) and contain the following certification statement or one comparable:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate all the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

B. For a corporation, the authorized representative must be a responsible corporate officer, president, secretary, treasurer, vice-president in charge of principal business function or manager of manufacturing, production, or operation for facilities employing more than two hundred fifty or having gross annual sales exceeding twenty-five million dollars if authority to sign has been delegated. For a partnership or sole proprietorship, the authorized representative is the general partner or sole proprietor, respectively. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.506).

8.20.550 Industrial wastewater discharge permit contents.

Wastewater discharge permits, issued by the superintendent, shall include such conditions as are deemed reasonably necessary by the superintendent or pretreatment supervisor to prevent pass-through or interference of the POTW, protect the quality of the water body receiving the POTW’s plant effluent, protect worker health and safety, facilitate sludge management and disposal, protect against damage to the POTW and are expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees as established in Article VII of this chapter, Fees and Charges. Permits may contain the following:

A. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;

B. A statement that the wastewater discharge permit is nontransferable;

C. Specifications for monitoring programs which may include self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law;

D. The unit charge or schedule of user charges and fees for the wastewater to be discharged to the city’s wastewater collection system;

E. Limits on the average and maximum wastewater constituents and characteristics;

F. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

G. Requirements for installation and maintenance of inspection and sampling facilities;

H. Requirements for the installation of pretreatment technology, pollution control, or construction, at owner’s expense, of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the POTW;

I. Requirements for the development, implementation, and submittal of an accidental spill-control/slug discharge plan and other special conditions, as circumstances require, including best management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges;

J. Development and implementation of pollution prevention plans to reduce the amount of pollutants discharged to the POTW;

K. Compliance schedules;

L. Requirements for submission of various compliance reports;

M. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access thereto;

N. Requirements for notifying the city prior to introducing any new wastewater constituents, or changes in the volume or character of the wastewater, or changes in the wastewater treatment system;

O. Requirements for notification of accidental spills, slug discharges and bypasses;

P. Requirements for preparation and routine review of solvent management plans as circumstances require;

Q. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements; and

R. Other conditions as deemed appropriate by the superintendent to ensure compliance with this chapter, and state and federal laws, rules and regulations. (Ord. 637, § 2, Amended by Ord. 720, § 1; Ord. 740, § 5; 1976 Code § 8-4.507).

8.20.555 Best management practices as industrial pretreatment limits.

A. Background. Industrial local pretreatment limits may be expressed through conditions in the user’s permit as narrative statements (typically prohibitions) such as those set forth in MMC 8.20.290, numerical values such as those listed in MMC 8.20.310, or a combination of both expressed as best management practices (BMPs) (40 CFR 403.5(c)(4)). Historically, BMPs only applied to groups of low-flow discharges that had similar processes and discharged similar types of wastewater (e.g., photo processors and dentist offices). However, with the recent lowering of indirect discharge limitations and improved analytical methods, the city will begin using BMPs in cases where it is not practical or economically feasible for an industrial user to monitor for or attain specific numerical pretreatment limits. This section gives the city the ability to shift from numerical end-of-pipe chemical controls on an industrial user to BMPs and pollution prevention as an effective way for the city to achieve compliance with NPDES permit limits. BMPs are enforceable under 40 CFR 403.5(d).

B. BMP Use Examples.

1. There is insufficient flow from an industrial user or a category of industrial users to obtain a representative wastewater sample (e.g., dentist offices, photo processors).

2. The proposed local limit is less than the detection limit and/or quantification level (40 CFR Part 136) of the most stringent analytical procedure.

3. The BMP is clearly the most economically feasible method for regulating the pollutant of concern.

C. BMP Removal from Permit. The city may consider a request to remove the BMP requirement from the indirect discharge permit if the permittee can demonstrate that the discharge is reasonably expected to meet the numeric local limit. In cases where the numeric local limit is calculated to be negative and where the industry’s effluent sampling results for pollutants with BMP requirements are below the quantification level, the city may also consider a permit modification request. Relaxation of the permit conditions does not allow the industry to return to its previous methods of operation.

D. Inspections, monitoring, and numeric effluent limits may still be required by the city to verify that the industry remains in compliance. At a minimum, a certification statement is required certifying that the industry is operating under its approved BMP and no changes have been implemented.

E. BMPs may be used in the discretion of the city where appropriate to meet such pretreatment standards in a practical and economic fashion.

F. Industrial users subject to BMPs as a means of complying with standards of this part shall maintain documentation to demonstrate compliance with all BMP standards for the term of the permit or five years, whichever is longer. (Ord. 740, § 5).

8.20.560 Industrial wastewater discharge permit appeals.

A. A permittee may petition to appeal the terms of a permit to the director within thirty days of the issue date of the permit. The petition must be filed prior to initiating discharges to the city’s wastewater collection system if discharges have been suspended or are dependent upon the issuance of the permit. The petition must be in writing. Failure to timely submit a petition for review shall be deemed to be a waiver of the appeal. In the petition, the permittee must indicate the permit provisions which are the subject of objections, the reasons for this objection, and the alternative condition sought to be placed in the permit.

B. The effectiveness of the permit shall not be stayed pending consideration of the appeal by the director. If, after considering the petition, the director determines that reconsideration is proper, the director shall remand the permit back to the superintendent for reissuance. Those permit provisions being revised by the superintendent shall be stayed pending reissuance. If the director determines that the permit terms are appropriate, the petition will be denied in writing. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.508).

8.20.570 Industrial wastewater discharge permit modification.

The terms and conditions of a permit may be subject to modification by the city during the term of the permit as a result of a change in the character or volume of the wastewater discharge, changes in business operations or practices, changes in state or federal limitations and requirements, violations of effluent limits, or factors which may affect the POTW’s effluent or their ability to dispose of solid wastes. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.509).

8.20.580 Transfer of industrial wastewater discharge permit.

Wastewater discharge permits shall be issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation. An application for a wastewater discharge permit must be submitted within thirty days of change of ownership to the pretreatment supervisor. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.510).

8.20.590 Industrial wastewater discharge permit reissuance.

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with MMC 8.20.530, a minimum of sixty days prior to the expiration of the user’s existing wastewater discharge permit. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.511).

8.20.600 Reports that may be required (including proposed new businesses).

The superintendent may require those who are proposing to open a new business within the city to complete and submit the report listed in subsection A of this section, and require users who have a current wastewater discharge permit to complete and submit any and all reports such as:

A. Baseline Monitoring Reports (Categorical Users).

1. Existing categorical users currently discharging or scheduled to discharge to the POTW shall submit to the superintendent, within one hundred eighty days after the effective date of a categorical pretreatment standard or a final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, the information listed in this subsection.

2. An industrial user that is subject to categorical pretreatment standards shall submit to the superintendent, at least one hundred twenty days prior to a proposed discharge from a new or existing industrial business, the method of pretreatment it intends to use to meet applicable categorical standards, an estimate of its anticipated flow and quantity of pollutants to be discharged and the information listed below:

a. Name and address of facility, including the name of the operator and owner;

b. A list of any environmental control permits related to the facility;

c. A brief description of the nature, average rate of production and SIC of the operation, and a schematic diagram indicating discharge points to the POTW from the regulated processes;

d. The average daily flow and maximum daily flow, in gpd, to the POTW from regulated process streams and other streams to allow use of the combined wastestream formula set out in 40 CFR 403.6(e);

e. Measurement of Pollutants. The results of sampling and analysis identifying the nature and concentration, and/or mass, of pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required;

f. Certification Statement. A statement, reviewed by the user or authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required to meet the standards;

g. Compliance Schedule. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or operation and maintenance. A compliance schedule pursuant to this section must meet the requirements as set forth in 40 CFR 403.12(b), (c), (d), and (e);

h. All baseline monitoring reports must be signed and certified by the user or an authorized representative in accordance with MMC 8.20.540.

B. Self-Monitoring Reports.

1. Industrial users shall submit self-monitoring reports as required by the superintendent. This includes, but is not limited to, standards set forth in 40 CFR 403.12, to assess and assure compliance with all provisions in the city sanitary sewer ordinance and national pretreatment categorical limits and standards set forth in 40 CFR, Subchapter N, Section 401 et seq.

2. If self-monitoring results indicate a violation of the user’s discharge limits, the user shall report it to the superintendent within twenty-four hours of becoming aware of the violation. The superintendent may require the user to resample within thirty days after becoming aware of a violation in self-monitoring results.

3. All test procedures for sampling and analysis of wastewater for self-monitoring reports or any other purpose must follow the procedures set forth in 40 CFR Part 136 as may be amended and costs are the sole responsibility of the discharger.

C. Periodic Compliance Reports.

1. Except as indicated in subsections (C)(3) and (4) of this section, all industrial users shall, at a frequency determined by the superintendent, but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period.

2. The superintendent shall require appropriate reporting from industrial users with discharges that are not subject to categorical pretreatment standards. These reports may require the user to provide the POTW with documentation, typically through bill of lading, regarding the ultimate disposal of any waste that is prohibited from being discharged to the city’s wastewater collection system.

3. If the superintendent so chooses, the reporting requirements for non-significant categorical industrial users (NSCIU) may be reduced; provided, that:

a. Consistent Compliance with Pretreatment Standards. The user, prior to the control authority’s findings, must have consistently complied with all applicable categorical pretreatment standards and requirements. See 40 CFR 403.3(v)(2)(i).

b. Documentation and Certification of Compliance. The NSCIU certifies that its discharge is in compliance with all applicable categorical pretreatment standards and requirements and annually submits the certification using the statement in 40 CFR 403.12(q). See 40 CFR 403.3(v)(2)(ii).

c. Signatory Requirements. The annual certification statement must be signed in accordance with requirements in 40 CFR 403.12(l). See 40 CFR 403.12(q).

4. If the superintendent so chooses, the reporting requirements for middle-tier categorical industrial users may be reduced to once per year; provided, that all requirements described in MMC 8.20.030 continue to be met.

D. Compliance Schedule Progress Reports.

1. Industrial users in violation of their wastewater discharge permit, as required by the superintendent, shall submit compliance schedule progress reports. These reports shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user who is not meeting applicable pretreatment standards. Such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation.

2. The user shall submit monthly progress reports to the superintendent until all violations have been cleared. The report should contain, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps taken by the user to return to the established schedule.

E. Reports of Changed Conditions. Users must report to the superintendent any planned significant changes that will cause a twenty percent or greater increase in wastewater generation, discharge flow, or constituent concentrations or cause any changes in collection methods, treatment processes, discharge practices, including previously unreported pollutants or any other changes which may affect treated or untreated wastewater quality prior to initiating or continuing discharges to the city’s wastewater collection system.

F. Reports of Potential Problems.

1. All users must report to the superintendent or the pretreatment supervisor immediately, by telephone, when any discharge, including, but not limited to, accidental, nonroutine, episodic nature, noncustomary batch, or slug load, poses a threat to human health or the environment, or may result in upset, pass-through, damage or interference of the POTW. Users must report to the superintendent or pretreatment supervisor all other accidental or slug discharges within twenty-four hours of the discharge occurring.

2. This report shall be followed, within ten days of the date of occurrence, by a detailed written report describing the causes of the accidental discharge and the measures being taken to prevent similar future occurrences. Such reporting shall not relieve the discharger of any expense, loss, damage, fines, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the discharger of any fines, penalties, or other liability imposed on the city on account thereof under Section 13350 of the California Water Code or for violations of Section 5650 of the California Fish and Game Code.

G. All written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report shall govern. (Ord. 637, § 2, Amended by Ord. 720, § 1; Ord. 740, § 5; 1976 Code § 8-4.512).

8.20.610 Analytical requirements.

A. All sampling techniques for analyses to be submitted as part of a wastewater discharge permit application or report shall comply with 40 CFR 403.12. All pollutant analysis to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analysis must be performed in accordance with procedures approved by the EPA. All monitoring results shall be reported to the city in compliance with reporting requirements addressed herein.

B. Except as indicated in subsection C of this section, the user must collect wastewater samples using flow-proportional composite collection techniques. The superintendent must authorize the use of time-proportional sampling or grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged prior to the submittal of the samples. In addition, grab samples may be required to show compliance with maximum discharge limits.

C. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.

D. When sampling performed by a user indicates a violation, the user must notify the superintendent or pretreatment supervisor within twenty-four hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit the results to the superintendent within thirty days after becoming aware of the violation. The user may not be required to resample if the industrial waste inspector monitors at the user’s facility at least once a month, or if the industrial waste inspector samples between the user’s initial sampling and when the user receives the results of the sampling.

E. The superintendent may waive sampling and analysis requirements for a categorical industrial user for a pollutant if the pollutant is not present in the wastestream discharged to the POTW in concentrations greater than background levels present in the industry’s water supply; provided, that:

1. The industrial user must provide the results of one or more samples prior to treatment which are representative of all process wastewater.

2. In the event that a pollutant is subsequently found to be present or is expected to be present, the industrial user immediately resumes monitoring and notifies the superintendent.

3. The industrial user submits a certification statement as part of its annual monitoring reporting stating that there has been no increase in the pollutant in its wastewater due to its activities.

Any such waiver granted by the superintendent shall be valid only for the duration of the industrial user’s permit. In order to continue the waiver for the period of the next permit, the industrial user must reapply for the waiver, including the submission of appropriate monitoring data. (Ord. 637, § 2, Amended by Ord. 720, § 1; Ord. 740, § 5; 1976 Code § 8-4.513).

8.20.620 Retention of records.

All records, reports, monitoring data or documents which pertain to requirements set forth in permits, the city sanitary sewer ordinance, state or federal regulations, or enforcement actions taken by the city against the user shall be retained by the user at the business premises for a minimum of three years. Users shall make records available for inspection and copying by authorized city personnel, as well as representatives of the U.S. EPA. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.514).

8.20.630 Confidential information.

A. User information and data obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the superintendent or pretreatment supervisor that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such claim of confidentiality must be asserted at the time of submission of confidential materials and in accordance with regulations contained in 40 CFR Part 2.

B. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to governmental agencies who will have, without any delays, immediate and unlimited access to all records for review of confidential material. Wastewater constituents and characteristics will not be recognized as confidential information.

C. The city’s determination whether any information can be kept confidential will be governed by applicable federal and state laws and regulations.

D. Information accepted by the city as confidential shall be made available to the public only to the extent provided by the federal regulations contained in 40 CFR 2.302, Public Information, and applicable state laws and regulations. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.515).

8.20.640 Monitoring facilities to be provided.

A. The superintendent shall require monitoring facilities to be provided and operated at the user’s expense. Monitoring facilities shall allow for easy and ready access for inspection, sampling and flow measurement of the sanitary sewer lateral and/or internal drainage systems. The facility should normally be located on the user’s premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the monitoring facility to be constructed in the public street or sidewalk area and located, at the user’s expense, so that it will not be obstructed by landscaping or parked vehicles.

B. There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

C. Whether constructed on public or private property, the facility shall be in accordance with the city’s requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety days following written notification of approval of the facility by the superintendent or pretreatment supervisor. (Ord. 637, § 2, Amended by Ord. 720, § 1; Ord. 740, § 5; 1976 Code § 8-4.516).

8.20.650 Inspection and sampling.

The city may, but is not obligated to, inspect the facilities of any user to ascertain whether the provisions of this chapter are being met and all requirements are being complied with. Users or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or the performance of any of their duties. The city, approval authority and the EPA shall have the right to set up on the user’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.517).

8.20.660 Control manholes.

When required by the director, the owner of any property served by a sanitary sewer lateral carrying industrial wastes shall install a suitable control manhole in the sanitary sewer lateral to facilitate observation, sampling and measurement of wastes. Such manhole, when required, shall be located in a safe and accessible place, and shall be constructed in accordance with plans approved by the director. The manhole shall be installed by the owner at his/her expense, and shall be maintained by him/her so as to be safe and accessible at all times. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.518).

8.20.670 Interceptors – When required.

Grease, oil and sand interceptors shall be provided when, in the opinion of the director or superintendent, they are necessary for the proper handling of liquid wastes containing grease or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for structures used for residential purposes. All interceptors shall be of a type and capacity approved by the superintendent, and shall be so located as to be readily and easily accessible for cleaning and inspection. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.519).

8.20.680 Maintenance of interceptors.

All grease, oil and sand interceptors shall be maintained by the owner, at his/her expense, in continuous efficient and effective operation at all times. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.520).

8.20.690 Notices to employees of rules and regulations.

In order that employees of dischargers may be informed of city requirements, dischargers shall make available to their employees copies of this chapter, together with such other wastewater information and notices which may be furnished by the industrial waste inspector from time to time, directed toward more effective pollution prevention control. A notice shall be furnished by the industrial waste inspector and permanently posted on the discharger’s bulletin board advising employees of who to call in case of an accidental discharge in violation of rules and regulations. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.521).

8.20.700 Reference to Article III, Discharge Regulations.

Users regulated under the pretreatment program shall refer to Article III of this chapter, Discharge Regulations, for information on inappropriate discharges to the city’s wastewater collection system. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.522).

8.20.710 Maintenance of pretreatment facilities.

Where pretreatment facilities are required for any waters or wastes, they shall be maintained in satisfactory and effective operation by the owner at his/her expense. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.523).

8.20.720 Illicit discharge elimination.

Any direct or indirect connection or entry point for wastes from the discharger’s plumbing or drainage system that may cause or has the potential to cause POTW upset, pass-through or interference shall be eliminated. Where such action is impractical or unreasonable, as determined by the superintendent, the user shall establish procedures acceptable to the superintendent to prevent the discharge of such wastes in violation of this chapter. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.524).

8.20.730 Pollution prevention required.

Users must comply with all city, state and federal pollution prevention program requirements. Dischargers may be required to develop and implement a pollution prevention program that includes but is not limited to:

A. A determination of which pollutants are currently a problem or may potentially be a problem in the future to the POTW or the environment as a whole;

B. Determining which pollutants of concern to focus on and how to effectively address their reduction through source reduction and recycling activities. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.525).

Article VI. Enforcement Remedies

8.20.740 Enforcement authority.

A. The pretreatment supervisor shall have the authority to issue warning notices, late notices, notices of violation (NOV), administrative fines, and to publish the names of users guilty of significant noncompliance pursuant to 40 CFR Section 403.8.

B. In addition to all of the above, the superintendent shall have the authority (1) to issue cease and desist orders, compliance orders, consent orders, show-cause orders, and civil and criminal actions, (2) to suspend or revoke discharge permits, and (3) to terminate discharges to the city’s wastewater collection system by shutting off water service.

C. In addition to all of the above, the director shall have the authority to issue an order to restrict, suspend or disconnect a user from the city’s wastewater collection system by taking actions deemed appropriate to disconnect the user permanently from the municipal water system. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.601).

8.20.750 Right of entry – Inspection and sampling.

A. Officers, inspectors, superintendents and other duly authorized employees of the state and city shall carry evidence establishing their position as authorized representatives and upon exhibiting the proper credentials and identification shall be permitted to enter in and upon any and all structures, industrial facilities and properties for the purposes of inspection, reinspection, observation, measurement, sampling, testing or otherwise performing such duties as may be necessary in the enforcement of the provisions of this chapter.

B. Inspectors shall be allowed access for inspection and sampling to all facilities that are involved directly or indirectly with the discharge of wastewater to the city’s wastewater collection system or which contain records and documents required by MMC 8.20.620. Facilities shall include but not be limited to: wastewater generating, conveyance, treatment, storage and transfer facilities; hazardous materials handling, storage and transfer facilities; hazardous waste generating, handling, storage and transfer facilities; sampling and monitoring facilities; and records and document storage files.

C. Access to all of the above facilities and/or documents shall be given to authorized personnel of the state or city at all reasonable times, including those occasioned by emergency conditions. Any permanent or temporary obstruction to easy access to the facility to be inspected shall promptly be removed by the facility user or owner at the written or verbal request of the inspector or other authorized city personnel and such obstructions shall not be reinstated in any manner.

D. No user shall interfere with, delay, resist or refuse entrance to any authorized state or city personnel attempting to inspect any facilities or documents listed in this section or otherwise authorized by provisions contained in the Millbrae Municipal Code. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.602).

8.20.760 Enforcement actions.

The remedies provided for in this section are not exclusive. Enforcement of violations of this chapter will generally be in accordance with the POTW’s enforcement response plan, a copy of which is available for viewing at the water pollution control plant office. However, the city may take other appropriate action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user. Enforcement actions may include:

A. Administrative Actions.

1. Late/Incomplete Warning Report Notice. When periodic self-monitoring reports or any report required by this chapter or wastewater discharge permit have not been received by the designated submittal date, or have been received but are not complete, a late notice or incomplete report notice requiring that the report be submitted within a specified time period with all required information may be issued. The city is in no way bound to submit a late notice prior to exercising other enforcement remedies included in this chapter.

2. Notice of Violation (NOV). When a user has violated or is violating provisions contained in this chapter, the user’s wastewater discharge permit or an order issued thereunder, the city may serve upon such user written notice of the violation. The city may require that the user submit a report containing an explanation of the violation and submit for approval a detailed time schedule to correct the violation which includes a specific action plan to correct and prevent future violations in a satisfactory manner.

3. Cease and Desist Orders. When a user has violated or is violating provisions contained in 40 CFR, Subchapter N, Section 401 et seq., this chapter, the user’s wastewater discharge permit, or an order issued thereunder, the city may issue a formal declaration to cease and desist all such violations and direct those persons in noncompliance to:

a. Comply forthwith;

b. Take such appropriate remedial or preventive action as may be needed to address properly a continuing or threatened violation, including halting operations and terminating the discharge.

4. Compliance Orders. When a user has violated or is violating provisions contained in 40 CFR, Subchapter N, Section 401 et seq., this chapter, the user’s wastewater discharge permit, or an order issued thereunder, the city may issue an order to the user responsible for the discharge directing that, following a specified time period, sanitary sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed or are properly operated. Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including installing pretreatment equipment, conducting additional self-monitoring, and implementing best management practices.

5. Consent Orders. When a user has violated or is violating provisions contained in 40 CFR, Subchapter N, Section 401 et seq., this chapter, the user’s wastewater discharge permit or an order issued thereunder, the city is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user to correct the noncompliance within a time period also specified by the order.

6. Emergency Suspensions.

a. The city may suspend a wastewater discharge permit when such suspension is necessary to prevent discharges that may present an imminent or substantial threat to human health, the environment, the city’s wastewater collection system, or which may result in upset, pass-through, or interference at the POTW, or which may cause the POTW to violate any condition of its NPDES permit. In such a situation, the city will not be required to conduct a show-cause hearing.

b. Any discharger notified of a suspension of his/her industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the city’s wastewater collection system. In the event of a failure of the discharger to comply voluntarily with the suspension, the city shall take such steps as deemed necessary, including immediate severance of the sanitary sewer connection, to prevent or minimize damage to the city’s POTW or endangerment to any individuals.

c. The city may reinstate the permit for industrial wastewater discharge upon proof of the elimination of the noncomplying discharge and verification that the user has taken adequate steps to prevent future incidents.

7. Revocation of Wastewater Discharge Permit. Any user who violates this chapter, applicable state and federal regulations, the user’s wastewater discharge permit or an order issued thereunder is subject to having his/her permit revoked. The city may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

a. Falsifying self-monitoring reports, or any reports to the POTW;

b. Failure to report changes in operations or any changes in wastewater constituents and characteristics prior to discharging the wastewater;

c. Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, sampling, reviewing and copying records, or other activities which may be necessary to ensure compliance with provisions contained in this chapter, state and federal regulations, or the user’s wastewater discharge permit;

d. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter;

e. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit;

f. Tampering with monitoring equipment;

g. Failure to meet effluent limitations;

h. Failure to pay fines;

i. Failure to pay sanitary sewer service and use charges or pretreatment surcharges;

j. Failure to meet compliance schedules;

k. Failure to complete a wastewater survey or the wastewater discharge permit application;

l. Failure to provide advance notice of the transfer of business ownership of a permitted facility.

Any discharger notified that their wastewater discharge permit has been revoked shall immediately cease and desist the discharge of all industrial wastewater to the city’s wastewater collection system. In the event of a failure of the discharger to comply voluntarily, the city shall take such steps as deemed necessary, including immediate severance of the sanitary sewer connection, to prevent discharge to the city’s wastewater collection system.

8. Termination of Discharge by Disconnection.

a. In the event that a user violates any provisions of this chapter, any applicable state or federal regulations, the user’s wastewater discharge permit or an order issued thereunder, the city may order the disconnection of the user from the city’s wastewater collection system through a permanent disconnection from the city’s water system. Upon disconnection, the city shall order the appropriate city personnel to estimate the cost of disconnection and reconnection to the system. The user shall deposit the cost of disconnection and reconnection, as estimated, before the user is reconnected to the system. The city shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection. Prior to disconnection, the city shall conduct a show-cause hearing as set forth in subsection (A)(10) of this section.

b. During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance for which the city may take any action set forth in Chapter 6.25 MMC. In such event, and as a condition of reconnection, there is to be paid to the city all reasonable attorney’s fees and costs of suit arising in the action.

9. Administrative Fines. When the superintendent finds that a user has violated, or continues to violate, any provision of this chapter, the user’s wastewater discharge permit or an order issued thereunder, or any other applicable state or federal regulations or pretreatment standard or requirement, the superintendent may fine such user, as set out in the California Government Code, 54740.5d 1-4, in an amount not to exceed five thousand dollars per violation, per day. In addition to the foregoing, (a) failure or refusal to submit technical or monitoring reports may result in fines up to two thousand dollars per day; (b) failure or refusal to comply with any compliance schedule may result in fines up to three thousand dollars per day; (c) violation of any waste discharge limitation, permit condition or requirement issued, reissued or adopted by the city may result in fines of five thousand dollars per violation, per day; and (d) discharges in violation of suspension, cease and desist orders or other orders or prohibition issued, reissued or adopted may result in fines up to ten dollars per gallon discharged.

10. Show-Cause Hearing. The city may order a user which has violated, or continues to violate, any provision of this chapter, the user’s wastewater discharge permit or an order issued thereunder, or any other applicable state or federal regulations or pretreatment standard or requirement, to appear before the director. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. Such notice may be served upon any principal executive, general partner or corporate officer. Whether or not a duly notified person appears as noticed, immediate enforcement action may be pursued. A show-cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

B. Legal Action. If any user discharges sewage, industrial wastewater, or other wastewater into the city’s wastewater collection system contrary to the provisions of this chapter, any permit or order issued hereunder, or any applicable state or federal regulations or pretreatment standard or requirement, the superintendent, through the city attorney, may commence an action for appropriate legal and/or equitable relief in the Superior Court for San Mateo County, which could seek the civil or criminal penalties described in this subsection.

1. Injunctive Relief. Whenever the superintendent finds that a user has violated, or continues to violate, any provision of this chapter, the user’s wastewater discharge permit or an order issued thereunder, or any other applicable state or federal regulations or pretreatment standard or requirement, the superintendent may petition the Superior Court for San Mateo County through the city attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by applicable law on activities of the user. The superintendent may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or be a prerequisite for, taking any other action against a user.

2. Civil Penalties. As set out in the California Government Code, Section 54740.5d 1-4, 40 CFR 403.8(f)(1) i-vii and the Clean Water Act, 33 USC Section 1251 et seq., civil penalties including the following may be imposed:

a. Any user who has violated, or continues to violate, any provision of this chapter, the user’s wastewater discharge permit or an order issued thereunder, or any other applicable state or federal regulations or pretreatment standard or requirement shall be liable to the city for a civil penalty of not more than twenty-five thousand dollars per violation per day but at least one thousand dollars per violation per day for each violation for as long as the violation(s) continues.

b. The city may recover reasonable attorney’s fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

c. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

d. Filing a suit for civil penalties shall not be a bar against, or be a prerequisite for, taking any other action against a user.

3. Criminal Prosecution.

a. Any user who willfully and knowingly violates any provisions of the city sanitary sewer ordinance, any orders or permits issued hereunder, or any applicable state or federal regulations or pretreatment standard or requirement, or knowingly makes any false statements, representations or certifications in any application, report, record, plan, or other document filed or required to be maintained by the Millbrae sanitary sewer ordinance or wastewater discharge permit; or falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under the Millbrae sanitary sewer ordinance or wastewater discharge permit, is guilty of a misdemeanor for each separate offense and for each day the violation occurs.

b. Any violations which are characterized as knowing violations under the Clean Water Act, 33 USC Section 1251 et seq., are punishable by fines of not more than fifty thousand dollars nor less than five thousand dollars per day of violation, or imprisonment for up to three years, or both.

c. Any violations which are characterized as knowing endangerment under the Clean Water Act, 33 USC Section 1251 et seq., are considered felonies which are punishable by fines up to one million dollars in the case of corporations, or imprisonment of up to fifteen years, or both.

d. Fines and prison sentences for violations listed in this section are doubled for second offenses. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.603).

8.20.770 Correction of violations and collection of costs.

To enforce the provisions of this chapter, the city may correct any violation under this chapter. The cost of such correction may be added to any sanitary sewer service charge payable by the user or discharger violating this chapter, or the owner or tenant of the property upon which the violation occurred. The city may collect such costs in the same manner as the collection of sanitary sewer service charges as set forth in Article VII of this chapter (commencing with MMC 8.20.790). (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.604).

8.20.780 Public notification of violators.

At least annually, the names of all SIUs which were in significant noncompliance during a previous twelve-month period shall be published in the largest newspaper of local distribution pursuant to 40 CFR Section 403.8. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.605).

Article VII. Fees and Charges

8.20.790 Charges and fees – Purpose.

It is the purpose of this article to levy charges and fees to provide for the recovery of costs from users of the city’s wastewater collection system, including the POTW, for the implementation of the programs established in this chapter and operation and maintenance of the city’s POTW and collection system. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.701).

8.20.800 Charges and fees – What may be included.

The city may adopt charges and fees which include but are not limited to:

A. Fees for all costs associated with providing collection, treatment and disposal, including construction;

B. Fees for capital equipment replacement and facilities purchased and for collection, treatment and disposal;

C. Fees for sanitary sewer connections;

D. Fees for reimbursement of costs to set up and operate the city’s pretreatment program;

E. Fees for monitoring, inspections and surveillance procedures;

F. Fees for permit applications and permit reactivation fees;

G. Fees for filing appeals;

H. Fees for the city’s consistent removal (as defined in 40 CFR Section 403.7(b)) of pollutants otherwise subject to federal pretreatment standards;

I. Other fees as the city may deem necessary to carry out the requirements contained in this chapter; these fees relate solely to the matters covered by this chapter and shall be separate from all other fees chargeable by the city. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.702).

8.20.810 Sanitary sewer inspection fees.

A. Inspection fees for the construction of sanitary sewer mains, sanitary sewer laterals and appurtenances within the public right-of-way and/or areas to be dedicated to the city and inspection fees on sanitary sewers within private property shall be established by the director.

B. For sewage pumping plants, industrial waste treatments or disposal facilities, the applicant shall deposit an amount with the city to cover the estimated costs for plan review and inspections required by the city. The minimum deposit shall be ten percent of the total valuation of the project as determined by the director of public works. The city’s plan checking and inspection budget shall be reviewed during the life of the project to verify that the remaining deposit will cover the city’s cost for plan checking and inspection services. As a result, the city may require the applicant to increase his/her deposit.

C. For sanitary sewer main extension projects, the applicant shall deposit an amount with the city to cover the estimated inspection and testing costs for the construction life of the applicant’s project. Unless otherwise stated in the sanitary sewer main extension agreement, the minimum deposit shall be ten percent of the total valuation of the project. The city’s inspection and testing budget shall be reviewed during the life of the project to verify that the remaining deposit shall cover the city’s cost for inspection and testing services. As a result the city may require the applicant to increase his/her deposit. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.703).

8.20.820 Sanitary sewer capital facilities charges.

A. Before any premises are connected to the city’s wastewater collection system, the owner or applicant shall pay the sum of the following capital facilities unit charges to the city:

Unit Charges	Effective January 25, 2003	Effective July 1, 2003
Flow, $/gpd	$9.77	$10.15
TSS, $/lbs per day	$1,902.00	$1,973.00
BOD, $/lbs per day	$2,112.00	$2,190.00

B. Definitions.

“Biochemical oxygen demand (BOD)” means a measure using an EPA-approved method determining the concentration of organic matter reduced by biochemical oxidation expressed in pounds in a wastewater sample.

“Total suspended solids (TSS)” means all matter remaining as solid residue expressed in pounds upon evaporation using an EPA-approved method.

“Wastewater flow” or “flow” means the total volume of wastewater expressed in gallons per day (gpd) discharged through a sewer connection during the peak month of wastewater discharge in a twelve-month period.

C. Calculation of Capital Facilities Charge. The capital facilities charge is the sum of the products of each unit charge multiplied by the number of units for any billing code.

Flow, gallons per day times unit cost of flow in dollars per gallon per day
TSS, pounds times unit cost of TSS in dollars per pound
BOD, pounds times unit cost of BOD in dollars per pound
Total Capital Facilities Charge

D. The applicant or his/her engineer using a generally accepted estimating method approved by the city shall present a report with the application estimating the wastewater flow in gallons per day (gpd) for any premises, except a single-family residence or multiple-family dwelling, connecting to the city’s wastewater collection system. Upon city approval, the wastewater flow value estimated in the report shall become the number of flow units multiplied by the unit charge for wastewater flow to determine the flow component of the capital facilities charge. The TSS and BOD components of the capital facilities charge shall be calculated by the city based on the estimated wastewater flow and the average pollutant strength of the project billing code.

Wastewater flow used to calculate the capital facility charge for a single-family residence shall be two hundred gpd and for a multiple-family dwelling shall be one hundred forty gpd per living unit.

E. The sanitary sewer capital facilities charge shall be paid at the time of or before making application for a plumbing permit in the case of new construction, or before requesting or making the connection in cases where construction has been commenced or is in existence. (Ord. 637, § 2, Amended by Ord. 684, § 1; Ord. 720, § 1; 1976 Code § 8-4.704).

8.20.830 Sanitary sewer and use charges.

A. Each person whose premises in the city is served by the publicly owned treatment works (POTW), or which may otherwise be discharging sewage which is conveyed in the sanitary sewer collection system and/or ultimately passes through the POTW, shall pay for the use, services and facilities of the sanitary sewer collection system and POTW by means of an annual sanitary sewer service and use charge. The table in subsection D of this section describes the customer classes for the annual sanitary sewer service and use charge. The charges for each customer class set forth in the current rate schedule for adopted by the city council and any updated charges will be reflected in the separate citywide fee schedule.

B. The charges for each person shall be determined using the following definitions:

Lifeline Customers. To qualify as a lifeline customer, a residential customer must provide satisfactory evidence to the director of public works or his/her designee that such customer has qualified for and is currently being provided telephone service under the universal lifeline telephone service rate or gas or electric service under the California alternate rate for energy, in which event such customer shall pay a basic sanitary sewer service and use charge per the table below so long as such customer is provided telephone, gas or electric services under these rates.

Variable User Fee. In addition to the basic sewer service and use charge, every customer shall pay the appropriate variable user fee, which shall be based on each unit (one hundred cubic feet) of water consumed, except that the variable user fee shall be based on consumption. For nonresidential customers, the variable user fee shall be calculated based on the consumption of water during the prior calendar year (January to December) and shall be collected for the next fiscal year (July 1st through June 30th). For residential customers, the variable user fee is based on the average water consumption for four months (December through March) winter water usage (the “base consumption”). Each June the base consumption amount by residential customers will be multiplied by three to determine the estimated consumption for the entire fiscal year, to which the variable user fee will be applied. Residential customers include, but, subject to the determination of the director of public works, are not limited to, single-family dwellings and multiple-family units such as duplexes, triplexes, multiplexes and condominiums. In the case of multiple-family units and condominiums, each separate dwelling unit within the complex is billed as if it was a single-family dwelling relative to the fixed amount of the sanitary sewer service and use charge. The variable user fee is based on the total water used unless each separate unit is metered separately, in which case the fixed amount and variable amount of each unit are combined.

C. For a residential customer who has less than the four months or no recorded winter consumption because of the period of their service, the average for billing purposes shall be determined as follows:

Less than four months (one hundred twenty days) but more than thirty days: the average shall be the average of the actual service period calculated on the basis of actual full (thirty-day/twenty-eight or twenty-nine for February) months only. (Example: seventy-five day period would be considered two months.)

Less than one month (thirty days) except for February twenty-eight/twenty-nine days or no use history: the average shall be calculated on an occupancy per capita basis of fifty gallons per day for each occupant six years old or older on the day water service begins.

D. The sanitary sewer and use charges shall be charged for each of the following classes of customer/user:

Service Charge ($ per acct/mo)

Basic

Universal Life Service

Variable User Fee (charged for the following customer classes) ($ per 100 cubic feet)

Residential

Restaurants, Cocktail Lounges, Caterers

Hotels, Motels, Convalescent Homes w/Eating or Laundry Facilities

Food Processors – Misc.

Supermarkets, Delicatessens

Auto – Service Stations, Car Washes, Auto Repair Facilities

Schools w/ Food Service

Schools w/ No Food Service

Commercial (Business Establishments, Banks, Office Bldgs., Retail Stores, Hotels and Motels Without Eating or Laundry Facilities)

Groundwater

Pretreatment I

Pretreatment II

(Ord. 637, § 2 and Ord. 639, § 1, Amended by Ord. 663, §1; Ord. 681, § 1; Ord. 701, § 1; Ord. 720, § 1; Ord. 724, § 1; Ord. 751, § 1; Ord. 802, § 2; 1976 Code § 8-4.705).

8.20.840 Other miscellaneous fees and charges.

The city establishes the following fees applicable to wastewater discharge and recycled water:

Septic waste discharge	$0.062/gallon
Pool discharge fee	$50.00
Grease trap waste discharge	Note 1
Recycled water purchased at plant	$1.00/748 gallons
Recycled water use permit	$15.00/year

Note 1. The director of public works is authorized to set the grease trap waste discharge per gallon fee based upon current market conditions.

(Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.706).

8.20.850 Industrial monitoring surcharge fees.

The industrial and commercial pretreatment monitoring surcharge fees to be paid by the classes of wastewater dischargers described under this section are as follows:

A. Each Class I wastewater discharger shall pay an amount equal to one dollar and eight cents effective July 1, 1998, and one dollar and sixteen cents effective July 1, 1999, and thereafter for each one hundred cubic feet of water consumed as a surcharge fee for pretreatment program operating costs. A “Class I wastewater discharger” means a user who discharges or may potentially discharge Grade 2 or Grade 3 discharges, or users who have been classified as SIUs.

B. Each Class II wastewater discharger shall pay an amount equal to eighty-one cents effective July l, 1998, and eighty-seven cents effective July 1, 1999, and thereafter for each one hundred cubic feet of water consumed for pretreatment program operating costs. A “Class II wastewater discharger” means a user who discharges or may potentially discharge only Grade 1 discharges and has not been classified as an SIU. (Ord. 637, § 2 and Ord. 639, § 1, Amended by Ord. 720, § 1; 1976 Code § 8-4.707).

8.20.860 Initial wastewater discharge permit application fees.

All of the following dischargers shall pay an initial discharge permit application fee as follows:

Septic dischargers	$100.00
Groundwater dischargers:
Less than 1,000 gallons/year	$125.00
Greater than 1,000 gallons/year	$250.00
SIUs (noncategoricals)	$100.00
SIUs, categoricals:
Electroplaters/metal finishers	$250.00 + $25.00/employee
All others	$500.00 + $50.00/employee
All other dischargers	$35.00

(Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.708).

8.20.870 Wastewater discharge permit renewal fees.

All of the following dischargers shall pay a discharge permit renewal fee as part of the permit renewal process. The fee shall be received by the city no later than the expiration date of the user’s discharge permit. The fees are as follows:

Septic dischargers	$100.00
Groundwater dischargers:
Less than 1,000 gallons/year	$125.00
Greater than 1,000 gallons/year	$250.00
SIUs (noncategoricals)	$100.00
Categoricals:
Electroplaters/metal finishers	$25.00/employee
All others	$50.00/employee
All other dischargers	$35.00

(Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.709).

8.20.880 Unscheduled response surcharges.

A. All dischargers shall be responsible for the following surcharges when the city must respond to emergencies such as spills, illegal discharges, permit or Millbrae sanitary sewer ordinance violations, or other events which requires an unscheduled response by the city:

Inspections/supervision/surveillance	$45.00/hour
Sampling (grab)	$50.00/sample
Sampling (composite)	$150.00/sample
Analyses:
BOD	$75.00/test
Suspended solids	$50.00/test
Oil and grease	$200.00/test
Other tests performed by city	$20.00/hour/test
Analyses performed by an outside laboratory	Cost of analysis + 5%

B. Such dischargers shall be responsible for payment of such other charges and fees as may be separately established by city council by resolution. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.710).

8.20.890 Collection of sewer and use charges on the tax roll.

A. Authorization. Pursuant to California Health and Safety Code Section 5473, sewer service charges for services rendered by the city shall be collected on the property tax roll of the county of San Mateo, state of California, in the same general manner, by the same persons and at the same time as the collection of general property taxes, in the manner provided pursuant to California Health and Safety Code Section 5470 et seq.

B. Preparation of Report, Hearing, and Transmission to Tax Collector. A written report shall be prepared once a year which shall contain a description of each parcel of real property receiving sewer service and the amount of the charge for each parcel for such year computed in conformity with the city’s rate schedule and this chapter. The report shall be approved by the city council after a noticed public hearing and filed with the city clerk.

C. Authorization. The San Mateo County tax collector is hereby authorized and directed to include the amount of sewer charges on bills for taxes levied against the respective lots and parcels of land in the city. (Ord. 637, § 2, Amended by Ord. 720, § 1; Ord. 802, § 3; 1976 Code § 8-4.711).

8.20.900 Deliquency.

Pursuant to California Health and Safety Code Section 5473.10, if the sewer service charges are unpaid and become delinquent, the following delinquency penalties shall attach to them:

A. A basic delinquency of ten percent; and

B. An additional delinquency penalty of one and one-half percent per month.

All such delinquency penalties shall be collected in the same general manner, by the same persons and at the same time as are delinquency penalties on general taxes for the county of San Mateo. (Ord. 637, § 2, Amended by Ord. 720, § 1; Ord. 802, § 4; 1976 Code § 8-4.712).

8.20.910 Discontinuance of water service upon delinquency.

Upon delinquency, and following due process set forth in MMC 6.20.080, the water service may be discontinued until all charges, penalties thereon and charges for recontinuance of service have been paid in full. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.713).

8.20.920 Collection by property tax lien.

A property tax lien may be imposed against the owner of a property that is delinquent in payment of the sanitary sewer service and use charges, fees or surcharges due and owing to the city for services to that property, as set forth in MMC 6.20.100. As soon as payment is received in full the associated lien will be removed. (Ord. 637, § 2, Amended by Ord. 720, § 1; 1976 Code § 8-4.714).