Chapter 13.56 SEWER CONSTRUCTION AND USE – INDUSTRIAL WASTEWATER DISCHARGES

The purpose of this chapter is to provide for the maximum possible beneficial public use of the City’s facilities through adequate regulation of sewer construction, sewer use, and industrial wastewater discharges; to provide for equitable distribution of the City’s costs; and to provide procedures for complying with requirements placed upon the City by other regulatory agencies. (Ord. CCO-99-05, 1999; Ord. 331 § 101, 1975)

13.56.020 Scope.

(A) This chapter shall be interpreted in accordance with the definitions set forth in Part V hereto.

(B) The provisions of this chapter shall apply to the direct or indirect discharge of all liquid carried wastes to facilities of the City. This chapter among other things provides for the regulation of sewer construction in areas within the City, the quantity and quality of discharged wastes, the degree of waste pretreatment required, the setting of waste discharge fees to provide for equitable distribution of costs, the approval of plans for sewer construction, the issuance of permits for industrial wastewater discharge and of other miscellaneous permits and the establishment of penalties for violation of this chapter. (Ord. CCO-99-05, 1999; Ord. 331 § 102, 1975)

13.56.030 Liquid waste disposal policy.

(A) The City operates the Mt. Shasta Water Pollution Control Facility serving homes, industries and commercial establishments within the City limits and within the area immediately adjacent to the City of Mt. Shasta.

(B) The following basic City policies apply to regulate waste discharges within the area served and will also apply to other discharges that are tributary to the City’s facilities.

(C) Generally, liquid wastes originating within the area served will be removed by the City’s sewerage system; provided, that the wastes will not (1) damage structures, (2) create nuisances such as odors, (3) menace public health, (4) impose unreasonable collection, treatment or disposal costs on the City, (5) interfere with wastewater treatment processes, (6) exceed quality requirements set by regulatory government agencies, or (7) detrimentally affect the local environment.

(D) The highest and best use of the City’s sewerage system is the conveyance, treatment and disposal of domestic wastewater.

(E) To comply with stated policies of the Federal government and to permit the City to meet increasingly higher standards of treatment plant effluent quality, provisions are made in this chapter for the regulation of industrial wastewater discharges. This chapter establishes quantity and quality limitations on industrial wastewater discharges which may adversely affect the City’s sewerage system or effluent quality. Methods of cost recovery from industrial wastewater dischargers are also established where the discharges impose inequitable collection, treatment or disposal costs on the City.

(F) Recovery and reuse procedures established by industrial wastewater dischargers to meet the limitations set on their discharges will be preferred by the City over those procedures designed solely to meet wastewater discharge limitations. Methods providing for beneficial reuse of otherwise wasted resources shall be the approved method of industrial wastewater treatment wherever feasible.

(G) Optimum use of the facilities of the City may necessitate that the Director of Public Works require that certain industrial wastewaters be discharged during periods of low flow in the sewerage system of the City. (Ord. CCO-99-05, 1999; Ord. 331 § 103, 1975)

13.56.035 Prohibited waste discharges.

(A) No person shall discharge or cause to be discharged any rainwater, stormwater, groundwater, street drainage, subsurface drainage, or yard drainage, including evaporative type air cooler discharge water, to any public or private sewer which directly or indirectly connects to the wastewater treatment facilities of the City.

(B) No person shall discharge or cause to be discharged to any public or private sewer which directly or indirectly connects to the City’s wastewater treatment facility any toxic or other waste, if in the opinion of the Director of Public Works such wastes may have an adverse or harmful effect on sewers, maintenance personnel, wastewater treatment plant personnel or equipment, treatment plant effluent quality, public or private property, or may otherwise endanger the public or the local environment or create a public nuisance. The Director of Public Works, in determining the acceptability of specific wastes, shall consider the nature of the waste and the adequacy and nature of the collection, treatment, and disposal system available to accept the waste.

(C) No person, firm or corporation shall injure, break or remove any portion of any manhole, rodhole, flush tank, catch basin or any part of the sewer system or throw or deposit or cause to be thrown or deposited in any sewer opening or receptacle connecting with the sewer system any garbage, offal, dead animals, vegetables, parings, ashes, cinders, rags or other matter or thing whatsoever except feces, urine, the necessary water closets, paper, liquid, house or mill slops. (Ord. CCO-99-05, 1999; Ord. 22, 1912)

13.56.040 Superseding previous ordinances.

This chapter regulating sewer construction, sewer use and industrial wastewater discharges shall supersede all previous ordinances and policies of the City governing items covered in this chapter. (Ord. CCO-99-05, 1999; Ord. 331 § 104, 1975)

Part II. General Provisions

13.56.050 Administration.

Except as otherwise provided herein, the Director of Public Works shall administer, implement and enforce the provisions of this chapter. (Ord. CCO-99-05, 1999; Ord. 331 § 201, 1975)

13.56.060 Penalty for violation and civil liability.

(A) Violation of this chapter shall constitute an infraction, and shall follow code enforcement procedures and penalties set forth in Chapter 1.03 MSMC.

(B) Nothing herein shall prevent a person who violates this title from, in the alternative, being charged with and convicted of a misdemeanor or felony under any other applicable provision of the California Penal Code or any other local, County, State, or Federal law or regulation.

(D) Any person who intentionally or negligently violates any provision of this chapter pertaining to the subject matter of either subsection (D)(1) or (2) of this section or any condition or limitation of a permit or plan approval related thereto shall be civilly liable to the City in a sum of not to exceed $6,000 for each day in which such violation occurs:

(1) The pretreatment of any industrial wastewater which would otherwise be detrimental to the treatment works or its proper and efficient operation and maintenance;

(2) The prevention of the entry of such wastewater into the collecting system and treatment works.

(3) In the event of such violation the City shall, upon authorization of its Council, petition the Superior Court to impose, assess and recover such sums. (Ord. CCO-20-04 § 3, 2020; Ord. CCO-99-05, 1999; Ord. CCO-95-04, 1995; Ord. 331 § 202, 1975)

13.56.070 Validity.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter and the application of such provisions to other persons or circumstances shall not be affected thereby. (Ord. CCO-99-05, 1999; Ord. 331 § 203, 1975)

13.56.080 Notice.

(A) The Director of Public Works shall notify any person found in violation of this chapter or of any limitation or requirement of a permit issued hereunder before the Director of Public Works takes any action to implement MSMC 13.56.060 and 13.56.310, and the Director of Public Works shall take no such action until the elapse of 10 days from the date notice is given.

(B) Unless otherwise provided herein, any notice required to be given by the Director of Public Works under this chapter shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last known address known to the Director of Public Works. Where the address is unknown, service may be made upon the owner of record of the property involved. (Ord. CCO-99-05, 1999; Ord. 331 § 204, 1975)

13.56.090 Time limits.

Any time limit provided in any written notice or in any provision of this chapter may be extended only by a written directive of the Director of Public Works or City Manager. (Ord. CCO-99-05, 1999; Ord. 331 § 205, 1975)

13.56.100 Inspectors.

(A) Adequate identification shall be provided by the Director of Public Works for all inspectors and other authorized personnel and these persons shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor.

(B) Inspection of every facility that is involved directly or indirectly with the discharge of wastewater to the City’s sewerage system may be made by the Director of Public Works as he deems necessary. These facilities shall include but not be limited to sewers, sewage pumping plants, pollution control plants, all industrial processes, industrial wastewater generation, conveyance and pretreatment facilities, devices and connection sewers, and all similar sewerage facilities. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the provisions of this chapter.

(C) Access to all of the above facilities or to other facilities directly or indirectly connected to the City’s sewerage system shall be given to authorized personnel of the City at all reasonable times including those occasioned by emergency conditions. Any permanent or temporary obstruction to easy access to the sewerage facility to be inspected shall promptly be removed by the facility user or owner at the written or verbal request of the Director of Public Works, and shall not be replaced.

(D) No person shall interfere with, delay, resist or refuse entrance to an authorized City inspector attempting to inspect any wastewater generation, conveyance or treatment facility connected directly or indirectly to the City’s sewerage system. (Ord. CCO-99-05, 1999; Ord. 331 § 206, 1975)

13.56.110 Amendment of ordinance.

At least 30 days before any formal consideration of an amendment to the ordinance codified in this chapter, the Director of Public Works shall notify, in writing, each public corporation performing as a local sewering agency. Such notice shall also be mailed to any person who has filed a request for notification. The notice shall contain a brief description of the nature of the amendment to be considered and the time and place when formal action will be taken. (Ord. CCO-99-05, 1999; Ord. 331 § 207, 1975)

13.56.130 Estimated quantities and values.

Unless otherwise provided herein, whenever the fees and charges required by this chapter are based on estimated values or estimated quantities, the Director of Public Works shall make such determination in accordance with established estimating practices. (Ord. CCO-99-05, 1999; Ord. 331 § 209, 1975)

13.56.140 Educational work.

The Director of Public Works may perform work of an educational nature and may, for this purpose, cooperate with civic organizations, industries, water companies, sewerage agencies and other public corporations. (Ord. CCO-99-05, 1999; Ord. 331 § 210, 1975)

13.56.150 Approval of plans – Issuance of permits and certification of final inspection.

(A) The Director of Public Works will approve plans for sewerage construction, or issue a permit for industrial wastewater discharge or any other permit under this chapter, only if it appears to the Director of Public Works that the sewerage construction, sewer connection, industrial wastewater discharge, or other procedure conforms to the requirements of this chapter.

(B) Plans for sewer construction shall meet all design requirements of the public corporation having jurisdiction in the area of construction, and shall also meet the design requirements as established from time to time by the City Engineer of the City.

(C) If requested to do so, the Director of Public Works will issue an inspection certificate indicating satisfactory completion of required work, when all work required by the approved plans or permit has been completed and approved by City inspectors.

(D) All required fees and charges shall be paid before approval of plans or issuance of a permit or an inspection certificate.

(E) The approval of plans or the issuance of a permit shall not relieve the discharger of any duty imposed upon him pursuant to this chapter. (Ord. CCO-99-05, 1999; Ord. 331 § 211, 1975)

13.56.170 Existing industrial wastewater dischargers.

All persons discharging industrial wastewater directly or indirectly to the City’s sewerage system prior to the effective date of this chapter are granted a temporary permit to discharge industrial wastewaters. This temporary permit shall expire six months after notification by the Director of Public Works that a new permit is to be obtained, or after two years from the effective date of this chapter, whichever should first occur. Prior to the expiration of the temporary permit, the industrial wastewater discharger shall apply for and obtain a permit for industrial wastewater discharge. (Ord. CCO-99-05, 1999; Ord. 331 § 213, 1975)

13.56.180 Malicious damage to City’s facilities.

Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing or tampering with any structure, equipment or appurtenance which is a part of the City’s sewerage system shall be a violation of this chapter. (Ord. CCO-99-05, 1999; Ord. 331 § 214, 1975)

Part III. Sewerage Construction and Sewer Use

13.56.200 Approval of plans for sewerage construction.

(A) No person, other than employees of the City, or persons contracting to do work for the City, shall construct or cause to be constructed, or alter or cause to be altered, any public sewer, lateral sewer, house connection or industrial connection sewer over four inches in diameter without first obtaining approval of sewerage construction plans and issuance of a valid encroachment permit from the Director of Public Works.

(B) The applicant shall submit to the Director of Public Works for approval construction plans and such specifications and other details as required to describe fully the proposed sewerage facility. The plans shall have been prepared under the supervision of and shall be signed by an engineer of suitable training registered in the State of California.

(C) Plans for sewerage construction shall not be approved by the Director of Public Works for any facility which will convey industrial wastewater unless the discharger has first obtained a City permit for industrial wastewater discharge. Plans for sewerage construction shall meet all design requirements of the City.

(D) Inspection of all sewerage construction under this section shall be made by personnel of the City in the manner described in MSMC 13.56.220.

(E) An approval of plans for sewerage construction shall expire one year after date of approval unless construction has been initiated. (Ord. CCO-99-05, 1999; Ord. 331 § 301, 1975)

13.56.210 Permit for sewer four inches or smaller in diameter connecting directly to trunk sewer of the City.

(A) Any person desiring to connect a sewer four inches or smaller in diameter directly to a trunk sewer of the City shall make written application to the Director of Public Works on a City trunk sewer connection permit application form. The applicant shall complete the form and furnish such additional information as required by the Director of Public Works to substantiate that the proposed work or use will comply with the provisions of this chapter.

(B) A trunk sewer connection permit will not be issued unless the applicant has first obtained approval from the Director of Public Works. A trunk sewer connection permit will not be issued for any sewer which will convey industrial wastewaters unless the discharger has first obtained a City permit for industrial wastewater discharge.

(C) Direct attachment of a sewer four inches or smaller in diameter to a trunk sewer will be permitted only if the Director of Public Works determines that a suitable local sewer is not available, that adequate trunk sewer capacity exists, that the connection will function properly and that the connection will not adversely affect existing or anticipated facilities or operations of the City.

(D) No sewer exceeding four inches in diameter shall be connected directly to a trunk sewer without the prior approval of plans for sewerage construction, in accordance with MSMC 13.56.200. (Ord. CCO-99-05, 1999; Ord. 331 § 302, 1975)

13.56.220 Inspection of construction.

(A) All sewers to be attached directly to a trunk sewer shall be inspected by personnel of the City during construction. At least 48 hours prior to cutting into a City sewer, the City shall be notified. In making a connection to a trunk sewer, no physical alteration of the City’s facilities shall commence until an inspector is present.

(B) Upon completion of construction and prior to removal of the downstream bulkhead and upon receiving 48 hours’ notice, the City will inspect the work to determine if it has been constructed in a satisfactory manner and to determine if all facilities are cleaned of construction debris that could be flushed into the City’s sewer.

(C) No wastewater shall be discharged into any sewerage facility tributary to a City facility prior to obtaining inspection and approval of sewerage construction by the City.

(D) Following satisfactory completion of construction, the City will issue a construction inspection certificate upon request. (Ord. CCO-99-05, 1999; Ord. 331 § 303, 1975)

13.56.230 Plan approvals and permits not transferable.

Approval of plans for sewerage construction and trunk sewer connection permits are not transferable from one person to another person or from one location to another location. (Ord. CCO-99-05, 1999; Ord. 331 § 304, 1975)

13.56.240 Discharge of rainwater or uncontaminated water prohibited.

No person shall discharge or cause to be discharged any rainwater, stormwater, groundwater, street drainage, subsurface drainage, yard drainage, water from yard fountains, ponds or lawn sprays or any other uncontaminated water into any sewerage facility which directly or indirectly discharges to facilities owned by the City. (Ord. CCO-99-05, 1999; Ord. 331 § 305, 1975)

13.56.250 Improper use of connected sewers.

(A) The City reserves the right to inspect any existing lateral or collecting sewers that discharge wastewater directly or indirectly to trunk sewers. If it is found that such lateral or collecting sewers are improperly used or improperly maintained, thereby causing discharge of septic wastewater, excessive groundwater, debris or any other objectionable substance to the City sewer, the Director of Public Works will give notice of the unsatisfactory condition to the offending discharger and shall direct the condition be corrected.

(B) In cases of continued noncompliance with the City’s directive, the City may disconnect the offending sewer from the City’s sewerage system. (Ord. CCO-99-05, 1999; Ord. 331 § 306, 1975)

13.56.260 Excessive sewer maintenance expense.

(A) No person shall discharge or cause to be discharged to a trunk sewer, either directly or indirectly, any waste that creates a stoppage, plugging, breakage, any reduction in sewer capacity or any other damage to sewers or sewerage facilities of the City. Any excessive sewer or sewerage maintenance expenses or any other expenses attributable thereto will be charged to the offending discharger by the City.

(B) Any refusal to pay excess sewer or sewerage maintenance expenses duly authorized by the Director of Public Works shall constitute a violation of this chapter. (Ord. CCO-99-05, 1999; Ord. 331 § 307, 1975)

Part IV. Industrial Wastewaters

13.56.270 Permit for industrial wastewater discharge.

(A) No person shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to sewerage facilities owned by the City without first obtaining a City permit for industrial wastewater discharge.

(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 sewers of the City, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the City created by the wastewater discharge and such other conditions as may be required to effectuate the purpose of this chapter.

(C) No City permit for industrial wastewater discharge is transferable without the prior written consent of the Director of Public Works.

(D) No person shall discharge industrial wastewaters in excess of the quantity or quality limitations set by the permit for industrial wastewater discharge. Any person desiring to discharge wastewaters or use facilities which are not in conformance with the industrial wastewater permit should apply to the City for an amended permit. (Ord. CCO-99-05, 1999; Ord. 331 § 401, 1975)

13.56.280 Procedure for obtaining City permit for industrial wastewater discharge.

(A) Applicants for a permit for industrial wastewater discharge shall complete a City application form. The City may require additional information on the characteristics of the wastewater discharge beyond that required on the application form.

(B) Upon receipt of all required information, the application shall be processed and, upon approval, be signed by a representative of the City and one copy returned to the applicant. When properly signed, the application form shall constitute a valid permit for industrial wastewater discharge.

(C) The application shall be approved if the applicant has complied with all applicable requirements of this chapter and furnished to the City all requested information and if the Director of Public Works determines that there is adequate capacity in the City’s facilities to convey, treat and dispose of the wastewaters. (Ord. CCO-99-05, 1999; Ord. 331 § 402, 1975)

13.56.290 Change of industrial wastewater permit restrictions.

The City may change the restrictions or conditions of a permit for industrial wastewater discharge from time to time as circumstances may require. The City shall allow an industrial discharger a reasonable period of time to comply with any changes in the industrial wastewater permit required by the City. (Ord. CCO-99-05, 1999; Ord. 331 § 403, 1975)

13.56.300 Suspension of permit for industrial wastewater discharge.

(A) The Director of Public Works may suspend a permit for industrial wastewater discharge for a period of not to exceed 45 days when such suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment or to the City’s sewerage system.

(B) Any discharger notified of a suspension of his industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the sewerage system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the Director of Public Works shall take such steps as are reasonably necessary to ensure compliance.

(C) Any suspended discharger may file with the Director of Public Works a request for hearing in which event the City Council shall meet within 14 days of the receipt by the Director of Public Works of such request. The Council shall hold a hearing on the suspension and shall either confirm or revoke the action of the Director of Public Works. Reasonable notice of the hearing shall be given to the suspended discharger in the manner provided for in MSMC 13.56.080. At this hearing the suspended discharger may appear personally or through counsel, cross-examine witnesses, and present evidence in his/her own behalf.

(D) In the event that the Council fails to meet within the time set forth in subsection (C) of this section or fails to make a determination within a reasonable time after the close of the hearing, the order of suspension shall be stayed until a determination is made either confirming or revoking the action of the Director of Public Works.

(E) The Director of Public Works shall reinstate the industrial wastewater permit upon proof of satisfactory compliance with all discharge requirements of the City. (Ord. CCO-99-05, 1999; Ord. 331 § 404, 1975)

13.56.310 Revocation of permit for industrial wastewater discharge.

(A) The City Council may revoke a permit for industrial wastewater discharge upon a finding that the discharger has violated any provision of this chapter. No revocation shall be ordered until a hearing on the question has been held by the City Council. At this hearing, the discharger may appear personally or through counsel, cross-examine witnesses and present evidence in his own behalf. Notice of the hearing shall be given to the discharger in accordance with MSMC 13.56.080 at least 15 days prior to the date of hearing.

(B) Any discharger whose industrial wastewater permit has been revoked shall immediately stop all discharge of any liquid carried wastes covered by the permit to any public sewer that is tributary to a sewer or sewerage system of the City. The Director of Public Works may disconnect or permanently block from such public sewer the industrial connection sewer of any discharger whose permit has been revoked if such action is necessary to ensure compliance with the order of revocation.

(C) Before any further discharge of industrial wastewater may be made by the discharger, he must apply for a new City permit for industrial wastewater discharge and pay all charges that would be required upon initial application together with all delinquent fees, charges and penalties and such other sums as the discharger may owe to the City. Costs incurred by the City in revoking the permit and disconnecting the industrial connection sewer shall be paid for by the discharger before issuance of a new permit for industrial wastewater discharge. (Ord. CCO-99-05, 1999; Ord. 331 § 405, 1975)

13.56.320 Prohibited waste discharges.

(A) In most cases, the concentration or amount of any particular constituent which will be judged to be excessive or unreasonable cannot be foreseen but will depend on the results of technical determinations and the actions of regulatory agencies. The list of constituents which may be regulated provides specific limits only where they are now reasonably well established. The other constituents in the list are presented with the objective of enumerating the types of wastes which will be regulated from time to time.

(B) Except as provided in MSMC 13.56.330, no person shall discharge or cause to be discharged to a public sewer, which directly or indirectly connects to the City’s sewerage system, the following wastes:

(1) Any gasoline, benzene, naphtha, solvent, fuel oil or any liquid, solid or gas that would cause or tend to cause flammable or explosive conditions to result in the sewerage system;

(2) Any waste containing toxic or poisonous solids, liquids or gases in such quantities that, alone or in combination with other waste substances, may create a hazard for humans, animals or the local environment, interfere detrimentally with wastewater treatment processes, cause a public nuisance, or cause any hazardous condition to occur in the sewerage system;

(3) Any waste having a pH lower than 6.0 or having any corrosive or detrimental characteristic that may cause injury to wastewater treatment or maintenance personnel or may cause damage to structures, equipment or other physical facilities of the sewerage system;

(4) Any solids or viscous substances of such size or in such quantity that they may cause obstruction to flow in the sewer or be detrimental to proper wastewater treatment plant operations. 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 fleshings, entrails, paper dishes, paper cups, milk containers, or other similar paper products, either whole or ground;

(5) Any rainwater, stormwater, groundwater, street drainage, subsurface drainage, roof drainage, yard drainage, water from yard fountains, ponds or lawn sprays or any other uncontaminated water;

(6) Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations;

(7) Any nonbiodegradable cutting oils, commonly called soluble oil, which form persistent water emulsions;

(8) Any excessive concentrations of nonbiodegradable oil, petroleum oil or refined petroleum products;

(9) Any dispersed biodegradable oils and fats, such as lard, tallow or vegetable oil, in excessive concentrations that would tend to cause adverse effects on the sewerage system;

(10) Any waste with an excessively high concentration of cyanide;

(11) Any unreasonably large amounts of undissolved or dissolved solids;

(12) Any waste with excessively high BOD, COD or decomposable organic content;

(13) Any strongly odorous waste or waste tending to create odors;

(14) Any wastes containing over 0.1 milligram/liter of dissolved sulfides;

(15) Any wastes with a pH high enough to cause alkaline incrustations on sewer walls;

(16) Any substance promoting or causing the promotion of toxic gases;

(17) Any waste having a temperature of 120 degrees Fahrenheit or higher;

(18) Any wastes requiring an excessive quantity of chlorine or other chemical compound used for disinfection purposes;

(19) Any excessive amounts of chlorinated hydrocarbon or organic phosphorus type compounds;

(20) Any excessive amounts of deionized water, steam condensate or distilled water;

(21) Any waste containing substances that may precipitate, solidify or become viscous at temperatures between 50 degrees Fahrenheit and 100 degrees Fahrenheit;

(22) Any waste producing excessive discoloration of wastewater or treatment plant effluent;

(23) Any garbage or waste that is not ground sufficiently to pass through a three-eighths-inch screen;

(24) Any wastes containing excessive quantities of iron, boron, chromium, phenols, plastic resins, copper, nickel, zinc, lead, mercury, cadmium, selenium, arsenic or any other objectionable materials toxic to humans, animals, the local environment or to biological or other wastewater treatment processes;

(25) Any blow-down or bleed water from cooling towers or other evaporative coolers exceeding one-third of the make-up water;

(26) Any single pass cooling water;

(27) Any quantity of radioactive material waste;

(28) Recognizable portions of the human anatomy.

(C) No person shall discharge or cause to be discharged to any public sewer which directly or indirectly connects to the City’s sewerage system any wastes, if in the opinion of the Director of Public Works such wastes may have an adverse or harmful effect on sewers, maintenance personnel, wastewater treatment plant personnel or equipment, treatment plant effluent quality, public or private property, or may otherwise endanger the public, the local environment or create a public nuisance. The Director of Public Works, in determining the acceptability of specific wastes, shall consider the nature of the waste and the adequacy and nature of the collection, treatment and disposal system available to accept the waste.

(D) The Director of Public Works shall from time to time prepare a list of the maximum permissible quantities or concentrations of certain constituents in industrial wastewater flows and otherwise issue detailed directions for meeting the requirements of this section. (Ord. CCO-99-05, 1999; Ord. CCO-96-07 § 79, 1996; Ord. 331 § 406, 1975)

13.56.330 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-eighths-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) Disposable hypodermic needles, syringes and associated articles following their use;

(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)(c)(i) of this section,

(iii) Equipment, instruments, utensils and other 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 by public health agencies.

(2) Shall not discharge to the sewer by any means:

(a) Solid wastes generated in the rooms of patients who are isolated because of a suspected or diagnosed communicable disease;

(b) Recognizable portions of the human anatomy;

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

(d) All solid wastes not included in subsection (A)(1) of this section.

(B) Nothing in this section shall be construed to limit the authority of the Health Officer of Siskiyou County to define wastes as being infectious and, with the concurrence of the Director of Public Works of the City of Mt. Shasta, to require that they be discharged to the sewer. (Ord. CCO-99-05, 1999; Ord. 331 § 407, 1975)

13.56.340 Availability of City’s facilities.

If sewerage capacity is not available, the City may require the industrial wastewater discharger to restrict his discharge until sufficient capacity can be made available. The City may refuse service to persons locating facilities in areas where their proposed quantity or quality of industrial wastewater is unacceptable in the available treatment facility. (Ord. CCO-99-05, 1999; Ord. 331 § 408, 1975)

13.56.350 Pretreatment of industrial wastewaters.

(A) An industrial wastewater pretreatment system or device may be required by the Director of Public Works to treat industrial flows prior to discharge to the sewer when it is necessary to restrict or prevent the discharge to the sewer 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 Director of Public Works. All pretreatment systems or devices shall be approved by the Director of Public Works but such approval shall not absolve the industrial discharger of the responsibility of meeting any industrial effluent limitation required by the City. In special cases, the Director of Public Works may require construction of sewer lines by the discharger to convey certain industrial wastes to a specific City trunk sewer. All pretreatment systems judged by the Director of Public Works to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed by the State of California.

(B) Normally, a gravity separation interceptor, equalizing tank, neutralization chamber and control manhole will be required respectively 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 sewer, but shall first discharge to a gravity separation interceptor. (Ord. CCO-99-05, 1999; Ord. 331 § 409, 1975)

13.56.360 Control manhole and separation of domestic and industrial wastewaters.

(A) All domestic or sanitary wastewaters from restrooms, showers, drinking fountains, etc., shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment system or device.

(B) A control manhole of a design approved by the Director of Public Works shall be furnished and installed by certain designated industrial wastewater dischargers to facilitate inspection, sampling and flow measurements by personnel of the City. This control manhole shall be located off the industrial premises or, if within the plant fence, a special locked gate adjacent to the manhole and at a location approved by the City shall be provided, with keys to the gate lock given to the City. Unrestricted access to this control manhole shall be available to authorized personnel of the City at all times. The control manhole may be used as a junction manhole for domestic sewage and industrial wastes provided the junction occurs downstream of the sampling or flow measuring point. (Ord. CCO-99-05, 1999; Ord. 331 § 410, 1975)

13.56.370 Industrial wastewater sampling, analysis and flow measurements.

(A) Periodic measurements of flow rates, flow volumes, COD and suspended solids for use in determining the annual industrial wastewater treatment surcharge and such measurements of other constituents believed necessary by the Director of Public Works shall be made by all industrial wastewater dischargers, unless specifically relieved of such obligation by the Director of Public Works. All sampling, analyses and flow measurements of industrial wastewaters shall be performed by a State-certified independent laboratory, by a laboratory of an industrial discharger approved by the Director of Public Works or by personnel of the City. If performed by City personnel, an appropriate charge shall be paid by the discharger requesting the tests. Prior to submittal to the City of data developed in the laboratory of an industrial discharger, the results shall be verified by a responsible administrative official of the industrial discharger under penalty of perjury.

(B) All wastewater analyses shall be conducted in accordance with the appropriate procedure contained in “Standard Methods.” If no appropriate procedure is contained therein, the standard procedure of the industry or a procedure judged satisfactory by the Director of Public Works shall be used to measure wastewater constituents.

Any independent laboratory or discharger performing tests shall furnish any required test data or information on the test methods or equipment used, if requested to do so by the Director of Public Works.

(C) All dischargers making periodic measurements shall furnish and install at the control manhole or other appropriate location a calibrated flume, weir, flow meter or similar device approved by the Director of Public Works and suitable factors to determine peak and average flow rates for the specific industrial wastewater discharge.

(D) The sampling, analysis and flow measurement procedures, equipment and results shall be subject at any time to inspection by the City. Sampling and flow measurement facilities shall be such as to provide safe access to authorized personnel.

(E) Those industrial wastewater dischargers required by the Director of Public Works to make periodic measurements of industrial wastewater flows and constituents shall annually make the minimum number of such measurements required. The minimum requirement for such periodic measurements shall be at least one 24-hour measurement per year. Representative samples of the industrial wastewater shall be obtained at least once per hour over the 24-hour period, properly refrigerated, composited according to measured flow rates during the 24 hours and analyzed for the specified wastewater constituents. Dischargers required to sample on only a few days per year shall sample during the periods of highest wastewater flow and wastewater constituent discharges. Industrial plants with large fluctuations in quantity or quality of wastewater may be required to provide continuous sampling and analyses for every working day. When required by the Director of Public Works, dischargers shall install and maintain in proper order automatic flow-proportional sampling equipment and/or automatic analysis and recording equipment.

(F) Measurements to verify the quantities of waste flows and waste constituents reported by industrial dischargers will be conducted on a random basis by personnel of the City. (Ord. CCO-99-05, 1999; Ord. 331 § 411, 1975)

13.56.380 Discrepancies between actual and reported industrial wastewater discharge quantities.

(A) Should measurements or other investigations reveal that the industrial discharger is discharging a flow rate, or a quantity of flow, chemical oxygen demand or suspended solids significantly in excess of that stated on the industrial wastewater permit or in excess of the quantities reported to the City by the discharger and upon which the industrial wastewater treatment surcharge is based, the discharger shall apply for an amended industrial wastewater permit and shall be assessed for all delinquent charges together with the penalty and interest provided for in MSMC 13.56.060. Before these charges shall be assessed at least two additional 24-hour samples and flow measurements shall be obtained by the City with all costs of sampling and analyses to be paid by the discharger.

(B) For the purpose of establishing the correct treatment surcharge, the data obtained in these samplings along with any other relevant information obtained by the City or presented by the discharger shall be used by the Director of Public Works in determining the quantity parameters for use in the surcharge formula. An industrial discharger found in violation shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter values over the preceding three years or subsequent to the previous City verification of quantity parameters, whichever period is shorter. (Ord. CCO-11-05 § 38, 2011; Ord. CCO-99-05, 1999; Ord. 331 § 412, 1975)

13.56.390 Industry classifications.

The Director of Public Works may classify dischargers by industrial categories and establish an industrial wastewater treatment surcharge based upon average flow quality and flow quantity for the industrial category adjusted by some commonly recognized parameter selected by the Director of Public Works that establishes the relative size of the industrial discharger being charged. (Ord. CCO-99-05, 1999; Ord. 331 § 413, 1975)

13.56.400 Damage caused by prohibited wastewater discharge.

Any industrial wastewater discharger who discharges or causes the discharge of prohibited wastewaters which cause damage to the City’s facilities, detrimental effects on treatment processes or any other damages resulting in costs to the City shall be liable to the City for all damages occasioned thereby. (Ord. CCO-99-05, 1999; Ord. 331 § 414, 1975)

13.56.410 Trade secrets.

In respect to trade secrets, it is determined that the public interest served by not making said records public clearly outweighs the public interest served by the disclosure of said records. Accordingly, any trade secrets acquired by the City in the course of implementation or enforcement of this chapter shall not be made public except to the extent necessary to enforce this chapter. (Ord. CCO-99-05, 1999; Ord. 331 § 415, 1975)

Part V. Definitions

13.56.420 Definitions generally.

The definitions given in this part shall be used in the interpretation of this chapter, the issuance of permits, the making of charges for service and all other operations of this chapter unless another meaning for the word is apparent from the context. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A, 1975)

13.56.430 Ad valorem tax.

“Ad valorem tax” means the tax levied for the benefit of an individual district on the assessed value of property within its boundaries. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 1, 1975)

13.56.440 Assessed value.

“Assessed value” means that portion of the total assessed value of the property upon which individual City taxes are levied. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 2, 1975)

13.56.450 BOD or biochemical oxygen demand.

“BOD” or “biochemical oxygen demand” means the measure of decomposable organic material in domestic or industrial wastewaters as represented by the oxygen utilized over a period of five days at 20 degrees centigrade and as determined by the appropriate procedure in “Standard Methods.” (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 3, 1975)

13.56.460 Chlorine demand.

“Chlorine demand” means the difference between the amount of chlorine added to a wastewater sample and the amount remaining at the end of a 30-minute period as determined by the procedures given in “Standard Methods.” (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 4, 1975)

13.56.470 COD or chemical oxygen demand.

“COD” or “chemical oxygen demand” means the measure of chemically decomposable material in domestic or industrial wastewater as represented by the oxygen utilized as determined by the appropriate procedure described in “Standard Methods.” (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 5, 1975)

13.56.480 City.

“City” means the City of Mt. Shasta. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 6, 1975)

13.56.490 Director of Public Works.

“Director of Public Works” means the Director of Public Works of the City of Mt. Shasta. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 7, 1975)

13.56.500 Discharger.

“Discharger” means any person that discharges or causes a discharge to a public sewer. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 8, 1975)

13.56.510 Dissolved solids.

“Dissolved solids” or “dissolved matter” means the solid matter in solution in the wastewater and shall be obtained by evaporation of a sample from which all suspended matter has been removed by filtration as determined by the procedures in “Standard Methods.” (Ord. CCO-11-05 § 39, 2011; Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 9, 1975)

13.56.520 Domestic wastewater.

“Domestic wastewater” means the water-carried wastes produced from noncommercial or nonindustrial activities and which result from normal human living processes. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 10, 1975)

13.56.530 Effluent.

“Effluent” means the liquid outflow of any facility designed to treat, convey or retain wastewater. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 11, 1975)

13.56.540 Formula.

“Formula” means the industrial wastewater treatment surcharge formula as set forth in MSMC 13.56.350. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 12, 1975)

13.56.550 House connection.

“House connection” means the sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying domestic wastewater. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 13, 1975)

13.56.560 Industrial connection sewer.

“Industrial connection sewer” means the sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying industrial wastewater. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 14, 1975)

13.56.570 Industrial wastewater.

“Industrial wastewater” means all water-carried wastes and wastewater of the community, excluding domestic wastewater and uncontaminated water, and includes all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes of nonhuman origin. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 15, 1975)

13.56.580 Inspector.

“Inspector” means a person authorized by the Director of Public Works to inspect wastewater generation, conveyance, processing and disposal facilities. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 16, 1975)

13.56.590 Gravity separation interceptor.

“Gravity separation interceptor” means any facility designed, constructed and operated for the purpose of removing and retaining dangerous, deleterious or prohibited constituents from wastewater by differential gravity separation before discharge to the public sewer. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 17, 1975)

13.56.600 Lateral sewer, collecting sewer or main line sewer.

“Lateral sewer,” “collecting sewer,” or “main line sewer” means the public sewer usually eight inches or larger in diameter and used to collect wastewater from house connection and industrial connection sewers and transport it to trunk sewers. Lateral, collecting or main line sewers are normally built and maintained by the City. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 18, 1975)

13.56.610 Ordinance.

“Ordinance” means, unless otherwise specified, the ordinance codified in this chapter. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 19, 1975)

13.56.620 Peak flow rate.

“Peak flow rate” means the average rate at which wastewater is discharged to a public sewer during the highest 30-minute flow period in the preceding 12 months. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 20, 1975)

13.56.630 Person.

“Person” means any individual, partnership, committee, association, corporation, public agency, and any other organization or group of persons, public or private. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 21, 1975)

13.56.640 Public corporation.

“Public corporation” means this State and any political subdivision thereof, any incorporated municipality therein, any public agency of the State or any political subdivision thereof, or any corporate municipal instrumentality of this State. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 22, 1975)

13.56.650 Public sewer.

“Public sewer” means any sewer dedicated to public use and whose use is controlled by a public corporation. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 23, 1975)

13.56.660 Radioactive material.

“Radioactive material” means material containing chemical elements that spontaneously change their atomic structure by emitting any particles, rays or energy forms. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 24, 1975)

13.56.670 Section.

“Section” means a section of this chapter. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 25, 1975)

13.56.680 Sewage.

“Sewage” means wastewater. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 26, 1975)

13.56.690 Sewage pumping plant.

“Sewage pumping plant” means any facility designed and constructed to raise wastewater in elevation or to overcome head losses due to pipeline friction. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 27, 1975)

13.56.700 Sewerage.

“Sewerage” means any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 28, 1975)

13.56.710 Shall and may.

“Shall” is mandatory and “may” is permissive. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 29, 1975)

13.56.720 Solid wastes.

“Solid wastes” means the nonliquid carried wastes normally considered to be suitable for disposal with refuse at sanitary landfill refuse disposal sites. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 30, 1975)

13.56.730 Standard Methods.

“Standard Methods” means the current edition of “Standard Methods for the Examination of Water and Wastewater” as published by the American Public Health Association. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 31, 1975)

13.56.740 Suspended solids.

“Suspended solids” or “suspended matter” means the insoluble matter suspended in wastewater that is separable by laboratory filtration in accordance with the procedure described in “Standard Methods.” (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 32, 1975)

13.56.750 Trade secrets.

“Trade secrets” shall include but is not limited to any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 33, 1975)

13.56.760 Trunk sewer.

“Trunk sewer” means a sewer constructed, maintained and operated by the City that conveys wastewater to the City’s treatment facilities and into which lateral and collecting sewers discharge. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 34, 1975)

13.56.770 Uncontaminated water.

“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 municipal stormwater drainage system. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 35, 1975)

13.56.780 User.

“User” means discharger. See MSMC 13.56.500. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 36, 1975)

13.56.790 Wastewater.

“Wastewater” means the water-carried wastes of the community derived from human or industrial sources including domestic wastewater and industrial wastewater. Rainwater, groundwater or drainage of uncontaminated water is not wastewater. (Ord. CCO-99-05, 1999; Ord. 331 Appx. A § 37, 1975)