CHAPTER 2
SEWERS
ARTICLE 16. RECEIVING STATION USE FOR DOMESTIC SEPTIC TANK CLEANINGS
SECTION:
§3785 Faithful Performance Bond
§3786 Bond Not Exclusive Remedy
§3791 Sludge, Solids Prohibited
§3794 Regulations And Procedures
§3795 Compliance With Director’s Rules
§3796 Identification Of Hauling Vehicles
§3781 PURPOSE
The purpose of this Article and of the receiving station service fees and charges prescribed hereunder is to regulate the discharge of domestic septic tank cleanings into Receiving Station facilities at the Ukiah Wastewater Treatment Plant and to derive revenue which shall be used only for the acquisition, construction, reconstruction, maintenance and operation of the Ukiah Wastewater Treatment Plant Receiving Station and the sewage treatment plant facilities. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)
§3782 PERMIT REQUIRED
No person shall deliver or discharge domestic septic tank cleanings into the Ukiah Wastewater Treatment Plant Receiving Station facilities provided for such delivery and discharge, unless such person has a valid and subsisting receiving station use permit (hereinafter "permit") issued by the City pursuant to the provisions of this Article. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)
§3783 ISSUANCE OF PERMIT
No person shall be issued a permit to use the receiving station facilities to deliver and discharge domestic septic tank cleanings unless such person has filed with and furnished to the Department of Public Works:
A. An application on a form provided by the Department of Public Works Collector;
B. The cash or corporate surety bond in the sum of one thousand dollars ($1,000.00) described in §3785;
C. The insurance policies and/or certificates described in §3787; and
D. Evidence of current unrevoked registration with the Mendocino County Health Department under Chapter 6 of Division 20 of the California Health and Safety Code authorizing such person to engage in the business of disposing of the cleanings of domestic septic tanks and Mendocino County Code, Chapter 9.12.
Upon receipt thereof the Department of Public Works shall issue such permit to the applicant. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)
§3784 PERMIT NONASSIGNABLE
A permit issued hereunder is personal to the applicant to whom it is issued and is not subject to transfer or assignment. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)
§3785 FAITHFUL PERFORMANCE BOND
No person shall deliver or discharge the cleanings of domestic septic tanks or chemical toilets into the Ukiah Wastewater Treatment Plant Receiving Station facilities unless such person maintains in full force and effect, a cash bond or a corporate surety bond in the sum of one thousand dollars ($1,000.00) in form approved by the City Attorney, conditioned upon the faithful performance by the permittee of all provisions required to be performed and complied with by permittee under this Section.
The condition of the bond shall be that the amount thereof shall be paid to the City if permittee does any of the following:
A. Delivers or discharges any substance other than the cleanings of domestic septic tanks into the Ukiah Wastewater Treatment Plant Receiving Station facilities; or
B. Discharges therein any of those substances which by the provisions of §3791 are prohibited from discharge into City’s sanitary sewer system.
C. Disposes of sewage or wastes in an unlawful manner within the service area of said Receiving Station; or
D. Is delinquent in paying for charges and fees billed by the Director of Finance under this Section; or
E. Otherwise fails to comply with the provisions of this Article.
Upon payment of any sum to City under such bond, permittee shall immediately furnish and file with City such cash or surety bonds as may again equal the total amount of the bond required hereunder.
No interest shall be paid by City to permittee on any cash bond deposited. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)
§3786 BOND NOT EXCLUSIVE REMEDY
The remedies providing for satisfaction of the obligations set forth in §3785 are cumulative and not exclusive, and are in addition to any other remedies to which City may be lawfully entitled. Each person shall remain personally liable for any obligation or liability incurred in operations subject to regulation under this Article to the extent that bond proceeds are insufficient to satisfy the same. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)
§3787 INSURANCE
No person shall deliver or discharge the cleanings of domestic septic tanks into the Ukiah Wastewater Treatment Control Plant Receiving Station facilities unless such person, at his sole cost and expense, maintains in full force and effect the following policies:
A. Public liability and property damage insurance insuring such person against claims for personal injury and property damage, (including motor vehicle coverage) which may arise by reason of the nature of the work or from the operations conducted under this Article by such person, his officers, employees and all other persons engaged to conduct such operations thereby.
1. Said policy shall name the City and its respective officers and employees as "additional insureds". Such policy shall contain the following language:
"The inclusion of more than one named insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured. Such policy shall be considered primary insurance and no insurance held or owned by the City shall be called upon to cover a loss under said policy up to the full amount of the stated coverage."
2. Such policy shall provide coverage in the following minimum amounts: For bodily injury (including death) five hundred thousand dollars ($500,000.00) per person, one million dollars ($1,000,000.00) per occurrence; property damage five hundred thousand dollars ($500,000.00) on account of any one occurrence, with an aggregate limit of not less than one million dollars ($1,000,000.00) for any policy year, or a combined single limit policy of one million dollars ($1,000,000.00). A duplicate original copy shall be filed with City as hereafter provided.
3. Such policy shall bear an endorsement precluding cancellation or reduction in coverage unless not less than ten (10) days prior thereto, written notice is given by the insurer to the City Clerk, City Hall, 203 South School Street, Ukiah, California 95482.
B. Permittee shall also show evidence, by certificate, of Worker’s Compensation insurance on its employees. (Ord. 768, adopted 1981; amd. by Ord. 775, adopted 1981)
C. Permittee shall cause to be filed with the City’s Director of Public Works the duplicate insurance policy mentioned in paragraph A above, together with the certificate mentioned in paragraph B.
D. Not less than ten (10) days prior to the effective date of termination, expiration or cancellation of each such policy, the permittee shall cause replacement coverage to be filed with the Director of Public Works. (Ord. 775, adopted 1981)
City’s Director of Public Works shall file with the City Clerk all certificates and insurance policies received under this Article. (Ord. 768, §1, adopted 1981; amd. by Ord. 775, adopted 1981; Ord. 845, §3, adopted 1985)
§3788 CHARGES AND FEES
Charges and fees shall be set by resolution of the City Council from time to time as it shall deem appropriate. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)
§3789 SOURCE CERTIFICATION
No person shall be permitted to deliver to discharge materials at the Receiving Station without delivering to the Director of Public Works prior to such delivery or discharge, written certification of the source of collection of said materials on a form approved by the Director of Public Works. The source certification form shall note the date and time of collection, the city and street address of the property from which the materials were collected and shall bear the signature of the owner or occupant of the property. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)
§3790 IMPROPER DISCHARGE
No person shall deliver or discharge into the Receiving Station facilities any industrial waste nor any substances whose discharge into the City’s sanitary sewer system is prohibited by local, State or Federal law. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)
§3791 SLUDGE, SOLIDS PROHIBITED
No person shall deliver or discharge into the Receiving Station facilities any sludge or solids of sewage treatment plants or water treatment plants. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)
§3792 MONITORING WASTES
The City shall have the right by and through its officers, employees or other persons engaged by City to do so, to take such samples of materials delivered by any person into the Receiving Station facilities as the City in its sole discretion may deem appropriate to obtain a representative sample of each delivery’s contents. Such sample may be taken prior to, during or after any such delivery and discharge. Without being limited thereto, results of analyses made of such samples at the Ukiah Wastewater Treatment Plant Laboratory may be used to determine permittee’s conformance with the requirements of this Article. By acceptance of the permit issued hereunder, permittee consents and agrees that such samples may be so taken and used.
In the event the City determines that any such delivery contains substances not permitted to be delivered or discharged hereunder, permittee shall forthwith comply with City’s order or direction that they not be so delivered or discharged. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)
§3793 RECORDS; BILLING
Administrative matters such as recording of deliveries, invoices, payments, delinquencies and collections shall be established by resolution as may be required to implement this ordinance. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)
§3794 REGULATIONS AND PROCEDURES
City’s Director of Public Works is authorized to adopt rules, regulations and procedures relating to the operation of the Receiving Station to establish a schedule of service and to provide a safe, efficient and sanitary use of the Receiving Station facilities, and to implement the provisions of this Article. The Director may deny or suspend the use of Receiving Station facilities to any person who fails to comply with such rules, regulations and procedures. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)
§3795 COMPLIANCE WITH DIRECTOR’S RULES
It shall be unlawful for any person to fail to comply with any written rule, regulation or procedure adopted by City’s Director of Public Works pursuant to this Article which relate to the delivery or discharge of sanitary sewage into Receiving Station facilities of the Ukiah Water Pollution Control Plant. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)
§3796 IDENTIFICATION OF HAULING VEHICLES
Access to and use of Receiving Station facilities shall be granted only to vehicles bearing, in two inch (2") high letters on both sides of the hauling vehicle, the name and address of the holder of a permit issued under this Article and the vehicle load capacity, and to which vehicle there is permanently affixed evidence of a City Receiving Station use permit as provided by the City. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)
§3797 SUSPEND, REVOKE PERMIT
The Director of Public Works or his authorized deputy, may, upon reasonable notice and hearing, suspend or revoke any permit issued under this Article if he finds and determines that any person:
A. Has submitted a permit application that is false in any material respect; or
B. Has failed to maintain in full force and effect, the bonds or insurance required under this Article; or
C. Has personally or through any employee or other person engaged to do so, delivered or discharged any substances other than the cleanings of domestic septic tanks into the Receiving Station facilities or has delivered or discharged therein any substances prohibited from discharge into the City’s sanitary sewer system; or
D. Has disposed of any sanitary sewage or waste in an unlawful manner anywhere within the service area; or
E. Has violated any State, County or City law or regulation regarding the hauling of sanitary sewage, including liquid wastes; or
F. Failed to maintain an unrevoked registration for disposition of septic tank cleanings under California Health and Safety Code Sections 25000 et seq., where required to dispose of such cleanings under this Article.
G. Has failed to conform to any provision of this Article required to be complied with by him; or
H. Has failed to pay, before delinquency, any fees or charge due under this Article.
If the Director determines by reason of emergency circumstances that the immediate preservation of the public health and safety require that such permit be suspended immediately and without prior hearing, he may do so; provided, however, that he shall make a written finding as to the emergency circumstances which justify such immediate action, and forthwith give to permittee written notice thereof of the time, not exceeding fifteen (15) days, when the Director will conduct a hearing to determine whether such suspension shall be continued and/or the permit shall be revoked.
Notice of any proceeding hereunder shall be served personally upon the permittee or by registered mail addressed to permittee at his place of business shown upon records in the License Contractor’s office, or to such other address of permittee as may be known to the Director of Public Works. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)
§3798 DIRECTOR’S DECISION
After any hearing required under this Article, the Director of Public Works shall make a written decision setting forth his findings and his action thereon. A copy of the decision shall be served upon permittee in the manner provided for notice of hearings; the decision is final in ten (10) days after service. (Ord. 768, §1, adopted 1981; amd. by Ord. 845, §3, adopted 1985)