Chapter 13.08
WASTEWATER
Sections:
13.08.040 Private wastewater disposal systems.
13.08.050 Prohibited discharges.
13.08.060 Specific limitations on wastes into wastewater sewers.
13.08.070 Connection and repair permits.
13.08.080 Construction of sewer laterals.
13.08.090 Users outside city limits.
13.08.100 Industrial, commercial and other nondomestic wastes.
13.08.120 Storm drainage charges.
13.08.140 Sewer main extensions.
13.08.170 Off-site extensions of lines.
13.08.180 Ownership of sewers.
13.08.200 Discharge from swimming pools into public sewers and streets.
13.08.220 Enforcement—Official authorized.
13.08.230 Disposition of revenues.
13.08.010 Purpose of chapter.
This chapter sets uniform requirements for the use of the city’s wastewater collection (sanitary sewer), treatment, and disposal facilities. These requirements are necessary to protect the health and safety of the citizens of the service area and assure compliance with applicable portions of the Federal Water Pollution Control Act (Clean Water Act), provisions of the Clean Water Grant regulations, and discharge requirements as set by the Regional Water Quality Control Board, Central Valley Region. To do this, the chapter regulates the use and construction of the wastewater collection system, the quality and quantity of the wastewater discharged to the system, the issuance of permits prior to connection to the system, and reserves to the city the control of additions and expansions to the system. This chapter also establishes procedures to assure the equitable distribution of the costs of operating and maintaining the wastewater collection, treatment, and disposal system including capital outlay, debt service costs, capital improvements, and replacement of equipment. (Ord. 80-01 § 101: prior code § 6-1.01)
13.08.020 Definitions.
“Applicant,” as used herein, means any person, group of persons, firm, corporation or association who applies for use of the city’s wastewater collection, treatment, and disposal system.
“Consumer,” as used herein, means any person, group of persons, firm, corporation, or association having a connection into the water system owned and operated by the city.
“Director,” as used herein, means the director of financial management of the city. (Ord. 2009-12 § 2: Ord. 2006-07 § 3 (part); Ord. 2003-28 § 1; Ord. 80-01 § 102: prior code § 6-1.02)
13.08.030 Disposal of wastes.
It is unlawful for any person to cause, suffer, or permit the disposal of wastewater, human excrement, or other liquid wastes in any place or manner except through and by means of a plumbing and wastewater collection system which has been approved by the city engineer. Storm water, ground water, rain water, street drainage, subsurface drainage, or yard drainage shall not be discharged through direct or indirect connections to the wastewater (sanitary) sewer. Such waters may be discharged to the storm sewer. (Ord. 80-01 § 103: prior code § 6-1.03)
13.08.040 Private wastewater disposal systems.
It is unlawful to construct within the city any privy, privy vault, septic tank, cesspool, or other facility designed, or intended to be utilized for the disposal of wastewater, except in those cases where the property line is more than two hundred (200) feet from a city sewer. Existing systems which are functioning properly may be used and pumped, but repairs, additions, or alterations are prohibited. At the time a repair, addition, or alteration is required, the system shall be abandoned and connection made to the city sewer. (Ord. 80-01 § 104: prior code § 6-1.04)
13.08.050 Prohibited discharges.
No person shall discharge, deposit, throw, cause, allow, or permit to be discharged into any public sewer or plumbing fixture connected to the sewer, any of the following described materials:
A. Any solids, liquids, or gases which by themselves or by interaction with other substances may cause fire or explosion hazards, or in any other way be injurious to persons, property, or the operation of the wastewater system;
B. Any noxious or malodorous solids, liquids, or gases, which either singly or by interaction with other substances, is capable of creating a public nuisance or hazard to life or preventing entry into sewers for their maintenance and repair;
C. Any solids, greases, slurries, or viscous material of such character or in such quantity that, in the opinion of the city engineer, may cause an obstruction to the flow in the sewer or otherwise interfere with the proper functioning of the wastewater treatment plant;
D. Any toxic substances, chemical elements, or compounds in quantities sufficient to impair the operation or efficiency of the wastewater treatment plant, or that will pass through the wastewater plant and cause the effluent thereof to exceed Regional Water Quality Control Board requirements for the receiving farm land;
E. Any garbage, except properly ground with a mechanical garbage grinder;
F. Any sand, earth, ashes, mud, cement, broken glass, cinders, feathers, straw, shavings, metal, rags, tar, wood, meat processing plant wastes such as animal skins, intestines, fleshings, and paunch materials retained on a screen having eight meshes per inch each way, or any other solid or viscous substance capable of causing obstructions to the flow in sewers or other interference with proper operation or maintenance of the wastewater system;
G. Any septic tank or cesspool waste except as authorized by the director of public works for disposal at the septage receiving station at the wastewater treatment plant;
H. Any radioactive wastes. In the event of an accidental spell of radioactive material into any public sewer, one person responsible shall: (1) immediately notify the director of public works, and (2) render such technical or other assistance to the city within his of her power to prevent the wastewater treatment plant from becoming contaminated with radioactivity. (Ord. 80-01 § 105: prior code § 6-1.05)
13.08.060 Specific limitations on wastes into wastewater sewers.
A. Quality of Wastes. The admission into the public wastewater sewers of any waters or wastes having characteristics exceeding any of the following concentration limits shall be subject to the review and approval of the city engineer, and where necessary in the opinion of the city engineer, the owner shall provide, at his or her own expense, such preliminary treatment as may be necessary to reduce the strength below the listed limits before admission to the public sewers. Plans and specifications for pretreatment works shall be prepared by a registered engineer and must be submitted to the city engineer for approval.
Arsenic - 0.2 mg/l
BOD (Biochemical oxygen demand) - 350 mg/l
Boron (elemental) - 2.9 mg/l
Cadmium - 0.2 mg/l
Chlorides - 175 mg/l
Chlorinated hydrocarbons - 0.02 mg/l
Chlorine - 0.10 mg/l
Copper - 0.7 mg/l
Chromium - 0.5 mg/l
Cyanide - 1.0 mg/l
Grease or oil of animal or vegetable content - 300 mg/l
Grease or oil of mineral or petroleum origin - 100 mg/l
Hydrogen-ion concentration of pH rating less than 6.0 or more than 9.0.
Iron - 3.0 mg/l
Lead - 0.1 mg/l
Mercury - 0.005 mg/l
Nickel - 1.0 mg/l
Phenolic compounds Phenols, cresols (M,O), and P) and pyrogallic acid - 1.0 mg/l
Selenium - 0.02 mg/l
Silver - 0.1 mg/l
Sodium - 150 mg/l
Sulfate - 75 mg/l
Sulfide - 0.5 mg/l
Suspended solids content of 350 mg/l
Temperature - maximum 150× Fahrenheit
Total dissolved solids (TDS) - 1,000 mg/l
Zinc - 3.0 mg/l
Sand, grease, and oil traps shall be provided when, in the opinion of the city engineer, they are necessary for the proper handling of liquid wastes, sand, or other harmful ingredients. All traps shall be of a type and capacity approved by the city engineer, and shall be so located as to be readily and easily accessible for cleaning and inspection. All grease traps and interceptors shall be cleaned such that grease and solids do not occupy more than twenty-five percent (25) of the volume of the trap/interceptor, or before the discharge limits for grease contained in this section are exceeded. The use of commercial degreasing agents such as lye, emulsifiers, degreasers, enzymes or bacterial agents shall be prohibited.
B. Slugs and Equalized Discharge. No person shall cause the discharge of slugs of water or wastes. Each person producing discharge of a slug into the public sewers shall construct and maintain, at his or her own expense, a suitable storage and flow control facility to insure equalization of discharge over a twenty-four (24) hour period. This facility shall have a capacity of at least eighty (80) percent of the total normal volume discharged during a twenty-four (24) hour production period unless a smaller size is approved by the city engineer, and the outlet to the sewer shall be equipped with a rate discharge controller or other approved device, the regulation of which shall be directed by the city engineer.
C. Special Agreements. No statement contained in this chapter shall be construed as prohibiting any special agreement or arrangement between the city and any person whereby an industrial waste of unusual strength or character may be admitted to the wastewater collection system, either before or after pretreatment, provided that there is no impairment of the functioning of the wastewater treatment plant by reason of the admission of such wastes, and no extra costs are incurred by the city without recompense by the person. (Ord. 94-09 §§ 1, 2; Ord. 80-01 § 106: prior code § 6-1.06)
13.08.070 Connection and repair permits.
Any applicant desiring to use the city sewer system, if the applicant is the owner of real property to which the system is to be connected, will be allowed to connect the real property to the city sewer system if the property is in the city limits and the following conditions are met:
A. The effluent will meet the requirements of this chapter.
B. A street cut permit is obtained.
C. Repairs and connections to existing sewers requiring excavation in the street shall be bonded as required by the city engineer. (Ord. 2006-07 § 3 (part); Ord. 80-01 § 107: prior code § 6-1.07)
13.08.080 Construction of sewer laterals.
The applicant shall bear all costs necessary for the installation of laterals in accordance with the city plumbing code standards for connecting of private sewer facilities to the city sewer mains. (Ord. 80-01 § 108: prior code § 6-1.08)
13.08.090 Users outside city limits.
A. Service Contract. A written contract shall be entered into between the city and each applicant for sewer services outside the city limits.
B. Requirements for Connection. Any property outside of the city limits desiring to use the city sewer system will be allowed to connect to the city sewer system if a specific agreement is reached with another public entity.
C. Application for Connection. Applicants must apply at the city building inspector’s office on the standard application form provided. Included in this form, there will be an inspection report to be filled in and signed by the building inspector and other authorized city employee. The city building inspector shall determine whether the connection is feasible before any sewer lateral construction is started, and shall inspect connecting lines for installation in accordance with the city plumbing code. The city engineer is empowered to review any and all permit applications.
D. Conditions of Use. The following conditions and requirements shall apply to the use of the city sewer system by outside users:
1. Use by residential, industrial, or commercial establishments outside the city limits will not be granted if it will impair the usage of the sewer system or any part thereof by property within the city.
2. Enlargement, extensions, or modifications of the city sewer for use by outside residential, industrial, or commercial establishments shall be solely at the cost of such user. Such enlargements, extensions, or modifications shall be constructed according to plans and specifications approved in advance of construction by the city engineer. Upon certification by the city engineer that construction is complete and in accord with approved plans and specifications, the city shall be granted an option to take title and full control of such facilities. The option shall remain in effect until exercised by the city or as long as the facilities remain connected to the city’s sewerage system. Until the city exercises its option to take full title, such enlargements shall be operated and maintained at the expense of such users, except by special agreement. All limitations established by this chapter shall apply to the enlargements, extensions, or modifications whether operated by the city or the user.
3. Failure or refusal of any outside user to comply with any condition of this chapter or of any contract granted hereunder shall be sufficient grounds for cutting off its connection with the sewer system after five days’ notice thereof by the city.
4. Existing contracts with outside users for city sewer system usage shall not be modified by the provisions of this chapter until such time as existing contracts have terminated, or the ownership of the contract changes.
5. Maximum protection to the city shall be provided in the drafting of any contract and such protection shall include provisions for annexation to the city of the property occupied by user at such time as annexation is feasible in the opinion of the city. All limitations and other provisions of this chapter shall be implied conditions of the contract. (Ord.80-05 §§ 2, 3; Ord. 80-01 § 109: prior code § 6-1.09)
13.08.100 Industrial, commercial and other nondomestic wastes.
A. Permit Required. Before any person shall discharge industrial, commercial, and any other nondomestic wastes into the municipal sewers of the city, it shall be the duty of the person to first obtain a sewer discharge permit from the director of public works. The permit shall be granted for a period of not more than one year, and shall be updated annually by the person. It shall be illegal for any industrial, commercial, or other nondomestic waste generator to discharge to the city system without first obtaining, or being exempted by the director of public works from as provided for herein, a sewer discharge permit.
The term “industrial” and all reasonable derivatives thereof, as used in this section shall be defined as industrial, commercial and nonresidential.
B. Application for Permit. Application for permit to discharge such wastes in the municipal sewers shall be made in writing and shall contain the following minimum information:
1. Name and address of applicant;
2. Location of connection(s) to municipal sewer;
3. Location of appropriate wastewater sampling site suitable for collection of representative effluent wastewater samples by the city;
4. Listing of industrial processes which produce wastewater;
5. Statement as to the approximate times and quantity of discharges including minimum, peak and average anticipated discharges;
6. Estimated concentrations of constituents listed in Section 13.08.060.
The city may require that the applicant for any permit which includes a car wash within the facilities to be covered by the permit to provide facilities for reclamation of wastewater and proper disposal of solids. Such requirements may, at the option of the director of public works, include the submittal of plans and specifications for the installation of such reclamation, reuse, and disposal facilities acceptable to the director of public works.
The director of public works, may at his or her discretion, exempt any commercial or nondomestic waste generator from the permit requirements herein contained if, in his or her opinion, such waste generator does not posses, store, transport, handle, buy, sell, use, or otherwise utilize any materials in sufficient strength or volume where a deliberate or accidental discharge to the city sewer system would not measurably effect the operation of the sewer treatment system or cause a discharge from the permittee which would fail to meet the requirements of Section 13.08.060(A).
C. Issuance of Permit. The city shall issue to the applicant a permit, as required, in the event that the city finds and determines:
1. That there is unused carrying and treatment capacity not necessary for the disposition of domestic sewage of the city;
2. That the amount and character of the wastes proposed to be discharged by the applicant is such that the same can be transported and treated in such a manner than an effluent will result which complies with all applicable state and federal laws and regulations, and which will not result in a nuisance nor any objectionable odors along the pipelines or in the vicinity of wastewater treatment plant and other wastewater facilities;
3. That such wastes will not result in damage to pipelines and other wastewater facilities;
4. That the discharge of proposed wastes will not upset the operation of the sewer treatment plant in a manner which makes materially increases the level of treatment required to meet the facilities operating requirements as dictated by the Regional Water Quality Control Board or other jurisdictional agency;
5. That the effluent will be in compliance with Section 13.08.060(A);
6. The permittee has not received a fifth violation of any previous sewer discharge permit as outlined in subsection (K)(5).
D. Permit Charge. All industry discharging or proposing to discharge to city sewers shall be subject to permit regulations on the effective date of this chapter. Existing permits will remain in effect but may be revised and reissued by the city according to the limitations of this chapter. Before granting any permit under the provisions of this section, the city shall require the payment of fees as passed by resolution of the council.
E. Revocation of Permit. In the event that after granting a permit, as provided for in this chapter, it shall develop, by reason of increased waste concentrations, or changes in composition of the effluent, or changes in composition of the wastewater discharge, that the discharge causes a nuisance or objectionable odors or objectionable condition along the lines or in the vicinity of the wastewater treatment plants or other facilities, or results in damage to pipelines or other facilities, or violates a state or federal law, then, at the city’s discretion, the city may revoke the permit, or may impose further conditions with respect thereto, toward the end of remedying such conditions.
F. Inspection Facility. A customer responsible for any discharge of industrial wastes shall provide, at his or her own expense, suitable means of inspection to facilitate observation, sampling, and measurement of wastes. Such facility may be a manhole but in all cases shall include a flume and flow meter acceptable to the director of public works and shall provide space for an automatic sampler. Such inspection facility shall be maintained in a manner that is safe and accessible to city personnel at all times. Installation, operation, and maintenance of the sampling facilities shall be the responsible of the customer discharging industrial wastewater and shall be subject to the approval of the director of public works.
G. Waste Sampling. Industrial wastes discharged into the public sewers shall be subject to periodic inspection, sampling, and a determination of character and concentration of such wastes for billing and chapter compliance requirements The determination shall be made by the director of public works or representative as often as may be deemed necessary by the city. Samples shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the director of public works, and at his or her discretion. Access to sampling locations for the purpose of periodic sampling shall be granted to the director of public works or duly authorized representatives at all times. Every care shall be exercised in the collection of samples to insure their preservation in a state comparable to that at the time the sample was taken.
H. Analysis.
1. Analysis of industrial wastewater as required for the enforcement of this chapter and the determination of use charges will be conducted at the discretion of the director of public works by either the wastewater treatment plant laboratory or another laboratory selected by the director of public works. The laboratory performing the analysis shall be certified by the state for the analysis required.
2. Cost of sampling and analysis performed by the wastewater treatment plant laboratory will be billed to the customer when, in the opinion of the director of public works because of the quantity or quality of the wastes discharged, a greater number of analysis than normal are required to insure compliance with this chapter. Costs for sampling and analysis performed by another laboratory shall be billed to the customer at cost to the city.
3. At the option of the sewer service charge review board, all sampling and analysis performed by the wastewater treatment plant laboratory may be charged to the customer.
4. A schedule of charges for analysis conducted by the wastewater treatment plant laboratory shall be adopted by the sewer service charge review board.
5. Self-monitoring (sampling and analysis of waste discharges) by the industrial discharger which is performed by or for the discharger shall be summarized and submitted to the director of public works not less than once annually, or more often if required by the city. All records of these analysis shall be retained for not less than two years and made available by the customer for inspection by the director of public works or duly authorized representatives.
6. Laboratory procedures used in the examination of industrial wastes shall be those set forth in the current edition of Standard Methods for the Examination of Water and Wastewater. However, alternative methods for certain analysis of industrial wastes may be used subject to mutual agreement between the director of public works and the customer.
I. Basis for charges. Determination of the character and concentration of the industrial wastewater and the mass of BOD5 and suspended solids discharged shall be made by the city and these determination shall be binding as a basis for charges.
J. Admission of Wastes into Storm Sewers. Industrial cooling water, blow-down from cooling towers or evaporative coolers, wash water waste or waters which are odorless, stable and free from deleterious chemicals shall, where practicable, be discharged into storm drains or storm water channels. For the purpose of this section, any industrial wastewater, waters, or liquids containing less than twenty-five (25) ppm BOD or meet the most recent requirement for secondary treatment as defined by State Water Resources Control Board, shall be deemed stable. The admission of such waters into the public storm sewers shall be limited to unpolluted wastewater providing that it does not violate any provision of this code and providing that it meets federal or state laws and regulations which may be applicable to such discharge.
K. Permit Violations. Violations of the this section or the conditions of a sewer discharge permit shall result in the following:
1. First Violation. A written first notice of violation shall be provided to the permittee by the director of public works or designee for the first violation of a sewer discharge permit. As a result of the first violation, the city shall increase the site inspection and effluent sampling and analysis frequency as determined necessary by the director of public works. The permittee shall be responsible for the city’s additional cost associated with these increased monitoring requirements, and all others herein identified. Such increased monitoring shall continue for a period specified by the director of public works in the first notice of violation, not to exceed one year.
2. Second Violation. A violation shall be considered a second violation if, and only if, it occurs during the term of increased monitoring specified by the director of public works in the written first notice of violation as outlined in subsection (K)(1). The issuance of a second violation shall result in a further increase in the extended monitoring period established in the first notice of violation. The revised term of the extended monitoring resulting from a second violation shall be as specified by the director of public works in the second notice of violation, but shall not exceed an additional two years. The permittee shall be responsible for the city’s cost associated with these increased monitoring requirements. In addition to the above requirements the applicant shall be required to install a site specific sampling station or station as directed by the director of public works
3. Third Violation. A violation shall be considered a third violation if, and only if, it occurs during the term of increased monitoring specified by the director of public works in the second notice of violation as outlined in subsection (K)(2). The issuance of a third violation shall result in a further increase in the extended monitoring period established in the second notice of violation. The revised term of the extended monitoring resulting from a third violation shall be as specified by the director of public works, but shall not exceed an additional three years. The permittee shall be responsible for the city’s cost associated with these increased monitoring requirements. In addition to the above requirements the applicant shall be required to pay a fine of two thousand dollars ($2,000.00) for the third violation of his or her sewer discharge permit.
4. Fourth Violation. A violation shall be considered a fourth violation if, and only if, it occurs during the time of increased monitoring specified by the director of public works in the third notice of violation as outlined in subsection (K)(3). The issuance of a third violation shall result in a further increase in the extended monitoring period established in the second notice of violation. The revised term of the extended monitoring resulting from a fourth violation shall be as specified by the director of public works, but shall not exceed three years. The permittee shall be responsible for the city’s cost associated with these increased monitoring requirements. In addition to the above requirements the applicant shall be required to pay a fine of five thousand dollars ($5,000.00) for the fourth violation of his or her sewer discharge permit.
5. Fifth Violation. A violation shall be considered a fifth violation if, and only if, it occurs during the term of increased monitoring specified by the director of public works in the fourth notice of violation as outlined in subsection (K)(4). Upon issuance of a fifth notice of violation, the applicable sewer discharge permit shall be immediately revoked by the director of public works. In addition, the director of public works shall physically terminate wastewater service to the permittee.
L. Permit Revocation. A permit shall be revoked for the following violations:
1. Failure to provide access to the facility by city personnel or agents for the purpose of enforcing this section;
2. Failure to pay all permit fees and fines as specified herein or by resolution of the city council;
3. The occurrence of a fifth permit violation as outlined in subsection (K)(5).
M. Upon revocation of a sewer discharge permit, the director of public works shall physically terminate the wastewater service to the permittee. Service shall not be reinstated until the permittee brings himself or herself into full compliance with the sewer discharge permit and this ordinance and petitions the city council for reinstatement. At such time, or as soon thereafter as practicable, the director of public works shall refer the matter of reinstatement to the city council for consideration. Any reinstatement under consideration by the city council may contain any additional conditions, requirements, costs, or other items as may be deemed necessary to protect the interests of the city. Said reinstatement may include any conditions deemed appropriate, or be withheld by the city council. (Ord. 94-09 §§ 3—5; Ord. 80-01 § 110: prior code § 6-1.10)
13.08.110 Service charges.
A. Purpose. Cost of operation, maintenance, debt service, equipment replacement and administration of the city wastewater collection, treatment, and disposal system shall be levied against all users thereof in proportion to the quantity and quality of the discharge. These charges shall be calculated according to the regulations of the California State Water Resources Control Board (SWRCB) and shall be adopted by resolution of the council. Separate charges shall be established for storm sewer users. All users shall be assigned to a user-class category by the sewer service review board based on the user’s principal activity and typical wastewater constituents and characteristics The purpose of such classification is to facilitate the regulation of wastewater discharges to provide an effective means of source control, and to establish a system of user charges and fees that insure equitable distribution of costs among all users. The system of charges to be established must, in accordance with the requirements of the Federal Act PL 92-500 and the State Clean Water Grant Program, provide for the following items:
a. Sufficient financing for an adequate operation and maintenance program, including competent operating personnel;
b. Funds to be reserved for necessary future replacements, improvements, and expansions of the facilities;
c. Industrial cost recovery moneys to satisfy the requirements of Section 35.925-12 of the Federal Act.
2. The city shall adopt a schedule of charges and fees by resolution to include:
a. Sewer service charges;
b. Storm sewer charges;
c. Septage charges;
d. Industrial cost recovery charges;
e. Other user charges;
f. Connection fees;
g. Fees for monitoring;
h. Fees for permit applications.
The schedule may be amended annually be resolution of the city council to reflect increases or decreases in costs. The schedule of charges shall be as determined in the annual revision of the revenue program.
B. Sewer Service Charges. The structure of the charges shall be as follows:
1. Single-family dwellings, multi-family dwellings and duplexes, metered or unmetered, shall pay a flat rate sewer charge per family dwelling unit.
2. Mobilehomes; motels; public institutions; fraternal lodges; hospitals nursing homes; churches; restaurants; service stations; automotive centers; car washes; retail commercial and professional buildings; laundromats; and other users which shall be designated by the sewer service review board shall pay a user charge based on metered water flow to the premises.
3. Schools shall pay a monthly sewer service charge based on the average daily attendance (ADA) of the previous month.
4. All wastewater collection, treatment and disposal system users (with the exception of flat rate users) which have unmetered water supplies shall install meters approved by the director of public works. Sewer service charges shall be levied based on metered water flow. As an alternative, the sewer service review board may at their option estimate water usage and set equitable charges accordingly.
5. Industrial dischargers shall pay a sewer service charge based on separate rates established for volume, mass five-day biochemical oxygen demand (BOD5), and mass suspended solids discharged. Industrial sewer service charge shall include industrial cost recovery charge (ICR).
6. The city shall have the option of charging users on the basis of volume of wastewater discharged into the wastewater collection and treatment system rather than volume of water used. In such event, the charge for such volume shall be established by the sewer service review board.
7. An equitable sewer service charge shall be established by the sewer service review board for user classes which have not been listed on the resolution establishing the rate schedule for each class of user.
C. Storm Sewer Charge. A charge rate based on volume of discharge for approved discharges of other than storm water to the storm sewer shall be set by resolution of the city council.
D. Septage Receiving Station Charge. A service charge shall be established by the city council for discharging of septage at the septage receiving station. The sewer service review board shall have the authority to establish additional charges for septage or other wastes discharged at the septage receiving station which exceed average discharge values of BOD5 and suspended solids (SS) concentrations discharged at the septage receiving station by two hundred (200) percent.
E. Sewer Rental Charge. A sewer rental charge shall be established by the sewer service charge review board for users of the wastewater collection, treatment and disposal system which are not subject to city imposed ad valorem property taxes or those whose use will be on property located outside the city limits. Such charge shall be equitable, and it shall recover local cost of existing plant capacity at the time of application. In addition, monthly rental charges shall include an equitable charge to offset annual bond costs and other general costs that are presently paid through taxes, refuse or fees collected on a situs basis. The rental charges shall be an addition to the sewer service charges, connection charges or other charges set forth in this chapter.
F. Industrial Cost Recovery.
1. Any single customer which discharges more than twenty-five thousand (25,000) gallons of wastewater per day, or forty-one (41) pounds of BOD5 per day or forty-one (41) pounds of SS per day is subject to the industrial cost recovery provisions of the Federal Clean Water Grant Regulations.
2. Industrial cost recovery shall be included in and billed with the monthly industrial sewer service charge.
3. Industrial cost recovery shall be computed on the same basis as defined for the industrial sewer service charge. The industrial cost recovery charge shall be established by resolution of the city council and shall be included in the sewer service charge for industrial dischargers.
4. Should the Federal Water Pollution Control Act be amended to delete the industrial cost recovery provisions thereof, the sewer service charge review board shall have the authority to suspend collection of industrial cost recovery until the city council can act to amend this chapter.
G. Inapplicable Measurements. For those users of the city wastewater collection, treatment and disposal system for which the amount of water used is not an equitable measure of the amount of wastewater disposal into the city sewer system, the sewer service review board shall have the authority to establish a fair and equitable sewer service charge in proportion to the amount and strength of the wastewater contributed by the user.
H. Sewer Connection Charges.
1. A sewer connection fee shall be charged by the city to all customers connecting to the city sewers. The connection fees shall provide for recovery of capital costs of the city wastewater collection, treatment, and disposal system and, where applicable, recover costs of constructing sewer mains and service connections.
2. There shall be charged and collected by the city from any person requesting or making such connection, upon or prior to the issuance of any permit which involves or contemplates a sewer connection or the addition of any fixture units, a connection fee as established by the city council.
3. Sewer connection charges shall be established by separate city council resolution.
I. Sewer Service Charge Review Board.
1. The municipal enterprise service and rate review board shall serve as the sewer service charge review board.
2. The sewer service charge review board shall have the authority to perform and shall perform all functions as designated in this chapter. In general, the sewer service charge review board shall revise and adjust fees and charges which are not fair and equitable, establish user charges and fees for users not designated in this chapter, and establish other fees and charges as described in this chapter. (Ord. 2003-28 § 2; Ord. 80-05 §§ 4--7; Ord. 80-01§ 111: prior code § 6-1.11)
13.08.120 Storm drainage charges.
A. Outside City Limits.
1. Any person outside the limits of the city, who increases the runoff from a lot or a subdivision by reason of his or her development or use of the land, will be required to pay a charge per single-family lot. Charges per acre will be set by resolution of the city council.
2. For other than single family, the charge per acre based on a “C” factor of .35 used in the Rational Method formula described in the ASCE Manual of Practice No. 37, Chapter 4, shall be as set by resolution of the city council. Any development or use of land producing a runoff factor greater that .35 coefficient will pay an increased charge in direct proportion to the increase of the coefficient as determined by the city engineer, based on the table of average coefficients listed in Chapter 4 of the ASCE Manual of Practice No. 37.
3. Any person who furnishes his or her own disposal of drainage water from a development without need for city facilities will not be subject to a drainage charge.
B. Inside City Limits. Any person inside the city who increases the runoff from a lot or subdivision by reason of his of her development or redevelopment of the land which raises the runoff coefficient above the .35 “C” factor of the Rational Method formula, will pay a charge equal to one-half the amount indicated under subsection(A)(1) above. (Ord. 80-01 § 112: prior code § 6-1.12)
13.08.130 Enforcement.
A. Collections.
1. Sewer service charges, permit application charges, connection fees, sewer rental charges, industrial cost recovery charges, septage charges, monitoring charges, storm drainage charges, and other charges defined in this chapter shall be collected by the city manager.
2. Flat rate sewer service charges shall be paid monthly in advance with other city utility bills. All sewer service charge revenues collected shall be retained by the city regardless of the date of termination of sewer service, and no rebates shall be for midmonth disconnections.
3. Sewer service charges based on metered water use and student average daily attendance (ADA) shall be billed monthly with other city utility bills following the month of use.
4. All other fees and charges not listed in subsections (B) and (C) shall be paid as set forth in this chapter. Fees and charges not requiring prepayment or payment at time of issuance shall be included on the following monthly city utility bill to the customer.
B. Delinquencies.
1. Penalty Fee. In the event the consumer fails to pay the sewer service charge, connection fee, sewer rental charge, industrial cost recovery, monitoring fees, and other required charges and fees by the fifteenth of the month following presentation of a bill by the city therefor, a penalty for late payment in the amount of ten (10) percent shall be added to such bill, and the director shall collect such penalty in addition to the delinquent charge. In the event that consumers or persons fail to pay the storm sewer charges and storm drainage charges by the fifteenth day of the month following presentation of a bill by the city therefor, a penalty for late payment in the amount of ten (10) percent shall be added to the bill, and collected as described above.
2. Prior to the discontinuance of sewer service for nonpayment of the bill, or nonpayment of a portion thereof, the director shall cause a written notice to be mailed to the consumer, informing the consumer that water service will be discontinued for nonpayment of charges. The written notice shall contain notice of an opportunity for a hearing with the director to present objections to an outstanding bill. The deadline for requesting a hearing shall be no more than ten (10) days after the date of mailing the written notice.
If a hearing is not timely requested, or if a hearing has been requested and the person requesting the hearing fails to appear for it or have it continued within a reasonable time as determined by the director, the city shall discontinue sewer service.
Not less than five days prior to the scheduled discontinuance of sewer service, a second notice shall be mailed postage prepaid to the consumer. Not less than seventy-two (72) hours prior to the scheduled discontinuance, a copy of the notice shall be posted on the premises where sewer service is to be discontinued. Not less than twenty-four (24) hours prior to the scheduled discontinuance of sewer service, a final notice shall be posted on the premises where sewer service is to be discontinued.
The director shall also have the authority to delay the date of sewer service discontinuance by up to fifteen (15) additional calendar days if the premises served is a dwelling and if a tenant of the premises requests such a delay.
3. Court Action. In addition to remedies listed above under discontinuance of services, at the option of the city, the city may file a civil action against the consumer for the collection of any amounts due and unpaid. Such remedy shall be cumulative and in addition to any other remedy provided in this chapter.
4. Lien. Bills for sewer service shall be payable monthly in advance. If a customer is also the real property owner of the premises being supplied sewer service by the city, all unpaid charges for sewer service may be assessed against the customer and become and remain a lien on the customer’s real property until such charges are paid.
In the alternative, the council, pursuant to Sections 5470 through 5473a of the Health and Safety Code of the state, may elect to have such delinquent charges collected on the tax roll in such manner and at the same time as its general taxes and shall give the notice, hold the hearing, and prepare and file the report as to such delinquencies as required by the Health and Safety Code of the state. Such delinquent charges shall thereafter, pursuant to said code, constitute a lien against the lot or parcel of land against which the charges have been imposed.
5. Reconnection of Service. Sewer service shall not be restored until all charges, including the expense of service restoration, have been paid.
6. Ownership and Occupancy. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.
C. Account Disputes. Any consumer desiring to dispute a bill for sewer service or any portion thereof may request a hearing on the matter within ten (10) days of receiving the bill. Upon receipt of a request for hearing, a hearing shall be scheduled not later than ten (10) days from the date of the request. The hearing shall be conducted in an informal manner by the director, who is authorized to review disputed bills and to correct any errors. At the hearing, evidence may be presented and shall be considered in determining whether the correct amount has been charged for the service which has been rendered. At the conclusion of the hearing, the director shall make a decision based upon the evidence and shall have the authority to adjust the amount due in a fair and equitable manner, or permit the consumer to amortize the unpaid balance of his or her account over a reasonable period of time pursuant to an amortization agreement. The decision of the director shall be final, unless timely appealed to city council in accordance with procedures provided in Chapter 2.44 of this code. (Ord. 2009-12 § 3; Ord. 2003-28 §§ 3,4; Ord. 80-01 § 113: prior code § 6-1.13)
13.08.140 Sewer main extensions.
The service applicant in each instance will be responsible for constructing any needed sewer main, except that in special cases the council may authorize construction of mains by the city. All such main extensions shall be constructed and tested in accordance with city-approved engineering design and, city specifications. Sewer lines of six-inch diameter or larger and serving five or more community-owned residential housing units shall be installed to city specifications as determined by the city engineer (Ord. 80-01 § 114: prior code § 6-1.14)
13.08.150 Refund agreement.
The council will approve refund agreements to applicants who construct sewer mains which directly serve off-site property. Such refunds will be made from service connection charges for connections to the sewer main constructed by the applicant. The city will require a connection charge in accordance with the rate schedule adopted by the city council. The connection charge that will be collected shall be as listed in Category 2 of the rate schedule adopted by the city council. The amount of refund to the applicant for each connection shall be the difference between the charges shown for Category 2 and Category 3 of the sewer connection charges as set forth in rate schedule adopted by the city council. Also, as the situation may arise, a refund may be made to the applicant based on a front foot charge, not to exceed one-half of the original cost to the applicant when the applicant’s sewer line benefits other property owners facing subject line. Repayment costs shall be made by the city to the applicant without interest. Accounts payable are to be rendered annually for a maximum period of twenty (20) years. If the full amount of the cost of the line has not been repaid by the end of the twenty (20) year period, no further refund payment shall be made by the city. In no event shall the total amount refunded exceed the actual amount of construction cost. No reimbursement will be allowed for either up-line or lateral-main extensions financed by the city or by others. (Ord. 80-01 § 115: prior code § 6-1.15)
13.08.160 Oversize limits.
When an applicant is required by the city to construct an oversized sewer line, the city shall pay directly to the installing applicant or developer the cost of the oversizing. Such payment will be made from connection fees received by the city for lateral connections to the sewer, including connection fees of the applicant. Only sewers larger than eight inches internal diameter shall be considered oversized; however, if the new development requires a sewer line larger than eight inches for its own purposes, then oversizing will be considered to be a size requirement larger than that needed to serve the development. The city engineer is empowered to make the determination as to how much, if any, oversizing is required and is also empowered to determine the difference in cost between the actual installation and the average cost of an eight inch (or larger) sewer line. The finding of the city engineer shall be conclusive. This section shall not require the city to repay oversizing costs until funds are available for this purpose. (Ord. 80-01 § 116: prior code § 6-1.16)
13.08.170 Off-site extensions of lines.
It shall be the sole responsibility of the applicant or developer to install, provide financial arrangements, or otherwise provide for the extension of sewer lines and facilities across undeveloped private or public properties to serve any development that is not contiguous to such facilities. (Ord. 80-01 § 117: prior code § 6-1.17)
13.08.180 Ownership of sewers.
Laterals on private property belong to the property owner. All sewers in public streets, alleys, and roads, except the lateral serving an individual property, shall become the property of the city when the construction is completed and accepted. Privately owned community systems serving more than one parcel of property are prohibited. (Ord. 80-01 § 118: prior code § 6-1.18)
13.08.190 Maintenance.
The city shall be responsible for maintenance of that portion of any sewer lateral lying within a dedicated public right-of-way and downstream of a city-approved cleanout. The city’s responsibilities under this section shall be strictly limited to this portion of the lateral and no maintenance, cleaning, repair, replacement, or other work shall be performed by city forces or its agents for any portion of a lateral line which lies on private property. All property owners are solely responsible for the cost of installation of an approved sewer cleanout which must be installed and approved by the city prior to acceptance of the lateral for maintenance by the city.
A. City Cleanouts. It shall be the sole responsibility of the property owner to install, at the location and to the standards required by the director of public works, a sewer lateral cleanout at or near the back of sidewalk or the right-of-way line. The city cleanout may be installed by city forces, at the property owners expense, provided there exists a city of resolution establishing fees and charges for such work. Alternatively, the property owner may hire his of her own contractor or install such cleanout himself or herself provided a city encroachment permit is obtained by the owner or his or her agent prior to beginning work. In no event shall city forces be permitted to install a cleanout on a lateral which is blocked or otherwise under pressure. In such event, it shall be the property owners responsibility to clear the obstruction himself or herself or have it cleared by his or her agent at his or her sole expense prior to installation of the cleanout by city crews.
B. Cleaning and Maintenance. Sewer lateral emergency cleaning and preventative maintenance shall be performed by the city or its authorized representative, provided that the following conditions are met:
1. All city sewer charges are current.
2. A sewer lateral cleanout, approved by the director of public works, has been installed within a dedicated city right-of-way.
3. A resolution establishing fees for cleaning and maintenance of lateral lines has been adopted.
C. Lateral Repair and Maintenance. Fees for lateral repair and replacement are included in monthly sewer service charges. That portion of the sewer lateral which lies within a dedicated public right-of-way and downstream of an approved city cleanout shall be the responsibility of the city for repair and replacement provided the following conditions are met:
1. All city sewer charges are current.
2. A sewer lateral cleanout, approved by the director of public works, has been installed within a dedicated city right-of-way.
3. A resolution establishing fees for repair and replacement of lateral lines has been adopted.
D. Limitation. All sewer lateral work authorized by this section including but not limited to maintenance, cleaning, repair, replacement, etc., is limited to that portion of the lateral line between the city cleanout and the mainline. Neither the city nor its agents shall perform any repair and/or maintenance function on any other lateral lines or portions thereof, particularly those lines which do not lie within dedicated public rights-of-way.
E. Damage. Any repair, replacement, cleaning, or other maintenance activity performed by the city under this section which results from discharges which violate Section 13.08.060 or are the result of negligent damage by the owner or his or her agent sha1l be billed to the property owner as a direct cost based on time and materials costs incurred by city and/or its agent.
F. Priorities. The public works director shall determine which lateral lines shall be repaired or replaced. Such decision shall be based upon lateral flow, lateral condition, frequency of cleaning required, and scheduled road resurfacing projects. The number of lines which are repaired or replaced shall be limited by the availability of funds and the value of such repair and replacement work shall not exceed the amount of funds collected for such purpose.
G. Grease Traps. In addition to the above requirements, all commercial restaurant customers shall be required to install grease traps and have them cleaned a minimum of four times per year, not more than four months apart. The city shall not be responsible for any preventive maintenance or cleaning of a lateral line from a restaurant which does not have a grease trap. In the event that the city or its agent is called out for an emergency lateral cleaning and upon inspection, finds a grease trap which has not been properly cleaned or is not in proper working order, then the property owner shall be billed by the city directly for such emergency cleaning on a time and materials basis.
H. Services provided by this section shall begin on April 15, 1994.
I. Sewer Fee. The sewer operation and maintenance fund is one enterprise fund. Therefore, all sewer monthly charges, including maintenance and repair of laterals, shall be collected and accounted for as one sewer operation and maintenance fund. Fees for all such sewer charges shall be adopted annually by resolution of the city council. (Ord. 98-01 §§ 1--4; Ord. 94-05: prior code § 6-1.19)
13.08.200 Discharge from swimming pools into public sewers and streets.
A. Backwash water from swimming pool filters shall be connected to and discharged into a public sewer by an approved connection, including a required air gap separation.
B. Pool water may be drained or pumped into either the storm sewer or gutters that drain to the storm sewer provided the rate does not exceed one hundred (100) gpm. Permission of the director of public works must be obtained before draining or pumping to the street gutters. (Ord. 80-01 § 120: prior code § 6-1.20)
13.08.210 Violation—Penalty.
Any person found to be violating any provision of this chapter or the terms of any permit issued under authority of this chapter shall be served by the city with written notice stating the nature of the violation and providing a time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation and shall be liable to the city for any expense, loss, or damage to the city occasioned by reason of such violation. Violation of this chapter shall be considered a misdemeanor and the violator shall be subject to a fine of not more than five hundred dollars ($500.00). Each additional day of violation after the time allowed for satisfactory correction thereof is considered a new misdemeanor. (Ord. 80-01 § 121: prior code § 6-1.21)
13.08.220 Enforcement—Official authorized.
The public works director is charged with the duty of enforcing this chapter with the exceptions of the collection of funds. The city manager is charged with the duty of enforcing all matters pertaining to fund collection. The chief of police shall provide enforcement assistance upon request (Ord. 80-01 § 122: prior code § 6-1.22)
13.08.230 Disposition of revenues.
A. Wastewater Improvement and Operation Fund. A special fund to be known as the wastewater improvement and operation fund is established. All funds collected for sewer connection fees, sewer service charges, sewer permits, sewer rental, storm sewer charges, drainage fees, income from rental of the sewer farm, septage charges, monitoring fees, permit fees, and other related income shall be deposited in this fund. This fund shall be used exclusively for payment of wastewater treatment plant, sanitary sewer, and storm sewer maintenance, construction, rebuilding, repair, and direct and indirect operational expenses.
B. Industrial Cost Recovery Fund. A special fund to be known as the industrial cost recovery fund is established. Funds collected by industrial cost recovery charges shall be deposited in this fund. Disbursements from this fund shall be according to Federal Industrial Cost Recovery Regulations. (Ord. 80-01 § 123: prior code § 6-1.23)