Chapter 13.04
SEWER USE

Sections:

Article I. General Provisions

13.04.010    Citation.

13.04.020    Purposes.

13.04.030    All users to comply.

13.04.040    City manager to enforce.

13.04.050    Rules and regulations.

13.04.060    City nonliability.

Article II. Definitions

13.04.100    Definitions.

Article III. Sewer Use Regulations

13.04.200    Limitations on point of discharge.

13.04.210    Discharge into storm drain prohibited.

13.04.220    Public nuisance.

13.04.230    Protection from accidental discharge.

13.04.240    Accidental discharge – Notice of discharge.

13.04.250    Storm and other waters.

13.04.260    Cooling and unpolluted water.

13.04.270    Obstructing or injurious substances.

13.04.280    Flammable or explosive substances or the like.

13.04.290    Hot substances.

13.04.300    Grease, oils, fats.

13.04.310    Solid or viscous matter.

13.04.320    Corrosive matter.

13.04.330    Interfering substances.

13.04.340    Electroplating industry – Interfering substances.

13.04.350    Prohibition on use of diluting waters.

13.04.360    Suspended solids – Dissolved matter.

13.04.370    Noxious or malodorous matter.

13.04.380    Radioactive matter.

13.04.390    Colored matter.

13.04.400    Garbage.

13.04.410    Septic tank sludge or effluent.

13.04.420    Substances causing violation of state or federal conditions or standards.

13.04.430    Grease, oil and sand traps.

13.04.435    Grease, oil and sand interceptors.

13.04.436    Trap and interceptor self-monitoring.

13.04.437    Inspection and fees.

13.04.440    Connection to sanitary sewer system required.

13.04.450    Responsibility for building sewers and cleanouts.

Article IV. Administration

13.04.500    Sewer connection permits.

13.04.510    Wastewater discharge permits.

13.04.520    Pretreatment.

13.04.530    Monitoring.

13.04.540    Discharge reports.

13.04.550    Inspection.

Article V. Monitoring Sewage Treatment Demands of Land Development and Suspension of Building Permits Under Certain Conditions

13.04.600    Intent and purpose.

13.04.610    Conditional approvals.

13.04.620    Standard condition.

13.04.630    Growth management system.

Article VI. Connection and Service Charges

13.04.700    Authority for charges.

13.04.710    Purpose of charges.

13.04.720    Classification of users.

13.04.730    Sewer connection charges.

13.04.740    Sewer service charges.

13.04.750    Method of billing for sewer service charges.

13.04.755    Establishment of credit.

13.04.760    Sewer use charges as lien.

13.04.770    Maintenance of records.

13.04.780    Delinquency date for sewer service charges – Penalty for delinquency.

13.04.800    Disputed bills – Closed accounts.

Article VII. Enforcement

13.04.900    Revocation or suspension of wastewater discharge permits.

13.04.910    Refusal, discontinuance or termination of sanitary sewer service.

13.04.920    Enforcement of payment of delinquent sewer service charges.

13.04.930    Collection of delinquent sewer service charges on tax roll.

13.04.940    Cease and desist orders – Emergency orders.

13.04.950    Falsification of information.

13.04.960    Malicious damage to sanitary sewer system.

13.04.970    Correction of violations – Collection of costs – Injunctions.

13.04.980    Appeals.

13.04.985    Violation – Administrative complaint and penalties.

13.04.990    Violation – Penalty.

13.04.1000    Legal action and civil penalties.

Article I. General Provisions

13.04.010 Citation.

This chapter shall be known and may be cited as the “sewer use ordinance” of the city. (Ord. 87-09 § 1, 1987)

13.04.020 Purposes.

The purposes of this chapter are to:

A. Provide for and regulate the disposal of sanitary sewage into the sanitary sewage system in such manner and to such extent as is reasonably necessary to maintain and increase the ability of the system to handle and dispose of sanitary sewage;

B. Provide for and regulate the disposal of industrial waste into the sanitary sewage system in such manner and to such extent as may be reasonably necessary to maintain and increase the ability of the system to handle and dispose of industrial waste without decreasing the ability of the system to handle and dispose of all sanitary sewage;

C. Improve opportunities to recycle and reclaim treated effluent and wastewater sludge;

D. Protect the physical structures of the sanitary sewer system and the efficient functioning of its component parts;

E. Protect the city and its personnel, and preserve and protect the public health, safety, and comfort;

F. Comply with all applicable and compatible state and federal laws, rules, regulations, and orders; and

G. Provide for the charging and collection of various charges reasonably necessary for the acquisition, construction, reconstruction, maintenance, and operation of the sanitary sewer system. (Ord. 87-09 § 1, 1987)

13.04.030 All users to comply.

All users of the sanitary sewer system within and without the boundaries of the city shall comply with the provisions of this chapter. (Ord. 87-09 § 1, 1987)

13.04.040 City manager to enforce.

The city manager and his designated representatives shall enforce the provisions of this chapter and for such purposes shall have the powers of peace officers. Such powers shall not limit or otherwise affect the powers or duties of any other city official. (Ord. 87-09 § 1, 1987)

13.04.050 Rules and regulations.

The city manager may establish such rules and regulations as are necessary for the administration and enforcement of the provisions of this chapter. The city manager may also delegate and appoint members of the city administration to act on his behalf. (Ord. 87-09 § 1, 1987)

13.04.060 City nonliability.

The provisions of this chapter shall not be construed to relieve or lessen the responsibility of any person for damages to life or property in the discharge of industrial waste, nor shall the city, or any agent thereof, be held to have assumed any liability by reason of performance of duties pursuant to this chapter. (Ord. 87-09 § 1, 1987)

Article II. Definitions

13.04.100 Definitions.

Certain words and phrases are defined in this section to clarify their use in this chapter. Where a definition is not given, or where a question of interpretation arises, the definition that shall control is the normal meaning of the word within the context of its use.

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

B. “Approval authority” means the State Water Resources Control Board acting through the California Regional Water Quality Control Board for the Central Valley Region.

C. “Biochemical oxygen demand” or “BOD” means the quantity of oxygen expressed in parts per million by weight utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of 20 degrees Celsius as described in “Standard methods.”

D. “Building” means a structure built, erected, and framed of component structural parts designed for the housing, shelter, enclosure, or support of persons, animals, or property of any kind.

E. “Building drain” means that part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of a building and conveys it to the building sewer beginning two feet outside the building wall.

F. “Building permit” means a permit issued by the building official of the city pursuant to HMC Title 15.

G. “Building sewer” means that part of the horizontal piping of a drainage system which extends from the end of the building drain to the public sewer and which receives the discharge of the building drain and conveys it to the public sewer.

H. “CFR” means the Code of Federal Regulations.

I. “City manager” means and includes the city manager of the city and his authorized representatives.

J. “Cleanout” means the cast iron or approved plastic riser fitted with an approved cleanout plug installed at the point where the building sewer connects to the public sewer.

K. “Domestic waste” means sanitary sewage.

L. “Drainage system” means and includes all the piping within public or private premises which conveys sewage or other liquid wastes to the public sewer, but does not include the public sewer.

M. “Effluent” means the liquid outflow of any facilities designed to treat, convey, or retain wastewater.

N. “Environmental Protection Agency” or “EPA” means the United States Environmental Protection Agency. Where appropriate, the term may also be used to designate the administrator or other duly authorized official of that agency.

O. “Garbage” means solid wastes from the preparation, cooking, and dispensing of foods, and from the handling, storage, and sale of produce.

P. “Grease” means grease, oil, fat, or other ether-soluble matter, and includes each of the following two types:

1. Dispersed grease, which means grease which is not floatable grease;

2. Floatable grease, which means grease which floats on the surface of quiescent sewage water or other liquid or which floats upon dilution of the liquid with water.

“Grease interceptor” for the purposes of this chapter shall mean a grease trap device specifically approved by the city engineer and used either singly or in combination with an existing grease trap as determined necessary by the director of public works in order to achieve sufficient removal of sand, oils and greases or other objectionable waste.

“Grease trap” means any suitable device designed to separate sand, oil and grease in order to prevent their discharge into the city sewer system.

Q. “Industrial user” means:

1. Any nongovernmental, nonresidential user of the sanitary sewer system which discharges more than the equivalent of 25,000 gallons per day of sanitary sewage and which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:

a. Division A, agriculture, forestry, and fishing;

b. Division B, mining;

c. Division D, manufacturing;

d. Division E, transportation, communications, electric, gas, and sanitary services;

e. Division I, services.

A user in the divisions listed may be excluded if it is determined that the user will introduce primarily segregated sanitary sewage from sanitary conveniences.

2. Any nongovernmental user of the sanitary sewer system which discharges wastewater into the system which contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity either singly or by interaction with other wastes, to contaminate the sludge of the system, or to injure or interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has an adverse effect on the waters receiving any discharge from the system.

3. Any source of indirect discharge into the sanitary sewer system which does not constitute a “discharge of pollutants” under regulations issued pursuant to Section 402 of the Act.

4. Any user of the sanitary sewer system that has been determined to require pretreatment including physical separation of wastes.

R. “Industrial waste” means the wastes from producing, manufacturing, and processing operations of every kind and nature.

S. “Land development approval” means any prezoning, zoning, or rezoning, or any discretionary permit, which for purposes of this chapter shall be limited to site development permits, exceptions, conditional use permits, and approvals of tentative subdivision maps.

T. “National pollution discharge elimination system permit” or “NPDES permit” means a permit issued to the city for the sanitary sewer system by the approval authority pursuant to the Act.

U. “Owner” means the owner of any premises.

V. “Permit” means either a sewer connection permit or a wastewater discharge permit.

W. “Permittee” means the person, firm, or organization to whom a sewer connection permit or a wastewater discharge permit or both have been issued.

X. “Person” means any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, their legal representatives, agents, or assigns.

Y. “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

Z. “Premises” means a separate lot or parcel of land, improved or unimproved, which is connected directly or indirectly to the sanitary sewer system or any portion thereof, or from which any sewage is discharged or conducted, directly or indirectly, into the system.

AA. “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the sanitary sewer system. The reduction or alteration can be obtained by physical, chemical, or biological processes, process changes, or by other means, except as hereinafter prohibited. “Pretreatment,” except where expressly authorized to do so by an express standard in this chapter, shall never include an increase in the use of process water, other nonwaste waters, or in any other way attempting to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the provisions of this chapter or any order issued pursuant to the authority herein contained.

BB. “Private sewage disposal system” means a septic tank with the effluent discharging into a subsurface disposal field, into one or more seepage pits, or into a combination of subsurface disposal field and seepage pit or of such other facilities as may be permitted under the Uniform Plumbing Code.

CC. “Private sewer” means a building sewer which receives the discharge from more than one building drain and conveys it to a public sewer.

DD. “Public sewer” means a sewer owned and operated by the city tributary to the wastewater treatment plant and dedicated to public use.

EE. “Radioactive material” means any material containing chemical elements which spontaneously change their atomic structure with the emission of atomic energy.

FF. “Sanitary sewage” means water-carried wastes from residences, business buildings, institutions, and industrial establishments, excluding industrial waste and also excluding ground, surface, and stormwaters.

GG. “Sanitary sewer system” means all sewers, treatment plants, and other facilities owned or operated by the city for carrying, collecting, pumping, treating, and disposing of sanitary sewage and industrial waste.

HH. “Sewage” means and includes sanitary sewage or industrial waste or both.

II. “Sewer” means a pipe or conduit for carrying sewage.

JJ. “Sewer connection charge” means a fee or charge levied on users of the sanitary sewer system at the time of their connection to the system for the privilege of connecting to the system.

KK. “Sewer service charge” means a fee or charge levied on users of the sanitary sewer system for the user’s proportionate share of the cost of operation and maintenance (including replacement) of the system.

LL. “Standard methods” means the examination and analytical procedures for industrial waste set forth in the most recent edition of “Standard Methods for the Examination of Water, Sewage, and Industrial Wastes,” published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation. All analytical measurements made pursuant to this chapter shall be in conformity with “Standard Methods” or EPA-recommended procedures and shall be performed by a laboratory certified by the California Department of Health Services.

MM. “Storm drainage system” means all conduits, pumping plants, collection facilities and other appurtenances owned and operated by the city for carrying, collecting, pumping and disposing of stormwater, surface water, ground water, roof runoff or other unpolluted water.

NN. “Stormwater” means water to which no pollutant has been added, either intentionally or accidentally, other than street wash, surface water, rainwater runoff, or drainage, but excludes sewage. One pass cooling water may be considered as stormwater.

OO. “Suspended solids” means solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids and which are removable by laboratory filtering.

PP. “System” means the sanitary sewer system.

QQ. “Unpolluted water” means water to which no pollutant has been added, either intentionally or accidentally, which would render such water unacceptable to the city for disposal to storm or natural drainages or directly to surface waters.

RR. “User” means any person who discharges or causes, allows, or permits the discharge of wastewater into the sanitary sewer system.

SS. “Waste” means and includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal.

TT. “Wastewater” means the liquid portion of sanitary sewage or industrial waste, whether treated or untreated, which is contributed into or permitted to enter the sanitary sewer system.

UU. “Wastewater constituents and characteristics” means the individual chemical, physical, bacteriological, radiological, and other parameters which serve to define, classify, or measure the content, quality, quantity, and strength of wastewater.

VV. “Wastewater discharge permit” means the permit required by HMC 13.04.520.

WW. “Wastewater treatment plant” means any arrangement of devices and structures for treating sanitary sewage and industrial waste. (Ord. 07-07 § 1, 2007; Ord. 87-09 § 1, 1987)

Article III. Sewer Use Regulations

13.04.200 Limitations on point of discharge.

No person shall discharge any substances directly into a manhole or other opening in a public sewer other than through a city-approved sewer connection. (Ord. 87-09 § 1, 1987)

13.04.210 Discharge into storm drain prohibited.

It is unlawful to discharge any sanitary sewage, industrial waste, or other polluted waters into any storm drain, natural outlet, or channel without a valid NPDES permit. (Ord. 87-09 § 1, 1987)

13.04.220 Public nuisance.

The discharge of unscreened garbage, fruit, vegetable, animal, or other solid industrial waste into any part of the sanitary sewer system in violation of any provision of this chapter is declared to be a public nuisance. (Ord. 87-09 § 1, 1987)

13.04.230 Protection from accidental discharge.

Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter into either the storm drainage or sanitary sewer systems. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user’s expense. (Ord. 87-09 § 1, 1987)

13.04.240 Accidental discharge – Notice of discharge.

All industrial users shall provide immediate notice to the city manager of any accidental discharge into the sanitary sewer system of wastes of reportable quantities as determined in 40 CFR 117 so that the city may take countermeasures to minimize damage to the system, the treatment process, and the receiving waters. Immediate notice shall be followed, within 15 days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrences. Immediate notice shall not relieve industrial users of liability for any expense, loss, or damage to the sanitary sewer system, the treatment process, or the receiving waters, or for any fines imposed on the city on account thereof under applicable provisions of state or federal law. (Ord. 87-09 § 1, 1987)

13.04.250 Storm and other waters.

No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any stormwater, surface water, groundwater, roof runoff, or subsurface drainage, or any water acceptable into the storm drainage system according to standards maintained by the state. (Ord. 87-09 § 1, 1987)

13.04.260 Cooling and unpolluted water.

No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any unpolluted cooling water or unpolluted industrial process water. (Ord. 87-09 § 1, 1987)

13.04.270 Obstructing or injurious substances.

No person shall discharge, or cause, allow, or permit to be discharged, thrown, or deposited into the sanitary sewer system or any part thereof, or into any plumbing fixture or private sewer or drain connected either directly or indirectly to the sanitary sewer system, any substance of any kind whatsoever tending to obstruct or injure the sanitary sewer system, or to cause a nuisance or hazard, or which will in any manner interfere with the proper operation or maintenance of the sanitary sewer system, or which will cause damage or imbalance to any portion of the treatment sludge disposal process. (Ord. 87-09 § 1, 1987)

13.04.280 Flammable or explosive substances or the like.

No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any gasoline, benzene, naphtha, fuel oil, or any flammable or explosive liquid, solid, vapor, gas, or thing. (Ord. 87-09 § 1, 1987)

13.04.290 Hot substances.

No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any liquid, solid, vapor, gas, or thing having or developing a temperature of 150 degrees Fahrenheit or more, or which may cause the temperature of wastewater at the wastewater treatment plant to exceed 90 degrees Fahrenheit. (Ord. 87-09 § 1, 1987)

13.04.300 Grease, oils, fats.

No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any liquid or other waste containing floatable and/or dispersed grease, oil, or fat of animal, vegetable, or mineral origin in excess of 150 parts per million by weight. (Ord. 87-09 § 1, 1987)

13.04.310 Solid or viscous matter.

No person shall discharge, deposit, or throw, or cause to be discharged, deposited, or thrown into the sanitary sewer system or any part thereof, any ashes, cinders, dead animals, offal, pulp, paper, sand, cement, mud, straw, shavings, metal, glass, rags, feathers, tar, asphalt, resins, plastics, wood, whole blood, paunch manure, bones, hair, fleshings, entrails, paper dishes, paper cups, milk containers, or other similar paper products, either whole or ground, or any heavy, solid or viscous substance capable of causing obstruction to the flow in the sanitary sewer system or any part thereof, or which would interfere with the proper operation of the wastewater treatment plant or the treatment of sanitary sewage or industrial waste. (Ord. 87-09 § 1, 1987)

13.04.320 Corrosive matter.

A. No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any liquid, solid, vapor, gas, or thing having a pH lower than 5.0 or more than 10.5 or having any other corrosive property capable of causing damage or hazard to the sanitary sewer system or any part thereof, or to any personnel operating, maintaining, repairing, or constructing the system, or working in or about the system.

B. No person shall discharge or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any liquid, solid, vapor, gas, or thing which shall cause the pH of the total wastewater flow at the wastewater treatment plant to be less than 6.5 or more than 8.0. (Ord. 87-09 § 1, 1987)

13.04.330 Interfering substances.

No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any toxic or poisonous substances or any other pollutant, including BOD, in sufficient quantity to injure or cause an interference with the sewage treatment process, or in sufficient quantity to constitute a hazard to humans or animals, or in sufficient quantity to create a hazard for humans, animals, or fish in any waters receiving effluent from the system, or which may create a hazard in the use or disposal of sewage sludge. No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any industrial waste containing any of the following toxic substances exceeding the concentration set forth in this section:

Toxic Substance

Maximum Allowable Concentration

Aldehyde

5.0 mg/L

Antimony

5.0 mg/L

Arsenic

1.0 mg/L

Barium

5.0 mg/L

Beryllium

1.0 mg/L

Boron

1.0 mg/L

Cadmium

0.7 mg/L

Chlorinated hydrocarbons, including, but not limited to, pesticides, herbicides, algicides

trace

Chromium, total

1.0 mg/L

Copper

2.7 mg/L

Cyanides

1.0 mg/L

Fluorides

10.0 mg/L

Formaldehydes

5.0 mg/L

Lead

0.4 mg/L

Manganese

0.5 mg/L

Mercury

0.01 mg/L

Methyl ethyl ketone and other water insoluble ketones

5.0 mg/L

Nickel

2.6 mg/L

Phenol and derivatives

30.0 mg/L

Selenium

2.0 mg/L

Silver

0.7 mg/L

Sulfides

1.0 mg/L

Toluene

5.0 mg/L

Xylene

5.0 mg/L

Zinc

2.6 mg/L

In no event shall any person discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any industrial waste having a 96-hour median tolerance limits (TLm), as determined in accordance with “Standard Methods,” of less than 50 percent. (Ord. 87-09 § 1, 1987)

13.04.340 Electroplating industry – Interfering substances.

The following discharge requirements shall apply to the electroplating point source category, as defined by the “Effluent Guidelines and Standards; Electroplating Point Source Category” of the EPA, found at 40 CFR 413, and these requirements supersede requirements for pollutants as set forth in HMC 13.04.330 as follows:

Pollutant

Maximum Allowable Concentration

(in milligrams per liter)

Cadmium (Cd)

0.7

Chromium (Cr)

1.0

Copper (Cu)

2.7

Cyanide, total (CN-T)

1.0

Lead (Pb)

0.4

Nickel (Ni)

2.6

Silver (Ag)

0.7

Zinc (Zn)

2.6

Total metals (copper + nickel + zinc + chromium)

6.8

In no event shall any person discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any industrial waste having a 96-hour median tolerance limit (TLm), as determined in accordance with “Standard Methods,” of less than 50 percent. (Ord. 87-09 § 1, 1987)

13.04.350 Prohibition on use of diluting waters.

The use of diluting waters to meet the standards for discharge of wastes is prohibited. (Ord. 87-09 § 1, 1987)

13.04.360 Suspended solids – Dissolved matter.

No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any liquid containing suspended solids or dissolved matter of such character and quantity that unusual attention or expense is required to handle, process, or treat such matter at the wastewater treatment plant. (Ord. 87-09 § 1, 1987)

13.04.370 Noxious or malodorous matter.

No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any solid, liquid, vapor, gas, or thing which is so malodorous or noxious that its discharge into the system would cause a public nuisance or hazard. (Ord. 87-09 § 1, 1987)

13.04.380 Radioactive matter.

No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any radioactive matter. (Ord. 87-09 § 1, 1987)

13.04.390 Colored matter.

No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions. (Ord. 87-09 § 1, 1987)

13.04.400 Garbage.

A. No person shall discharge, deposit, or throw, or cause, allow, or permit to be discharged, deposited, or thrown into the sanitary sewer system or any part thereof, any garbage, or any fruit, vegetable, animal, or other solid material from any food processing plant or other industrial plant or retail grocery store, irrespective of whether or not the same has first passed through a mechanical grinder, and no person shall install, operate, use, or maintain upon the premises of any food processing plant or any other industrial plant or retail grocery store, any mechanical grinder or waste grinder that is connected directly or indirectly to the system.

B. No person shall discharge, deposit, or throw, or cause, allow, or permit to be discharged, deposited, or thrown into the sanitary sewer system or any part thereof, any garbage, or any fruit, vegetable, animal or other solid kitchen waste material resulting from the preparation of any food or drinks, in any dwelling, restaurant, or eating establishment unless the same shall have first been passed through a mechanical garbage or waste grinder in conformance with the provisions of the plumbing and electrical code of the city. (Ord. 87-09 § 1, 1987)

13.04.410 Septic tank sludge or effluent.

No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any septic tank sludge or effluent. (Ord. 87-09 § 1, 1987)

13.04.420 Substances causing violation of state or federal conditions or standards.

No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any substance which will cause the sanitary sewer system to violate any state or federal disposal system conditions or receiving water quality standards. (Ord. 87-09 § 1, 1987)

13.04.430 Grease, oil and sand traps.

A. Any type of business or establishment where grease, oil, sand, or other objectionable materials may be discharged into a public or private sewer shall have a grease trap. All existing businesses or establishments requiring grease traps shall install a trap if one is not already in place within 120 days from the effective date of the ordinance codified in this chapter.

B. All grease traps shall be of a size and design approved by the city engineer prior to installation and shall be constructed in accordance with such design.

C. All grease traps shall be installed and connected so that they are at all times easily accessible for inspection, cleaning, and removal of intercepted grease, oil, sand, or other objectionable material.

D. All grease traps shall be situated on the user’s premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

E. Any waste discharge from fixtures and equipment in the above-mentioned types of businesses or establishments, which may contain grease, oil, sand, or other objectionable materials including, but not limited to, scullery sinks, pot and pan sinks, dishwashers, food waste disposals, soup kettles, and floor drains located in areas where such objectionable materials may exist, may be drained into the sanitary sewer system through the grease trap when approved by the city engineer; provided, however, that toilets, urinals, wash basins, and other fixtures containing fecal material shall not flow through the grease trap.

F. All grease traps shall be maintained in efficient operating condition by periodic removal of the accumulated grease, oil, sand, or other objectionable material. The use of chemicals to dissolve grease is specifically prohibited. No such accumulated grease, oil, sand, or other objectionable material shall be introduced into any drainage piping or public or private sewer.

G. All grease traps shall be of substantial construction, made of impervious materials, capable of withstanding abrupt and extreme changes in temperature, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.

H. All abandoned grease traps shall be emptied and filled as required for abandoned septic tanks (Section 1119 of the Uniform Plumbing Code).

I. All grease traps shall be installed in such a manner that drainage from areas outside the area intended to be served may not enter. (Ord. 07-07 § 1, 2007; Ord. 87-09 § 1, 1987)

13.04.435 Grease, oil and sand interceptors.

Grease, oil and sand interceptors shall be installed when the director of public works determines that either the lack of a grease, oil and sand trap or deficiencies in either the operation or maintenance of an existing grease, oil and sand trap warrant it. (Ord. 07-07 § 1, 2007)

13.04.436 Trap and interceptor self-monitoring.

All users of the city sanitary sewer system that are subject to the use of either a grease, oil and sand trap or interceptor shall periodically submit maintenance self-monitoring reports in a form and schedule as determined by the director of public works. (Ord. 07-07 § 1, 2007)

13.04.437 Inspection and fees.

All users of the city sanitary sewer system shall permit city representatives access for the purposes of inspecting any portion of the sewer collection system, laterals of the property owner, pretreatment systems including but not limited to physical treatment systems. Inspection fees as adopted by the city council from time to time by resolution shall be applied as a service charge pursuant to HMC 13.04.740. (Ord. 07-07 § 1, 2007)

13.04.440 Connection to sanitary sewer system required.

A. All premises within the city on which sewage is produced shall be connected to the sanitary sewer system except as provided in subsection B of this section.

B. When a public sewer is not available for a premises to connect to the sanitary sewer system, the premises shall be connected to an approved private sewage disposal system, provided that at such time as a public sewer becomes available to such premises the premises shall immediately connect to the sanitary sewer system. A public sewer shall be considered as not being available to a premises when the closest public sewer or any building or any exterior drainage facility connected thereto is located more than 200 feet from any existing or proposed building or exterior drainage facility on the premises.

C. There shall be a separate connection to the sanitary sewer system for each premises served except when otherwise authorized by the city manager.

D. It is unlawful for any person to connect any premises to the sanitary sewer system except as provided in this chapter. (Ord. 87-09 § 1, 1987)

13.04.450 Responsibility for building sewers and cleanouts.

The owner of any premises shall be responsible at his own expense for the installation, maintenance, repair, and cleaning out of the building sewer and cleanout, including the connection to the public sewer, for the premises owned by him. Each owner shall install building sewers and cleanouts in accordance with the standards prescribed in HMC Title 15. Each owner shall be liable for any damages which may result from his failure to properly install, maintain, repair, or cleanout the building sewer or cleanout for the premises owned by him. (Ord. 87-09 § 1, 1987)

Article IV. Administration

13.04.500 Sewer connection permits.

A. Any person proposing to connect any premises to the sanitary sewer system shall obtain a sewer connection permit before connecting the premises to the system.

B. Any person seeking a sewer connection permit shall complete and file an application with the city on the form provided, accompanied by plans and specifications for the connection, the applicable sewer connection charge, and such application fee as may be established by the city council from time to time by resolution.

C. Sewer connection permits shall be issued by the city manager upon a determination that the application complies with the provisions of this chapter and other applicable provisions of this code. Every sewer connection permit issued by the city manager pursuant to this section shall expire by limitation and become null and void if actual construction on the building for which sewer service is applied for is not commenced within 180 days from the date of issuance of the permit, or if construction on the building for which sewer service is applied for is suspended or abandoned at any time after actual construction is commenced for a period of 180 days. In order to renew action on a sewer connection permit after expiration, a new application, including all charges and fees, shall be required. Any permittee holding an unexpired sewer connection permit may apply for an extension of the permit when he is unable to commence actual construction within the time required by this section for good and satisfactory reasons. The city manager may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond his control have prevented action from being taken. No sewer connection permit shall be extended more than once. (Ord. 87-09 § 1, 1987)

13.04.510 Wastewater discharge permits.

A. All industrial users proposing to connect to or to discharge into the sanitary sewer system shall obtain a wastewater discharge permit before connecting to or discharging into the system. All existing industrial users connected to or discharging into the sanitary sewer system shall obtain a wastewater discharge permit within 90 days of the effective date of the ordinance codified in this chapter.

B. Any industrial user seeking a wastewater discharge permit shall complete and file an application with the city in the form provided, accompanied by such application fee as may be established by the city council from time to time by resolution. Proposed new industrial users shall apply for a wastewater discharge permit not less than 90 days prior to actual connection to the sanitary sewer system.

C. Wastewater discharge permits shall be issued by the city manager for a specified time period, not to exceed two years. A wastewater discharge permit may be issued for a period less than two years and may be stated to expire on a specific date. A permittee shall apply for the reissuance of a wastewater discharge permit a minimum of 60 days prior to the expiration of the existing permit. The terms and conditions of a wastewater discharge permit may be subject to modification by the city during the term of the permit as limitations or requirements are identified or other just cause exists. A permittee shall be informed of any proposed changes in his wastewater discharge permit at least 30 days prior to the effective date of change. Any changes to, or new conditions on, a wastewater discharge permit shall include a reasonable time schedule for compliance. If a permittee wishes to change the quality or quantity of his discharge, he must apply for a new wastewater discharge permit.

D. Wastewater discharge permits are issued to specific industrial users for specific operations. A wastewater discharge permit shall not be reassigned, transferred, or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city manager. Any succeeding owner or user shall also comply with the terms and conditions of the existing wastewater discharge permit until a new permit is issued.

E. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations, fees, charges, and discharge limitations, established by the city. Wastewater discharge permits shall also be subject to such other terms and conditions as are necessary to effectuate the purposes of this chapter. Such other terms and conditions may include, but shall not be limited to, mandatory pretreatment of waters and wastes, restrictions on peak flow discharges, designation or relocation of point of discharge, prohibition of certain types of discharge, restrictions on hours of discharge, and payment of additional charges to defray increased costs created by a particular type of discharge. The terms and conditions of wastewater discharge permits shall be uniformly enforced by the city manager in accordance with the provisions of this chapter and applicable state and federal laws. Wastewater discharge permits may contain timetables for compliance approved by the city manager. (Ord. 87-09 § 1, 1987)

13.04.520 Pretreatment.

Whenever deemed necessary by the city manager, users shall provide such pretreatment or take such other measures as shall be required to reduce objectionable characteristics, contents, or rate of discharge of waters or wastes being deposited into the sanitary sewer system so that the same may be received therein without any damage to the system or any undue interference with its operation and without any hazard of any kind to humans or animals. Facilities required to pretreat wastes and wastewater to a level acceptable to the city shall be provided, operated, and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city manager for review and approval before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city manager prior to the user’s initiation of the changes. The quality of the discharge required by this chapter shall be maintained at all times. Standby facilities may be required to attain this quality. All records relating to compliance with pretreatment standards shall be made available to officials of the EPA upon request. (Ord. 87-09 § 1, 1987)

13.04.530 Monitoring.

The city manager may require any industrial user to construct, at the industrial user’s expense and at an approved location, monitoring facilities to allow inspection, sampling, and flow measurement of the industrial user’s building sewer or internal drainage systems. The monitoring facilities, sampling, and measurement equipment, and access thereto shall be maintained at all times in a safe and proper operating condition at the industrial user’s expense. Any monitoring facilities required shall be specified in the industrial user’s wastewater discharge permit. (Ord. 87-09 § 1, 1987)

13.04.540 Discharge reports.

The city manager may require any person discharging wastewater into the sanitary sewer system to file periodic discharge reports. The discharge report may include, but need not be limited to, nature of process, volume, rates of flow, mass emission rate, hours of operation, number of employees, or other information relating to the generation of waste, including the wastewater constituents and characteristics of the wastewater discharges. Such reports may also include the chemical constituents and quantity of chemicals stored on-site, even though they may not normally be discharged. In addition to discharge reports, the city manager may require information in the form of wastewater discharge permit applications and self-monitoring reports. (Ord. 87-09 § 1, 1987)

13.04.550 Inspection.

The city manager and other duly authorized employees and agents of the city bearing credentials and identification shall be permitted to enter upon any premises at all reasonable times for the purposes of:

A. Determining the size, depth, location, and condition of any sewer or storm drain connection;

B. Determining the location of discharge connections of roof and surface drains and plumbing fixtures;

C. Inspecting, observing, measuring, sampling, and testing the quality, consistency, and characteristics of sewage being discharged into any public sewer or natural outlet;

D. Inspecting and copying any records relating to quantity and quality of wastewater discharges, including, but not limited to:

1. Water usage and effluent discharged,

2. Chemical usage, and

3. Hazardous waste records; and

E. Ascertaining any other matter related to the administration or enforcement of the provisions of this chapter.

The city shall have the right to set up on any premises such devices as are necessary to conduct inspection, sampling, compliance monitoring, and/or metering operations. (Ord. 87-09 § 1, 1987)

Article V. Monitoring Sewage Treatment Demands of Land Development and Suspension of Building Permits Under Certain Conditions

13.04.600 Intent and purpose.

It is the intent and purpose of this article to provide for the suspension of building permits and further land development within the city when the volume or strength of sewage generated by such development will cause the loadings at the wastewater treatment plant to meet or exceed the plant’s operational capacity. (Ord. 87-09 § 1, 1987)

13.04.610 Conditional approvals.

After the effective date of the ordinance codified in this chapter, all land development approvals and applications for such approvals in the city shall provide notice to the applicant for or recipient of such approval that no vested right to a building permit shall accrue as the result of the granting of such approval when and if the city manager makes a determination that the cumulative sewage treatment demand on the wastewater treatment plant represented by approved land uses within the city will cause the total sewage treatment demand to meet or exceed the plant’s capacity to treat such sewage adequately and within the discharge standards imposed on the city by the approval authority. Conditions designed to reduce the sewage associated with any land use approval may be imposed by the approval authority. (Ord. 87-09 § 1, 1987)

13.04.620 Standard condition.

All land development approvals and applications therefor shall be accompanied by the following language:

The land development approval which is the subject of File No. ______ is subject to the operation of Part 5 of Chapter 13.04 of Title 13 of the Hughson Municipal Code. The applicant for or recipient of such land use approval hereby acknowledges receipt of notice that the issuance of a building permit to implement such land development approval may be suspended, conditioned, or denied where the city manager has determined that such action is necessary to remain within the operational capacity of the sanitary sewer system or to meet the discharge standards of the system imposed by the California Regional Water Quality Control Board for the Central Valley Region.

(Ord. 87-09 § 1, 1987)

13.04.630 Growth management system.

The city manager may suspend, condition, or deny any or all building permits as follows:

A. The city manager shall develop land use/effluent coefficients for calculating the sewage effluent of general plan uses. The land use/effluent coefficient for each general plan use shall be the city manager’s best estimate of the volume of sewage which will be generated by that use at the time of occupancy. Such coefficient may be revised by the city manager from time to time and shall be assigned in the city manager’s discretion. The decision of the city manager with respect to land use/effluent coefficients to be assigned to specific general plan uses shall be final. For purposes of this part, and using such land use/effluent coefficients or an estimate based on an actual land use represented by a specific proposal, the city manager shall assign to each application for a land development approval or a building permit an estimate of the sewage effluent which will be generated by such application. The city manager shall also assign an estimated time of occupancy for the land use contemplated by such application for a land development approval or building permit.

B. Calculations of estimated effluent and date of occupancy shall be updated by the city manager from time to time as more reliable data becomes available.

C. Whenever the sewage treatment demand represented by approved building permits reaches the operational capacity of the wastewater treatment plant, the city manager shall direct the building official of the city to suspend the issuance of building permits except as hereinafter provided.

D. Such suspension shall remain in effect until the city manager has determined that additional treatment capacity is available by virtue of either recalculated data which is determined to be more reliable than previous data or the completion of additional capital facilities at the wastewater treatment plant which adds treatment capacity to the plant.

E. During the period of suspension, the building official shall continue to receive applications for building permits, which applications shall be logged in chronological order.

F. When additional capacity is determined to be available as hereinabove specified, the city manager shall direct the building official to proceed to issue building permits until the sewage estimated to be generated by such building permits reaches the operational capacity of the wastewater treatment plant. The building official shall proceed to approve building permits in chronological fashion, approving the oldest applications first, unless the city council adopts another method of assigning priority to the issuance of building permits after suspension.

G. Any suspension of building permits pursuant to this part shall not apply to any building permit for the replacement, remodeling, or renovation of existing structures (or structures existing within six months of the application for a building permit), where the estimated sewage effluent for such proposed land use will not increase beyond the prior use of the land on which the construction represented by such building permit is proposed to be established. No replacement, remodeling, or renovation shall be approved pursuant to this exemption where the land use represented by such building permit will have the effect of discharging sewage in excess of the sewage generated by the number of living units or living unit equivalents existing on the property immediately prior to such replacement, remodeling, or renovation, or within six months of the date of application for such building permit. (Ord. 87-09 § 1, 1987)

Article VI. Connection and Service Charges

13.04.700 Authority for charges.

The charges established in this article are authorized by Article 4 (commencing with Section 5470) of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code. The amounts fixed by the city council from time to time for such charges shall comply with the provisions of Part 35 of 40 CFR and shall be based on the proportional contribution of each user class to the total sanitary sewer system loading. (Ord. 87-09 § 1, 1987)

13.04.710 Purpose of charges.

The purpose of the charges established in this article is to derive revenue which shall be used only for the acquisition, construction, reconstruction, maintenance, and operation of the sanitary sewer system, to repay principal and interest on any bonds heretofore or hereafter issued for the construction or reconstruction of the system, and to repay any federal or state loans or advances heretofore or hereafter made to the city for the construction or reconstruction of the system; provided, however, no such revenues or moneys shall be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor, and outfall sewers. (Ord. 87-09 § 1, 1987)

13.04.720 Classification of users.

All users shall be classified by assigning each one to a user class on the basis of the principal activity conducted on the user’s premises and the typical wastewater constituents and characteristics for that type of user. The city council shall establish the user classes for the city from time to time by resolution of the council. (Ord. 07-07 § 1, 2007; Ord. 87-09 § 1, 1987)

13.04.730 Sewer connection charges.

All users shall pay a sewer connection charge according to their user class at the time they make application for connection to the sanitary sewer system. The amount of the sewer connection charge for each user class shall be fixed by the city council from time to time by ordinance adopted by resolution of the council. (Ord. 07-07 § 1, 2007; Ord. 87-09 § 1, 1987)

13.04.740 Sewer service charges.

All users shall pay a sewer service charge according to their user class. The amount of the sewer service charge for each user class shall be fixed by the city council from time to time by ordinance adopted by resolution of the council. (Ord. 07-07 § 1, 2007; Ord. 87-09 § 1, 1987)

13.04.750 Method of billing for sewer service charges.

All users shall be billed for sewer service monthly or bimonthly, at the option of the city. Sewer service charges may be collected with the rates, tolls, and charges for other utility services furnished by the city and all such charges may be billed on the same bill. Each user shall be notified, at least annually, in conjunction with a regular bill, of the rate of his sewer service charge and the portion of that charge which is attributable to wastewater treatment services. (Ord. 02-06 § 1, 2002; Ord. 87-09 § 1, 1987)

13.04.755 Establishment of credit.

Each applicant for sewer service will be required to establish credit before receiving such service. Credit will be deemed established if the applicant meets any one of the following conditions:

A. If the applicant makes a cash deposit in the amount of twice the estimated average periodic bill for sewer service. Such estimate shall be made by the city manager, based on average bill for similar services in the last 12 months;

B. If the applicant furnishes a guarantor satisfactory to the city to secure payment of bills;

C. If the applicant has been a user of the city sewer system or of any other California city as demonstrated by submission of bills for 12 consecutive months of service by the city and during such time has paid all bills without discontinuance of service for nonpayment thereof. (Ord. 96-07 § 1, 1996)

13.04.760 Sewer use charges as lien.

Notwithstanding any other provision of this chapter, sewer service charges, including any accumulated fines, interest or penalties, shall constitute a lien against the premises against which the charge was imposed, if the account user is the owner of the property and if the charge remains delinquent for a period of 60 days. Each bill for sewer service shall include a statement notifying the owner of the lien provided by this section. The lien provided by this section shall have no force or effect until recorded with the county recorder and when so recorded shall have the force, effect, and priority of a judgment lien and continue for three years from the time of recording unless sooner released or otherwise discharged. (Ord. 07-07 § 1, 2007; Ord. 96-05 § 2, 1996; Ord. 87-09 § 1, 1987)

13.04.770 Maintenance of records.

The city manager shall maintain adequate records of bills tendered, payments received, delinquencies recorded, charges incurred, and such other information as may be necessary. The city manager shall maintain all required records in accordance with sound accounting principles. Original records to support each payment made shall be retained for six months after which they may be destroyed provided a microfilm record is substituted. If a microfilm record is not maintained, original records of receipts and disbursements shall be retained for three years. Microfilm records shall be retained for two and one-half years. (Ord. 87-09 § 1, 1987)

13.04.780 Delinquency date for sewer service charges – Penalty for delinquency.

Sewer service charges shall be delinquent if not paid in full on or before the thirtieth day immediately following the date upon which such charge becomes due and payable. Whenever any sewer service charge becomes delinquent, there shall be imposed a penalty equal to 10 percent of the delinquent payment. In addition, an amount equal to one and one-half percent per month of the delinquent payment and penalty shall be added to the delinquent payment for each month during which the delinquent payment remains unpaid after the delinquency date and the account remains in an open status. (Ord. 87-09 § 1, 1987)

13.04.800 Disputed bills – Closed accounts.

A. If any user or owner disputes the amount of the sewer service charge for any premises controlled or owned by him in any bill or invoice, he shall, within 30 days immediately following the date upon which such charge becomes due and payable, file a claim with the city manager accompanied by detailed supporting factual data in support of the claim. It shall be the duty of each user or owner to prove to the city manager that such charge is in error and the correct amount thereof. If the city manager determines that the charge was in error, the city manager shall correct the bill or invoice. Failure to dispute the amount of any charge in accordance with this section shall be deemed acceptance of the correctness of the charge.

B. The city manager shall refund any amounts due a user or owner on a closed account; provided, however, refunds on closed accounts of $10.00 or less shall not be made unless a specific request is made by the party to whom the refund is owed. The city manager may cancel all closed accounts having a balance of $20.00 or less. (Ord. 07-07 § 1, 2007; Ord. 87-09 § 1, 1987)

Article VII. Enforcement

13.04.900 Revocation or suspension of wastewater discharge permits.

A. A wastewater discharge permit may be suspended or revoked upon written notice to the permittee for any violation of the terms and conditions of the permit, the provisions of this chapter, or applicable state and federal regulations, or for any of the following:

1. Failure of the permittee to factually report the wastewater constituents and characteristics of the permittee’s discharge;

2. Failure of the permittee to report significant changes in operations or wastewater constituents and characteristics;

3. Failure of the permittee to correct objectionable conditions listed in a cease and desist order within the time stipulated in such order;

4. Refusal by the permittee to permit reasonable access to the permittee’s premises for the purpose of inspecting or monitoring, or verification of records; or

5. Failure or refusal by the permittee to pay sewer service charges or other charges when due.

B. Any permittee whose wastewater discharge permit has been suspended or revoked shall, immediately upon receipt of notice thereof, discontinue the deposit or discharge of industrial waste, sanitary sewage, or effluent into the sanitary sewer system until his permit has been reinstated or a new permit has been issued.

C. Notice of suspension or revocation of a wastewater discharge permit shall be in writing and set forth the reasons for the suspension or revocation. Such notice shall be sent to the permittee by certified mail, return receipt requested, to the address shown on the permit or as known to the city manager. (Ord. 87-09 § 1, 1987)

13.04.910 Refusal, discontinuance or termination of sanitary sewer service.

A. Sewer service may be refused, discontinued, or terminated to any premises upon written notice to the user and to the owner, if different, for any violation of the provisions of this chapter or applicable state and federal regulations. If any such violation creates an imminent danger to the public health or safety, or to public or private property, then the city manager may act immediately to refuse, discontinue, or terminate sewer service after notice thereof.

B. Notice of refusal, discontinuance, or termination of sewer service shall be in writing and shall set forth the reasons for the refusal, discontinuance, or termination of service. Such notice shall be sent to the user and to the owner of the premises, if different, by certified mail, return receipt requested, to the address shown on the bill for sewer service or as known to the city manager. (Ord. 87-09 § 1, 1987)

13.04.920 Enforcement of payment of delinquent sewer service charges.

In the event any user fails to pay, when due, any sewer service charge applicable to premises controlled or owned by him, the city may enforce payment of such delinquent charges in any of the following manners:

A. The city may have the premises disconnected from the sanitary sewer system pursuant to HMC 13.04.910. In the event such disconnection should create a public hazard or nuisance, the city manager or his designated representative may enter upon the premises for the purpose of doing such things as may be reasonably necessary to alleviate or remove such hazard or menace. The user of the premises shall have a duty to reimburse the city for all expenses incurred by the city in disconnecting the premises, or in doing other things authorized by this section, and no reconnection shall be made until all such charges are paid.

B. The city may institute action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as any other debts owing to the city may be collected.

C. The city may perfect the lien provided for in HMC 13.04.780 to collect any and all delinquent payments.

D. The city may place any and all delinquent payments on the tax roll, for collection with its general taxes, as provided in HMC 13.04.930.

E. The city may take such other action as may be authorized by law and by the city council. (Ord. 96-05 § 4, 1996; Ord. 87-09 § 1, 1987)

13.04.930 Collection of delinquent sewer service charges on tax roll.

A. Pursuant to the provisions of Article 4 (commencing with Section 5470) of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, the city elects as a procedure for the collection of delinquent sewer service charges, for property for which the owner is the user, to have all such charges for each fiscal year collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes.

B. The city manager shall prepare and file with the city clerk, on or before the fifth day of July of each year, or such other date or dates as the city council may specify by resolution, a written report containing a description of each and every parcel of real property upon which a delinquent charge is pending for receiving sewer service and the amount of the delinquent charge and penalties for each parcel computed in conformity with the provisions of this chapter.

C. The city clerk shall cause notice of the filing of said report and of the time and place of the hearing thereon to be published, prior to the date set for the hearing, in a newspaper of general circulation printed and published within the city, if there is one, and if not, then in such paper printed and published in Stanislaus County. The publication of said notice shall be once a week for two consecutive weeks. Two publications in a newspaper published once a week or more often, with at least five days intervening between the respective publication dates, not counting such publication dates, shall be sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth, including therein the first day.

D. Before the city may have delinquent sewer service charges collected on the tax roll for the first time, the city clerk shall cause a notice, in writing, of the filing of said report and of the time and place of the hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as known to the city clerk. If the city council adopts said report, then the requirements for notice in writing to the persons to whom parcels of real property are assessed shall not apply to hearings on reports prepared in subsequent fiscal years but notice by publication as provided hereinabove shall be adequate.

E. At the time stated in the notice, the city council shall hear and consider all objections or protests, if any, to said report referred to in said notice, and may continue the hearing from time to time. If the city council finds that protest is made by owners of a majority of separate parcels of property described in said report, then said report shall not be adopted and the charges shall be collected separately from the tax roll in any of the manners provided in HMC 13.04.920. In such event the charges shall not constitute a lien against any parcel or parcels of land except as provided in HMC 13.04.780.

F. Upon the conclusion of the hearing, the city council may adopt, revise, change, reduce, or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in said report, which determination shall be final.

G. On or before the thirty-first day of August of each year following the final determination upon each charge, the city clerk shall file with the city manager a copy of said report with a statement endorsed thereon over his or her signature that it has been finally adopted by the city council. The city manager shall thereupon cause said charges to be placed on the property tax roll and collected by the county of Stanislaus for the city, as hereinafter provided. The county’s tax collector shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. Where any such parcels are outside the boundaries of the city they shall be added to the assessment roll of the city for the purpose of collecting such charges. If the property is not described on the roll, the county’s tax collector may enter the description thereon, together with the amounts of the charges as shown in that report.

H. The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of noon on the first Monday in March immediately preceding the date of the levy.

I. The tax collector shall include the amount of the charges on the bills for taxes levied against the respective lots or parcels of land. Thereafter, the amount of the charges shall be collected at the same time, in the same manner, by the same persons as, together with and not separately from, the general taxes for the city, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.

J. All law applicable to the levy, collection, and enforcement of general taxes of the city including, but not limited to, those pertaining to matters of delinquency, correction, cancellation, refund, and redemption, are applicable to such charges except that if any real property to which such charges relate has been transferred or conveyed to a bona fide purchase for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the charges relating to such property shall be transferred to the unsecured roll of collections.

K. The tax collector may, in his discretion, issue separate bills for such charges and separate receipts for collection on account of such charges. The county shall be compensated for services rendered in connection with the levy, collection, and enforcement of such charges in an amount to be fixed by agreement between the board of supervisors of Stanislaus County and the city council.

L. If any premises are omitted from the said report or said tax roll, either because the charge therefor shall not have yet been ascertained by the city as of the date of said report, or for any other reason, then the delinquent charge for the premises shall be collected in any of the manners provided in HMC 13.04.920.

M. This section shall remain in effect until July 1, 1998, unless sooner repealed. (Ord. 96-05 § 5, 1996; Ord. 87-09 § 1, 1987)

13.04.940 Cease and desist orders – Emergency orders.

A. The city manager may issue a cease and desist order to any premises found to be in violation of the provisions of this chapter or applicable state and federal regulations. The city manager may include a time schedule for compliance with any cease and desist order. The city manager may issue a cease and desist order in the event of a threatened violation.

B. The city manager may order the abatement of any discharge or any waste associated with human habitation, or of human or animal origin from any source when it is determined that the discharge causes or threatens to cause a condition which is immediately detrimental to the public health, safety, or welfare. Any such situation shall be abated by service of a notice upon the person responsible for the discharge or the owner of the premises and if not abated within 24 hours after serving the notice the city may perform such work or cause to be performed such work as shall be necessary to obtain proper abatement.

It is unlawful for any person to fail to obey or correct such conditions within 24 hours after being ordered to do so. Any cost incidental to such work shall be an assessment upon the premises affected and shall be collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes. The city manager shall follow the procedures set forth in HMC 13.04.930 for having such charges collected with the general taxes. (Ord. 87-09 § 1, 1987)

13.04.950 Falsification of information.

It is unlawful for any person to knowingly make any false statement, representation, record, report, plant, or other document or to knowingly tamper with or render inaccurate any monitoring device or equipment installed or operated pursuant to this chapter or of any wastewater discharge permit issued hereunder. In addition to any punishment or remedy provided by law, any such falsification or tampering shall be grounds for revocation of any wastewater discharge permit issued hereunder. (Ord. 87-09 § 1, 1987)

13.04.960 Malicious damage to sanitary sewer system.

Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing, or tampering with any structure, equipment, or appurtenance which is part of the sanitary sewer system or required pursuant to the provisions of this chapter shall be a violation of this chapter. (Ord. 87-09 § 1, 1987)

13.04.970 Correction of violations – Collection of costs – Injunctions.

In order to enforce the provisions of this chapter, the city may correct any violation hereof. The cost of such correction may be added to the sewer service charge of the person violating the chapter or the owner of the premises upon which the violation occurred, and the city shall have such remedies for the collection of such costs as it has for the collection of sewer service charges. The city may also petition a court of competent jurisdiction for the issuance of a preliminary or permanent injunction, or other, as may be appropriate, restraining any person from the continued violation of this chapter. (Ord. 87-09 § 1, 1987)

13.04.980 Appeals.

A. Any user, permit applicant, permittee, or owner affected by a decision, action, or determination, including suspension, revocation, refusal, discontinuance, termination, cease and desist order, or emergency order issued by the city manager interpreting, implementing, or enforcing the provisions of this chapter or any wastewater discharge permit issued hereunder, may appeal such decision, action, or determination to the city council pursuant to this section.

B. Any such appeal to the city council shall be made by filing a petition with the city clerk no later than 10 working days from date of the decision, action, or determination of the city manager. The petition shall set forth the grounds for the appeal and the reasons why such appeal should be granted. Upon receipt of said petition, the city clerk shall immediately forward a copy of the petition to the city manager and within 10 working days following the filing of the appeal the petition shall be placed on the agenda of the city council.

C. In considering and ruling on an appeal of a decision, action, or determination of the city manager, the city council may reverse or affirm the city manager, wholly or in part, or impose such conditions as the facts warrant. The decision of the city council shall be final. (Ord. 87-09 § 1, 1987)

13.04.985 Violation – Administrative complaint and penalties.

A. If any person discharges industrial waste or other wastes into the sanitary sewer system contrary to the provisions of this chapter or applicable state and federal regulations or in violation of any permit or order issued or made pursuant to this chapter, the city manager may issue an administrative complaint pursuant to the provisions of California Government Code Section 54740.5. Administrative penalties may be imposed on the discharger consistent with the requirements and provisions of Government Code Section 54740.5.

B. Civil penalties may be imposed by the city pursuant to this section as follows: (1) in an amount which shall not exceed $500.00 for the first such violation; (2) in an amount which shall not exceed $1,000 for the second violation that occurs within 30 days of the first such violation; and (3) in an amount which shall not exceed $2,000 for the third violation and any further violations occurring within 30 days of the first such violation. Each day constitutes a separate violation.

C. For purposes of proceedings pursuant to this section the city manager is designated as the hearing officer or in the event the city manager is disqualified, the hearing officer shall be designated by the city council.

D. The city council finds that the provisions of this chapter and any permit or order issued or made pursuant to this chapter, are necessary in order for the city to meet standards established by the federal or state or other regulatory agencies, are necessary to protect the city sanitary sewer system and to protect the proper and efficient operation thereof, and to protect the health or safety of its employees or the environment. (Ord. 01-05 § 1, 2001)

13.04.990 Violation – Penalty.

Any person who violates or fails to comply with any of the provisions of this chapter, or who violates or fails to comply with any permit or order issued or made pursuant to this chapter shall be guilty of an infraction for the first such violation and shall be guilty of a misdemeanor for the second and any further violations within 24 months of the first violation. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time, and when not otherwise specified in any citation or notice of violation, each day, or portion thereof, that such violations continue shall constitute a separate offense. (Ord. 87-09 § 1, 1987)

13.04.1000 Legal action and civil penalties.

A. If any person discharges sanitary sewage, industrial waste, or other wastes into the sanitary sewer system contrary to the provisions of this chapter or applicable state and federal regulations, the city may commence an action in a court of competent jurisdiction for appropriate legal and/or equitable relief.

B. Any person who intentionally or negligently violates any provision of this chapter or any wastewater discharge permit issued hereunder, or who intentionally or negligently discharges waste or wastewater which causes pollution, or violates any effluent limitation, national standard of performance, or national pretreatment or toxicity standard, shall be civilly liable to the city and the city may petition a court of competition jurisdiction to impose, assess, and collect civil penalties therefor to the maximum extent permitted by law. (Ord. 87-09 § 1, 1987)