Chapter 11.06
SEWERAGE SYSTEM
Sections:
11.06.040 Use of City sewerage system.
11.06.050 Connection to City sewerage system.
11.06.060 Rules and regulations.
11.06.070 Industrial wastewater discharges.
11.06.080 Service charges and fees.
11.06.090 Enforcement and penalties.
11.06.010 Purpose.
The purpose of this chapter is to provide rules and regulations for the use of the City sewerage system, for connection to the City sewerage system, for industrial and other discharges to the sewerage system and to establish charges and fees for the use of the sewers. (Ord. 90-4, 6-26-1990)
11.06.020 Definitions.
The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section:
“Authorized representative of industrial user” means:
A. A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
B. Principal executive officer or ranking elected official, if the industrial user is a municipality, State, Federal or other public agency;
C. A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or
D. A duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the industrial wastewater originates.
“Boarding house” means a dwelling other than a hotel where lodging or lodging and meals for three or more persons is provided for compensation.
“BOD or biochemical oxygen demand” means the measure of decomposable organic material in sanitary or industrial sewage as represented by the oxygen utilized over a period of five days at 20 degrees Celsius and as determined by the appropriate procedure in “Standard Methods.”
“Brine” means a heavily saturated salt solution containing chloride.
“City” means the City of Newman, California, or the City Council of Newman, California.
“City Manager” means the City Manager of the City of Newman, or the person or persons designated by him to administer and enforce the rules and regulations of this chapter.
“Class I industrial user” means an industrial user who:
A. In any one month has an average daily discharge in excess of:
1. Twenty-five thousand gallons per day of wastewater, or
2. Seventy-five pounds per day BOD, or
3. Seventy-five pounds per day total suspended solids;
B. Is subject to Federal categorical pretreatment standards; or
C. Has a reasonable potential to adversely affect the operation of wastewater treatment facilities.
“Class II industrial user” means an industrial user who is not classified as a Class I industrial user.
“Discharge” means any measurable quantity of waste or wastewater released to the sewer system.
“Discharger” means any person that discharges or causes a discharge to a public sewer.
“Dwelling groups” means a group of two or more detached or semi-detached, one-family, two-family, or multiple dwellings, occupying a parcel of land in one ownership and having any yard or court in common, but not including motels.
“Domestic wastewater” means water-borne wastes derived from normal human living processes.
“Effluent” means the liquid outflow from any facility designed to treat, convey or retain wastewater.
“Hotel” means any building or portion thereof containing six or more guest rooms, used, designed or intended to be used, let or hired out to be occupied by six or more individuals for compensation, whether the compensation for hire be paid directly or indirectly.
“Indirect discharge” means introduction of pollutants into the wastewater treatment facilities from any nondomestic source regulated under Sections 307(b), (c) or (d) of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.).
“Industrial user” means any source of industrial wastewater or indirect discharge introduced into the sewerage system or wastewater treatment facilities.
“Industrial wastewater” means all water-borne wastes and wastewater of the community excluding domestic wastewater and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural or other operation where wastewater discharged includes significant quantities of wastes of nonhuman origin.
“Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
A. Inhibits or disrupts the publicly owned treatment works (POTW), its treatment processes or operations, or its sludge processes, use or disposal; and
B. Therefore is a cause of a violation of any requirement of the POTW’s National Pollutant Discharge Elimination System (NPDES) permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act and the Maine Protection, Research and Sanctuaries Act.
“Mobile home park” means land or premises used or intended to be used, let or rented for occupancy by or of trailers or movable dwellings, rooms or sleeping quarters of any kind.
“Motel” means a group of two or more detached or semi-detached buildings containing guest rooms or apartments and automobile storage space serving such rooms or apartments provided in connection therewith, which group is designed and used primarily for the accommodation of transient passengers.
“Multiple-dwelling” means a building or portion thereof used and designed as a residence for three or more families living independently of each other, and doing their own cooking in said building, including apartment houses, apartment hotels and flats, but not including motels.
“New source” shall be defined as stated in 40 Code of Federal Regulations (CFR) 403.3(k) General Pretreatment Regulations for Existing and New Sources.
“NPDES permit” means a permit issued pursuant to Section 402 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.).
“Pass through” means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation).
“Person” means any individual, partnership, committee, association, corporation, public agency, United States of America and its agents, or any other organization or group of persons, public or private.
“Pollutant” means any constituent or characteristic of wastewater on which discharge limitations may be imposed either by the City or by the regulatory bodies empowered to regulate the City.
“Publicly owned treatment works or POTW” means City-owned wastewater treatment facilities.
“Regional Water Board” means the California Regional Water Quality Control Board, Central Valley Region, created and exercising its power pursuant to the Porter-Cologne Water Quality Control Act, California Water Code Section 13000 et seq.
“Residence” shall mean a dwelling that is, or is intended to be, in whole or in part, a place of dwelling, whether occupied or not, whether fully constructed or not, and includes, without limitation, homes, whether attached to another structure or not, apartments, condominiums, and mobile homes designed to be occupied by a single family.
“Residential self-regenerating water softener” and/or “appliance” means residential water softening or conditioning appliances that discharge brine into the sewer system. Residential self-regenerating water softeners are also more commonly known as “automatic” water softeners. Residential self-regenerating water softeners only include water softening or conditioning devices that renew their capability to remove hardness from water by the on-site application of a chloride solution to the active softening or conditioning material contained therein, followed by a subsequent rinsing of the active softening or conditioning material.
“Sanitary sewage” means domestic wastewater.
“Sewerage” means any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater.
“Sewerage system” means a network of wastewater collection, conveyance, treatment and disposal facilities interconnected by sewers, and owned by the City or a network of wastewater collection and conveyance facilities owned by others.
“Single-family dwelling” means a building containing only one kitchen designed for or used to house not more than one family, including all necessary employees of such family.
“Standard methods” means the current edition of “Standard Methods for the Examination of Water and Wastewater” as published by the American Public Health Association.
“Total suspended solids” means the insoluble solid matter suspended in wastewater that is separable by laboratory filtration in accordance with the procedure described in “Standard Methods.”
“Toxic material” means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under Section 307(a) of the Federal Water Pollution Control Act or other acts.
“Two-family dwelling or duplex” means a building containing not more than two kitchens designed and/or used to house not more than two families, living independently of each other, including all necessary employees of each such family.
“Wastewater” means the water-borne wastes of the community derived from human or industrial sources including domestic and industrial wastewaters.
“Wastewater treatment facilities” means the City facilities for wastewater treatment, sewer laterals and mainlines used for the collection of wastewater, and all other properties used for collection, treatment and disposal of wastewater. (Ord. 2019-7 § 1, 10-22-2019; Ord. 90-4, 6-26-1990)
11.06.030 Administration.
Except as otherwise provided herein, the City Manager shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the City Manager may be delegated by the Manager to persons in the employ of the City. (Ord. 90-4, 6-26-1990)
11.06.040 Use of City sewerage system.
A. Purpose. The purpose of this section is to establish rules and regulations concerning use of the City sewerage system by all dischargers.
B. Acceptability of Discharges. The City Manager shall determine the acceptability or unacceptability of any discharge into the system. Such a determination shall be made on the basis of sound engineering and operational evaluations, taking into account all factors pertinent to the effect of the discharge on any part of the system, treatment process or system effluent.
C. Prohibited Use of Sewers. Materials that are unacceptable for discharge to the City sewerage system include, but are not necessarily limited to, the following:
1. Materials or substances that would constitute a hazard to life and limb of personnel engaged in inspection, maintenance and operation of the sewerage system.
2. Materials or substances that are toxic as defined by this chapter.
3. Materials or substances in concentrations in excess of limits specified in the industrial discharge permit and set in accordance with this chapter.
4. Materials or substances that would cause the City to incur excessive expense in the handling and treatment thereof.
5. Materials or substances that would be incompatible with the treatment processes or inhibit the performance of the treatment processes at the City treatment facility.
6. Discharges of such volume or containing materials or substances in such amounts as to cause pass through or interference as defined in NCC 11.06.020.
7. Discharges that, alone or in combination with a discharge or discharges from other sources, would cause violation of any requirement of the City’s NPDES permit.
8. Discharges that contain medical or infectious wastes.
9. Any wastewater having a temperature higher than 104 degrees Fahrenheit (40 degrees Celsius), except, however, a discharger may apply for spike discharges having a temperature of up to 140 degrees Fahrenheit, upon demonstration that such discharges will not be harmful to the sewer system.
10. Any wastewater containing more than 100 parts per million by weight of fats, oil and grease, except, however, a discharger may apply for discharges containing up to 200 parts per million by weight of food fats and food oils upon demonstration that such discharges will not be harmful to the sewer system.
11. Any wastewater containing any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquids, solids or gases; and in no case pollutants with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius), or pollutants which cause an exceedance of 10 percent of the lower explosive limit (LEL) at any point within the POTW.
12. Any discharge containing any garbage that has not been ground by household type or other suitable garbage grinders, or any solids which will not pass through a screen with openings of one-twentieth of an inch square.
13. Any discharge containing any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch, manure or any other solids or viscous substances capable of causing obstructions or other interferences with proper operation of the sewerage system.
14. Any discharge having a pH lower than four and five-tenths or higher than 10 or having any other corrosive property capable of causing damage or hazards to structures, equipment or personnel of the sewer system.
15. Any discharge containing toxic or poisonous substances in sufficient quantity to injure or interfere with any wastewater treatment process, to constitute hazards to humans or animals, or to create any hazard in waters which receive treated effluent from the wastewater facilities.
16. Any discharge containing noxious or malodorous gases or substances capable of creating a public nuisance; including pollutants which result in the presence of toxic gases, vapors or fumes.
17. Any discharge containing solids of such character and quantity that special and unusual attention is required for their handling.
18. Any wastewater containing color which is not removed in the treatment processes.
19. Any discharges containing any radioactive wastes or isotopes.
20. Any wastewater containing substances in excess of the quantities listed in Table I entitled “Constituent Limits,” set out at the end of this section, or other materials, including but not limited to ammonia, biochemical oxygen demand, total suspended solids, oil or grease or animal or vegetable origin, total dissolved solids and phenolic compounds in quantities that may cause or are found to cause problems or interference in the wastewater treatment facilities.
21. Any water discharged for the purpose of diluting industrial wastewater as a partial or complete substitute for adequate treatment to achieve compliance with the constituent limits listed in Table I or pretreatment standards imposed by the City or by State or Federal regulatory bodies.
22. Any discharge containing an electrical conductivity greater than 4,000 microhms/CM, except, however, a discharger may apply for discharges having an electrical conductivity greater than 4,000 microhms/CM upon demonstrating that such discharges will not be harmful to the sewer system.
23. Any discharger may apply for modified discharge standard upon demonstrating that such discharges will not be harmful to the sewer system.
D. Accidental Release of Unacceptable Substances.
1. There shall be no connection to the system from any vessel, tank, container or receptacle of any kind used to receive, hold, store or in any other way handle any toxic or deleterious materials or substances, the discharge of which is prohibited by these regulations. Persons who, in the course of their business or otherwise, transport, store, receive, ship or in any other way handle or process any such materials or substances shall take precautions to prevent accidental spillage of such substances to any connection of the system by way of floor drains, basins, catch basins, down spouts, gutters, manholes or any other connection.
2. In the event of any accidental release to the system of any unacceptable discharge as determined in accordance with this chapter, the discharger shall notify the City Manager immediately, and in no case later than one hour following such a discharge. Costs resulting from such a discharge shall be charged to the discharger.
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TABLE I CONSTITUENT LIMITS |
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|---|---|---|---|
|
Parameter (units) |
Sample Location |
Measurement Frequency |
Sample Type3 |
|
Flow (gpd) |
See note1 |
Continuous |
Meter2 |
|
BOD (mg/L) |
See note1 |
1/Week |
24-h Composite |
|
Electrical conductivity (micro-ohm/cm) |
See note1 |
1/Week |
24-h Composite |
|
pH (S.U.) |
See note1 |
1/Week |
Grab |
|
Oil and Grease |
See note1 |
1/Month |
24-h Composite |
|
TSS (mg/L) |
See note1 |
1/Month |
24-h Composite |
|
Arsenic (mg/L) |
See note1 |
1/Year |
24-h Composite |
|
Cadmium (mg/L) |
See note1 |
1 Year |
24-h Composite |
|
Calcium (mg/L) |
See note1 |
1 Year |
24-h Composite |
|
Copper (mg/L) |
See note1 |
1 Year |
24-h Composite |
|
Cyanide (mg/L) |
See note1 |
1 Year |
24-h Composite |
|
Lead (mg/L) |
See note1 |
1 Year |
24-h Composite |
|
Magnesium |
See note1 |
1 Year |
24-h Composite |
|
Mercury (mg/L) |
See note1 |
1 Year |
24-h Composite |
|
Nickel (mg/L) |
See note1 |
1 Year |
24-h Composite |
|
Selenium (mg/L) |
See note1 |
1 Year |
24-h Composite |
|
Silver (mg/L) |
See note1 |
1 Year |
24-h Composite |
|
Sodium (mg/L) |
See note1 |
1 Year |
24-h Composite |
|
Organic priority pollutants (EPA 624 and 625) |
See note1 |
1 Time4 |
24-h Composite |
1 The permit writer needs to include a diagram or narrative description of sample location(s).
2 Daily flows are to be recorded from the permittee’s flow meter.
3 Definitions of sample types can be found in Part 6 Section A.10 of this permit.
4 Screening for organic priority pollutants using EPA methods 624 and 625 is to be included in the initial Discharge Report. Regular monitoring for specific organic compounds may be required depending on the results of the initial screening.
(Ord. 90-4, 6-26-1990)
11.06.050 Connection to City sewerage system.
A. Purpose. The purpose of this section is to describe the requirements for connection to the City sewerage system and extension of the system to areas outside the City.
B. Connection to City Sewerage System Required.
1. Every building or structure in the City in which plumbing fixtures are installed shall be connected to the City sewer system where a public sewer is available. This requirement shall apply to any building or structure existing at the time of the effective date of the ordinance codified in this chapter, as well as any building or structure thereafter constructed.
2. A public sewer is available for the purposes of this section when such public sewer or any building or any exterior drainage facility connected thereto is located within 200 feet from any proposed building or exterior drainage facility on any lot or premises which abut and can be served by such public sewer.
3. Every building or structure connected to a septic tank at the time a public sewer becomes “available,” as defined above, shall be connected to the public sewer within five years from the effective date of the ordinance codified in this chapter. Every building or structure hereafter erected at a time when a public sewer is not available shall be connected to the public sewer within five years after the public sewer becomes available.
4. Buildings or structures connected to septic tanks in territory not located within the City limits at the effective date of the ordinance codified in this chapter, but which territory is subsequently annexed to the City, shall be connected to the public sewer within five years from the effective date of the annexation, or within five years after the public sewer becomes available, whichever occurs later.
5. Buildings or structures connected to septic tanks which experience failure as determined by the City Manager within the five-year grace periods stated in subsections (B)(3) and (4) of this Section shall be connected to the public sewer immediately.
C. Areas Outside City Limits. The City will be required to furnish sewer service outside the City limits only insofar as the City Council decides it is practicable to do so, and only insofar as said service will not overtax the capacity of the City sewerage system. In such cases, the City will furnish such service only upon the payment of such fees provided in this chapter and further provided, that the applicant for said services shall be required to pay for the extension of the public sewer to and across the street frontage of the property served to the sewer connection of the applicant.
D. Extension of Public Sewers Outside City.
1. Any applicant for City sewer service outside the City limits shall, at his own expense, install a sewer main of not less than eight inches inside diameter from the nearest existing public sewer at a point extending across the front of said applicant’s property; provided, however, that for good cause shown, the City Council may, in writing, allow said main to be smaller than eight inches inside diameter. All sewer extensions shall be installed to City standards.
2. The total cost of an eight-inch line shall be paid by the applicant; provided, that the pro rata cost to intervening properties under other ownerships shall be returned to the applicant at the time said intervening property owners request permission to hook up to the sewer, and also providing such requests are within 10 years from the date of the original applicant’s request.
3. Whenever an applicant requests sewer service from the City, and should it be deemed necessary by the City Manager because of potential development of the applicant’s property, intervening property or property more distant from the City, to require a sewer larger than eight inches, the same may be required by the City, and the excess costs of the larger sewer over the costs of an eight-inch sewer shall be paid by the City.
4. The City shall make all public sewer extensions and sewer services after the effective date of the ordinance codified in this chapter, except in the case of subdivisions for which a tentative map is filed. In all such subdivisions, the subdivider shall extend the public sewer and make the house sewer services from the public sewer at his own expense, subject to provisions of NCC 11.06.060(G). (Ord. 90-4, 6-26-1990)
11.06.060 Rules and regulations.
A. Purpose. The purpose of this section is to define miscellaneous rules and regulations for the use of the City sewerage system.
B. Compliance. No person shall discharge or allow the discharge of or dump sanitary sewage or other waste materials into the sewerage system of the City except in compliance with the terms of and upon payment of the fees provided in this chapter.
C. Nongravity Flow Into Sewers. In the event that sewage cannot be handled by natural gravity flow, the person herein known as the “applicant” making a request for sewer service, shall be required to pay for and have installed such mechanical devices, approved by the City Council, as are necessary to elevate the flow of sewage to a point at which it will flow into the City sewerage system. It shall be a condition of furnishing the sewer services that the applicant shall dedicate all right, title and interest to said mechanical devices to the City and the City will maintain, care for and operate said mechanical devices after installation and acceptance by the City.
D. Connection of Property Outside City Limits. No person shall connect property outside the corporate limits of the City to the City’s sewerage system without first obtaining the consent of the City Council and paying the fees and charges imposed by the City. Any such person shall, by agreement, be made subject to this chapter and any permits or orders issued thereunder, including enforcement provisions. In considering applications for furnishing sewer services to property located outside the corporate limits of the City, the City Council may impose such reasonable conditions to the granting of such privilege as it deems to be in the best interests of the City, taking into consideration the fact that the sewerage system is designed primarily to serve property within the corporate limits of the City.
E. House Sewer Connections. All persons shall keep their house sewer connections in good order at their own expense and shall be liable for damages which may result from their failure to do so.
F. Discharge to Storm Drain System. It shall be unlawful for any person to discharge or allow the discharge of sanitary sewage into the storm drain system or into any pipeline, either private or public, which leads into the storm drain system. In the event, that sanitary sewage connections exist, or in the future are discovered to exist, which discharge into the storm drain system, they shall immediately be disconnected and the cost thereof shall be paid for by the owner and/or user of such connection.
G. Supervision of Connections. All sewer service connections and all work contemplated by this chapter and materials used shall be done in accordance with the plans and specifications of the ordinances and regulations of the City, and subject to the inspection and approval of the City Engineer of the City.
H. Discharge of Septage. Septic tank cleaning and service firms shall not discharge any septage into the sewerage system of the City without first obtaining a permit therefor from the Director of Public Works and upon payment of the fee provided.
I. No User Shall Supply Services. No sewer user using sewer services supplied by the City shall supply any other person with said sewer service, or allow any other person the use of such sewer service from said sewer user’s sewer connection, or permit a further connection to be made to said sewer user’s connection of his or any other premises.
J. Service to Public Entities. Notwithstanding any other provisions of this chapter, the City Council shall have the power to establish, by agreement or ordinance, the rate or rates to be charged for furnishing sewer services to governmental agencies, political subdivisions, public corporations, City, County, public districts, the State or the United States of America, or any department or agency of any thereof, at rates different from those herein set forth and on a basis that is fair and equitable to all the parties concerned.
K. Discharge of Drainage Water. No person shall discharge or cause to be discharged, any rain water, storm water, ground water, street drainage, subsurface drainage, yard drainage, including evaporative-type air cooler discharge water, into any sewerage facility which is directly or indirectly connected to the sanitary sewerage facilities of the City.
L. Brine Discharging Water Softening Appliance(s) Prohibited. Effective January 1, 2020, no person shall install or in any manner assist in the installation of an on-site residential self-regenerating water softener that discharges into the City sewer system. Effective January 1, 2023, no person shall replace or otherwise modify any residential self-regenerating water softener with another residential self-regenerating water softener that discharges into the City sewer system.
M. The provisions of subsection (L) of this section shall not apply to water softeners that use exchange tanks that are regenerated off site at a lawfully regulated location. Further, subsection (L) of this section shall not apply to filtration, activated carbon, reverse osmosis treatment, or non-salt-water conditioning units. (Ord. 2019-7 § 2, 10-22-2019; Ord. 90-4, 6-26-1990)
11.06.070 Industrial wastewater discharges.
A. Industrial Discharge Permits.
1. Permits Mandatory. No person may discharge any industrial wastewater to City sewerage facilities without an industrial discharge permit. The permit shall be in one of two classifications depending on the quantity and quality of wastewater to be discharged. The two permit classifications are:
a. Class I Permit – required for all Class I dischargers as defined in NCC 11.06.020.
b. Class II Permit – required for all Class II dischargers as defined in NCC 11.06.020.
2. Permit Application.
a. Dischargers seeking an industrial discharge permit shall complete the appropriate application form available at the office of the City Manager. The completed application form, supplementary information and an application fee must be submitted to the office of the City Manager at least 90 days prior to the intended date for initiating new discharge or the expiration date of existing permits. No application shall be considered complete without the applicable application fee. The application may require the following information:
i. Name, address and standard industrial classification (SIC) number of applicant and plant;
ii. Maximum average daily flow based on 30-day (monthly) average;
iii. Average and 30-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;
iv. Time and duration of wastewater discharge;
v. Daily maximum and average concentration and mass discharge of wastewater constituents including monthly and seasonal variations, if any;
vi. Site plans, floor plans, mechanical and plumbing plans and details to show sampling locations and all sewers and sewer appurtenances by size, location and elevation;
vii. Description of activities, facilities and plan process on the premises including all materials, process and types of materials which are or could be discharged;
viii. Each product produced by type, amount and rate of production;
ix. Number and type of employees, and hours of work;
x. Any other information as may be deemed by the City Manager to be necessary to evaluate the data furnished by the discharger;
xi. New Class I dischargers shall submit, as part of their application, a baseline report in accordance with 40 CFR Part 403.12 and amendments thereto.
b. The City Manager will evaluate the data furnished by the discharger and may require additional information. After evaluation and approval of the data furnished, the City Manager will determine:
i. For Class I dischargers:
(A) The allowable daily maximum and 30-day (monthly) average daily flow in gallons per day.
(B) The allowable daily maximum and 30-day (monthly) average daily mass discharge of BOD and total suspended solids in pounds per day.
(C) The allowable maximum concentration or mass discharge limits for other wastewater constituents as set forth in this chapter or applicable State or Federal regulations.
ii. For Class II dischargers:
(A) The maximum daily flow in gallons per day.
(B) The allowable maximum limit for wastewater constituents as set forth in this chapter.
The City Manager may issue a wastewater discharge permit subject to terms and conditions as provided herein.
3. Terms and Conditions. All industrial discharge permits shall be expressly subject to all provisions of this chapter and all rates and charges established by the City. All permits shall be valid for three years and must be renewed prior to the expiration date in accordance with subsection (A)(2) of this section.
a. Class I industrial discharge permits shall contain the following terms:
i. The allowable daily maximum and 30-day (monthly) average daily flow in gallons per day.
ii. The allowable daily maximum and 30-day (monthly) average daily mass discharge of BOD and total suspended solids in pound per day.
iii. The allowable maximum concentration or mass discharge limit for other wastewater constituents as set forth in this chapter or applicable State or Federal regulations.
b. Class II permits shall contain the following terms:
i. The allowable daily maximum flow.
ii. The allowable maximum limit for wastewater constituents as set forth in this chapter.
c. Industrial discharge permits may contain any or all of the following conditions:
i. Limits on rate and time of discharge or requirements for flow regulation and equalization.
ii. Requirements for inspection and sampling facilities, including City access to such facilities.
iii. Monitoring program which may include: sampling locations; frequency and method of sampling; number, types and standard of tests; and establishing a reporting schedule.
iv. Submission of technical reports or discharge reports.
v. Maintenance of monitoring data and plant records relating to wastewater discharges, as specified by the City Manager, and affording City access thereto.
vi. Requirements for pretreatment of wastewater prior to discharge, including a compliance schedule for installation and successful operation of facilities.
vii. Other conditions as deemed appropriate by the City Manager to insure compliance with this chapter or the terms and conditions of the permit.
4. Change of Permit Terms and Conditions. The City may change the terms and conditions of a wastewater discharge permit, including changing the allowable limits on wastewater constituent concentration, from time to time, as circumstances may require. The City shall allow a discharger reasonable time to comply with any City required changes in the permit.
5. Permit Transfer. Permits are issued to a specific user for a specific operation or discharge at a specific location. However, a permit may be reassigned or transferred to a new owner and/or operator with prior approval of the City Manager.
a. Permittees wishing to transfer their permits must give at least 30 days’ advance notice to the City Manager.
b. The notice must include a copy of a written agreement between the transferrer and the transferee which contains:
i. A specific date on which the transfer is to occur.
ii. The responsibilities and liabilities of each party subsequent to the transfer.
c. The City Manager, within 20 working days of receiving the permit transfer request, will respond to the parties in writing. In the event the City Manager denies the request, the new owner/operator must submit a permit application in accordance with this chapter and may not discharge into the sewerage system until it has received a final permit.
6. Suspension of Permit. The City Manager may suspend a permit for a period not to exceed 45 days when such suspension is necessary to stop discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment or the City’s sewerage system. Any discharger notified of a suspension of his permit shall immediately cease and desist the discharge. If the discharger fails to comply voluntarily with the suspension order, the City Manager shall take such steps as are reasonably necessary to insure compliance with NCC 11.06.090.
7. Revocation of Permit.
a. The Council may revoke a permit upon a finding that a discharger has:
i. Violated any provision of this chapter or any terms and conditions of the permit.
ii. Failed to factually report the wastewater constituents and characteristics of his discharge.
iii. Failed to report significant changes in operations or wastewater constituents and characteristics.
iv. Refused reasonable access to the discharger’s premises for the purpose of inspection or monitoring.
v. Failed to pay fees and charges for use established pursuant to this regulation.
vi. Failed to comply with monitoring and reporting requirements.
b. No revocation shall be ordered until a hearing has been held by the Council. At the hearing, the discharger may appear personally or through counsel, cross-examine witnesses and present evidence on his own behalf. Notice of the hearing, and a description of the issues to be considered, shall be given to the discharger at least 10 days prior to the date of the hearing.
c. Any discharger whose permit has been revoked shall immediately stop all discharges of liquid-carried wastes covered by the permit. The City Manager may disconnect or permanently block from the City sewers any discharger whose permit has been revoked if such action is necessary to insure compliance with the order of revocation.
B. Wastewater Source Control Requirements. In order to effectively administer and enforce the provisions of these regulations, the City Manager may require any discharger to comply with any or all of the following requirements:
1. Reports.
a. The City Manager may require reports, including but not limited to the following:
i. Baseline reports shall be submitted as part of the permit application by any new Class I sources. Baseline reports shall contain the information set forth in and be prepared in accordance with CFR 40 Part 403.12(b) and amendments thereto.
ii. Compliance progress reports and a 90-day compliance report shall be required for all Class I users required to construct and operate pretreatment facilities. All compliance reports shall be prepared in accordance with CFR 40 Parts 403.12(c) and (d) and amendments thereto.
iii. Periodic reports on continued compliance or discharge reports will be required for all industrial users. The required frequency of submission and content of discharge reports shall be determined by the City Manager and shall be made a condition of the discharge permit. The minimum frequency for submission of discharge reports for a Class I user shall be twice per year.
iv. Questionnaires.
v. Technical reports.
vi. Special monitoring reports.
vii. Treatability study reports.
b. When a report is filed by a person pursuant to this section is not adequate in the judgment of the City Manager, he may require such person to supply such additional information as the City Manager deems necessary.
c. If an industrial user, subject to the reporting requirements in this section, monitors any pollutant more frequently than required by the City, using the procedures prescribed in subsection (B)(2) of this section, the results of this monitoring shall be included in the report.
d. All reports submitted to the City Manager pursuant to this chapter or discharge permit issued by the City Manager shall be signed by an authorized representative of the industrial user and shall contain the following certification statement:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
2. Monitoring Programs.
a. Monitoring programs for the purpose of measuring flow rates, flow volumes, BOD, total suspended solids and such other wastewater characteristics as deemed appropriate may be required as a condition of the industrial discharge permit to demonstrate compliance with the provisions of this chapter or the permit. All analyses of industrial wastewater shall be performed by a State-certified laboratory approved by the City Manager. All sampling and analyses shall be performed according to appropriate procedures contained in 40 CFR Part 136 and amendments thereto.
b. Sampling and flow measurement equipment shall be approved by the City Manager and installed at the expense of the user. The sampling, analysis and flow measurement procedures, equipment and results shall be subject at any time to inspection by the City. Sampling and flow measurement facilities shall be such as to provide safe access to authorized City personnel.
c. Measurements to verify the quantities of waste flow and waste constituents reported by industrial users may be conducted on a random basis by personnel of the City. Costs of the measurement shall be borne by the discharger.
3. Record Keeping. Any industrial user shall maintain records of all information resulting from any monitoring activities required by this chapter or discharge permit. Such records shall include for all samples:
a. The date, exact place, method and time of sampling and the names of the person or persons taking the samples;
b. The dates analyses were performed;
c. Who performed the analyses;
d. The analytical techniques/methods used;
e. The results of such analyses;
f. A proper chain of custody form document when the samples are released and who has possession of the samples at all times; and
g. Any industrial user shall be required to retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required by this chapter or permit and shall make such records available for inspection and copying by the City or any regulatory body empowered to regulate the City. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or City when requested by Federal or State regulatory bodies empowered to regulate the City.
4. Access and Inspection Facilities. The City shall have, at all times, free access to the premises of any user of the City sewerage facilities, for the purpose of inspecting, sampling or testing the discharge for compliance with the provisions of this chapter or permit. When necessary, the City Manager may require the discharger to install a suitable inspection chamber to facilitate observation, sampling and measurement of the discharge. The chamber shall be installed at the user’s expense, and in accordance with plans approved by the City Manager.
5. Pretreatment Facilities.
a. Pretreatment systems or devices may be required by the City Manager to treat wastewater prior to discharge to the community sewer when it is necessary to restrict or prevent the discharge to the community sewer of wastewater having strength in violation of the prohibitions or exceeding the limits established by this chapter, or to distribute wastewater discharges over a period of time.
b. All pretreatment systems or devices shall be approved by the City Manager but such approval shall not relieve a discharger of the responsibility for taking all steps necessary to comply with wastewater limitations established by the City. The City Manager may impose a compliance schedule for the installation and successful operation of required pretreatment facilities which may be required as a permit condition. All required pretreatment equipment shall be installed and operated at the discharger’s expense. In addition, any extraordinary administrative or investigative expenses incurred by the City as the result of the installation and use of pretreatment facilities shall be charged to the discharger.
6. State and Federal Standards. State or Federal requirements and limitations on discharges shall apply in any case where they are more stringent than the requirements and limitations of this chapter. These shall include Federal Categorical Pretreatment Standards for a particular industrial subcategory as set forth in 40 CFR subchapter N or 40 CFR Parts 401-471.
C. Notification of Changed Discharge. All industrial users shall promptly notify the City Manager in advance of any substantial change in the volume or character of pollutants in their discharge. No person shall discharge industrial wastewater in violation of the terms and conditions set by the industrial discharge permit. Any user desiring to change the nature of the discharge or alter the pretreatment process after a permit has been issued shall obtain a new permit for the altered discharge before making the change.
D. Notice of Potential Problems. All industrial users shall notify the City Manager immediately of all discharges, including slug loadings, that could cause problems to the wastewater treatment facilities. (Ord. 90-4, 6-26-1990)
11.06.080 Service charges and fees.
A. Service Charges.
1. Purpose of Sewer Service Charges. For the purpose of providing funds for payment at or before maturity of the principal of and interest on all sewer revenue bonds heretofore and hereinafter issued by the City for the purpose of the acquisition, construction and completion of improvements to the sewage treatment and disposal system, and for the purpose of defraying the cost of maintenance and operation of the sewage treatment and disposal system, there are hereby levied and assessed upon all premises having or required hereby to have any sewer connections with or discharging, or required hereby to discharge, sewage into or through the sewer system, monthly sewer service charges for the services and facilities for the treatment and disposal of sewage furnished or available to such premises by the sewage treatment and disposal system, such charges to be payable as this chapter hereinafter sets forth.
2. Establishment of Rates.
a. Rates to be charged and collected and terms, provisions and conditions to be effective respecting such rates for sewer service supplied by the City shall be as fixed and established by the City Council, from time to time, and the service charge rate schedule shall become a part of this chapter as if fully set out at length herein. This provision is in addition to and not by way of derogation of any other remedies or procedures available to the City pursuant to any law or regulation or by any of the provisions of this chapter.
Monthly sewer service charges for residential users, commercial users, industrial users, schools and churches, both inside and outside the City, and all other users, shall be in accordance with the following rates:
|
Customer Category |
Base Charge |
2/8/2018 |
7/1/2018 |
7/1/2019 |
7/1/2020 |
7/1/2021 |
|---|---|---|---|---|---|---|
|
Residential |
|
|
|
|
|
|
|
1 Single-Family (SF) and Religious Places |
per unit per month |
$37.31 |
$39.43 |
$41.79 |
$44.31 |
$46.96 |
|
1 Multifamily (MF) |
per unit per month |
$33.58 |
$35.58 |
$37.71 |
$39.99 |
$42.38 |
|
1 SF + 1 MF |
per account per month |
$70.87 |
$75.01 |
$79.50 |
$84.30 |
$89.33 |
|
Commercial |
|
|
|
|
|
|
|
1 Commercial |
per account per month |
$51.35 |
$54.35 |
$57.60 |
$61.08 |
$64.74 |
|
1 Commercial + 1 SF |
per account per month |
$88.65 |
$93.78 |
$99.39 |
$105.39 |
$111.70 |
|
1 Commercial + 1 MF |
per account per month |
$84.92 |
$89.93 |
$95.31 |
$101.06 |
$107.12 |
|
1 Commercial + 2 MF |
per account per month |
$118.50 |
$125.51 |
$133.02 |
$141.05 |
$149.49 |
|
2 Commercial |
per account per month |
$102.69 |
$108.69 |
$115.20 |
$122.15 |
$129.48 |
|
2 Commercial + 1 SF |
per account per month |
$140.00 |
$148.12 |
$156.98 |
$166.46 |
$176.44 |
|
2 Commercial + 3 MF |
per account per month |
$203.42 |
$215.44 |
$228.33 |
$242.12 |
$256.61 |
|
3 Commercial |
per account per month |
$154.04 |
$163.04 |
$172.80 |
$183.23 |
$194.23 |
|
4 Commercial |
per account per month |
$205.38 |
$217.39 |
$230.39 |
$244.30 |
$258.97 |
|
Commercial Flow Charge per hcf (1) |
|
$3.84 |
$4.06 |
$4.30 |
$4.56 |
$4.84 |
|
Restaurant/Grocery |
|
|
|
|
|
|
|
Restaurant |
per account per month |
$81.67 |
$86.71 |
$91.91 |
$97.45 |
$103.37 |
|
Grocery Market (Nob Hill) |
per account per month |
$975.79 |
$1,036.07 |
$1,098.14 |
$1,164.33 |
$1,235.07 |
|
1 Commercial + 1 Restaurant |
per account per month |
$133.01 |
$141.06 |
$149.51 |
$158.52 |
$168.11 |
|
Restaurant/Grocery Flow Charge per hcf (1) |
|
$3.13 |
$3.32 |
$3.52 |
$3.73 |
$3.96 |
|
Schools |
|
|
|
|
|
|
|
Schools |
per student per month |
$1.66 |
$1.76 |
$1.86 |
$1.97 |
$2.09 |
|
Industrial (2) |
|
|
|
|
|
|
|
Hi-West Foods |
per account per month |
$43.98 |
$46.70 |
$49.50 |
$52.49 |
$55.68 |
|
Di-Mare |
per account per month |
$497.43 |
$528.29 |
$559.94 |
$593.69 |
$629.80 |
|
Foster Farms |
per account per month |
$1,815.25 |
$1,918.76 |
$2,033.52 |
$2,156.34 |
$2,285.11 |
|
Industrial Flow Charge per hcf (1) |
|
$2.34 |
$2.48 |
$2.62 |
$2.78 |
$2.95 |
|
Saputo Cheese |
|
|
|
|
|
|
|
Capacity Charge Flow |
base for 300,000 gals./day |
$33,768.41 |
$35,787.51 |
$37,929.86 |
$40,218.02 |
$42,644.26 |
|
Per Gallon per Day (avg.) |
|
$0.09389 |
$0.09951 |
$0.10546 |
$0.11183 |
$0.11857 |
|
Capacity Charge BOD |
base for 4,010 lbs./day |
$14,460.19 |
$15,521.01 |
$16,454.04 |
$17,440.91 |
$18,544.33 |
|
Per Pound per Day (avg.) |
|
$3.01 |
$3.23 |
$3.42 |
$3.63 |
$3.86 |
(1) Current flow charge per hcf cannot be compared to projected flow charges because in the projected flow charges there is no base allowance of water. Multiply metered water consumption factor by the return flow factor before applying the flow charge per hcf.
(2) Excludes Saputo Cheese. Di-Mare has two accounts.
b. Service charges for residential dischargers shall be based on a fixed monthly rate calculated to recover the discharger’s share of all capital and operating and maintenance costs.
c. Service charges for industrial users shall be based on a combination of fixed rates calculated to recover the user’s share of fixed capital and operation and maintenance costs, including but not limited to the costs for capital reserve fund, debt service, labor, maintenance, vehicles and equipment replacement and a variable rate calculated monthly to recover the user’s share of variable operating cost, including but not limited to the costs for power and chemicals.
3. Industrial User Surcharge.
a. If a Class I industrial user exceeds the limits prescribed in the industrial discharge permit for average daily flow or mass discharge of BOD or total suspended solids, or other specified constituent, the user will be assessed a surcharge fee. The surcharge fees are based on the variable portion of the monthly service charge as set forth in the service charge rate schedule adopted herein by reference.
b. A surcharge of 300 percent of the variable monthly charge for the amount in excess of the discharge limits will be assessed. Separate surcharges will be assessed for each violated parameter (flow, BOD, suspended solids or other specified constituent) and for each occurrence of violation. Surcharge fees are additive to the normal monthly charges which are calculated based on the service charge rate schedule. Surcharges are in addition to any civil or criminal penalties, which may be imposed as a result of noncompliance.
c. Payment of the surcharge does not relieve the user from its obligation to comply with all provisions of this chapter and the industrial discharge permit. Exceeding the limits prescribed in the permit constitutes a violation of the permit and the City shall seek remedies for noncompliance in accordance with the procedures and policies set forth in NCC 11.06.090. Refusal to pay the assessed surcharge shall constitute a separate violation of this chapter subject to the enforcement procedures set forth in NCC 11.06.090.
4. Billing and Payments.
a. The regular billing for sewer service charges shall be monthly. If the bill is not paid within 15 days from the due date, the same shall be considered delinquent.
b. As an alternative to any of the other procedures herein provided, the City may bring an action against the person or persons who occupied the premises, or who requested the connection to the sewer system, or if no such request was made, then to the owner of record of such premises, when the service was rendered for the collection of the amount of delinquent rate and all penalties and costs of collection including a reasonable attorney’s fee.
c. Upon delinquency, the City may, upon 10 days’ notice, order the user to disconnect his premises from the City’s facilities.
d. Premises to which charges have become delinquent may be disconnected by the City if the user fails to comply with the order to disconnect. The City Manager shall estimate the cost of disconnection of such premises and the cost of reconnection and such user shall deposit the cost as estimated, before such premises are reconnected to the sewer system.
e. During the period of nonconnection or disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the City Council shall cause proceedings to be brought for the abatement of the occupancy of said premises by human beings. In such event, a reasonable attorney’s fee shall become due as a penalty for nonpayment.
f. Following the preparing and filing of a written report, where required, the giving of notice of such report or of such schedule of fees and charges and the hearing thereon, the amounts of such fees, charges and interest shall constitute a lien against the lot or parcel of land against which levied or imposed.
B. Connection Fees.
1. Purpose of Connection Fees.
a. All new residential dischargers to the sewerage system shall be assessed a connection fee for the purpose of recovering the portion of capital and fixed operation and maintenance costs allocated to future residential dischargers.
b. New industrial users or existing industrial users who have been permitted an increase in their allowable limits for flow, BOD or total suspended solids shall be assessed a connection fee to recover the user’s share of capital cost of the wastewater treatment facilities.
2. Establishment of Connection Fees.
a. Connection fees to be assessed new residential dischargers shall be fixed and established by the City Council from time to time and the connection fee schedule shall be adopted herein by reference.
b. Connection fees for commercial and industrial users and method of payment shall be negotiated. The fee shall be in proportion to use and shall be based on the allowable average daily flow and daily mass discharge of BOD and total suspended or other constituent as deemed appropriate by the City Manager.
C. Change of Service Charges and Fees. The City Council reserves the right to change the schedule of sewer service charges and other charges and fees, from time to time, as necessary to the proper operation, maintenance, repair, replacement and expansion of the City’s wastewater treatment facilities.
D. Other Industrial User Fees. For the purpose of defraying the costs of the industrial user pretreatment program, the following additional fees shall be assessed of industrial users:
1. Fees for monitoring, inspection and surveillance of the industrial discharge shall be negotiated at the time the industrial discharge permit is issued, based on the quantity and characteristics of the discharge.
2. Industrial discharge permit application fees shall be established by the City Manager. The City Manager may, from time to time, revise the fee as future processing costs increase. (Ord. 2018-1 § 1, 1-9-2018; Ord. 2008-3 § 1, 3-25-2008; Ord. 90-4, 6-26-1990)
11.06.090 Enforcement and penalties.
The City Manager shall enforce the provisions of this chapter, including requirements established or permits issued hereunder, as provided herein.
A. Enforcement Procedures.
1. Notice of Violation. Whenever the City Manager finds that any person has violated, is violating, or is threatening to violate this chapter, or any prohibition, limitation or requirement contained herein or the provisions of an industrial discharge permit, the City Manager shall serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed 10 consecutive normal working days, for the satisfactory correction thereof.
2. Compliance Order. When noncompliance cannot be resolved without construction, repair or process changes, the City Manager may issue a compliance order directing the discharger to achieve or restore compliance in accordance with a time schedule set by the City Manager which specifies actions the discharger shall take and milestones which he shall meet to correct the violation. The discharger shall be required to submit compliance progress reports to the City Manager. Any failure to comply with an approved time schedule shall likewise be deemed a violation of this chapter.
3. Cease and Desist Orders. If the violation is not corrected by timely compliance with the notice of violation, the City Manager may issue an order to cease and desist and direct that those persons not complying with such prohibitions, limits, requirements or provisions:
a. Comply forthwith;
b. Comply in accordance with a time schedule set by the City Manager; or
c. In the event of a threatened violation, take appropriate remedial or preventative action.
4. Show Cause Order. If the violation is not corrected by timely compliance with the orders issued pursuant to subsections (A)(2) and (3) of this section, the City Manager may issue a show cause order requiring those persons in noncompliance to show cause before the City Council why service should not be terminated. A notice shall be served on the offending party, specifying the time and place of a hearing to be held by the City Council regarding the violation, and directing the offending party to show cause before the Council why an order should not be made directing the termination of service or other disciplinary action. The notice of the hearing shall be served personally or by certified mail at least 10 days prior to the date of the hearing.
5. Appeals.
a. Any industrial discharger whose discharge has been determined by the City to be unacceptable in accordance with this chapter or who disagrees with any other determination of the City hereunder may apply to the City Council for a review in accordance with this chapter. Within 15 days of the notice of determination or order issued under this chapter, the discharger may file with the City Council an appeal of the determination or order and request a public hearing.
b. Within 30 days of the request for a public hearing, the City Council shall give notice to the discharger of the time and place for the hearing, at least 10 days before the date set for the hearing. At the hearing, the discharger may appear personally or through counsel, cross-examine witnesses, and present evidence in his own behalf. The City Council shall confirm or revoke the determination or order, following presentation of all evidence.
B. Criminal Penalties. Any person who intentionally or negligently discharges wastewater in any manner, in violation of this chapter or industrial discharge permit or order issued hereunder by the City Manager, is guilty of a misdemeanor. Any violation of this chapter may be alternatively charged as an administrative citation.
C. Civil Enforcement Remedies and Penalties. The City may pursue any of the alternative civil remedies herein against any discharger who violates the provisions of this chapter or any permits or orders issued thereunder.
1. Damage to Facilities. When the discharge of wastewater causes an obstruction, damage or other impairment to City wastewater treatment facilities, the City Manager may assess a charge against the discharger for the work required to clean or repair the facility, and add such charge to the discharger’s sewage disposal charge.
2. One Thousand Dollar Per Day Fine. Any person who violates any provisions of this chapter or any permit or order issued thereunder may be liable civilly in a sum not to exceed $1,000 for each day in which such violation occurs. Such penalties shall be imposed on a strict liability basis without regard to intent or negligence on the part of the discharger.
The City Attorney, upon request of the City Council, shall petition the Superior Court to impose, assess and recover such sums.
3. Injunction. Whenever a discharge of wastewater is in violation of the provisions of this chapter or permits issued thereunder, the City may petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining the continuance of such discharge.
4. Termination of Service. The City may terminate or cause to be terminated sewage disposal or waste service to any premises if a violation of any provision of this chapter pertaining to control or discharge of wastewater is found to exist. This provision is in addition to other statutes, rules or regulations authorizing termination of service for delinquency in payment, or for any other reason.
D. Public Notification. A list of all industrial users who were subject to enforcement proceedings during the 12 previous months shall be published annually by the City in the largest daily newspaper published within its service area or the local newspaper designated by the City to publish the City’s legal notices. (Ord. 2012-3 § 1, 11-13-2012; Ord. 90-4, 6-26-1990)