Chapter 13.24
WASTEWATER DISCHARGE

Sections:

13.24.010    Purpose and policy.

13.24.020    Definitions.

13.24.030    Regulations.

13.24.040    Wastewater volume determination.

13.24.050    Administration.

13.24.060    Wastewater user charges and fees.

13.24.070    Enforcement.

13.24.080    Abatement.

13.24.090    Findings.

13.24.100    Greasetraps.

13.24.010 Purpose and policy.

This wastewater discharge chapter sets uniform requirements for discharges into the wastewater collection and treatment system and enables the agency to comply with the administrative provisions of the Clean Water Grant Regulations, the water quality requirements set by the regional water quality control board and the applicable effluent limitations, national standards of performance, toxic and pretreatment effluent standards, and any other discharge criteria which are required or authorized by state or federal law, and to derive the maximum public benefit by regulating the quality and quantity of waste-water discharged into those systems. The provisions set out in Sections 13.24.010 through 13.24.080 of this chapter provides for the setting of user charges and fees for the equitable distribution of cost to all users, and the issuance of permits to certain users. Revenues derived from the application of Sections 13.24.010 through 13.24.080 of this chapter shall be used to defray the agency’s cost of operating and maintaining an adequate wastewater collection and treatment system and to provide sufficient funds for capital outlay, bond service costs, capital improvements, and depreciation. (Prior code § 12.9.01)

13.24.020 Definitions.

Unless otherwise defined herein, terms shall be as adopted in the latest edition of “Standard Methods for the Examination of Water and Wastewater”, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation. Waste constituents and characteristics shall be measured by Standard Methods and unless expressly stated, or as established by federal or state regulatory agencies.

“Agency” means the city of St. Helena.

“Beneficial uses” means uses of the waters of the state that may be protected against quality degradation include, but are not necessarily limited to, domestic, municipal agricultural and industrial supply, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible as specified by federal or state law.

“Building sewer” means a sewer conveying wastewater from the premises of a user to a community sewer.

“Community sewer” means a sewer owned and operated by the agency or other public agency tributary to a treatment facility operated by the agency.

“Compatible pollutant” means biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the Agency’s National Pollutant Discharge Elimination System (NPDES) permit if the publicly owned treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree.

“Contamination” means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” shall include any equivalent effect resulting from the disposal of waste water, whether or not waters of the state are affected.

“Critical users” means a user who is required to obtain a permit, as defined in Section 13.24.050(B).

“Federal Act” means the Federal Water Pollution Control Act, PL 92-500, and any amendments thereto; as well as any guidelines, limitations, and standards promulgated by the Environmental Protection Agency pursuant to the Act.

“Holding tank waste” means any waste from holding tanks such campers, trailers, septic tanks, and vacuum pump tank trucks.

“Incompatible pollutant” means any pollutant which is not a compatible pollutant as defined in this section. The pre-treatment standard for incompatible pollutants introduced into a publicly owned treatment works by a major contributing industry not subject to Section 307(c) of the Federal Act shall be for sources within the corresponding industrial or commercial category, that established by a promulgated effluent limitations guideline defining best practicable control technology currently available pursuant to Sections 301(b) and 304(b) of the Federal Act; provided, that if the publicly owned treatment works which receives the pollutants is committed in its NPDES permit, to remove a specified percentage of any incompatible pollutant, the pretreatment standard applicable to users of such treatment works shall be correspondingly reduced for that pollutant; and provided further that even when the effluent limitations guideline for each industry category is promulgated, a separate provision will be proposed concerning the application of such guideline to pretreatment.

“Manager” means the city engineer or designated representative.

“Mass emission rate” means the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the “mass emission rate” means pounds per day of a particular constituent or combination of constituents.

“Person” means any individual, partnership, firm, association, corporation, or public agency including the state of California and the United States of America, or any political subdivision thereof.

“Pollution” means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects such waters for beneficial use or facilities which serve such beneficial uses. Pollution may include contamination.

“Premises” means a parcel of real estate including any improvements thereon which is determined by the agency to be a single user for purposes of receiving, using, and paying for service.

“Unpolluted water” means water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the agency having jurisdiction thereof for disposal to storm or natural drainages or directly to surface waters.

“User” means any person that discharges, causes or permits the discharge of wastewater into a community sewer.

“User classification” means a classification of user based on the 1972 edition of the Standard Industrial Classification (SIC) Manual prepared by the Executive Office of Management and Budget.

“Waste” means 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.

“Wastewater” means waste and water, whether treated or untreated, discharged into or permitted to enter a community sewer.

“Wastewater constituents and characteristics” means the individual chemical, physical, bacteriological and radiological parameters, including volume and flowrate and such other parameters that serve to define, classify or measure the contents quality, quantity and strength of wastewater.

“Waters of the state” means any water, surface or underground, including saline waters within the boundaries of the state. (Prior code § 12.9.02)

13.24.030 Regulations.

A.    Prohibitions on Discharges. No person shall discharge to a community sewer wastes which cause, threaten to cause, or are capable of causing either alone or by interaction with other substances:

1.    A fire or explosion;

2.    Obstruction of flow in a sewer system or injury of the system or damage to the wastewater collection treatment or disposal facilities;

3.    Danger to life or safety of personnel;

4.    A nuisance or prevention of the effective maintenance or operation of the sewer system, or a strong unpleasant odor;

5.    Air pollution by the release of toxic or malodorous gas-producing substances;

6.    Interference with the wastewater treatment process;

7.    The agency’s effluent or any other product of the treatment process, residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process;

8.    A detrimental environmental impact or a nuisance in the waters of the state or a condition unacceptable to the agency or any public agency having regulatory jurisdiction over the agency;

9.    Discoloration or any other condition in the quality of the conditions at or near the agency’s treatment works which violate any statute or any rule, regulation, or ordinance of any public agency or state or federal regulatory body;

10.    Quantities or rates of flow which overload the agency’s collection or treatment facilities or cause excessive agency collection or treatment costs, or may use a disproportionate share of the agency facilities.

B.    Prohibitions on Storm Drainage and Ground Water. Storm water, groundwater, rain water, street drainage, subsurface drainage or yard drainage will not be discharged through direct or indirect connections to a community sewer unless a permit is issued by the agency. The agency may approve the discharge of such water only when no reasonable alternative method of disposal is available.

If a permit is granted for the discharge of such water into a community sewer, the user shall pay the applicable user charges and fees and meet such other conditions as required by the agency.

C.    Prohibition on Unpolluted Water. Unpolluted water, including but not limited to cooling water, process water or blowdown from cooling towers or evaporative coolers will not be discharged through direct or indirect connection to a community sewer unless a permit is issued by the agency. The agency may approve the discharge of such water only when no reasonable alternative method of disposal is available.

If a permit is granted for the discharge of such water into a community sewer, the user shall pay the applicable user charges and fees and shall meet such other conditions as required by the agency.

D.    Limitations on Radioactive Wastes. No person shall discharge or cause to be discharged, any radioactive waste into a community sewer except:

1.    When the person is authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials;

2.    When the waste is discharged in strict conformity with current California Radiation Control Regulations (California Administrative Code, Title 17) and the Atomic Energy Commission regulations and recommendations for safe disposal; and

3.    When the person is in compliance with all rules and regulations of all other applicable regulatory agencies.

E.    Limitations on the Use of Garbage Grinders. Waste from garbage grinders shall not be discharged into a community sewer except:

1.    Wastes generated in preparation of food normally consumed on the premises; or

2.    Where the user has obtained a permit for that specific use from the agency, and agrees to undertake whatever self-monitoring is required to enable the agency to equitably determine the user charges based on the waste constituents and characteristics.

Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the community sewer. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, or garden refuse.

F.    Limitations on Point of Discharge. No person shall discharge any substances directly into a manhole or other opening in a community sewer other than through an approved building sewer, unless upon written application by the user and payment of the applicable user charges and fees, the agency issues a permit for such direct discharges.

G.    Holding Tank Waste. A user proposing to discharge holding tank waste into a community sewer must secure a permit. Unless allowed by the agency under the terms and conditions of the permit, a separate permit must be secured for each separate discharge. This permit will state the specific location of discharge, the time of day the discharge is to occur, the volume of the discharge and the wastewater constituents and characteristics. If a permit is granted for discharge of such waste into a community sewer, the user shall pay the applicable user charges and fees and shall meet such other conditions as required by the agency.

H.    Limitations on Wastewater Strength.

1.    No person shall discharge wastewater containing in excess of:

0.1

mg/l arsenic

0.2

mg/l cadmium

2.0

mg/l copper

1.0

mg/l cyanide

1.0

mg/l lead

0.01

mg/l mercury

1.0

mg/l nickel

0.2

mg/l silver

0.5

mg/l total chromium

3.0

mg/l zinc

2.    No person shall discharge any wastewater:

a.    Having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65.5 degrees Celsius);

b.    Containing more than seventy-five (75) milligrams per liter of oil or grease of animal or vegetable origin;

c.    Containing more than seventy-five (75) milligrams per liter of oil or grease of mineral or petroleum, or any other origin;

d.    Having a pH lower than 6.0;

e.    Containing in excess of 0.02 mg/l total identifiable chlorinated hydrocarbons which cannot be removed by the agency’s wastewater treatment process;

f.    Containing in excess of 1.0 mg/l phenolic compounds which cannot be removed by the Agency’s wastewater treatment process.

3.    Effluent limitations promulgated by the Federal Act shall apply in any instance where they are more stringent than those in this chapter. Under Section 307(b) of the Act, Federal pretreatment standards are designed to achieve two purposes: (a) to protect the operation of publicly owned treatment works; and (b) to prevent the discharge of pollutants which pass through such works inadequately treated. Users in industrial categories subject to effluent guidelines issued under Section 304(b) of the Act, which are discharging incompatible pollutants to publicly owned treatment works, are required to adopt best practicable control technology currently available, as defined by the administrator pursuant to Section 304(b) of the Act. Where the agency treatment works was designed to and does achieve substantial removal of pollutants other than the four pollutants listed in the definition for compatible pollutants in section 13.24.020 (BOD, suspended solids, pH, and fecal coliform bacteria), it is not appropriate to require the industrial user to achieve best practicable control technology currently available, since this would lead to an uneconomical duplication of treatment facilities. While the term “substantial removal” is not subject to precise definition, it generally contemplates removals in the order of eighty percent (80%) or greater. Minor incidental removals in the order of ten percent (10%) to thirty percent (30%) are not considered substantial. For some industrial categories it may be necessary to deny pretreatment guidelines for problems that may arise as a result of the discharge into publicly owned treatment works. However, any adjustments required for particular industrial categories should be considered in connection with the agency’s limitations on wastewater strength in subsection (H)(1) and (2) of this section may be supplemented with more stringent limitations pursuant to Section 13.24.050(D):

a.    If the agency determines that the limitations in subsection (H)(1) and (2) of this section may not be sufficient to protect the operation of the agency’s treatment works; or

b.    If the Agency determines that the limitations in subsection (H)(1) and (2) of this section may not be sufficient to enable the agency’s treatment works to comply with water quality standards or effluent limitations specified in the agency’s National Pollutant Discharge Elimination System (NPDES) permit. (Prior code § 12.10)

13.24.040 Wastewater volume determination.

A.    Metered Water Supply. User charges and fees shall be applied against the total amount of water used from all sources unless, in the opinion of the agency, significant portions of water received are not discharged to a community sewer. The total amount of water used from public and private sources shall be determined by means of public meters or private meters, installed and maintained at the expense of the user and approved by the agency.

B.    Metered Wastewater Volume and Metered Diversions. For users where, in the opinion of the agency, a significant portion of the water received from any metered source does not flow into the community sewer because of the principal activity of the user or removal by other means. the user charges and fees will be applied against the volume of water distributed from such premises into the community sewer.

Written notification and proof of the diversion of water must be provided by the user if the user is to avoid the application of the user charges and fees against the total amount of water used from all sources. The user may install a meter of a type and at a location approved by the agency of sewage discharged or the amount of water diverted. Such meters shall be tested for accuracy at the expense of the user when deemed necessary by the manager.

C.    Estimated Wastewater Volume.

1.    Users Without Source Meters. For users where, in the opinion of the agency, it is unnecessary or impractical to install meters, the quantity of wastewater may be based upon an estimate prepared by the agency. This estimate shall be based upon a rational determination of the wastewater discharged and may consider such factors as the number of fixtures, seating capacity, population equivalent, annual production of goods and services, of such other determinants of water use necessary to estimate the wastewater volume discharged.

2.    Users With Source Meters. For users who, in the opinion of the agency, divert a significant portion of their flow from a community sewer, the user charges may be based upon an estimate of the volume prepared by the user, provided the user obtains a wastewater discharge permit and pays the applicable user charges and fees. The estimate must include the method and calculations used to determine the wastewater volume and may consider such factors as the number of fixtures, seating capacity population equivalents, annual production of goods and services, or such other determinations of water use necessary to estimate the wastewater volume discharged. (Prior code § 12.11)

13.24.050 Administration.

A.    Discharge Reports. The agency may require that any person discharging or proposing to discharge wastewater into a community sewer file a periodic discharge report. The discharge report may include, but not be limited to, nature of process, volume, rates of flow, mass emission rate, production quantities, hours of operation, number and classification of employees, or other information which relates to the generation of waste including wastewater constituents and characteristics in the wastewater discharge. Such reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on site even though they may not normally be discharged. In addition to discharge reports, the agency may require information in the form of wastewater discharge permit applications and self-monitoring reports.

B.    Wastewater Discharge Permits.

1.    Mandatory Permit. All critical users proposing to connect or to discharge into a community sewer must obtain a wastewater discharge permit before connecting to or discharging into a community sewer. All existing critical users connected to or discharging into a community sewer must obtain a wastewater discharge permit within ninety (90) days after the effective date of the ordinance codified in this chapter. For purposes of said ordinance, a “critical user” is defined as any user whose user classification is identified in the Standard Industrial Classifications (SIC) Manual in any of Divisions A, B, D, E, and I and who: (a) has a discharge flow of fifty thousand (50,000) gallons or more per average work day; or (b) has a flow greater than five percent of the flow in the agency’s wastewater treatment system; or (c) has in his or her wastes toxic pollutants in toxic amounts as defined in standards issued under Section 307(a), of the Federal Act; or (d) is found by the manager to have significant impact, either singly or in combination with other contributing industries, on the treatment or collection system; (e) those discharging holding tank waste into the community sewer; (f) those discharging directly into the community sewer at any opening other than through an approved building sewer.

2.    Optional Permits. The manager may issue a wastewater discharge permit to any user, upon application, in accordance with the terms of this section in the following categories:

a.    A user who requires the user charges and fees to be based on an estimation of wastewater flow;

b.    Any user whose wastewater strength is less than the normal range for the user classification to which he or she is assigned because of pretreatment, process changes or other reasons.

3.    Permit Application. Users seeking a wastewater discharge permit shall complete and file with the manager, an application in the form prescribed by the manager, and accompanied by the applicable fees. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:

a.    Name, address, and SIC number of applicant;

b.    Volume of wastewater to be discharged;

c.    Wastewater constituents and characteristics including but not limited to those mentioned in Section 13.24.030(H) as determined by a laboratory approved by the agency;

d.    Time and duration of discharge;

e.    Average and thirty (30) minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;

f.    Site plants, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation;

g.    Description of activities, facilities and plant process on the premises including all materials, processes and types of materials which are or could be discharged;

h.    Each product produced by type, amount, and rate of production;

i.    Number and type of employees, and hours of work;

j.    Any other information as may be deemed by the manager to be necessary to evaluate the permit application.

The manager will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the manager may issue a wastewater discharge permit subject to terms and conditions provided herein.

4.    Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations, user charges and fees established by the agency. The conditions of wastewater discharge permits shall be uniformly enforced by the manager in accordance with this chapter, and applicable state and federal regulations. Permits may contain the following:

a.    The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

b.    The average and maximum wastewater constituents and characteristics;

c.    Limits on rate and time of discharge or requirements for flow regulations and equalization;

d.    Requirements for installation of inspection and sampling facilities;

e.    Pre-treatment requirements;

f.    Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule;

g.    Requirements for submission of technical reports or discharge reports;

h.    Requirements for maintaining plant records relating to wastewater discharge as specified by the agency, and affording agency access thereto;

i.    Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants (as defined by Section 13.24.020) are proposed or present in the user’s wastewater discharge;

j.    Other conditions as deemed appropriate by the agency to insure compliance with this chapter.

5.    Duration of Permits. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. If the user is not notified by the agency thirty (30) days prior to the expiration of the permit, the permit shall be extended one additional year. The terms and conditions of the permit may be subject to modification and change by the agency during the life of the permit as limitations or requirements as identified in Section 13.24.030(H) are modified and changed. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

6.    Transfer of a Permit. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation.

7.    Revocation of Permit. Any user who violates the following conditions of the permit or of this chapter, or applicable state and federal regulations, is subject to having his or her permit revoked:

a.    Failure of a user to factually report the wastewater constituents and characteristics of his or her discharge;

b.    Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

c.    Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or

d.    Violation of conditions of the permit.

C.    Monitoring Facilities. The agency may require the user to construct at his or her own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems and may also require sampling or metering equipment to be provided, installed, and operated at the user’s expense. The monitoring facility should normally be situated on the user’s premises, but the agency 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.

If the monitoring facility is inside the user’s fence, there shall be accommodations to allow access for agency personnel, such as a gate secured with an agency lock. There shall be ample room in or near such sampling manhole to allow accurate sampling and compositing of samples for analysis. The manhole, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the agency’s requirements and all applicable local agency construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the agency; unless a time extension is otherwise granted by the agency.

D.    Inspection and Sampling. The agency may inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the agency or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspecting or sampling or in the performance of any of their duties. The agency shall have the right to set up on the user’s premises such devices as are necessary to conduct sampling or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification personnel from the agency will be permitted to enter without delay for the purposes of performing their specific responsibilities.

E.    Pretreatment. Users shall make wastewater acceptable under the limitations established herein before discharging to any community sewer. Any facilities required to pretreat wastewater to a level acceptable to the agency shall be provided and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the agency for review, and shall be acceptable to the agency before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the agency 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 Agency.

F.    Protection from Accidental Discharge. Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Such facilities shall be provided and maintained at the user’s expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the agency for review, and shall be acceptable to the agency before construction of the facility.

The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this section.

G.    Confidential Information. All information and data on a user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the agency that the release of such information would divulge information, processes or methods which would be detrimental to the user’s competitive position.

When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to governmental agencies for use in making studies; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the agency as confidential, shall not be transmitted to any governmental agency or to the general public by the agency until and unless prior and adequate notification is given to the user.

H.    Special Agreements. Special agreements and arrangements between the agency and any persons or agencies may be established when in the opinion of the agency unusual or extraordinary circumstances compel special terms and conditions. (Prior code § 12.12)

13.24.060 Wastewater user charges and fees.

A.    Classification of Users. All users shall be classified by assigning each one to a user classification category according to the principal activity conducted on the user’s premises and based on the typical wastewater constituents and characteristics for that type of user as determined by the agency. The purpose of such classification is to facilitate the regulation of wastewater discharges based on wastewater constituents and characteristics to provide an effective means of source control, and to establish a system of user charges and fees which will insure an equitable recovery of the agency’s cost. Wastewater constituents and characteristics may include but not be limited to the following: suspended solids, BOD, COD, oil and grease, and chlorine demand.

B.    Types of Charges and Fees. A user classification charge may be adopted for each user category based upon the charges for the average wastewater constituents and characteristics for each user classification. The charges for each waste-water constituent and characteristic shall be established by the agency and set forth in the agency’s schedule of charges and fees included herein or adopted by the agency. The agency may adopt a schedule of charges and fees which may include:

1.    User classification charges;

2.    Fees for monitoring;

3.    Fees for permit applications;

4.    Appeal fees;

5.    Charges and fees based on wastewater constituents and characteristics to include industrial cost recovery provisions of the Federal Act.

C.    Determination of User Charges.

1.    Nonwastewater Discharge Permit Users. Each user, not required to obtain a wastewater discharge permit, shall pay the applicable user charge as established by the agency and set forth in the agency’s schedule of user charges and fees. This charge shall be determined by multiplying the user classification charge by the determined wastewater volume. The agency may elect to set a fixed unit charge as set forth in the agency’s schedule of user charges and fees for certain user classifications based on wastewater constituents and characteristics. For the purpose of determining wastewater user charges the minimum standard classification charge shall be based upon a typical average strength of domestic wastewater such as:

BOD — 250 mg/l

COD — 375 mg/l

Suspended solids — 250 mg/l

Oil and grease — 40 mg/l

2.    Wastewater Discharge Permit Users. Users who are issued a wastewater discharge permit under the provisions of this chapter shall pay a user charge determined by multiplying the charge for each wastewater constituent and characteristic by the volume of water discharged. (Prior code § 12.13)

13.24.070 Enforcement.

A.    Accidental Discharges.

1.    Notification of Discharge. Users shall notify the Agency immediately upon accidentally discharging wastes in violation of this chapter to enable countermeasures to be taken by the agency to minimize damage to the community sewer, treatment facility, treatment processes and the receiving waters.

This notification shall be followed, within fifteen (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 occurrence.

Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment plant, or treatment process, or for any fines imposed on the Agency on account thereof under Section 13350 of the California Water Code or for violations of Section 5650 of the California Fish and Game Code.

2.    Notice to Employees. In order that employees of users be informed of agency requirements, users shall make available to their employees copies of this chapter and together with such other wastewater information and notices which may be furnished by the agency from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the user’s bulletin board advising employees whom to call in case of an accidental discharge in violation of this chapter.

3.    Preventive Measures. Any direct or indirect connection or entry point for persistent or deleterious wastes to the user’s plumbing or drainage system should be eliminated. Where such action is impractical or unreasonable the user shall appropriately label such entry points to warn against discharge of such wastes in violation of this chapter.

B.    Issuance of Cease and Desist Orders. When the agency finds that a discharge of wastewater has taken place, in violation of prohibitions or limitations of this chapter, or the provisions of a wastewater discharge permit, the manager may issue an order to cease and desist, and direct that those persons not complying with such prohibitions, limits, requirements, or provisions to:

1.    Comply forthwith;

2.    Comply in accordance with a time schedule set forth by the agency; or

3.    Take appropriate remedial or preventive action in the event of a threatened violation.

C.    Submission of Time Schedule. When the agency finds that a discharge of wastewater has been taking place, in violation of prohibitions or limitations prescribed in this chapter, or wastewater source control requirements, effluent limitations or pretreatment standards, or the provisions of a wastewater discharge permit, the agency may require the user to submit for approval, with such modifications as it deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation of requirements.

D.    Appeals. Any user, permit applicant, or permit holder affected by any decision, action, or determination, including cease and desist orders made by the manager, interpreting or implementing the provisions of this chapter or in any permit issued herein may file with the manager a written request for reconsideration within ten (10) days of such decision, action, or determination, setting forth in detail the facts supporting the user’s request for reconsideration.

If the ruling made by the manager is unsatisfactory to the person requesting reconsideration, he or she may within ten (10) days after notification of agency action, file a written appeal to the agency’s governing body. The written appeal shall be heard by the body within thirty (30) days from the date of filing. The agency’s governing body shall make a final ruling on the appeal within ten (10) days of the close of the meeting. The manager’s decision, action, or determination shall remain in effect during such period of reconsideration. (Prior code § 12.14)

13.24.080 Abatement.

A.    Public Nuisance. Discharges of wastewater in any manner in violation of this chapter or of any order issued by the manager as authorized by this chapter, is declared a public nuisance and shall be corrected or abated as directed by the manager. Any person creating a public nuisance is guilty of a misdemeanor.

B.    Injunction. Whenever a discharge of wastewater is in violation of the provisions of this chapter or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the agency may petition the superior court for the issuance of a preliminary or permanent or permanent injunction or both, as may be appropriate in restraining the continuance of such discharge.

C.    Damage to Facilities. When a discharge of wastes causes an obstruction, damage, or any other impairment to agency facilities, the agency may assess a charge against the user for the work required to clean or repair the facility and add such charge to the user’s charges and fees.

D.    Penalties.

The city attorney may seek the maximum civil and criminal penalties allowed under state and federal law as set forth in 33 U.S.C. Section 1319, and California Water Code sections 13385 and 13387.

E.    Criminal Penalties. Any person who intentionally or negligently violates any provision of this chapter or permit condition or who discharges wastewater which causes pollution or who violated any cease and desist order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard shall be liable to a sum not to exceed twenty-five thousand dollars ($25,000.00) for each day in which such violation occurs, or to imprisonment for not more than one year in the county jail, or both.

If the conviction is for a violation committed after the first conviction of such person, punishment shall be by a fine of not more than fifty thousand dollars ($50,000.00) for each day in which such violation occurs, or by imprisonment for not more than two years in the county jail, or both. The attorney or the agency, upon order of the agency’s governing body, shall petition the superior court to impose, assess, and recover such sums.

F.    Falsifying of Information. Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the agency, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be punished by a fine of not more than ten thousand dollars ($10,000.00) or by imprisonment in a county jail for not more than six months, or by both. The attorney of the agency, upon order of the agency’s governing body, shall petition the superior court to impose, assess, and recover such sums.

G.    Termination of Service. The agency may revoke any wastewater discharge permit, or terminate or cause to be terminated wastewater service to any premises if a violation of any provision of this chapter is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance as defined in this chapter. This provision is in addition to other statutes, rules or regulations authorizing termination of service for delinquency in payment. (Ord. 02-5 § 13; prior code § 12.15)

13.24.090 Findings.

A.    The city council finds and determines that:

1.    The city wastewater treatment plant is not capable of complying with the regulations and requirements of and is currently operating under a cease and desist order issued by the San Francisco Bay Area Regional Water Quality Control Board;

2.    Forty-seven (47) additional residential housing units have been awarded project allocations under the project allocation system ordinance in prior years which have not yet been constructed;

3.    Construction of the forty-seven (47) additional units already awarded project allocations will completely exhaust the wastewater treatment capacity of the city’s wastewater treatment facilities, unless additional capacity is added through the temporary and potentially hazardous means of raising the freeboard at the wastewater treatment plant;

4.    Twelve (12) inches of freeboard is the maximum amount the freeboard can be raised at the city’s wastewater treatment facility with provision for necessary emergency reserve conditions. A twelve (12) inch increase in the freeboard would increase the capacity of the city’s wastewater treatment facility sufficiently to allow service of approximately fifty-five (55) additional connections, provided that each connection does not exceed six hundred (600) gallons per day of wastewater discharge into the city’s wastewater treatment facilities. The six hundred (600) gallon per day measurement standard is the estimate by the city of the average daily usage of a typical four-bedroom single-family residence in the city;

5.    Except for the areas designated as woodlands and water shed on the city’s general plan map, the use of discrete wastewater disposal systems for new residential housing units or for other uses allowed by the residential, commercial and industrial zoning ordinances of the city, rather than requiring connection to the city’s wastewater treatment facilities, would be contrary to the policies of the city and the regional water quality control board and would be contrary to the public health, safety and welfare;

6.    The construction or establishment of each additional residential housing unit or other use allowed by the residential, commercial and industrial zoning ordinances of the city which are served by the city’s wastewater treatment facilities increases the violations by the city’s facilities of the regulations, requirements and cease and desist order of the regional water quality control board, decreases the small amount of remaining capacity of the city’s wastewater treatment facilities, and, if not carefully managed to allocate the remaining capacity fairly among the competing needs of the citizens and property owners of the city, would be contrary to the public health, safety and welfare;

7.    The city has no presently approved plan or project for either increasing the capacity of or improving the quality of treatment of the city’s wastewater treatment facilities to comply with the regulations and requirements of the regional water quality control board, and there is little probability that additional sewer treatment plant capacity will become available to the city prior to 1985;

8.    By adoption of Ordinance No. 81-12, the city did not intend to restrict new or additional facilities for discrete wastewater treatment for winery processing waste materials disposal for wineries located in W (winery) zones, which facilities are necessary for maintenance of businesses processing agricultural crops which are of primary significance to the city.

B.    Certain Discrete Wastewater Treatment Facilities Prohibited. The construction of or use of any new or additional discrete wastewater treatment facilities is prohibited upon any parcel of real property within the city, except those facilities:

1.    Constructed or used upon an existing lot of record, which facilities do not establish or service uses which generate in excess of six hundred (600) gallons of wastewater for treatment and/or storage of any single calendar day; or

2.    Constructed or used in the areas designated as woodlands and watershed on the city’s general plan map; or

3.    Constructed or used solely for treatment and disposal of winery processing waste materials (but not domestic waste) from offices, visitors’ facilities or other business uses by wineries located within the city’s W (winery) zoning district.

C.    Definitions.

1.    As used in subsection B of this section:

“Discrete wastewater treatment facility” means any system for treatment or disposal of wastewater other than one discharging all wastewater generated on a lot of record directly into a city sewer line; and

“Lot of record” means a parcel of land existing as a separate parcel on the Napa County Assessment Roll on July 9, 1980, or if the property is located south of Sulpher Creek between Crane Avenue and a line two thousand two hundred (2,200) feet easterly of and parallel to Main Street, a parcel for which a tentative or final subdivision or parcel map was approved by the city council prior to July 9, 1980, or if said property is located within any other area of the city, a parcel for which a tentative or final subdivision or parcel map was approved by the city council prior to May 26, 1981.

2.    If a transfer of a portion of a lot of record to another lot of record occurs in conformance with Title 16 of this code, the resultant parcels shall each remain a “lot of record” within the meaning of this subsection, except any such resultant parcel which prior to such lot line adjustment contained any structures generating wastewater shall be charged with such wastewater uses in applying the usage restrictions of subsection B of this section and Sections 17.52.090(F) and 17.60.080(A). (Prior code § 12.18)

13.24.100 Greasetraps.

A.    All restaurants and food preparation businesses producing discharges of wastewater that at any time exceed the limitations of Section 13.24.030(H)(2) shall install and maintain in good operating condition at all times a greasetrap or grease interceptor sufficient to process all wastewater containing grease or oil produced or occurring on the premises, and all wastewater containing grease or oil shall be processed through said greasetrap prior to any discharge thereof into the community sewers.

B.    All greasetraps or grease interceptors installed and maintained pursuant to subsection A of this section shall conform to the approved designs and specifications maintained on file by the public works director or shall conform to the Uniform Plumbing Code and be approved in design and specifications by the public works director.

C.    All restaurants and food preparation businesses existing on the effective date hereof, which are required by subsection A of this section to install a greasetrap or grease interceptor shall complete installation of the same within sixty (60) days after the effective date hereof. All restaurants and food preparation services required to comply with subsection A of this section which are established after the effective date hereof shall complete installation of the required greasetrap or grease interceptor prior to opening for business.

D.    All parties maintaining a greasetrap or grease interceptor shall maintain the same in good operating condition and shall clean and dispose of the accumulated waste as frequently as is necessary to maintain proper operating conditions. None of the waste materials cleaned from any such wastetrap or waste interceptor shall be disposed of into any city storm drain or sewer manhole nor in any other manner which constitutes a public or private nuisance. Violations of this subsection shall constitute an infraction.

E.    The city’s public works director and any Napa County environmental health personnel acting under his or her directions may enter any restaurant or food preparation business premises where any such greasetrap or grease interceptor is required to be maintained to inspect such devices periodically or whenever deemed necessary to ascertain whether all requirements of this section are being complied with. (Prior code § 12.19)