Chapter 13.08
SEWERS AND INDUSTRIAL WASTE
Sections:
13.08.010 Purpose of provisions.
13.08.020 Definitions and terminology.
13.08.030 Discharge permit—Mandatory.
13.08.040 Discharge permit—Optional.
13.08.050 Discharge permit—Application—Contents.
13.08.060 Discharge permit—Application—Issuance.
13.08.070 Discharge permit—Conditions.
13.08.080 Discharge permit—Duration.
13.08.090 Discharge permit—Not assignable.
13.08.100 Location of discharge.
13.08.110 Storm drainage and groundwater.
13.08.120 Unpolluted water.
13.08.130 Garbage grinders and ground waste.
13.08.140 Holding tank waste.
13.08.150 Chemical concentration restrictions.
13.08.160 Dangerous discharges designated.
13.08.170 Radioactive wastes.
13.08.180 Prohibited discharges designated.
13.08.190 Specific discharge limitations.
13.08.200 Wastewater—Volume determination.
13.08.210 Wastewater—Metering.
13.08.220 Wastewater—Estimation of volume.
13.08.230 Wastewater—Permit in lieu of meter or estimation.
13.08.240 Charges and fees—User classifications.
13.08.250 Sewer service charges and fees established.
13.08.260 Charges and fees—Permits and services.
13.08.270 Special agreements with the City.
13.08.280 Pretreatment required when—Facilities.
13.08.290 Protection against accidental discharges.
13.08.300 Monitoring facilities.
13.08.310 Unauthorized discharge—Notice requirements.
13.08.320 Unauthorized discharge—Cease and desist order.
13.08.330 Unauthorized discharge—Abatement schedule.
13.08.340 Unauthorized discharge—Emergency corrections.
13.08.350 Unauthorized discharge—Liability for damage.
13.08.360 Discharge reports.
13.08.370 Inspection and sampling.
13.08.380 Public information requirements—Confidentiality.
13.08.390 Enforcement responsibility.
13.08.400 Termination of service.
13.08.410 Revocation of permits.
13.08.420 Appeals procedure.
13.08.430 Providing false information.
13.08.440 Public nuisance conditions—Abatement.
13.08.450 Violation—Remedies cumulative.
13.08.460 Violation—Penalty.
13.08.010 Purpose of provisions.
The purpose of this chapter is to establish standards and conditions, and to provide for fees, relating to the use of sanitary sewerage facilities of the City. It is further the purpose of this chapter to establish uniform requirements for discharges into the wastewater collection and treatment system used jointly with other public entities as a party to the Joint Exercise of Powers Agreement establishing and providing for the Joint Powers Authority for the Strategic Consolidation Sewerage Plan, a public entity, and any successor thereto. It is further the purpose of this chapter to enable the City to comply with and meet applicable laws, regulations, standards and conditions established by Federal and State law, or by agencies thereof in implementation of such law. The City Council hereby finds and declares that the health, safety and welfare of the people of the City of San Carlos require the enactment of the provisions of this chapter. (Ord. 771 § 1 (part), 1975)
13.08.020 Definitions and terminology.
A. General Terminology.
1. Words, phrases or terms not specifically defined in this section, and having a technical or specialized meaning, shall be defined as set forth 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.
2. References to waste constituents and characteristics shall have the meanings ascribed thereto in the aforesaid "Standard Methods for the Examination of Water and Wastewater," and measurements thereof shall be as set forth in said publication, or as established by Federal or State regulatory agencies.
B. Specific Definitions. The following words or phrases, wherever used in this chapter, shall have the meanings respectively ascribed thereto as follows:
1. "Authority" means the Joint Powers Authority for the South Bayside System Authority, a public entity established by agreement between the cities of San Carlos, Belmont and Redwood City, California, and the Menlo Park Sanitary District (now named West Bay Sanitary District) dated November 13, 1975, and any successor entity thereof.
2. "Beneficial uses" means uses of the waters of the City or State which may or do require protection against quality degradation thereof, including but not necessarily limited to waters used for domestic, municipal, agricultural, industrial, power generation, recreation, aesthetic enjoyment or navigation purposes, or for the preservation and enhancement of fish, wildlife or other aquatic resources or reserves, and such other uses, both tangible or intangible, as are or may be specified by Federal or State law as beneficial uses.
3. "Building sewer" means a sewer conveying wastewater from the premises of a user to the sewerage facilities.
4. "Charge" means a rental or other charge established pursuant to this chapter for services and facilities furnished by the City to any premises in connection with the operation of the sewerage facilities.
5. "City" means the City of San Carlos, a municipal corporation of the State of California.
6. "Compatible pollutant" means biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, additional pollutants identified in the City’s National Pollutant Discharge Elimination System (NPDES) permit, and such other pollutants as may be designated by the director upon a finding by him that such pollutants are substantially treated and removed by the sewerage facilities.
7. "Contamination" means an impairment of the quality of the waters of the City or State by waste, to a degree which creates a hazard to the public health. Contamination shall include any equivalent effect resulting from the disposal of wastewater, whether or not waters of the City or State are affected thereby.
8. "Director" means the Director of Public Works of the City, or his designees, including but not limited to duly authorized personnel of the Authority.
9. "Holding tank waste" means any waste from sewage or waste-disposal holding tanks such as are associated with vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
10. "Incompatible pollutant" means any pollutant which is not a compatible pollutant.
11. "Interference" means an inhibition or disruption of the sewerage facilities, their treatment processes or operations, or their sludge processes, use or disposal, which causes or significantly contributes to either a violation of the Authority’s NPDES permit, or to the prevention of sewage sludge or disposal by the Authority in accordance with applicable State and Federal statutory provisions and regulations or permits issued thereunder.
12. "Major contributing industry" means any wastewater contributor identified in the Standard Industrial Classification (SIC) Manual, prepared and published by the Executive Office of Management and Budget of the United States, classified within Divisions A, B, D, E and I therein, the wastewater of which has any one or more of the following characteristics:
a. A discharge flow of fifty thousand gallons or more per average work day (if seasonal, the average shall be based upon the seasonal discharge);
b. A flow or pollutant loading greater than five percent of the design capacity of the sewerage facilities;
c. Toxic pollutants in amounts defined in standards issued pursuant to Section 307(a) of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500; 33 U.S.C. Section 1151, et seq.); or
d. A significant impact (determined by the director), either individually or in combination with other contributing industries, on the sewerage facilities, or upon the quality of effluent from the sewerage facilities.
13. "Mass emission rate" means the weight of material discharged to the sewerage facilities during a specified time interval. Unless otherwise specified, the mass emission rate means pounds per day of a particular waste constituent or combination of constituents.
14. "Pass through" means the discharge of pollutants through the sewerage facilities into navigable waters in quantities or concentrations which cause or significantly contribute to violation of the Authority’s NPDES permit.
15. "Person" means any individual, firm, company, partnership, association, private corporation, public corporation, or governmental entity, authority or agency, and the officers, agents or employees of such organizations.
16. "Pollution" means an alteration of the quality of the waters of the City or State by waste, to a degree which unreasonably affects such waters for any beneficial use or effects. Pollution may also include contamination.
17. "Premises" means a parcel of land, or portion thereof, including any improvements thereon, which is directly or indirectly connected to the sewerage facilities for purposes of receiving, using and paying for service, or other purposes relating to the sewerage facilities, by an individual user. Each dwelling unit of a duplex, apartment, or any other multifamily residence shall be deemed a separate premises. Subject to the provisions of this section, the director shall determine what constitutes a premises.
18. "Reclaimed water" means water which, as a result of treatment of waste, is suitable for direct beneficial use, or a restricted beneficial use, which would not otherwise occur but for such treatment.
19. "Requirement of law" or "other requirements of law" means any pertinent provision of the Federal Water Pollution Control Act, as amended by the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500, 33 U.S.C. Section 1151, et seq.), or of any statute, ordinance, rule, regulation, order, directive, or of the City’s or Authority’s National Pollutant Discharge Elimination System (NPDES) permit, or of any amendments thereto.
20. "Sewerage facilities" means any or all devices, facilities, equipment, improvements or systems owned or used by the City or the Authority in the collection, storage, treatment, recycling, reclamation or disposal of wastes or wastewater, including interceptor sewers, outfall sewers or lines, sewage collection systems, pumps, power plants, treatment plants, recycling or reclamation plants, and other equipment and appurtenances thereto; extensions, improvements, remodeling, modifications, additions or alterations thereof; chemicals, materials or supplies used in connection therewith; or any other facilities, including land and improvements thereon, which are an integral part of the treatment process of the City or the Authority, or which are used for ultimate disposal of residues, effluent or discharges, resulting from such treatment, or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of wastes or wastewater, including stormwater runoff, industrial wastes, domestic wastes, or any combination thereof.
21. "Unpolluted water" means water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the City or Authority for disposal to storm or natural drainages, or directly to surface waters.
22. "User" means any person who discharges, causes or permits the discharge of wastewater into the sewerage facilities.
23. "User classification" means a classification of users based upon classifications set forth in the Standard Industrial Classification (SIC) Manual, 1972 Edition, prepared and published by the Executive Office of Management and Budget of the United States.
24. "Waste" means sewage and any and all waste substances, whether 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.
25. "Wastewater" means waste and water, whether treated or untreated, discharged into or permitted to enter into the sewerage facilities.
26. "Wastewater constituents and characteristics" means the individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate, and such other parameters that serve to define, classify or measure the contents, quality, quantity or strength of wastewater.
27. "Waters of the City or State" means any water, whether surface or underground, and whether saline or nonsaline, within the boundaries of the City, or within the boundaries of the City and flowing into, touching or otherwise combined with waters outside the limits of the City, but within the boundaries of the State. (Ord. 928 § 1, 1984: Ord. 771 § 1 (part), 1975)
13.08.030 Discharge permit—Mandatory.
No major contributing industry or other user discharging or proposing to discharge wastewater having characteristics or quantities equivalent to that of a major contributing industry, shall, and it is unlawful for any such industry or user to, connect to or discharge into the sewerage facilities without first obtaining a wastewater discharge permit therefor. No major contributing industry or other user discharging or proposing to discharge wastewater having characteristics or quantities equivalent to that of a major contributing industry, connected to the sewerage facilities upon the effective date of the ordinance enacting this chapter shall, and it shall be unlawful for any such industry or user to, discharge wastewater into the sewerage facilities on or after ninety days after such effective date without a wastewater discharge permit therefor. (Ord. 771 § 1 (part), 1975)
13.08.040 Discharge permit—Optional.
A wastewater discharge permit may be issued by the director to any user, upon application therefor:
A. Who requests that charges and fees established pursuant to this chapter be based upon an estimated volume of wastewater discharged, or to be discharged, into the sewerage system; or
B. Who establishes to the satisfaction of the Director that wastewater proposed to be discharged from such user’s premises into the sewerage system has, or will have, wastewater strength characteristics less than the normal range for the user classification to which such user is assigned, by reason of pretreatment, process changes, or other reasons related to such wastewater characteristics. (Ord. 771 § 1 (part), 1975)
13.08.050 Discharge permit—Application—Contents.
A. Applications for permits required or authorized pursuant to the provisions of this chapter shall be in writing, in such form as the director shall require, and shall set forth the following:
1. The name and address of the applicant;
2. The location and description of the discharge proposed to be permitted;
3. A detailed description of any work to be performed and materials and equipment to be used in carrying out the provisions of such permit; and
4. Such other information deemed necessary by the director to determine the effect upon the sewerage facilities of the proposed discharge or activities related thereto, or otherwise reasonably necessary to enable the director to carry out the provisions of this chapter or any other requirements of law.
B. Permits required or authorized pursuant to the provisions of this chapter shall be subject to reasonable terms and conditions as determined necessary or appropriate by the Director in order to carry out the provisions of and ensure compliance with this chapter or of any other requirements of law.
C. No such permit shall be issued until all applicable fees and charges established pursuant to this chapter have first been paid. (Ord. 771 § 1 (part), 1975)
13.08.060 Discharge permit—Application—Issuance.
A. Applications for permits required or authorized pursuant to the provisions of this chapter shall be in writing, in such form as the director shall require, and shall set forth the following:
1. The name, address and standard industrial classification number of the applicant;
2. The volume of wastewater proposed to be discharged;
3. Wastewater constituents and characteristics, including but not limited to those categories thereof described in Sections 13.08.150 and 13.08.180, the presence and amount of which shall be determined by a laboratory competent to test and describe such constituents and characteristics, and approved by the director;
4. The time and duration of the proposed wastewater discharge;
5. The average and thirty-minute peak wastewater flow rates proposed to be discharged, including daily, monthly and seasonal variations, if any;
6. Site plans, floor plans, mechanical and plumbing plans, in detail necessary or appropriate to show and to describe all sewers and appurtenances by size, location and elevation;
7. A description of the activities, facilities and plant processes conducted or proposed to be conducted on the premises, including but not necessarily limited to all materials manufactured, fabricated or processed, and the types of materials which are or could be discharged into the sewerage facilities;
8. The type and amount of each product produced, fabricated or manufactured on the premises, and the rate of production;
9. The number and classifications or other work categories of employees, and the hours of work or operation on the premises;
10. Such other information deemed necessary by the director to determine the effect upon the sewerage facilities of the proposed discharge, or to determine the necessity for or type of pretreatment, or permit conditions, or other measures necessary or appropriate to enable the director to carry out the provisions of this chapter, or any other requirement of law.
B. Upon evaluation and approval of all pertinent data and information, the Director shall issue a wastewater discharge permit, subject to terms and conditions required or authorized under the provisions of this chapter, and deemed necessary or appropriate by the Director to carry out the purposes and intent of this chapter. (Ord. 771 § 1 (part), 1975)
13.08.070 Discharge permit—Conditions.
A. Wastewater discharge permits authorized under this chapter shall be subject to all provisions and requirements of this chapter, and to all other requirements of law.
B. Permits authorized under this chapter may include any or all of the following:
1. The unit charge or schedule of charges and fees for the service and use of the sewerage facilities, to be paid by the permittee, and the terms and conditions of such payment;
2. The allowable average and maximum wastewater constituents and characteristics thereof permitted to be discharged into the sewerage facilities;
3. Limitations upon time and rate of wastewater discharge, or requirements for flow regulation and equalization thereof;
4. Requirements for the installation of inspection, sampling or testing facilities;
5. Pretreatment requirements;
6. Specifications for monitoring programs, which may include, but shall not necessarily be limited to, sampling locations, frequency and method of sampling, number, types and standards for tests, and reporting schedule;
7. Requirements for submission of technical reports or wastewater discharge reports;
8. Requirements for maintaining plant records relating to the wastewater discharge, as specified by the Director, and providing for access of the Director thereto;
9. The mean and maximum mass emission rates, or other appropriate limits, when incompatible pollutants are proposed to be discharged into or are present in the user’s wastewater discharge; and
10. Such other conditions, requirements and provisions deemed appropriate by the director to ensure compliance with the provisions of this chapter or other requirements of law. (Ord. 771 § 1 (part), 1975)
13.08.080 Discharge permit—Duration.
A. Wastewater discharge permits authorized under this chapter shall be effective for the period described herein, but in any event for no longer than five years. Such period described in such permits may be for a term less than a year, may be expressed in years, or may be stated to expire on a specific date.
B. Upon expiration of the specified term in each wastewater discharge permit, the term thereof shall be deemed renewed automatically for successive one-year periods, that first of which shall commence upon the day next following the last day of the term specified in such permit; provided, however, that in the event the Director gives written notice to the permittee of the termination or expiration of the permit not less than thirty days prior to the expiration of the initial term thereof, or prior to the expiration of any successive one-year term thereof, then a new permit shall be required subject to the provisions of this chapter.
C. Every permit shall be subject to modification, amendment or other change by the director during the term thereof, as determined necessary by the director in order to obtain compliance by the user with the requirements of this chapter or other requirements of law.
D. To the extent practicable, the director shall give written notice to a permittee of any proposed modifications, changes or amendments to the user’s permit not less than thirty days prior to the effective date of such change, modification or amendment. To the extent reasonably necessary or appropriate, the director may specify a reasonable time schedule for compliance with any new conditions, provisions or requirements established by modification, change or other amendment to a permit. (Ord. 771 § 1 (part), 1975)
13.08.090 Discharge permit—Not assignable.
A. Wastewater discharge permits shall be personal to each permittee, and shall relate only to the use or operation described therein.
B. No person shall, and it shall be unlawful to, assign, reassign, transfer, sell, lease, sublet or otherwise transfer a wastewater discharge permit, or any interest therein, to any person other than the permittee, or to use, cause to be used or permit to be used such permit in connection with a different premises, or a different operation than that specified in such permit, or with a new, expanded or modified operation. (Ord. 771 § 1 (part), 1975)
13.08.100 Location of discharge.
No person shall discharge, and it is unlawful to discharge, cause to be discharged or permit to be discharged any wastes or wastewater, or any object, material or other substance directly into a manhole or other opening into the sewerage facilities other than wastes or wastewater through an approved building sewer; provided, however, that wastes or wastewater may be discharged into the sewerage facilities by means other than through an approved building sewer pursuant to a permit therefor issued by the director. (Ord. 771 § 1 (part), 1975)
13.08.110 Storm drainage and groundwater.
No person shall discharge, and it is unlawful to discharge, cause to be discharged or permit to be discharged any stormwater, groundwater, rainwater, street drainage, subsurface drainage or yard drainage, either directly or indirectly, into the sewerage facilities, unless a permit therefor is issued by the Director. The Director may issue such permit only upon a finding by him that no reasonable alternative method of disposal of such water is available. (Ord. 771 § 1 (part), 1975)
13.08.120 Unpolluted water.
No person shall discharge, and it is unlawful to discharge, cause to be discharged or permit to be discharged any unpolluted water, including but not limited to cooling water, process water or blow-down water from cooling towers or evaporative coolers, either directly or indirectly, into the sewerage facilities, unless a permit therefor is issued by the Director. (Ord. 771 § 1 (part), 1975)
13.08.130 Garbage grinders and ground waste.
A. No person shall discharge, and it is unlawful to discharge, cause to be discharged or permit to be discharged waste from garbage grinders into the sewerage facilities; provided, however, that:
1. Wastes generated in preparation of food normally consumed on the premises may be so discharged; or
2. Such discharge is made pursuant to a permit issued by the Director.
B. Garbage grinders from which wastes are permitted under either subsection A1 or A2 above shall be of such design and capacity to shred wastes used therein such that all waste particles shall be carried freely under normal flow conditions into and through the sewerage facilities. (Ord. 771 § 1 (part), 1975)
13.08.140 Holding tank waste.
No person shall discharge, and it is unlawful to discharge, cause to be discharged or permit to be discharged any holding tank waste into the sewerage facilities; provided, however, that:
A. Such discharges may be made into facilities designed to receive such wastes and approved by the director; or
B. Such discharges may be made pursuant to a permit issued therefor by the Director. Unless otherwise provided by the Director, a separate permit shall be required for each separate holding tank waste discharge. (Ord. 771 § 1 (part), 1975)
13.08.150 Chemical concentration restrictions.
No person shall discharge, and it is unlawful to, discharge, cause to be discharged, or permit to be discharged any wastewater containing any of the following constituents in excess of the maximum allowable amounts respectively hereinafter established therefor.
A. Facilities which discharge ten thousand gallons per day and above:
1. 0.1 mg/l arsenic;
2. 0.2 mg/l cadmium;
3. 2.0 mg/l copper;
4. 1.0 mg/l cyanide;
5. 1.0 mg/l lead;
6. 0.01 mg/l mercury;
7. 1.0 mg/l nickel;
8. 4.0 mg/l silver;
9. 0.5 mg/l total chromium;
10. 3.0 mg/l zinc.
B. Facilities which discharge below ten thousand gallons per day:
1. 0.0038 kg/day arsenic;
2. 0.0076 kg/day cadmium;
3. 0.076 kg/day copper;
4. 0.038 kg/day cyanide;
5. 0.038 kg/day lead;
6. 0.00038 kg/day mercury;
7. 0.038 kg/day nickel;
8. 0.15 kg/day silver;
9. 0.019 kg/day total chromium;
10. 0.11 kg/day zinc. (Ord. 928 § 3, 1984: Ord. 771 § 1 (part), 1975)
13.08.160 Dangerous discharges designated.
No person shall discharge, and it is unlawful to discharge, wastes into the sewerage facilities which cause, threaten to cause or are capable of causing, either alone or by interaction with other substances:
A. A fire or explosion;
B. Obstruction of flow in or injury to the sewerage facilities, or any portion thereof;
C. Danger to life or safety of persons;
D. Conditions inhibiting or preventing the effective maintenance or operation of the sewerage facilities;
E. Strong or offensive odors, air pollution, or any noxious, toxic or malodorous gas or substance or gas-producing substances;
F. Interference with the wastewater treatment process, or overloading of the sewerage facilities, or excessive collection or treatment costs, or use of a disproportionate share of the capacity of the sewerage facilities;
G. Interference with any wastewater reclamation process, which does or may operate in conjunction with the sewerage facilities, or overloading, or a breakdown of such reclamation process, or excessive reclamation costs, or any product of the treatment process which renders such reclamation process impracticable or not feasible under normal operating conditions;
H. A detrimental environmental impact, or a nuisance, wherever located, or a condition unacceptable to any public agency having regulatory jurisdiction over operation of the sewerage facilities;
I. Discoloration, or any other adverse condition in the quality of the effluent from the sewerage facilities such that receiving water quality requirements established by any statute, rule, regulation, ordinance or permit condition cannot be met by the City or the Authority;
J. Conditions at or near the sewerage facilities, or any portion thereof, which cause, or may cause, the City or Authority to be in violation of the requirements of law;
K. Pollutants introduced into the sewerage facilities which pass through or interfere with the operation or performance of the sewerage facilities. (Ord. 928 § 2, 1984: Ord. 771 § 1 (part), 1975)
13.08.170 Radioactive wastes.
No person shall discharge, and it is unlawful to discharge, cause to be discharged or permit to be discharged any radioactive waste into the sewerage system; provided, however, that:
A. Persons authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials, may discharge, cause to be discharged or permit to be discharged such wastes, provided that such wastes are discharged in strict conformance with current California radiation control regulations (California Administrative Code, Title XVII, Chapter 5, Sub. Ch. 4, Group 3, Article 5), and Federal regulations and recommendations for safe disposal of such wastes; and
B. The person so acting does so in compliance with all applicable rules and regulations of all other regulatory agencies. (Ord. 771 § 1 (part), 1975)
13.08.180 Prohibited discharges designated.
No person shall discharge, and it is unlawful to discharge, cause to be discharged or permit to be discharged any wastewater:
A. The temperature of which is higher than one hundred fifty degrees Fahrenheit (sixty-five degrees Centigrade);
B. Containing more than three hundred mg/l of oil or grease of animal or vegetable origin;
C. Containing more than one hundred mg/l of oil or grease of mineral or petroleum origin;
D. Having a pH lower than 6.0 or having a corrosive property capable of causing damage or hazard to structures or equipment of the sewerage facilities, or any portion thereof;
E. Containing in excess of 0.02 mg/l total identifiable chlorinated hydrocarbons, unless otherwise authorized by permit issued pursuant to Section 13.08.030 or 13.08.040;
F. Containing in excess of 1.0 mg/l phenolic compounds, unless otherwise authorized by permit issued pursuant to Section 13.08.030 or 13.08.040;
G. Any sand, grit, straw, metal, glass, rags, feathers, paper, tar, plastic, wood, leaves, garden clippings, manure, dead animals, offal, or any other solid or viscous substance capable of causing obstruction to the flow in the sewerage facilities, or which in any way interferes with the proper operation of the sewerage facilities;
H. Any waste containing a toxic or poisonous substance not otherwise specifically prohibited in this chapter, in sufficient quantities to constitute a hazard to humans or animals, or to create a hazard in the sewerage facilities, or to injure or interfere with the operation thereof;
I. Any waste containing suspended solids, not otherwise specifically prohibited under the provisions of this chapter, the characteristics or quantity of which require unusual attention, treatment or expense in handling or treating such material in the sewerage facilities, or any portion thereof. (Ord. 771 § 1 (part), 1975)
13.08.190 Specific discharge limitations.
Notwithstanding the limitations upon the characteristics or quantity of wastewater discharged, caused to be discharged, or permitted to be discharged into the sewerage facilities pursuant to this chapter, the Director may, in connection with the issuance of permits pursuant to Sections 13.08.030, 13.08.040, 13.08.060 through 13.08.090, 13.08.270 through 13.08.300 and 13.08.360 through 13.08.380 of this chapter, establish additional or different specific limitations on wastewater strength, upon a finding by the Director, with the concurrence of the manager of the Authority, that:
A. The limitations set forth in this chapter may not be sufficient to protect the operation of the sewerage facilities, or any portion thereof, or the waste or wastewater proposed to be discharged constitutes a hazard to or an unreasonable burden upon such operation, or otherwise causes or significantly contributes to violation of the Authority’s NPDES permit; or
B. The limitations set forth in this chapter may be unreasonably restrictive when applied to a specific industry, and imposing a less stringent limitation will not cause or contribute to violation of any State or Federal requirement or law; or
C. Specific standards have been established by the State or Federal government for a specific category of industrial user, which would supersede the limitations set forth in this chapter, with respect to such category. (Ord. 928 § 4, 1984: Ord. 771 § 1 (part), 1975)
13.08.200 Wastewater—Volume determination.
For the purposes of this chapter, unless otherwise provided pursuant to the provisions of Sections 13.08.200 through 13.08.230, wastewater volumes shall be determined upon the basis of volumes of fresh water, including all sources of nonwastewater, used by or furnished to a user. (Ord. 771 § 1 (part), 1975)
13.08.210 Wastewater—Metering.
Upon application of a user, and upon a finding by the Director that a significant portion of fresh water or nonwastewater received by the user from any metered source does not flow into the sewerage facilities because of the principal activity of the user, or by reason of removal of wastewater by other means, the Director may authorize determination of the volume of wastewater discharge to be made by an appropriate metering device. Upon such determination by the Director, a metering device, of a type approved by the Director, and at a location approved by the Director, shall be installed at the user’s expense. Such metering device shall measure either the amount of wastewater discharged into the sewerage facilities, or the amount of fresh water or nonwastewater diverted from the sewerage facilities. Upon installation, such meters shall be maintained and tested periodically for accuracy in accordance with requirements established by the Director, all of which maintenance and testing shall be at the expense of the user. (Ord. 771 § 1 (part), 1975)
13.08.220 Wastewater—Estimation of volume.
In lieu of use of a metering device as specified in Section 13.08.210, and upon a determination by the Director that it would be unnecessary or impracticable to install, maintain or operate such metering device, wastewater volume discharged by a user into the sewerage facilities may be based upon an estimate thereof determined by the Director. The determination of such estimated wastewater volume shall be based upon such factors as the number of fixtures through which wastewater flows into the sewerage facilities from the user’s premises, seating capacity of buildings or improvements upon the premises, the population equivalent associated with the premises, annual production of goods and services related to the premises, or other factors reasonably relating to water use, wastewater volume calculations, and/or diversions of wastewater flow from the sewerage facilities. (Ord. 771 § 1 (part), 1975)
13.08.230 Wastewater—Permit in lieu of meter or estimation.
A. Permission for calculation of wastewater volumes to be determined in accordance with the provisions of Sections 13.08.210 or 13.08.220 shall only be granted by a permit issued by the director, or as a provision of such other permit as may be required or provided under this chapter. In the event such permission is granted pursuant to a separate permit, applications therefor shall be in writing in such form as the director shall require, and shall set forth the following:
1. The name and address of the applicant;
2. The location or other description of the premises served by the sewerage facilities and for which such calculation is proposed to be made;
3. Reasons supporting use of a metering device or calculation of estimated volumes, as appropriate; and
4. Such data, statistics or other information deemed necessary or appropriate by the Director to enable him to make the finding or determination specified in Section 13.08.210 or 13.08.220, as appropriate.
B. Permits authorized pursuant to the provisions of Sections 13.08.200 through 13.08.230 shall be subject to reasonable terms and conditions determined necessary or appropriate by the Director in order to carry out the provisions of and ensure compliance with this chapter, or other requirements of law.
C. No such permit shall be issued until all applicable fees and charges established pursuant to this chapter have first been paid. (Ord. 771 § 1 (part), 1975)
13.08.240 Charges and fees—User classifications.
For the purpose of imposing the charges and fees authorized in Sections
13.08.240 through 13.08.260, the City Council, by resolution, shall establish user classifications based upon standard limitations upon wastewater characteristics, constituents and volumes uniformly applicable to users within each such classification, and shall establish terms and conditions for payment and collection of such charges and fees. (Ord. 771 § 1 (part), 1975)
13.08.250 Sewer service charges and fees established.
The City Council hereby establishes the following schedule of user charges and fees by the classifications set forth. The fees and charges are for the use and maintenance of the sewage facilities and services furnished to and for the user premises.
The City Council finds that the fees and charges herein provide a fair and equitable sharing of the costs of sewage facilities and services for the users.
The schedule of users, fees and charges is as follows:
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Per dwelling unit |
$359.14/yr. |
$438.14/yr. |
$490.72/yr. |
|
|
|
|
|
|
Commercial: |
|
|
|
|
Bakeries and Restaurants |
$5.70/Ccf |
$6.96/Ccf |
$7.80/Ccf |
|
Markets with Garbage Disposals and Mortuaries |
$5.60/Ccf |
$6.84/Ccf |
$7.66/Ccf |
|
All Others: Greater amount of |
$359.14/yr. or $3.64/Ccf |
$438.14/yr. or $4.44/Ccf |
$490.72/yr. or $4.98/Ccf |
|
|
|
|
|
|
Institutional: |
|
|
|
|
Hospital |
$3.64/Ccf |
$4.44/Ccf |
$4.98/Ccf |
|
All Others |
$3.44/Ccf |
$4.20/Ccf |
$4.70/Ccf |
|
Industrial: Volume |
$3.12/Ccf |
$3.80/Ccf |
$4.26/Ccf |
|
Plus |
$0.2180/lb. BOD |
$0.2660/lb. BOD |
$0.2979/lb. BOD |
|
Plus |
$0.2290/lb. SS |
$0.2794/lb. SS |
$0.3130/lb. SS |
|
Plus |
$10.76/Connection |
$13.12/Connection |
$14.70/Connection |
(Ord. 1375 § 2, 2006)
13.08.260 Charges and fees—Permits and services.
The City Council shall, by resolution, establish a schedule of fees to be imposed upon and collected from applicants or users, to defray the costs of processing and issuing the following permits or performing the following services:
A. Stormwater or groundwater drainage connection permit, Section 13.08.110;
B. Unpolluted water permit, Section 13.08.120;
C. Garbage grinder permit, Section 13.08.130;
D. Direct discharge permit, Section 13.08.100;
E. Holding tank waste permit, Section 13.08.140;
F. Determination and approval of use of metered wastewater volumes, and metered volume permit, Sections 13.08.210 and 13.08.230;
G. Determination and approval of use of estimated wastewater volumes, and established volume permit, Sections 13.08.220 and 13.08.230;
H. Mandatory wastewater discharge permit, Sections 13.08.030 and 13.08.060;
I. Optional wastewater discharge permit, Sections 13.08.040 and 13.08.060;
J. Review of proposals for protection against accidental discharges, Section 13.08.290;
K. Inspection, monitoring and sampling, Sections 13.08.300 and 13.08.370;
L. Such other services expressly or reasonably required to be performed pursuant to this chapter and specified in the resolution establishing the fees herein authorized. (Ord. 928 § 6, 1984: Ord. 771 § 1 (part), 1975)
13.08.270 Special agreements with the City.
The provisions of this chapter shall not be deemed a limitation upon the City or the Authority to enter into agreements, and to recover costs relating thereto, with any user, relating to treatment, pretreatment, or other matters in furtherance of the provisions of this chapter and the purposes thereof, and not inconsistent therewith, when unique, unusual or extraordinary circumstances require such special agreements; provided, however, that no such agreement shall authorize an extension of the final dates for compliance with required federal standards, nor waive such standards. (Ord. 928 § 5, 1984: Ord. 771 § 1 (part), 1975)
13.08.280 Pretreatment required when—Facilities.
A. Pretreatment of wastes or wastewater shall be furnished by every user on the user’s premises when such waste or wastewater, prior to pretreatment, does not comply with the minimum acceptable requirements and criteria therefor for discharge into the sewerage facilities, as set forth in Sections 13.08.050 and 13.08.100 through 13.08.190. Such pretreatment facilities shall be provided and maintained at the user’s expense and shall be of sufficient design and capacity to pretreat waste or wastewater discharged from the premises into the sewerage facilities to a level meeting such minimum requirements, and such other requirements established by the Director and reasonably necessary or appropriate for the sewerage facilities to treat adequately such waste or wastewater under normal operating and treatment conditions.
B. Prior to the installation of such pretreatment facilities, plans and specifications therefor shall be submitted to the Director, together with such data and descriptive material relating to the waste or wastewater prior to and after such proposed pretreatment as the Director may require, in order that the Director may ascertain the wastewater constituents and characteristics and volume of the wastewater discharge after pretreatment. The user shall make such modifications, changes or amendments to such plans and specifications as the Director may reasonably require in order that the provisions of this chapter, or any permit issued or to be issued pursuant to this chapter, shall be complied with. Upon approval of such plans and specifications by the Director, the user may proceed with the construction thereof; provided, however, that such approval shall not be deemed to waive or modify any other requirement of this chapter, or of any permit issued pursuant to this chapter, or of any other requirements of law.
C. Approval of plans and specifications of pretreatment facilities pursuant to this section shall not relieve the user from the responsibility of modifying such pretreatment facilities as necessary to produce effluent therefrom complying with all pertinent provisions of this chapter, or any permit issued pursuant to this chapter, or any other requirement of law. Any proposed cessation of use, or alteration, modification or other change to approved pretreatment facilities, or any portion thereof, or any change in method of operation thereof, shall be reported to the Director prior to commencement thereof, and shall be subject to such terms, conditions or requirements as the Director may reasonably require in order to ensure compliance with the provisions
of this chapter, or any permit issued pursuant to the provisions of this chapter. (Ord. 771 § 1 (part), 1975)
13.08.290 Protection against accidental discharges.
A. Every user shall provide protective measures against accidental or unauthorized discharges of prohibited wastes, wastewater constituents or characteristics, or volumes into the sewerage facilities, as set forth in Sections 13.08.050 and 13.08.100 through 13.08.190 of this chapter, or as may be otherwise set forth in any permit issued pursuant to this chapter. Such measures shall consist of operational or other procedures and/or facilities as determined reasonably necessary or appropriate by the Director. All costs of such measures shall be borne by the user.
B. The Director may specify standard procedures and/or facilities for each classification of user and, to the extent so specified, he is hereby authorized and directed to require the institution and use of such procedures, and the installation and construction of such facilities for each such classification. Alternatively, the Director may require any user to propose such procedures and/or facilities, which proposals shall be submitted to the Director for review, with such supporting plans, specifications, data, explanations, or other matters as may reasonably be required by the Director in order to ascertain the effectiveness of the procedures and/or facilities proposed.
C. The Director may require such revisions, amendments, modifications or other changes to such proposals, or approve or reject the same, as the Director deems reasonably necessary or appropriate in order that such proposals ensure protection against accidental or unauthorized discharge. (Ord. 771 § 1 (part), 1975)
13.08.300 Monitoring facilities.
A. The Director may require a user to construct, operate and maintain, at the user’s own expense, monitoring, sampling or metering facilities or other equipment to allow inspection, sampling and flow measurement of the user’s building sewer, or internal drainage systems, or waste or wastewater discharges. Such monitoring, sampling or metering facilities or equipment shall be located on the user’s premises; provided, however, that the Director may allow such equipment or facility to be constructed upon public property adjacent to the user’s premises upon a determination by the Director that location of such equipment or facilities upon the user’s premises would be impracticable or cause unnecessary or undue hardship. In the event that the Director makes the foregoing determination, and the public property upon which such facilities or equipment are proposed to be constructed or installed is outside the City, the user shall obtain permission for such installation or construction, and for the maintenance and operation of such facilities or equipment, from the governmental agency having jurisdiction over such public property.
B. Monitoring, sampling or metering facilities or equipment to be provided, installed, maintained and operated pursuant to the provisions of this section shall be so situated and constructed and installed as to permit safe and immediate access thereto by the Director; provided, however, that the Director may, at the option of the user, secure such equipment or facilities with a lock furnished by the Director, at the expense of the user. The user shall provide sufficient space, as determined by the Director, at or near such equipment or facilities, so as to allow ready and accurate monitoring, sampling and compositing of samples for analysis. Such equipment and facilities, and the sampling and measuring equipment to be maintained and operated in connection therewith, shall be so maintained and operated at all times in a safe and proper condition, by and at the expense of the user.
C. Monitoring, sampling or metering equipment or facilities to be furnished pursuant to the provisions of this section shall be provided in accordance with all reasonable requirements of the Director relating thereto, and all applicable construction standards and specifications of the City or governmental jurisdiction wherein such equipment or facilities are located. Installation and construction of such facilities or equipment shall be completed within ninety days following written notification requiring such installation or construction from the Director; provided, however, that the Director may, at his discretion, extend the time of performance of such installation or construction. (Ord. 771 § 1 (part), 1975)
13.08.310 Unauthorized discharge—Notice requirements.
A. Notice to Director. Every user shall notify the Director immediately upon discharging wastes or wastewater in violation of the provisions of this chapter, or any permit issued pursuant to this chapter. A user who discharges, causes to be discharged or permits to be discharged such wastes or wastewater shall, within fifteen days of the occurrence thereof, submit a written report to the Director describing the cause or causes of such unauthorized discharge, and the measures taken or proposed to be taken to prevent future similar occurrences. Such report shall not relieve any user of liability for any expense, loss or damage suffered or incurred by the City or Authority, directly or indirectly, by reason of such unauthorized discharge. Such report shall not relieve or absolve any person from civil liabilities or imposition of civil or criminal penalties in any manner whatsoever.
B. Notices to Employees. Every nondomestic user, every user issued a mandatory wastewater discharge permit pursuant to Section 13.08.030, and every user issued an optional wastewater discharge permit pursuant to Section 13.08.040, shall prominently post a notice on the user’s premises advising of the requirement to notify the Director of any unauthorized discharge, including the telephone number of the Director to be called in the event of such discharge. The Director may require any user to inform and advise his officers, agents and employees of any particular provisions of this chapter, any permit issued pursuant to this chapter or other requirements of law, or of any other information which may be of assistance in ensuring compliance with said chapter, permit or other requirements of law. (Ord. 771 § 1 (part), 1975)
13.08.320 Unauthorized discharge—Cease and desist order.
Upon determination by the Director that a discharge of waste or wastewater has occurred, or is occurring, or is about to occur, in violation of any provision of this chapter, or of any provision of any permit issued pursuant to this chapter, the Director may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge, and further order such person to:
A. Comply forthwith with the provisions of this chapter, or the provisions of any permit issued pursuant to this chapter;
B. Comply in accordance with a time schedule established by the Director; and/or
C. Take appropriate remedial or preventative action. (Ord. 771 § 1 (part), 1975)
13.08.330 Unauthorized discharge—Abatement schedule.
Upon a determination by the Director that a discharge of waste or wastewater has occurred, or is occurring, or is about to occur in violation of the provisions of this chapter, or in violation of any provision of a permit issued pursuant to this chapter, the Director may require the person or user having so discharged or discharging, or about to discharge, to submit for approval, subject to such modifications, terms and conditions as the Director reasonably deems necessary or appropriate, a detailed time schedule of specific actions which the person or user shall take in order to eliminate or prevent such violation or violations. (Ord. 771 § 1 (part), 1975)
13.08.340 Unauthorized discharge—Emergency corrections.
A. In the event repairs, construction or other public work is performed on any premises pursuant to any provision of law relating to the emergency performance of public work and the expenditure of public funds therefor, or pursuant to any other provision of law authorizing public work on private property in order to correct, eliminate or abate a condition upon such premises which threatens to cause, causes or caused damage to the sewerage facilities, or which otherwise threatened to cause, causes or caused a violation of any provision of this chapter, or of any permit issued pursuant to this chapter, or of any other requirement of law, the user responsible for the occurrence or condition giving rise to such work, the occupant and owner of the premises shall be liable, jointly and severally, to the City and/or the Authority for such public expenditure.
B. If such user, occupant or owner shall fail to pay the full amount of such public expenditures within thirty days after billing therefor, the City Council may, by order entered upon its minutes, declare that such amount, and the administrative expenses incurred by the City and/or Authority incident to such expenditures, shall be transmitted to the County Assessor and County Tax Collector by copy of the order so providing, certified by the City Clerk. Upon making such order, the unpaid amount shall constitute a lien upon the premises, and the amount thereof shall be added to the next succeeding tax bill against such property, and shall be collectable at the same time and in the same manner as general municipal taxes are collected, and shall be subject to the same penalties and procedure in case of delinquency. (Ord. 771 § 1 (part), 1975)
13.08.350 Unauthorized discharge—Liability for damage.
A. In the event damages are caused to the sewerage facilities, or any portion thereof, by reason of a waste or wastewater discharge from any premises in violation of the provisions of this chapter, or of any permit issued pursuant to this chapter, or of any other requirement of law, the user responsible for the occurrence or condition giving rise to such damages, the occupant, and the owner of the premises shall be liable, jointly and severally, to the City and/or Authority, for the full amount thereof.
B. If such user, occupant or owner shall fail to pay the full amount of such damages within thirty days of billing therefor, the City Council may, by order entered upon its minutes, declare that such amount and the administrative expenses incurred by the City and/or the Authority incident to such damages, shall be transmitted to the County Assessor and County Tax Collector by copy of the order so providing, certified by the City Clerk.
C. Upon making such order, the unpaid amount shall constitute a lien upon the premises, and the amount thereof shall be added to the next succeeding tax bill against such property, and shall be collectable in the same manner as general municipal taxes are collected, and shall be subject to the same penalties and procedures in case of delinquency. (Ord. 771 § 1 (part), 1975)
13.08.360 Discharge reports.
A. Upon a determination by the Director that such information is necessary or appropriate for him reasonably to carry out the provisions of this chapter, he may require that any person discharging, causing to be discharged, permitting to be discharged or proposing to discharge wastewater into the sewerage facilities shall file a periodic discharge report, the cost of which shall be borne by such person.
B. Such report may include, but shall not necessarily be limited to information relating to the nature of manufacturing, fabricating or other processes, fresh water or nonwastewater volumes, rates of flow, mass emission rates, production quantities, hours of operation, number and classification of employees, or other information relating to the generation of waste, including wastewater constituents and characteristics, of the pertinent wastewater discharge. The Director may also require that such reports include the chemical constituents and quantity of liquid or gaseous materials stored on the premises relating to such discharge, even though such materials are not normally discharged into or become a part of the wastewater in the sewerage facilities.
C. Such reports shall be in addition to self-monitoring reports, information furnished in connection with wastewater discharge permits, or other permits authorized under this chapter.
D. The reports authorized and required under this section shall be filed with the Director periodically and/or at such other times as the Director may reasonably require. (Ord. 771 § 1 (part), 1975)
13.08.370 Inspection and sampling.
A. The Director is authorized to inspect the premises of any user at all reasonable times to ascertain whether the provisions of this chapter, or the provisions of any permit issued pursuant to this chapter, are being complied with. Owners or occupants of premises where wastewater is created, held or discharged shall allow the Director ready access at all such reasonable times to all parts of the premises for the purposes of inspection, sampling, monitoring or performing any or all of the duties reasonably necessary or appropriate in carrying out or enforcing the provisions of this chapter, or any permit issued pursuant to this chapter.
B. The Director shall further have the right to install and use on the user’s premises such devices as are reasonably necessary or appropriate to conduct sampling, metering or monitoring operations or other of the aforesaid duties.
C. In the event a user has established security measures requiring identification and clearance prior to entry onto such user’s premises, the user shall furnish and provide such identification or clearance to the Director so as to permit ready access of the Director to the premises for the purposes described in this section. (Ord. 771 § 1 (part), 1975)
13.08.380 Public information requirements—Confidentiality.
A. All information and data furnished by or regarding the operations of a user, obtained from reports, questionnaires, permit applications, permits, monitoring programs, inspections, or from other sources provided or required under the provisions of this chapter, shall be available to the public or other governmental agencies without restriction unless the user requests in writing that such information be maintained confidential, and establishes to the satisfaction of the director that the disclosure of the information to other persons would result in unfair competitive disadvantage to the user; provided, however, that in no event shall wastewater constituents, characteristics or volumes be deemed confidential information.
B. Notwithstanding the foregoing, information approved by the Director as confidential shall be available for use by the City, the Authority, the State, the Federal Government, or any agency of said entities, in connection with enforcement proceedings, or any judicial proceedings to which the user is a party. Subject to the foregoing, information accepted by the Director as confidential shall not be transmitted to any governmental agency, or to the general public by the Director, until and unless prior written notification is given to the user. (Ord. 771 § 1 (part), 1975)
13.08.390 Enforcement responsibility.
The primary responsibility for enforcement of the provisions of this chapter shall be vested in the Director; provided, however, that the Director shall be and is hereby authorized and empowered to delegate his authority hereunder to such officers, employees or agents of the City or the Authority as he shall designate; and provided further, that field inspectors or other employees of the Authority, upon written certification thereof from the Authority to the Director, are hereby authorized to act as enforcement agents of the City for and on behalf of the Director with power to inspect and issue notices for violations of the provisions of this chapter. Notwithstanding the foregoing, all actual prosecutions for violations of any of the provisions of this chapter, including, without limitation, levying of fines, termination of service, revocation of permits, and civil and criminal court actions, shall be the exclusive responsibility of the City. (Ord. 771 § 1 (part), 1975)
13.08.400 Termination of service.
A. Subject to the provisions of this section, the City may terminate sanitary sewerage services to any premises from which wastes or wastewater have been discharged, are being discharged, or are threatened to be discharged, in violation of any provision of this chapter or of any permit issued pursuant to this chapter or of any other requirement of law.
B. Notification of intention to terminate service shall be given by the Director to the user or person found by the Director to be in violation of such provision or requirement, which notice shall state the time, date and place the hearing shall be held by the City council upon the question of termination, which date shall be not less than ten days after giving such notice. If the person so found to be in violation is not the owner or occupant of the premises, such notice shall also be given to the occupant, and in all cases shall be given by mail to the owner of the premises at the address shown therefor on the last equalized assessment roll in the office of the county assessor.
C. Any owner of the premises, the user, or the person determined to be in violation of the provisions of this chapter, or of any permit issued pursuant to this chapter, or of any other requirement of law, the Director, and such other persons as the council may deem appropriate, shall be heard at the hearing on the question of termination of service.
1. If, upon completion of the hearing, the Council finds that no violation of the provisions of this chapter, or of any permit issued pursuant to this chapter, or of any other requirement of law, has occurred, the Council shall order that service shall not be terminated to the premises.
2. If, upon completion of the hearing, the Council determines that such a violation has occurred, or is occurring, or is about to occur, the Council may order that service shall be terminated, or may order that services shall be terminated within a specified period of time unless such violation, or the conditions or activities threatening such violation, cease forthwith, or within the specified period of time, or the Council may make such other order as it deems appropriate under the circumstances and in furtherance of the purposes and intent of this chapter. (Ord. 771 § 1 (part), 1975)
13.08.410 Revocation of permits.
The Director may revoke any permit issued pursuant to the provisions of this chapter upon a determination by him that:
A. The permittee has failed to report factually the wastewater constituents, characteristics or volume of the permitted wastewater discharge;
B. The permittee has failed to report significant or substantial changes in the operations conducted upon the premises to which the permit pertains, or significant or substantial changes in wastewater constituents, characteristics or volumes pertaining to such premises; or
C. The permittee has refused, or failed to permit, reasonable access to the premises to which the permit pertains; or
D. The permittee has violated, caused to be violated, or permitted to be violated, any term, conditions or provision of the permit. (Ord. 771 § 1 (part), 1975)
13.08.420 Appeals procedure.
A. Any user, permittee, applicant or other person aggrieved by any decision, action, finding, determination, order or directive of the Director, made or authorized pursuant to the provisions of this chapter, or any permit issued pursuant to this chapter, or interpreting or implementing the same, may file a written request with the Director for reconsideration thereof within ten days of such decision, action, finding, determination or order, setting forth in detail the facts supporting such user’s or person’s request for reconsideration. The Director shall render a final decision within ten days of the receipt of such request for reconsideration.
B. Any user, permittee, applicant or other person aggrieved by the final determination of the Director may appeal such determination to the City Council within ten days of notification by the Director of his final determination. Written notification of such appeal shall be filed with the City Clerk within ten days after notification of the final determination of the Director, and shall set forth in detail the facts and reasons supporting the appeal.
C. Hearing on the appeal shall be heard by the City Council within thirty days from the date of filing the notice of appeal. The appellant, the Director, and such other persons as the Council may deem appropriate, shall be heard at the hearing on such appeal. Upon conclusion of the hearing, the Council may affirm, reverse or modify the final determination of the Director as the Council deems just and equitable, and in furtherance of the provisions, purposes and intent of this chapter. During the pendency of any such appeal, the final determination of the Director shall remain in full force and effect. The Council’s determination on the appeal shall be final. (Ord. 771 § 1 (part), 1975)
13.08.430 Providing false information.
It is unlawful for any person knowingly to make any false statement, representation, record, report, plan or other document filed with the Director pursuant to the provisions of this chapter, or of any permit issued pursuant to this chapter, or who knowingly tampers with or otherwise renders inaccurate any monitoring device or equipment installed and operated pursuant to the provisions of this chapter, or of any permit issued pursuant to this chapter. (Ord. 771 § 1 (part), 1975)
13.08.440 Public nuisance conditions—Abatement.
Any discharge, or threatened discharge, or any condition which is in any manner in violation of the provisions of this chapter, or of any permit issued pursuant to this chapter, or of any order or directive of the Director authorized by this chapter, shall be, and the same is hereby declared to be unlawful and a public nuisance. Such nuisance may be abated, removed or enjoined, and damages assessed therefor, in any manner provided by law. (Ord. 771 § 1 (part), 1975)
13.08.450 Violation—Remedies cumulative.
The remedies provided for in this chapter shall be cumulative and not exclusive, and shall be in addition to any or all other remedies available to the City. (Ord. 771 § 1 (part), 1975)
13.08.460 Violation—Penalty.
A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the City is guilty of a misdemeanor, unless the violations is made an infraction by ordinance.
B. Except in cases where a different punishment is prescribed by any ordinance of the City, any person convicted of a misdemeanor for violation of an ordinance of the City is punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.
C. Any person convicted of an infraction for violation of an ordinance of the City is punishable by:
1. A fine not exceeding one hundred dollars for a first violation;
2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; or
3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.
D. Each person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and he shall be punishable accordingly.
E. In addition to the penalties set out in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. (Ord. 978 § 2 (part), 1987)