60.04.010 Purpose.

A. The purpose of this chapter is to provide for the maximum beneficial public use of the City’s wastewater system through adequate regulation of sewer construction, sewer use and industrial wastewater discharge, to provide for equitable distribution of the City’s costs, and to provide procedures for complying with wastewater discharge requirements placed upon the City through interagency agreement or by other regulatory bodies.

B. To comply with stated policies of the Federal government and to permit the City to meet increasingly higher standards, provisions are made in this chapter for the regulation of industrial wastewater discharges. This chapter establishes quantity and quality limitations on industrial wastewater discharges. Methods of cost recovery from industrial wastewater discharges are also established where the discharges impose inequitable collection, treatment or disposal costs on the City. (Ord. 1795; Ord. 1782)

60.04.014 Scope.

A. This chapter shall be interpreted in accordance with the definitions set forth herein and the provisions of this chapter shall apply to the direct or indirect discharge of all waste into the City’s wastewater system.

B. This chapter, among other things, provides for the regulation of sewer construction in areas within the City’s boundaries, the quantity and quality of discharged wastes, the degree of waste pretreatment required, the setting of waste discharge fees to provide for equitable distribution of costs, the approval of plans for sewer construction, the issuance of permits for industrial wastewater discharge and of other miscellaneous permits, and the establishment of penalties for violation of this chapter.

60.04.016 Policy.

A. The City builds and operates and/or contracts for public sewers and wastewater facilities collectively known as the City’s wastewater system, which serves homes, industries and commercial establishments. The following policies apply to wastewater discharges within the City’s boundaries and to other discharges that are tributary to the City’s wastewater facilities.

B. Generally, wastewater originating within the City’s boundaries will be removed by the City’s wastewater system provided the wastewater will not:

1. Damage structures;

2. Create nuisances such as odors;

3. Menace public health;

4. Impose unreasonable collection, treatment or disposal costs on the City;

5. Interfere with wastewater treatment processes;

6. Exceed quality requirements set by regulatory government agencies or interagency agreements; or

7. Detrimentally affect the local environment.

C. The City is committed to a policy of wastewater renovation and reuse in order to provide an alternate source of water supply and to reduce the overall costs of wastewater treatment and disposal. The renovation of wastewater through secondary and/or tertiary wastewater treatment processes will necessitate stringent quality requirements on industrial wastewater discharges so as to facilitate such wastewater renovation.

D. Recovery and reuse procedures established by industrial wastewater dischargers themselves to meet the limitation set on their discharges are preferred by the City over those procedures designed solely to meet wastewater discharge limitations. Methods providing for beneficial reuse of otherwise wasted resources is the preferred method of industrial wastewater treatment wherever feasible.

E. Optimum use of the City’s wastewater facilities may require that certain industrial wastewater be discharged during periods of low flow in the City’s wastewater system.

60.04.020 Definitions.

A. Unless otherwise defined herein, terms relating to water and wastewater shall be defined in accordance with 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.

B. The following terms used in this chapter shall be defined as follows:

1. “Applicant” shall mean a person, firm or corporation who applies for connection to a public sewer, approval of plans to construct, to modify wastewater facilities or a Permit for Industrial Wastewater Discharge.

2. “Director” is the Director of Public Services.

3. “Discharger” shall mean any person that discharges or causes a discharge of wastewater directly or indirectly to a public sewer.

4. “Domestic wastewater” shall mean the liquid and waterborne wastes derived from the ordinary living processes in a dwelling unit, said wastes being of such character as to permit satisfactory disposal, without special treatment, into a public sewer.

5. “Food establishment” shall mean any facility that prepares, serves or processes food for consumption by the public.

6. “Industrial wastewater” shall mean all wastewater, excluding domestic wastewater, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, service, agricultural, food preparation, or other operation. These may also include wastes of human origin similar to domestic wastewater.

7. “Mass emission rate” shall mean the weight of a specific material discharged to the public sewer during a given time interval.

8. “Person” shall mean any individual, partnership, entity, firm, association, corporation or public agency including the State of California and the United States of America.

9. “Public sewer” shall mean a sewer owned and operated by the City which is tributary to treatment facilities operated or utilized by the City of Coronado.

10. “Standard methods” shall mean procedures described in the current edition of Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.

11. “Suspended solids” shall mean any insoluble material contained as a component of wastewater and capable of separation from the liquid portion of said wastewater by laboratory filtration as determined by the appropriate testing procedure and standard methods.

12. “Treatment facilities” shall mean treatment works actually used in the treatment of wastewater or for the reclamation of wastewater.

13. “Waste” shall mean any and all waste substances, liquid or 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 wastes placed within containers of whatever nature, prior to and for the purpose of disposal via a public sewer.

14. “Wastewater” shall mean waste and water, whether treated or untreated, discharged into or permitted to enter a public sewer.

15. “Wastewater constituents and characteristics” shall mean the individual chemical, physical, bacteriological or radiological parameters, including volume, flow rate and such other parameters that define, classify or measure the quality and quantity of wastewater.

16. “Wastewater system or facilities” shall mean any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater.

17. “Lateral” shall mean a pipe or other conduit that transports sewage from a source to a collector main, said main being located in a public right-of-way. The installation, maintenance and operation of a lateral shall be the responsibility of the property owner including the lateral connection to the public collector main.

60.04.030 Administration.

A. The Director shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Director may be delegated by the Director to persons in the employ of the City.

B. The Director is authorized to make and enforce supplemental regulations necessary for the administration of this chapter. The Director may amend such administrative regulations from time to time as conditions require. These administrative regulations shall be consistent with the general policy established in this chapter.

C. The Director shall keep a permanent and accurate account of all fees and charges received under this chapter, giving the names and addresses of the persons on whose account the fees and charges were paid, the date and amount thereof and the purpose for which charges were paid.

D. Unless otherwise provided herein, whenever the fees and charges required by this chapter are based on estimated values or estimated quantities, the Director shall make such determinations in accordance with established estimating practices.

E. The Director will approve plans for wastewater facilities construction, issue a permit for industrial wastewater discharge or any other permit under this chapter only if the Director determines that the wastewater facilities construction, sewer connection, industrial wastewater discharge or other procedure conforms to the requirements of this chapter.

F. Any time limit provided in any written notice or in any provision of this chapter may be extended only by a written directive of the Director.

60.04.040 Notice.

A. Unless otherwise provided herein, any notice required to be given by the Director under this chapter shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the Director. Where the address is unknown, service may be made upon the owner of record of the property involved.

B. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service.

60.04.050 Approval of wastewater facility.

A. Any person proposing to construct a wastewater facility shall submit to the Director for approval such construction plans and specifications and other details as required to fully describe the proposed wastewater facility. The plans shall have been prepared under the supervision of and shall be signed by an engineer of suitable training registered in the State of California.

B. All required fees and charges shall be paid before approval of plans and specifications.

60.04.060 Availability of the City’s wastewater facilities.

If wastewater facilities capacity is not available, the Director may require the industrial waste discharger to restrict his discharge until sufficient capacity can be made available. When requested, Director will advise persons desiring to locate new facilities as to the areas where industrial wastewater of their proposed quantity and quality can be received by available wastewater facilities. The Director may refuse service to persons locating facilities in areas where their proposed quantity or quality of industrial wastewater is unacceptable in the available collection and/or treatment facility.

60.04.070 Reserved.

60.04.080 Reserved.

60.04.090 Reserved.

60.04.100 Permit required for discharge.

A discharge permit must first be obtained from the Director before discharging any of the following into a public sewer:

A. All wastewater discharges which are required to be controlled by Federal, State of California or local regulations or which interfere with the operation and maintenance of the sewer system and wastewater treatment facilities;

B. All industrial wastewater; and

C. Wastewater discharged into public sewers from facilities engaged in preparing food for consumption by the public.

60.04.110 Application for discharge permit.

A. Persons seeking a discharge permit shall complete and file with the Director an application in the form prescribed by the Director and accompanied by the applicable fees as set forth in the Master Fee Schedule as modified from time to time by resolution of the City Council. The technical data submitted shall be projected or actual, dependent upon applicable circumstance. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:

1. Name, address and Standard Industrial Classification number of applicant;

2. Volume of wastewater to be discharged;

3. Proposed wastewater constituents and characteristics as determined by a laboratory approved by the City;

4. Time and duration of discharge;

5. Average and 30-minute peak wastewater flow rates, including daily, monthly and seasonal variation if any;

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

7. Plans or diagrams depicting location of on-site sewer lines pumping stations and any reclamation or pretreatment facilities;

8. Time of food preparation operations (regarding food establishments);

9. Description of food preparation, type, number of meals served, cleanup procedures, dining room capacity, number of employees and size of kitchen (regarding food establishments); or

10. Any other information as may be deemed by the Director to be necessary to evaluate the permit application.

B. The Director will evaluate the data furnished by the applicant and may require additional information. After evaluation and acceptance of the data furnished, an on-site inspection of the waste discharge system, treatment systems or other systems relating to the waste discharge may be required. The Director may then issue a discharge permit subject to terms and conditions provided herein.

60.04.120 Contents of discharge permit.

A. Specificity. Each discharge permit shall be issued to a specific permittee, for a specific location, specific use and specific manner of operation.

B. Term of Discharge Permit.

1. Permits shall be issued for a specified time period, not to exceed five years and shall be stated to expire on a specific date. A permit may be issued for a period less than a year.

2. Multi-year permits for all years other than the last year shall be subject to submission of a renewal request and payment of an annual permit fee 30 days prior to the annual anniversary date of permit issuance. Single year and the last year of multi-year permits shall be subject to submission of an application for a discharge permit and payment of the appropriate permit fee 30 days prior to the permit expiration date.

60.04.130 Permit conditions, general.

A. Discharge permits shall be subject to all provisions of this chapter and all other regulations, user charges and fees established from time to time by ordinance or resolution of the City Council, to include without limitation reimbursement of pertinent costs incurred by the City. The conditions imposed in discharge permits shall be uniformly enforced by the Director in accordance with this chapter, and applicable local, State and Federal regulations.

B. The discharge permit may require quantity or quality restrictions, submission of periodic reports, pretreatment of industrial wastewater before discharge, restriction of peak flow discharges, discharge of certain wastewater only to specified sewers of the City, relocation of point of discharge, prohibition of discharge of certain wastewater components, installation of monitoring and/or metering facilities, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the City created by the wastewater discharge, repayment of costs incurred by the City (relative to compliance tests, violations of the terms of the permit, nonroutine inspections and administrative activities) and such other conditions as may be required to effectuate the purpose of this title.

60.04.140 Permit conditions, special (pretreatment).

A. Permittees shall make wastewater acceptable under the limitations established herein before discharging to any public sewer. Any facilities required to pretreat wastewater to a level acceptable to the Director shall be provided and maintained at the permittee’s sole expense. Detailed plans, compliance schedules and operating procedures shall be submitted to the Director for review and shall be approved by the Director before construction of the facility. The review of such plans and operating procedures will in no way relieve the permittee from the responsibility of modifying the facility as necessary to produce an effluent acceptable under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Director. No permittee shall increase the use of process water or, in any way, attempt to dilute a discharge (except as allowed by Federal pretreatment standards) as a partial or complete substitute for adequate treatment to achieve compliance with any local, State or Federal discharge standard.

B. The Director shall have the authority to impose on the permittee compliance schedules relating to installation of specific pretreatment equipment, filing of reports and achievement of specific discharge conditions including target parameter concentrations.

C. Pretreated wastewater shall conform to categorical pretreatment standards promulgated by the U. S. Environmental Protection Agency (EPA) per authority of the Clean Water Act, Sections 307(b) and (c).

60.04.144 Permit conditions, special (food establishments).

A. Grease Pretreatment.

1. All food establishment permittees shall be required to install an approved type grease pretreatment device in the waste line leading from the food preparation area, or from sinks, drains, appliances and other fixtures or equipment used in food preparation or cleanup where grease may be introduced into the sewerage system. Such grease pretreatment devices shall be installed to remove grease from wastewater and shall be maintained in efficient operating conditions by periodic removal of the accumulated grease. No such collected grease shall be introduced into any drainage piping or public sewer.

2. Each permittee shall also be required to provide a collection drum or container for the purpose of physically segregating oils, greases and greasy solids. Permittees shall establish procedures for personnel to practice maximum segregation of oils, greases and greasy solids to the collection drum or container prior to washing and other cleaning which goes into the sewer. The permittee shall be responsible for the proper removal and disposal by appropriate means of the material captured from either grease pretreatment devices on wastewater lines or the collection drum for segregating oils, greases and greasy solids. Confirmation of proper disposal shall be the responsibility of the permittee.

B. Records and Reports.

1. The permittee shall keep records of grease pretreatment device cleaning, maintenance and grease removal and to report on such maintenance and disposal to the Director.

2. The permittee shall, upon the request of the Director, provide results of periodic measurements of its discharge which is to include chemical analysis of oil and grease content.

60.04.150 Permit conditions, standard.

The following standard conditions shall be incorporated by reference into every discharge permit:

A. Conditions Modifiable by City. The terms and conditions of the discharge permit are subject to modification by the Director at any time during the term of the discharge permit. The permittee shall be informed of any proposed modification at least 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. Any such modifications shall be in writing and shall be incorporated into an amended discharge permit. Modifications to the discharge permit may be made for any of the following reasons:

1. Flows, concentrations or facilities are found not to be in conformance with the discharge permit.

2. State or Federal regulations are modified.

3. Imposition of mass discharge limits.

4. The provisions of Chapter 60.04 CMC are modified.

5. The Director shall have the right to impose mass discharge limits in lieu of, or in conjunction with concentration discharge limits.

B. Supplemental Reports. The Director may at any time, with 30 days’ notice, require the permittee to submit data and/or information in addition to that required in the discharge permit application or elsewhere in the discharge permit. Such supplemental report may include but not be limited to changes in nature of process, volume, hourly rates of flow, mass emission rate, production quantities, hours of operation or other information which relates to the generation of waste, including specified constituents and characteristics of the wastewater discharge. Such report may also include the chemical constituents and quantity of liquid or gaseous materials stored on-site even though they may not normally be discharged.

C. Sampling and Monitoring Facilities.

1. The Director may at any time, with 30 days’ notice, require the permittee to provide results of periodic measurements of its discharge which include chemical analyses and flow. The Director may require a monitoring facility to be furnished and operated at the permittee’s expenses.

2. The permittee making periodic measurements shall furnish and install at an appropriate location, a calibrated flume, weir, flow meter or similar device suitable to measure flow rate and total volume approved by the Director. In lieu of wastewater flow measurement, the Director may accept records of water usage and adjust the flow volume by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharge. The monitoring facility should normally be situated on the permittee’s premises, but the Director may, when such a location would be impractical or cause undue hardship on the user, by encroachment permit separately applied for, 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.

3. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Director’s requirements and shall be completed within 90 days following written notification by the Director unless a time extension is granted by the Director.

4. When required by the Director, the permittee shall make periodic measurements of industrial wastewater flows and constituents shall annually make the number of such periodic measurements as required in the permit. When required by the Director, the permittee shall install and maintain in proper order automatic flow proportional sampling equipment and/or automatic analysis and recording equipment.

5. The Director shall have the right to set up on the permittee’s property such devices as are necessary to conduct sampling or metering operations.

6. All sampling, analysis and flow measurement procedures, equipment, results and records shall be subject at any time to inspection by the Director.

D. Nontransferable Without Approval. Any sale, lease, transfer or assignment of the premises or operation for which the discharge permit was issued shall require notice to the City. The discharge permit is not transferable without City approval, which shall not be unreasonably withheld.

E. Change of Operation. If the permittee changes any condition of operation, an amended discharge permit must first be applied for and obtained.

F. Revocation of Discharge Permit. Upon notice to the permittee with an opportunity to respond, the Director may revoke the discharge permit of any permittee who is found to be in violation of this chapter or applicable local, State or Federal regulations or who:

1. Fails to factually report the wastewater constituents and characteristics of its discharge;

2. Fails to report significant changes in operations or wastewater constituents and characteristics;

3. Refuses reasonable access to the permittee’s premises for the purpose of inspection or monitoring;

4. Fails to pay for other than the last year of a multi-year permit, appropriate charges, fees and reimbursements within 30 days prior to the annual anniversary date of permit issuance;

5. Fails to pay compliance costs within 30 days following billing;

6. Causes or threatens to cause a condition of contamination, pollution, or nuisance;

7. Fails to install grease pretreatment devices as required by the permit (regarding food establishments);

8. Fails to fulfill reporting requirements or pretreatment maintenance as required by the permit (regarding food establishments);

9. Violates a condition of the permit;

10. Transmits false information relative to its operations or discharge; or

11. Fails to file the appropriate renewal forms and pay the annual discharge permit fees by the anniversary or expiration date, as appropriate.

G. Records Retention.

1. The permittee shall retain and preserve for not less than three years any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof relating to monitoring, sampling and chemical analyses made by or on behalf of a permittee in connection with its discharge.

2. All records which pertain to matters which are the subject of administrative action or any other enforcement or litigation activities brought by the City shall be retained and preserved by the permittee until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

3. The City, through its representatives or inspectors, shall have the right to inspect and copy pertinent records relating to a permittee’s wastewater discharge or pretreatment operations including inventories, chemical usage, materials, sources, hazardous materials manifests and disposal records, treatment and operations log books and materials invoices.

H. Access to Permittee’s Premises. The permittee shall give to authorized personnel of the City, at all reasonable times including those occasioned by emergency conditions, access to all parts of the premises of the permittee’s facilities for purposes of sampling or in the performance of any of their duties. Where a permittee has security measures in force, the permittee shall make the necessary arrangements with their security guards so that upon presentation of suitable identification, personnel of the City shall be permitted to enter without delay.

I. Protection from Accidental Discharge.

1. The permittee shall provide protection from accidental discharge of prohibited materials or from other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the permittee’s own cost and expense.

2. In the case of an accidental discharge, it is the responsibility of the permittee to immediately notify both the Director and the City of San Diego Water Utilities Industrial Waste Program (San Diego) of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions. Within five days following an accidental discharge, the permittee shall submit to the Director and to San Diego a detailed written report describing the cause of the discharge and the measures to be taken by the permittee to prevent similar future occurrences. Such notification shall not relieve the permittee of any expense, loss, damages or other liability which may be incurred as a result of damage to any wastewater systems, fish kills or any other damage to persons or property; nor shall such notification relieve the permittee of any fines, civil penalties or other liability which may be imposed by this title or other applicable law. A notice shall be permanently posted on the permittee’s bulletin board or other prominent place advising employees who to call in the event of an accidental discharge. Permittees shall ensure that all employees who may cause, allow or observe such an accidental discharge to occur are advised of the emergency notification procedures.

60.04.160 Annual discharge permit fee.

A. A discharge permit fee will be collected annually from all permittees.

B. The amount of the annual permit fee will be established from time to time by a resolution of the City Council. Prior to considering any change in said permit fee, a public hearing will be conducted by the City Council upon 10 days, published notice.

C. The annual permit fee shall include expenses incurred by the City for permit processing, data evaluation, routine on-site inspections, monitoring, sampling or chemical analysis whether performed by the City or other entity acting in the City’s behalf. Costs relative to permit violations are not included in the annual permit fee and will be billed separately in accordance with the provisions stated on the discharge permit.

60.04.170 Amended discharge permit.

A. Any person desiring to discharge wastewaters or use facilities which are not in conformance with a valid discharge permit shall apply to the Director for an amended permit.

B. The Director shall issue an amended discharge permit with such conditions as appropriate. Costs related to issuance of an amended permit shall be charged to the permittee.

60.04.180 Inspection and sampling.

A. Adequate identification shall be provided by the Director for all inspectors and other authorized personnel and those persons shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor.

B. Inspection and sampling of every facility that is involved directly or indirectly with the discharge of wastewater to the City’s wastewater system may be made by the Director as he deems necessary. These facilities shall include, but not be limited to, sewers, wastewater pumping stations, pollution control plants, all industrial processes, food establishment facilities or other facilities which discharge grease and oil at levels which cause blockages to the sewer, industrial wastewater generation, conveyance and pretreatment facilities, and all similar wastewater facilities. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the provisions of this chapter.

C. The data obtained in these samplings along with any other relevant information obtained by the Director or presented by the permittee, shall be used by the Director in determining the sewer service charge.

60.04.900 Prohibitions.

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

B. Falsifying of Information. Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the Director or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be guilty of a misdemeanor.

C. Malicious Damage to City Facilities. Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing or tampering with any structure, equipment or appurtenance which is a part of the City’s wastewater system shall be a violation of this chapter.

D. Interference with Inspector. No person shall interfere with, delay, resist or refuse entrance to an authorized City inspector attempting to inspect any wastewater generation, conveyance or treatment facility connected directly or indirectly to the City’s wastewater system.

E. Limitations on Point of Discharge. No person shall discharge any substance(s) directly into a manhole or other opening in a public sewer other than through an approved sewer connection.

F. Septic Tank and Other Liquid Waste. Trucked septic tank, seepage pit, interceptor, or cesspool contents, industrial wastewater or other liquid waste shall not be discharged to the City’s public sewers or to facilities that discharge directly or indirectly to such public sewers.

G. Compliance with Permit. No permittee shall discharge industrial wastewater not in conformity with the quantity or quality limitations set by the discharge permit.

H. Prohibited Items. No person shall discharge or cause to be discharged to a public sewer, which directly or indirectly connects to the City’s wastewater system, the following:

1. Any gasoline, benzene, naphtha, solvent, fuel oil or any liquid, solid or gas that would cause or tend to cause flammable or explosive conditions to result in the wastewater system.

2. Any matter containing toxic or poisonous solids, liquids or gases in such quantities that, alone or in combination with other substances, may create a health hazard for humans, animals or the local environment, interfere detrimentally with wastewater treatment processes, cause a public nuisance, or cause any hazardous condition to occur in the wastewater system.

3. Any matter having a pH lower than 5.0 or greater than 11.0 or having any corrosive or detrimental characteristic that may cause injury to wastewater treatment or maintenance personnel or may cause damage to structures, equipment or other physical facilities of the wastewater system.

4. Any solids or viscous substances or other matter of such quality, size or quantity that they may cause obstruction to flow in the sewer or be detrimental to proper wastewater treatment plant operations. These objectionable substances include, but are not limited to, asphalt, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metal, glass, rags, feathers, tar, wood, whole blood, paunch manure, bones, hair and fleshings, entrails, fatty acids, grease and oil, paper dishes, paper cups, milk containers, or other similar paper products, either whole or ground.

5. Any rainwater, stormwater, groundwater, street drainage, subsurface drainage, roof drainage, yard drainage, water from yard fountains, swimming pools, ponds or lawn sprays or any other uncontaminated water.

6. Any matter having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius), or at a temperature which causes the influent to the waste treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius).

7. Any matter containing more than 500 mg/l of oil or grease.

8. Any strongly odorous matter or matter tending to create odors.

9. Any matter containing over 1.0 mg/l of dissolved sulfides.

10. Any matter with a pH high enough to cause alkaline incrustations on sewer walls.

11. Any matter promoting or causing the promotion of toxic gases.

12. Any matter requiring an excessive quantity of chlorine or other chemical compound used for disinfection purposes.

13. Any excessive amounts of deionized water, steam condensate, distilled water or single pass cooling water.

14. Any radioactive matter, except:

a. 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, and

b. When the matter is discharged in strict conformity with current California Radiation Control Regulations (California Administrative Code, Title 17), and the Nuclear Regulatory Commission regulations and recommendations for safe disposal, and

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

15. Any matter producing excessive discoloration of the wastewater treatment plant effluent.

16. Any toxic materials including, but not limited to, all heavy metals, cyanide, phenols, chlorinated hydrocarbons and other organic compounds unless limited to that concentration which complies with all local, State and Federal discharge limitations, and which does not interfere with the operation of the wastewater facilities.

17. Any substance, liquid, gas or solid waste which would cause a public nuisance or hazard to life, or would be deleterious to the operation of wastewater facilities or to the waters receiving the discharge of the wastewater facilities.

I. Access to Premises. The user, owner and person in possession of any facility directly or indirectly connected to the City’s wastewater system shall allow the City to inspect such facility at any reasonable time, upon reasonable notice. Any permanent or temporary obstruction to easy access to the facility shall promptly be removed by the user, owner or person in possession at the written or verbal request of the Director.

J. Garbage Grinders.

1. No person shall discharge matter from a garbage grinder into a public sewer except matter generated in preparation of food normally consumed on the premises.

2. No person shall use a garbage grinder to grind plastic, paper products, inert materials or garden refuse.

3. Except: Where a permittee has obtained a permit for the use of a garbage grinder from the Director and agrees to undertake whatever self monitoring is required to enable the Director to equitably determine the sewer service 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 the flow condition normally prevailing in the public sewer.

60.04.910 Enforcement.

A. Administration. Any person found to be violating any provision of this chapter shall be served by the Director with written notice stating the location and nature of the violation. Within 30 days after the date of the notice, unless a shorter time is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the Director by the person found to be in violation. If the violation is not corrected by timely compliance, or a satisfactory correction plan submitted within the specified time, the Director may order any person to show cause why enforcement action should not be taken. A written notice shall be served on the person specifying the time and place of a hearing, the reason why the action is to be taken and the proposed enforcement action. The Director may propose any enforcement action reasonably necessary to abate the violation. Based upon the evidence presented at the hearing the Director shall determine the appropriate enforcement action which should be taken, if any.

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 Director may cause the City to seek a petition to the superior court for the issuance of an injunction to restrain the continuances of such discharge.

C. Damage to System. Any person violating any of the provisions of this chapter or who is responsible for a discharge which causes a deposit, obstruction, damage or any other impairment to the City’s facilities shall be liable to the City for all expense, loss and damage occasioned the City by reason of such violation or discharge.

D. Compliance Costs.

1. Persons discharging waste into a City sewer in violation of the provisions of this chapter shall be required to pay for all actual costs incurred by the City in order to bring such person into compliance with this chapter and/or conditions of such person’s discharge permit. Compliance costs include, but are not limited to, the following:

a. Site inspection/investigation;

b. Monitoring and sampling;

c. Laboratory analyses;

d. Hearings and other compliance meetings;

e. Equipment and transportation;

f. Management and overhead;

g. Issuance of notices of violations and other pertinent correspondence.

2. Compliance costs shall be paid within 30 days following billing. Nonpayment of total charges within the specified period will constitute grounds for revocation of a permit and termination of sewer service.

3. The requirement to pay compliance costs, if imposed, is in addition to the annual discharge permit fee.

E. Termination of Sewer Service.

1. The Director may terminate or cause to be terminated any sewer service to any premises if an uncorrected 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.

2. When deemed necessary by the Director for the preservation of public health or safety or for the protection of public or private property, the Director shall notify the sewer service customer, in writing, advising of the intention to suspend sewer service to any person or persons using the wastewater system in a manner or way to endanger the public health or safety, or public or private property. The Director shall conduct a hearing allowing the noticed person to respond.

3. If the endangerment is substantial and imminent, then the Director may act immediately to suspend sewer service without notice or warning to said person or persons. The Director shall notify the affected persons as soon as possible with information regarding the resumption of sewer service.

4. In suspending sewer service, the Director may sever all pertinent connections to the public sewer.

F. Civil Penalties. Any person who violates any provision of this chapter or a condition of a permit, or who discharges wastewater which causes pollution, or who violates any cease and desist order, prohibition, effluent limitation or national pretreatment standard shall be liable civilly for a penalty not to exceed $1,000 for each day in which such violation occurs.

G. Criminal Penalties. Any person who intentionally violates any provision of this chapter or permit condition or who discharges wastewater which causes pollution or who violates any cease and desist order, prohibition, effluent limitation or national pretreatment standard shall be liable, upon conviction, for a sum not to exceed $10,000 for each day in which such violation occurs, or for imprisonment for not more than one year or both.

60.04.920 Discrepancies between actual and reported discharge quantities.

A. No permittee shall discharge a flow rate, or a quantity of flow, chemical oxygen demand, suspended solids or other constituent significantly in excess of that stated on the discharge permit or in excess of the quantities reported to the Director by the permittee and upon which the sewer service charge is based.

B. Should measurements or other investigations reveal that the permittee is in violation of this section, the Director may institute proceedings to revoke the discharge permit or upon application may issue an amended permit.

C. For the purpose of establishing the correct sewer service charge, the data obtained from samplings along with any other relevant information obtained by the Director or presented by the permittee, shall be used by the Director. A permittee who violates this section shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter values during the preceding three years or since the Director’s previous verification of quantity parameters, whichever period is shorter.

D. The permittee shall be assessed for all delinquent charges together with penalty and interest. Before these charges shall be assessed, at least two additional 24-hour samples and flow measurements shall be obtained by the Director with all costs of sampling and analyses to be paid by the permittee.