CHAPTER 8.
WASTEWATER COLLECTION SYSTEM

Sections:

Article 1.    Title and Definitions

7-8.101    Title

7-8.102    Definitions

Article 2.    Building Sewer Lateral

7-8.201    Building Sewer Lateral Required

7-8.202    Sewer Lateral Permit

7-8.203    Building Sewer Lateral Standards, Design, and Materials for Construction

7-8.204    Building Sewer Lateral Standards for Measurements, Tests, and Analyses

7-8.205    Abandonment of Existing Building Sewer Laterals

7-8.206    Building Sewer Lateral Maintenance and Required Inspection

7-8.207    Building Sewer Lateral Inspections, Replacement and Compliance Certificates

7-8.208    Emergency Work by City

7-8.209    Order to Abate

7-8.210    Time Requirement for Emergency Building Sewer Lateral Repair

7-8.211    Adoption of the EBMUD Regional PSL Ordinance by Reference

Article 3.    Sewer Connections

7-8.301    Sewer Connection Fee Fund

7-8.302    Sewer Connection Requirement

7-8.303    Connection Applications

7-8.304    Cost of Sewer Connection

7-8.305    Sewer Connection Fees

7-8.306    Amount of Charge

7-8.307    Construction of Trunk Sewer in Lieu of Payment of Sewer Construction Fees

Article 4.    Sewer Use Regulations

7-8.401    Use of Public Sewers Required

7-8.402    Prohibited Uses

7-8.403    Requirements for Food Service Establishments

7-8.404    Authority to Require Special Treatment Facilities or Measures

7-8.405    Discharge into Storm Drain Prohibited

7-8.406    Prohibited Infiltration/Inflow Discharges

7-8.407    Prohibition on Use of Diluting Waters

7-8.408    Prohibition on Unpolluted Water

7-8.409    Prohibitions on Radioactive Wastes

7-8.410    Limitations on the Use of Garbage Grinders

7-8.411    Limitations on Point of Discharge

7-8.412    Prohibitions on Stored Liquid Wastes

7-8.413    Wastewater Volume Determination: Metered Water Supply

7-8.414    Metered Wastewater Volume and Metered Diversions

7-8.415    Discharge Reports

7-8.416    Mandatory Wastewater Discharge Permits

7-8.417    Monitoring Facilities

7-8.418    Inspection and Sampling

7-8.419    Pretreatment

7-8.420    Protection from Accidental Discharge

7-8.421    Confidential Information

7-8.422    Special Agreements

7-8.423    Septic Tanks and Cesspools Prohibited

Article 5.    Charges and Fees

7-8.500    General

7-8.501.    Sewer Funds Are Established

7-8.502    User Classifications Established

7-8.503    User Rates Established

7-8.504    Collection of User Charges

7-8.505    Appeal Procedures

7-8.506    Special Charges

7-8.507    City User Charges Are in Addition to User Charges Levied by Others

Article 6.    Enforcement

7-8.601    Responsibility

7-8.602    Accidental Discharges: Notification of Discharge

7-8.603    Accidental Discharges: Notices to Employees

7-8.604    Issuance of Cease and Desist Orders

7-8.605    Submission of Time Schedule

7-8.606    Emergency Corrections

7-8.607    Damage to Facilities: Additional Remedy

7-8.608    Right of Entry

7-8.609    Termination of Service

7-8.610    Appeals

7-8.611    Falsification of Information

7-8.612    Public Nuisance

7-8.613    Damage to Sewerage System

7-8.614    Cost Recovery – Building Sewer Lateral Overflows

7-8.615    Administrative Penalties – Noncompliance

7-8.616    Civil Penalties

7-8.617    Misdemeanor

7-8.618    Remedies Cumulative; Attorneys’ Fees

7-8.619    Validity

Article 1.    Title and Definitions

7-8.101 Title.

This chapter shall be known as the “Wastewater Collection System Ordinance of the City of Emeryville.”

(Sec. 1, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 2 (part), Ord. 15-002, eff. March 19, 2015)

7-8.102 Definitions.

Except as otherwise defined in the latest editions of the American Public Works Association Standard Specifications for Public Works Construction, the California Plumbing Code, and the Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation, the terms in this chapter shall be defined as follows:

(a)    “Appropriately licensed contractor” shall mean a contractor with a current State of California contractor’s license required to undertake work associated with the repair or replacement of a building sewer lateral;

(b)    “APWA” shall mean the American Public Works Association;

(c)    “ASTM” shall mean the American Society for Testing and Materials;

(d)    “Building sewer lateral” shall mean the section of sewer pipe that carries sewage and liquid waste from a point two feet (2') from the building or structure served, up to and including the connection to the public sewer. The building sewer lateral is comprised of the upper sewer lateral and lower sewer lateral and is the sole responsibility of the property owner;

(e)    “CCTV” shall mean a closed-circuit television method of inspecting any underground sewer piping system;

(f)    “City” shall mean the City of Emeryville;

(g)    “Cleanout” shall mean a segment of pipe connected to a building sewer lateral which rises vertically to the ground surface and provides access to the building sewer lateral for purposes of routine inspection, flushing, and servicing in order that the building sewer lateral remain free-flowing;

(h)    “Compliance certificate” shall mean a certificate issued by EBMUD indicating that a building sewer lateral complies with the requirements as set forth in the EBMUD Regional PSL Ordinance;

(i)    “Director” shall mean the Director of Public Works for the City of Emeryville and his or her authorized representative;

(j)    “EBMUD” shall mean the East Bay Municipal Utility District, Special District No. 1;

(k)    “EBMUD Regional PSL Ordinance” shall mean the East Bay Municipal Utility District Ordinance No. 359-13, as amended by Ordinance No. 362-14, Regional Private Sewer Lateral Ordinance, its implementation and any future amendments or modifications thereto;

(l)    “Food service establishment” shall mean an operation that prepares, packages, serves, vends, or otherwise provides food for human consumption, including, but not limited to, the following:

(1)    An operation where food is prepared on the premises, regardless of whether there is a charge for the food.

(2)    Permanent and nonpermanent facilities, including, but not limited to, the following:

(i)    Public and private school cafeterias.

(ii)    Restricted food service facilities.

(iii)    Licensed health care facilities.

(iv)    Commissaries.

(v)    Temporary food facilities;

(m)    “FOG” shall mean fats, oils and grease in the sanitary sewer system;

(n)    “Infiltration and inflow (I/I)” shall mean stormwater that enters a sanitary sewer system intended only for wastewater flows;

(o)    “Lower sewer lateral” shall mean that part of the building sewer lateral extending from the property line and/or two (2) way cleanout to the publicly owned sewer main, including the connection to the sewer main;

(p)    “Notice to proceed” shall mean a written notice from the City specifying that the temporary City action preventing the repair or replacement of any part of the building sewer lateral is lifted and, further, that the property owner shall proceed with the repair or replacement of that part of the building sewer lateral such that it is completed and the appropriate compliance certificate be obtained within the specified time limit set by the Director;

(q)    “Notice of violation” shall mean a written notice from the City specifying that a building sewer lateral is not in compliance with this chapter;

(r)    “Person” shall mean and include any individual, firm, association, homeowners’ association, organization, nonprofit organization, partnership, corporation, trust, joint venture, limited liability company, limited liability corporation, public entity, or any other entity with the capacity to own real property created by any of the above;

(s)    “Plumbing Code” shall mean the latest adopted edition of the California Plumbing Code;

(t)    “Property owner” shall mean a person that owns a parcel of real property upon which a building or structure is located with associated plumbing fixtures installed or having waste drainage piping, or a vacant parcel of real property with a lower sewer lateral and/or an upper sewer lateral connected to the sewer main;

(u)    “Public entity” shall mean any of the following: (1) a city or county, (2) a special district or agency of the State formed pursuant to general law or special act for the local or regional performance of governmental or proprietary functions within limited boundaries, (3) an agency or entity created pursuant to the Joint Exercise of Powers Act (California Government Code Section 6500 et seq.), (4) a school district or community college district, (5) the University of California, (6) the California State University, (7) an air pollution control district or an air quality maintenance district, (8) a housing authority, (9) the State of California or the United States of America or any department or agency thereof, or (10) any other entity with the capacity to own real property created by any of the above;

(v)    “Public sewer” shall mean the publicly owned collection system that carries sewage and liquid waste from building sewer laterals to the wastewater treatment facilities;

(w)    “Repair” shall mean a spot mending of an existing building sewer lateral to address a specific section of pipe that is not in compliance with this chapter;

(x)    “Replacement” shall mean that entirely new underground pipes, fittings, joint connections, cleanouts, caps, and other required components of the building sewer lateral are installed and constructed in conformance with this chapter. Complete lining of an existing building sewer lateral in conformance with this chapter shall also be considered a replacement;

(y)    “Sanitary sewer system” shall mean the entire wastewater collection system including public sewers and all building sewer laterals;

(z)    “Sewer main” shall mean the publicly owned sanitary sewer piping system that receives and carries flows of sewage and liquid waste from building sewer laterals to the wastewater treatment facilities. The sewer main does not include any portion of a building sewer lateral;

(aa)    “Stormwater” shall mean natural occurring water created by the weather, underground springs, and surface or subsurface drainage of said water;

(bb)    “Upper sewer lateral” shall mean that part of the building sewer lateral extending from the property line and/or cleanout, running on private property to the building or structure served. When an upper sewer lateral connects to a rear or side yard sewer main located on private property in an easement, the entire lateral, including the connection to the sewer main, shall be considered the building sewer lateral;

(cc)    “Verification test” shall mean a specific on-site testing of the building sewer lateral consisting of a low pressure air or water exfiltration test to ensure the building sewer lateral is free of leaks in compliance with the EBMUD Regional PSL Ordinance and this chapter;

(dd)    “Wastewater” shall mean all sewage, industrial and other waste and waters, whether treated or untreated, discharged into or permitted to enter a sanitary sewer system;

(ee)    “Wastewater treatment facilities” shall mean the wastewater treatment plant operated and maintained by EBMUD near the eastern anchorage of the Bay Bridge as well as the interceptor system that transports wastewater originating from the public sewer.

(Sec. 1, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 2 (part), Ord. 15-002, eff. March 19, 2015)

Article 2.    Building Sewer Lateral

7-8.201 Building Sewer Lateral Required.

(a)    Building Sewer Lateral Required. Every building in which plumbing fixtures are installed and every premises having waste drainage piping shall install, operate and maintain a building sewer lateral connected to the public sewer in conformance with this chapter.

(b)    No Direct Discharges to Public Sewers. No person shall discharge any substance directly to a manhole or other opening in a public sewer other than through an approved building sewer lateral except with the written approval of the Director.

(c)    Cleanout Required. In addition to the required building sewer lateral as defined in subsection (a) of this section, the property owner shall be responsible for the installation of a two (2) way cleanout in the building sewer lateral between the upper sewer lateral and lower sewer lateral in a location approved by the Director. Such cleanout shall conform to the City of Emeryville Standard Details.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 2 (part), Ord. 15-002, eff. March 19, 2015)

7-8.202 Sewer Lateral Permit.

(a)    Sewer Lateral Permit Required. A sewer lateral permit shall be obtained from the Building Official before construction of a new building sewer lateral, or the repair, replacement, or abandonment of an existing building sewer lateral, or before performing a verification test on an existing building sewer lateral. However, no sewer lateral permit shall be required for the clearance of sewer stoppages in a building sewer lateral. The issuance of a sewer lateral permit in accordance with the provisions of this chapter shall satisfy the requirements of Chapter 2 of Title 7 regarding excavations and encroachments in the public right-of-way.

(b)    Permit Application. The property owner’s appropriately licensed contractor shall apply in person for the sewer lateral permit. No sewer lateral permit shall be issued until the following have been submitted by the property owner or the property owner’s appropriately licensed contractor and approved by the Building Official and Director:

(1)    The name, address, telephone number and e-mail address of the property owner and the property owner’s appropriately licensed contractor undertaking the work pursuant to the sewer lateral permit. A telephone number shall be provided for a twenty-four (24) hour contact.

(2)    If a new building sewer lateral with a new connection to the public sewer is proposed, provide a site plan showing the location of all existing building sewer laterals on the property connected to the public sewer, the proposed location of the new building sewer lateral, identification of any existing building sewer lateral(s) to be abandoned, all cleanouts on the building sewer lateral, and all areas of excavation within the public right-of-way (sidewalk and street).

(3)    The name and address of the entity responsible for hauling, transporting and disposing of any excess soils and the name and address of the disposal facility. Prior to receiving a final inspection pursuant to the sewer lateral permit, the applicant shall provide the City a copy of the manifest or receipt for all soils disposed of as a result of the work undertaken pursuant to the sewer lateral permit.

(4)    List of materials that shall be used to construct the building sewer lateral and written verification that all material to be used in the work, including materials for restoration of the public right-of-way, will be on hand and ready to use prior to any portion of the work beginning.

(5)    Payment of sewer connection and sewer lateral permit fees as follows:

(i)    For a new sewer connection and inspection thereof, the property owner or the property owner’s appropriately licensed contractor shall pay the current sewer connection fee as set from time to time by resolution of the City.

(ii)    For a new building sewer lateral or a repair, replacement, or abandonment of an existing building sewer lateral and inspection thereof, the property owner or the property owner’s appropriately licensed contractor shall pay the current sewer lateral permit fee as set forth in the master fee schedule approved annually by resolution of the City.

(6)    Performance Security. In order to ensure the completion of the work authorized by the sewer lateral permit in accordance with this chapter, as determined by the Director, the property owner or the property owner’s appropriately licensed contractor shall either (i) deposit one thousand dollars ($1,000.00) with the City, (ii) provide the City of Emeryville a performance bond in the amount of ten thousand dollars ($10,000.00), issued by an admitted surety insurer in the State of California on a form provided by the City, or (iii) provide security in the form of cash or bond or both in such amount as deemed acceptable to the Director.

(7)    Evidence of workers’ compensation insurance and general liability insurance for the property owner’s appropriately licensed contractor in such amounts and type as specified by the City on the sewer lateral permit. The general liability insurance shall name the City as an additional insured.

(c)    Business License. The property owner’s appropriately licensed contractor undertaking the work pursuant to the sewer lateral permit shall possess an active City of Emeryville business license and any and all fees shall be paid and current.

(d)    Form and Conditions of the Permit. The sewer lateral permit, when signed by the Director and Building Official, shall constitute permission to do the work. The sewer lateral permit shall be void if the work is not commenced and completed within the period specified on the permit unless an extension of time is granted in writing by the Director. Sewer lateral permits shall not be transferable.

(e)    Work on Building Sewer Lateral by Appropriately Licensed Contractor Only. Any and all work authorized by issuance of a sewer lateral permit shall only be undertaken by an appropriately licensed contractor. No work authorized by the sewer lateral permit may be undertaken by an owner-builder unless such owner-builder is an appropriately licensed contractor.

(f)    Notice of Commencement of Work. The property owner’s appropriately licensed contractor shall give notice of the time of commencement of the work to the Director and Underground Service Alert, as required by law, at least forty-eight (48) hours before the work is started. Similar notice shall be given to the Police Department, Fire Department and utility companies if required on the sewer lateral permit.

(g)    Revocation of Permit. The Director or Building Official may revoke a sewer lateral permit for noncompliance with any applicable laws, regulations or field directives of the Director, Building Official or their authorized representatives.

(h)    Final Inspection. Unless otherwise covered by an exception pursuant to Section 7-8.207(f), any sewer lateral permit issued by the City for any property that is subject to the provisions of this chapter and the EBMUD Regional PSL Ordinance shall not receive a final inspection unless a compliance certificate is issued by EBMUD and filed with the City. Notwithstanding the foregoing, a parcel of real property owned by a public entity shall not be required to obtain a compliance certificate issued by EBMUD.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 2 (part), Ord. 15-002, eff. March 19, 2015)

7-8.203 Building Sewer Lateral Standards, Design, and Materials for Construction.

(a)    Standards. All construction standards and methods shall comply with the City of Emeryville Standard Details, the current adopted edition of the California Plumbing Code, the latest edition of the APWA Standard Specifications for Public Works Construction, applicable standard of the American Society for Testing and Materials, and the EBMUD Regional PSL Ordinance. The Director shall be responsible for resolving possible conflicts between any of these standards.

(b)    Design.

(1)    All aspects of the building sewer lateral design, including but not limited to the size, slope, and alignment, the method of excavation, placing of the pipe, testing of the building sewer lateral and backfilling the trench shall be in conformance with this chapter, the current adopted edition of the California Plumbing Code, the latest edition of the APWA Standard Specifications for Public Works Construction, the current edition of the EBMUD Regional PSL Ordinance, and any rules or regulations promulgated by the Director. All connection joints shall be watertight and free of defects and shall conform to the standards as set forth in ASTM D3212. All gaskets shall conform to the standard set forth in ASTM F477.

(2)    Any connection of a new building sewer lateral to the sewer main, or any connection of a new building sewer lateral to an existing fitting at the sewer main, shall be inspected by the Director prior to the actual connection occurring to ensure the proper design, materials, and methods will be applied in compliance with this chapter. Unauthorized and nonconforming connections to the sewer main can only be repaired by the City. The cost of repairing any unauthorized or nonconforming connections to the sewer main shall be the responsibility of the property owner to which such connection serves.

(3)    Whenever possible, the building sewer lateral shall be brought to the building at an elevation below the basement floor. Within buildings where any interior building sewage drain is below the building sewer lateral such that proper flow via gravity as specified by this chapter cannot be achieved, the sanitary sewage can be discharged by means of an approved mechanical sewage pump facility and discharged into the building sewer system. The design of said pumping system shall be in accordance with this chapter, other applicable regulations, and receive the approval of the Building Official and Director during the sewer lateral permit plan check process.

(4)    The building sewer lateral shall have a two (2) way cleanout located approximately at the property line or, in the case where the building sewer lateral is all within private property, in a location approved by the Director.

(c)    Materials. All materials used in the construction, repair, or replacement of any building sewer lateral shall be in conformance with the City of Emeryville Standard Plans, the current adopted edition of the California Plumbing Code, the latest edition of the APWA Standard Specifications for Public Works Construction, applicable standard of the American Society for Testing and Materials, and any rules or regulations promulgated by the Director.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 2 (part), Ord. 15-002, eff. March 19, 2015)

7-8.204 Building Sewer Lateral Standards for Measurements, Tests, and Analyses.

All measurements, tests, and analyses of the characteristics of waters, wastewaters and their conveyance to which reference is made in this chapter shall be determined in accordance with the latest editions of the EBMUD Regional PSL Ordinance, APWA Standard Specifications for Public Works Construction, the California Plumbing Code, and the Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association and the American Water Works Association.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 2 (part), Ord. 15-002, eff. March 19, 2015)

7-8.205 Abandonment of Existing Building Sewer Laterals.

An existing building sewer lateral or its connection which is to be abandoned shall be removed or sealed with a permanent, watertight plug at the connection to the sewer main in a manner satisfactory to the Director. All other openings of the abandoned building sewer lateral including plumbing connections, cleanouts, rat holes, etc., shall also be sealed in a manner satisfactory to the Director.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 2 (part), Ord. 15-002, eff. March 19, 2015)

7-8.206 Building Sewer Lateral Maintenance and Required Inspection.

(a)    Responsibility. It shall be the responsibility of the property owner to perform all required maintenance, repairs and inspections to keep the building sewer lateral in the condition as specified by subsection (b) of this section.

(b)    Required Maintenance.

(1)    The building sewer lateral must be maintained to meet the following minimum requirements:

(i)    The building sewer lateral shall be kept free from roots, grease deposits, and other solids that may impede the flow or obstruct the transmission of waste.

(ii)    All joints shall be tight and all pipes shall be sound to prevent exfiltration by waste or infiltration by groundwater or stormwater.

(iii)    The building sewer lateral pipe shall be free of any structural defects, cracks, breaks, or missing portions and the grade shall be uniform without sags or offsets.

(iv)    No area drains, foundation drains, roof leaders, sump pumps or other direct connections that allow stormwater or groundwater into the building sewer lateral are allowed.

(v)    All cleanouts shall be secured with an approved cap at all times, except during maintenance activities.

(vi)    The building sewer lateral shall be free from breaks, openings, and rat holes.

(vii)    The building sewer lateral shall be free of any material that obstructs or prevents the effective maintenance or normal operation of the building sewer lateral or the public sewer.

(viii)    Property owners and food service operators are required to control the discharge of fats, oils, and grease (FOG) into the sanitary sewer system from their properties or food service establishments, and not cause or contribute to FOG related overflows, blockages, or increased maintenance in the sanitary sewer system or wastewater treatment facilities according to the current standards established by EBMUD and the City.

(2)    The Director shall determine the criteria and acceptable methods of evaluating building sewer laterals to ensure compliance with the above requirements.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 2 (part), Ord. 15-002, eff. March 19, 2015)

7-8.207 Building Sewer Lateral Inspections, Replacement and Compliance Certificates.

(a)    Owner Responsibilities. It shall be the responsibility of the property owner to perform all required inspections of their building sewer lateral, obtain a sewer lateral permit, perform all required construction, schedule inspections with the City and EBMUD, perform and pass a verification test witnessed by the City and EBMUD for each building sewer lateral serving the property, abandon any inactive building sewer lateral, obtain and file with the City a compliance certificate from EBMUD as specified in the EBMUD Regional PSL Ordinance (excepting parcels of real property owned by a public entity), and obtain a final inspection from the City of their building sewer lateral when one (1) or more of the following triggering events occurs:

(1)    Title Transfer. Prior to the sale or transfer of an entire real property estate or the fee interest in that real property estate. The following shall not be considered a title transfer for purposes of this chapter:

(i)    The sale or transfer of a partial interest, including a leasehold.

(ii)    Transfer by a fiduciary in the course of the administration of a decedent’s estates, guardianship, conservatorship, or trust.

(iii)    Transfer from one (1) co-owner to one (1) or more other co-owners, or from one (1) or more co-owners into or from a revocable trust, if the trust is for the benefit of the grantor or grantors.

(iv)    Transfer made by a trustor to fund a living trust.

(v)    Transfer made to a spouse, to a registered domestic partner as defined in Section 297 of the State of California Family Code, or to a person or persons in the lineal line of cosanguinity of one (1) or more of the transferors.

(vi)    Transfers between spouses or registered domestic partners resulting from a decree of dissolution of marriage or domestic partnership, or a decree of legal separation or from a property settlement agreement incidental to a decree.

(2)    Construction and Remodeling. Whenever a property owner or its authorized agent applies for a building permit for any type of construction on the subject property that exceeds one hundred thousand dollars ($100,000.00) in construction valuation or exceeds one hundred thousand dollars ($100,000.00) in cumulative construction valuation for all building permits issued for any type of construction on the subject property over a three (3) year period.

(3)    Change in Water Service Size. Whenever a property owner or its authorized agent applies to EBMUD to increase or decrease the size of the property’s water meter.

(4)    Notice of Violation. Whenever a property owner or its authorized agent has received a written notice of violation from the City with respect to the condition of the building sewer lateral based on testing conducted by the City or its authorized representative.

(5)    City Inspection. Whenever a property owner or its authorized agent has received a written notice of violation from the City with respect to the condition of the building sewer lateral based on observations from the City or its authorized representative.

(6)    Voluntary Request for Compliance Certificate. Whenever a property owner or its authorized agent voluntarily requests a compliance certificate.

(7)    Repair of Building Sewer Lateral. Whenever a property owner or its authorized agent voluntarily requests a permit to repair or replace the building sewer lateral.

(8)    Subdivision of Property. Whenever a property owner or its authorized agent obtains approval of the division of a parcel or parcels of real property pursuant to the provisions of Chapter 6 of Title 9.

(b)    The property owner, its authorized agent or appropriately licensed contractor must present the City with a valid compliance certificate from EBMUD for the property prior to final approval of any and all City permits issued pursuant to subsection (a)(2), (3), (4), (5), (6), (7) or (8) of this section.

(c)    A compliance certificate issued by EBMUD to a property owner pursuant to subsection (a) of this section shall be valid for seven (7) years if the building sewer lateral is repaired, except as indicated in subsections (d) and (e) of this section, or twenty (20) years if the building sewer lateral is replaced.

(d)    Individually Owned Units in a Common Interest Development. For all individually owned units within a common interest development as defined in the California Civil Code, which is served by a single or shared building sewer lateral(s), the association or responsible party for the common interest development shall be responsible for compliance with all of the following requirements:

(1)    By January 1, 2017, provide evidence that the association’s reserve study performed pursuant to California Civil Code Section 5550, or any successor statutory authority thereto, identifies the need and funding for complying with the requirements of the provisions of subsection (d)(2) of this section and the EBMUD Regional PSL Ordinance by July 12, 2021.

(2)    By July 12, 2021, perform all required inspections of their building sewer lateral, obtain all required sewer lateral permits, perform all required construction, schedule inspections with the City and EBMUD, perform and pass a verification test witnessed by the City and EBMUD for each building sewer lateral serving the property, and abandon any inactive building sewer lateral.

(3)    By July 12, 2021, obtain a compliance certificate from EBMUD as specified in the EBMUD Regional PSL Ordinance and a final inspection from the City as specified in this chapter.

(4)    The compliance certificate issued by EBMUD shall be valid for twenty (20) years from the date issued. Upon expiration of the compliance certificate, the association must obtain a new compliance certificate pursuant to the requirements of this chapter within five (5) years thereafter.

(e)    Property Developments Other Than Those Specified in Subsection (d) of This Section with Building Sewer Laterals Totaling Greater Than One Thousand Feet (1,000') in Length. By June 4, 2016, upon the sale of the property, or upon the performance of building remodeling in excess of one hundred thousand dollars ($100,000.00) in valuation, whichever is sooner, the property owner of a parcel or contiguous parcels of real property under common ownership with building sewer laterals totaling greater than one thousand feet (1,000') in length shall:

(1)    Prepare and submit a corrective action work plan to the City for approval. As used herein, the corrective action work plan shall describe the type, quantity and schedule of work needed to bring all building sewer laterals associated with the parcel or contiguous parcels of real property under common ownership into compliance with the standards set forth in subsection (a) of this section and the EBMUD Regional PSL Ordinance. The City shall approve the corrective action work plan if it determines that the proposed work will result in full compliance within a reasonable time, not to exceed five (5) years from the date the corrective action work plan is approved.

(2)    Upon approval of the corrective action work plan by the City, the property owner of a parcel or contiguous parcels of real property under common ownership for the property development shall, within the approved schedule, perform all required inspections of their building sewer lateral, obtain all required sewer lateral permits, perform all required construction, schedule inspections with the City and EBMUD, perform and pass a verification test witnessed by the City and EBMUD for each building sewer lateral serving the property, and abandon any inactive building sewer lateral.

(3)    Obtain and file with the City a compliance certificate from EBMUD as specified in the EBMUD Regional PSL Ordinance (excepting parcels of real property owned by a public entity), and obtain a final inspection from the City of their building sewer lateral.

(4)    The compliance certificate issued by EBMUD shall be valid for twenty (20) years from the date issued. Upon expiration of the compliance certificate the property owner must obtain a new compliance certificate pursuant to the requirements of this chapter within five (5) years thereafter.

(f)    Exceptions.

(1)    A property owner of a structure with a building sewer lateral that is less than ten (10) years old from the date of (i) intended title transfer, (ii) obtaining a permit for remodeling, or (iii) obtaining an approval from EBMUD for a change in water service and has sufficient evidence, such as a valid building permit showing that the building sewer lateral was replaced in total and received a final inspection from the City, may request an exemption certificate from EBMUD and does not have to pass a verification test or obtain a compliance certificate.

(2)    A property owner of a structure with a building sewer lateral which the Director determines that the lower sewer lateral was replaced within ten (10) years from the date that a compliance certificate is required by this chapter is therefore exempt from the requirement of passing a verification test on the lower sewer lateral, but must still pass a verification test and obtain a compliance certificate from EBMUD as to the upper sewer lateral.

(3)    If at the time of repair or replacement of any building sewer lateral, there is an action in place by the City that would prevent the repair or replacement of the lower sewer lateral in compliance with this chapter, the Director may temporarily waive the requirements of this chapter for the lower sewer lateral. In such case, a compliance certificate will only be required for the upper sewer lateral. Upon conclusion of the City action, the Director will rescind the waiver and shall issue a notice to proceed to the affected property owner, now directing them to complete the repair or replacement of the lower sewer lateral within a specific time limit such that the lower sewer lateral will be in compliance with this chapter and the EBMUD Regional PSL Ordinance. Failure to obtain a valid compliance certificate for the lower sewer lateral in a timely manner and to otherwise not comply with the terms in the notice to proceed shall constitute a violation of this chapter and will be subject to enforcement by the City according to this chapter.

(4)    A property owner of a structure with a compliance certificate issued by EBMUD pursuant to the EBMUD Regional PSL Ordinance and this chapter which is still in effect as of the date of (i) intended title transfer, (ii) obtaining a building permit for any type of construction that exceeds one hundred thousand dollars ($100,000.00) in construction valuation or one hundred thousand dollars ($100,000.00) in cumulative construction valuation for all building permits issued for any type of construction over a three (3) year period, or (iii) obtaining an approval from EBMUD for a change in water service.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 2 (part), Ord. 15-002, eff. March 19, 2015)

7-8.208 Emergency Work by City.

Whenever, in the opinion of the Director, the public health, safety, or welfare shall require that repairs or protective measures to a building sewer lateral be made or instituted immediately, he or she is hereby authorized to proceed with all necessary work to abate the condition and may enter upon private property for such purpose. The Director may erect and maintain all necessary barricades, warning lights, and other protective devices upon public or private property. The Director shall notify the property owner of the premises as the circumstances shall allow.

The property owner of the premises upon which the condition exists and the person creating such condition shall be jointly and severally liable to the City for all costs incurred by it in abating the emergency condition and erecting and maintaining said protective devices.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 2 (part), Ord. 15-002, eff. March 19, 2015)

7-8.209 Order to Abate.

The Director shall investigate all dangerous and unsanitary conditions existing in or about building sewers laterals and shall periodically require that building sewer laterals be tested. If such a condition is a menace to life, health, safety, or property, or is in violation of law including this chapter, the Director shall, in writing, order the property owner of the premises to discontinue use of the sanitary sewer system, or to discontinue all construction work with respect to the building sewer lateral, and to abate the condition in such manner as shall comply with the law. Any stoppage in the building sewer lateral or break in the watertight integrity of the building sewer lateral shall be conclusively presumed to be a menace to life, health, safety or property for purposes of requiring abatement of such a condition.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 2 (part), Ord. 15-002, eff. March 19, 2015)

7-8.210 Time Requirement for Emergency Building Sewer Lateral Repair.

Upon notification by the City of a faulty building sewer lateral which has been deemed an emergency situation by the Director, the property owner shall cause the repair or replacement of said faulty building sewer lateral within forty-eight (48) hours from the date of notification, verbal or written. If the property owner fails to comply with said order, the City shall have the right to make or have made the necessary repairs and a lien shall be placed against the property for any and all costs incurred as authorized by this chapter.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 2 (part), Ord. 15-002, eff. March 19, 2015)

7-8.211 Adoption of the EBMUD Regional PSL Ordinance by Reference.

The EBMUD Regional PSL Ordinance is hereby adopted by reference. The City Council may from time to time designate by resolution any amendments or modifications to the ordinance thereto, as the ordinance may be periodically revised by EBMUD. One (1) copy of the EBMUD Regional PSL Ordinance shall be kept on file at the Department of Public Works.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 2 (part), Ord. 15-002, eff. March 19, 2015)

Article 3.    Sewer Connections

7-8.301 Sewer Connection Fee Fund.

The sewer connection fee fund is hereby established. Money collected by the City for sewer connection fees shall be deposited in the sewer connection fee fund and shall be used only to increase the capacity of the sanitary sewer system by construction of additions or modifications to the sanitary sewer system. Any interest earned on the fund shall remain in the fund.

(Sec. 2, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.201)

7-8.302 Sewer Connection Requirement.

The owner of every premises, such as a house, building, or property used for human occupancy, employment, commercial or industrial purposes, recreation, or other purpose, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer, is required to install, at his own expense and as soon as practicable, suitable toilet facilities therein or thereon, and to connect, without any undue delay, and, in no event at a date later than ninety (90) days following official notice from the Director, such premises directly with the proper public sewer in accordance with the provisions of this chapter.

(Sec. 2, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.202)

7-8.303 Connection Applications.

Applications for connections to a City sewer shall, in every case, be made by the owner or his agent on a form furnished by the City. Each application shall be supplemented by such plans, specifications, analyses of strength and quantity of wastewater to be produced, flow data, or other information as shall, in the judgment of the Director, be considered pertinent. In the case of every industrial sewer service connection, irrespective of whether a new physical connection is to be made, a new or amended application shall be filed with the City (1) upon change of ownership of the property served, (2) upon change of occupancy, or (3) upon change of any activity resulting in changes in type of industrial waste. The holders of all permits issued hereunder shall be subject at all times to all applicable Federal, State, and local laws and regulations. At no time and in no way shall the holder of any permit acquire or be regarded as having acquired a vested or continuing right to maintain or to have continued any connection to the public sewer.

(Sec. 2, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.203)

7-8.304 Cost of Sewer Connection.

The connection to the public sewer, including the piping within any public street right-of-way, shall be properly installed in accordance with applicable codes at the sole expense of the owner of the property served. Such connections shall not be made without required approved permits issued by the Director, upon receipt of an acceptable, complete application and payment of all applicable fees and charges.

(Sec. 2, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.204)

7-8.305 Sewer Connection Fees.

A sewer connection fee shall be paid as a condition of the issuance of a building permit. A sewer connection fee shall be levied whenever the use of the property changes and is expected by the City to discharge a greater amount of sewage than was discharged under the previous use. The charge shall be calculated as a single-family dwelling equivalent.

A single-family dwelling equivalent (SFDE) shall be defined as the average volume of wastewater discharged from an average single-family dwelling over a thirty (30) day period of time. For the purposes of this chapter, one (1) SFDE shall equal five thousand (5,000) gallons. Each single-family living unit in a multiple-family dwelling, apartment house, condominium, or any other multiple-family structure shall be considered one (1) SFDE, except units which contain two (2) rooms or less or one (1) bedroom or less. Each living unit which contains one (1) bedroom or less or not more than two (2) rooms total shall be considered a one-half (1/2) SFDE. All nonresidential use shall be charged based on the anticipated volume of water use. The City may verify actual water use after issuance of the building permit and assess a supplemental sewer connection charge in the event that actual water use is greater than the original estimate upon which the sewer connection charge was calculated.

(Sec. 2, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.205)

7-8.306 Amount of Charge.

The sewer connection charge for an SFDE is set at five hundred seventy dollars ($570.00). This rate shall be adjusted annually on July 1 by resolution of the City Council to reflect the change in the Engineering News Record (ENR) Connection Cost Index during the preceding twelve (12) months. The March ENR Construction Cost Index value shall be used as the basis of adjustment.

(Sec. 2, Ord. 82-013, eff. Nov. 25, 1982; Sec. 1, Ord. 90-7, eff. Aug. 9, 1990; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.206)

7-8.307 Construction of Trunk Sewer in Lieu of Payment of Sewer Construction Fees.

The sewer connection fee may be waived where the applicant agrees to construct, at no cost to the City, a new trunk sanitary sewer from his development or interceptor sewer which is determined to have adequate capacity.

All facilities constructed by the applicant must be designed by a registered professional engineer and must be constructed to City standards.

(Sec. 2, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.207)

Article 4.    Sewer Use Regulations

7-8.401 Use of Public Sewers Required.

All sewage, waste and wastewater shall be discharged to the sanitary sewer system except as hereinafter provided.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.301)

7-8.402 Prohibited Uses.

(a)    Limitation on Use.

(1)    Use of the sanitary sewer system is limited to the discharge of wastewater in such a quantity and of such a quality as shall not endanger the condition, operation or capacity of the sanitary sewer system and the wastewater treatment facilities.

(2)    No person shall discharge, deposit, or throw into a building sewer lateral or the sanitary sewer system any substance which may cause an obstruction or damage to the sanitary sewer system or wastewater treatment facilities, or which may cause a nuisance or hazard, or which will in any manner obstruct the efficient operation or maintenance of the sanitary sewer system or wastewater treatment facilities.

(b)    Stormwater and Groundwater Prohibited. It shall be unlawful for any person to discharge any stormwater, surface water, groundwater, roof runoff or subsurface drainage into any building sewer lateral or public sewer.

(c)    Prohibited Discharges. No discharge shall be made to the sanitary sewer system that does not meet all requirements set by the City or EBMUD. No one required by the City or EBMUD to have a waste discharge permit shall discharge to the sanitary sewer system without a valid permit from the City or EBMUD.

(d)    Additional Prohibited Uses. No person shall discharge any of the following waters or waste into the sanitary sewer system:

(1)    Any unpolluted industrial process water.

(2)    Any liquid or vapor having a temperature detrimental to the sanitary sewer system.

(3)    Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

(4)    Any water or waste which contains fats, oils, or grease in excess of those standards established by EBMUD and the City.

(5)    Any garbage, except garbage from dwellings and establishments where food is prepared and consumed on the premises, and which has been ground to such a degree that all particles will be carried freely under the flow conditions prevailing in the public sewer. No particle shall in any event be greater than three-eighths inch (3/8") in any dimension.

(6)    Any sand, cement, lime, plaster, cinders, ashes, metal, glass or other heavy solids; any straw, shavings, animal hair, feathers, paunch manure or other fibrous matter; any tar, asphalt, resins, plastics or other viscous substance; or any other matter of such a nature as to obstruct the flow in sewers or cause other interference with the proper operation of the sanitary sewer system.

(7)    Any waters or wastes containing excessive amounts of acid, alkali, or dissolved sulfide, or having any other corrosive property capable of causing damage or hazard to the sanitary sewer system structures, equipment or personnel.

(8)    Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with the operation and maintenance of the sanitary sewer system.

(9)    Any waters or wastes containing more than five hundred (500) milligrams per liter of suspended solids.

(10)    Any noxious or malodorous gas or substance capable of creating a public nuisance.

(11)    Any waste having more than one (1) milligram per liter of sulfides.

(12)    Any waste having a pH of less than 5.5 or more than 10.5.

(13)    Any material that obstructs or prevents the effective maintenance or normal operation of the building sewer lateral or sewer main.

(e)    Special Agreements. The City, EBMUD, and any individual or industrial concern discharging any water or wastewater of unusual strength, character, composition or volume into the sanitary sewer system may enter into a contract permitting such discharge. If the discharge shall cause additional or extraordinary expense to the City, the individual or industrial concern shall be required to reimburse the City as determined by the Director.

(f)    Sampling Structures. The Director shall have the right to require any property owner to construct and maintain, at their own expense, a sampling structure in an accessible location for the purpose of sampling and determining the flow of wastewater through their building sewer lateral. The design of the structure shall be completed by a licensed engineer and approved by the Director.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.302)

7-8.403 Requirements for Food Service Establishments.

(a)    Grease Control Requirement. It is prohibited to discharge fats, oils and grease (FOG) to the sanitary sewer system. Food service establishment owners and operators are required to control FOG discharge from their food service establishments to the sanitary sewer system and not cause or contribute to FOG-related overflows, blockages or increased maintenance in the sanitary sewer system.

(b)    Grease interceptor(s) shall be installed and maintained to prevent FOG-related overflows, blockages or increased maintenance in the sanitary sewer system. Grease control devices are required if food service establishments meet any of the following conditions:

(1)    New construction, including new construction or conversion from a non-food service establishment to a food service establishment.

(2)    Remodels, additions, alterations or repairs of food service establishments valued at seventy-five thousand dollars ($75,000.00) or greater.

(3)    Multiple permits for remodels, additions, alterations or repairs by the same food service establishment owner or operator within a three (3) year period and with a cumulative value over seventy-five thousand dollars ($75,000.00).

(4)    An existing food service establishment has caused or contributed to FOG-related increased maintenance requirements in the sanitary sewer system, or a FOG-related sanitary sewer system overflow or blockage.

(c)    Approved Grease Control Device.

(1)    A grease interceptor device designed to intercept FOG from wastewater discharge shall be required. Grease interceptors include but are not limited to gravity grease interceptors and various other types of grease interceptors that require cleaning/servicing by a pumping company due to design or per manufacturer’s specifications.

(2)    On a case-by-case basis due to site practicality reasons, the Director may allow an automatic grease removal device which is designed to retain FOG from wastewater discharge. An automatic grease removal device automatically removes FOG from the wastewater stream and transfers the FOG to an external container. Automatic grease removal devices are typically installed inside and above ground and are generally cleaned by food facility staff.

(d)    Grease Control Device Maintenance.

(1)    If a food service establishment has one or more grease interceptors, they must be maintained as follows:

(i)    By removing the entire contents of the interceptor each time the interceptor is pumped.

(ii)    To ensure proper operation, maintenance and performance during the entire period of wastewater discharge.

(iii)    A minimum pumping frequency of once per three (3) month period, or more frequently to ensure that the food service establishment discharge does not cause or contribute to FOG-related overflows, blockages, or increased maintenance in the sanitary sewer system.

(2)    If a food service establishment has one (1) or more automatic grease removal devices, the device(s) must be operated and maintained according to manufacturer’s specifications, including, but not limited to, maintaining appropriate power supply and emptying the FOG receptacle at the frequency described by the manufacturer in the owner’s manual.

(3)    More frequent maintenance and/or additional grease control device equipment may be required if a food service establishment continues to cause or contribute to FOG-related overflows, blockages, or increased maintenance in the sanitary sewer system.

(e)    Maintenance Records. Food service establishments shall retain maintenance records with the following information:

(1)    Grease interceptor:

(i)    Date of service;

(ii)    Volume pumped (gallons);

(iii)    Waste disposal location.

(2)    Automatic grease removal device:

(i)    Date of grease receptacle emptying and/or maintenance;

(ii)    Signature by staff conducting maintenance;

(iii)    Waste disposal location.

The maintenance records shall be kept a minimum of three (3) years from the date of service and shall be provided to the City upon request.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

7-8.404 Authority to Require Special Treatment Facilities or Measures.

Whenever deemed necessary by the Director, the owner shall at his own expense provide such treatment or take such other measures as shall be required in order to reduce or eliminate objectionable waste characteristics or to reduce the rate of discharge of wastewater being deposited in the sanitary sewer system, so that the same may be received therein:

(a)    Without causing any damage to or any undue interference with the operation of the sanitary sewer system;

(b)    Without causing violation of the City’s NPDES permit or water quality requirements;

(c)    Without causing hazard of any kind to humans or animals.

In the event pretreatment or special facilities are required to make the industrial wastes acceptable as provided under this chapter, the applicant shall be required to furnish plans, approved prior to construction, showing the method of collection and pretreatment proposed to be used, and a permit shall not be issued until said plans or required modifications thereof have been checked and approved by the Director. All such facilities shall then be installed in conformity with aforementioned approved plans.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.303)

7-8.405 Discharge into Storm Drain Prohibited.

It shall be unlawful to discharge within the City any wastewater or polluted waters into any storm drain or natural outlet or channel.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.304)

7-8.406 Prohibited Infiltration/Inflow Discharges.

No person shall discharge or cause to be discharged any rainwater, stormwater, groundwater, street drainage, subsurface drainage, or yard drainage into any pipe which is directly or indirectly connected to the sanitary sewer system.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.305)

7-8.407 Prohibition on Use of Diluting Waters.

The use of diluting waters to meet the required standards for discharge of waste into the sewer is prohibited.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.306)

7-8.408 Prohibition on Unpolluted Water.

Unpolluted water, including but not limited to cooling water, process water, or blowdown from cooling towers or evaporative coolers, shall not be discharged through direct or indirect connection to the public sewer unless a permit is issued by the City. The City may approve the discharge of such water only when no reasonable alternative method of disposal is available. If a permit is granted for the discharge of such water into the public sewer, the user shall pay the applicable user charges and fees and shall meet such other conditions as required by the Director.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.307)

7-8.409 Prohibitions on Radioactive Wastes.

No person shall, and it shall be unlawful to, discharge, cause to be discharged, or permit to be discharged any radioactive waste into the sanitary sewer system; provided, however, that:

(a)    Persons authorized to use radioactive materials by the California Department of Health Services 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 the current California radiation control regulations for safe disposal of such wastes as they now exist or may hereafter be amended;

(b)    The person so acting does so in compliance with all applicable rules and regulations of the City and all other regulatory agencies;

(c)    The person so acting must have a permit to do so from the Director.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.308)

7-8.410 Limitations on the Use of Garbage Grinders.

Waste from garbage grinders shall not be discharged into the sewerage system except:

(a)    Wastes generated in preparation of food normally consumed on the premises, such as in a home or restaurant;

(b)    In other cases where the user has obtained a permit for that specific use from the Director, and agrees to undertake whatever self-monitoring is required to enable the Director to equitably determine the charges and fees based on the waste constituents and characteristics. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the sanitary sewer system, with no particle greater than three-eighths of an inch (3/8"). Garbage grinders shall not be used for grinding plastic, paper products, inert materials, garden refuse, or waste products resulting from the handling, storage and sale of fruits and vegetables in wholesale and retail produce establishments and wastes from plants engaged in the preparation, processing or preserving of foods not intended primarily for immediate consumption. Such discharge shall not cause the City to violate water quality requirements imposed on it by State or Federal regulatory agencies.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.309)

7-8.411 Limitations on Point of Discharge.

No person shall discharge any substances directly into a manhole or similar opening in a City sewer other than through an approved building sewer.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.310)

7-8.412 Prohibitions on Stored Liquid Wastes.

Liquid wastes that have been collected and held in tanks or containers shall not be discharged into the sanitary sewer system, unless first approved in writing by the Director, including payment of processing charges. Wastes of this category include but are not limited to:

(a)    Septic tank pumpings;

(b)    Chemical toilet wastes;

(c)    Pleasure boat wastes;

(d)    Industrial wastes collected in containers or tanks;

(e)    Fats, oils and grease; and

(f)    Any other material not classified as residential sewage, including chemicals and other materials stored on the premises of the user which might, directly or indirectly, enter the City sewer, accidentally or otherwise.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.311)

7-8.413 Wastewater Volume Determination: Metered Water Supply.

When charges and fees are based upon the water usage, such charges and fees shall be applied against the total amount of water used from all sources unless, in the opinion of the Director, significant portions of water received are not discharged to a public sewer. The total amount of water used from public and private sources will be determined by means of public meters or private meters, installed and maintained at the expense of the user and as approved by the Director.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.312)

7-8.414 Metered Wastewater Volume and Metered Diversions.

When charges and fees are based upon water usage and when, in the opinion of the Director, a significant portion of the water received from any metered source does not flow into the public sewer because of the principal activity of the user or removal by other means, the user charges and fees will be applied against the volume of water discharged from such premises into the public sewer. Written notification and proof of the diversion of water must be provided by the user and approved by the City if the user is to avoid the application of the charges and fees against the total amount of water used from all sources. The user may install a meter of a type and at a location approved by the Director and at the user’s expense. Such meters shall measure either the amount of sewage discharged or the amount of water diverted. Such meters shall be maintained at the expense of the user and be tested for accuracy at the expense of the user when deemed necessary by the Director. For users who, in the opinion of the Director, divert a significant portion of their flow from a public sewer, the charges and fees may be based upon measurement of the flow and volume to be discharged, prepared by the user and approved by the Director. The measurement must include the method, calculations and type of equipment used to determine the wastewater volume.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.313)

7-8.415 Discharge Reports.

The Director may require that any person discharging wastewater into a public sewer file a periodic discharge report. The discharge report may include, but need not be limited to: nature of process; volume; rates of flow; mass emission rate; production quantities; hours of operation; number and classification of employees; or other information which relates to the generation of waste, including wastewater constituents and characteristics in the wastewater discharge. Such reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on site even though they may not normally be discharged, or any chemicals or raw materials not in liquid or gaseous form which are stored on the premises, and could reach the sanitary sewer system by accidental spillage or washdown of spillage.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.314)

7-8.416 Mandatory Wastewater Discharge Permits.

All major contributing industries proposing to connect or to discharge into a public sewer or discharging into a public sewer must comply with applicable permits and fees.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.315)

7-8.417 Monitoring Facilities.

The Director may require the user to construct, at his own expense, sampling manholes or monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer lateral or internal plumbing and drainage systems and may also require sampling or metering equipment to be provided, installed, and operated at the user’s premises, but the City may, when such location would be impractical or cause undue hardship on the user or City, require a sampling facility to be constructed in the public street or right-of-way and located so that it will not be obstructed by landscaping or parked vehicles, assuming that such location consent is first obtained from the public agency having jurisdiction of such public area. The Director may require the user to provide and operate an independent power supply for the monitoring facilities.

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

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City’s requirements and all applicable local agency requirements, construction standards and specifications. Construction shall be completed within one hundred twenty (120) days following written notification by the Director, unless a time extension is granted by the City.

In the event that no special facility is avail-able, the point of inspection shall be considered to be the nearest downstream manhole in the public sewer.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.316)

7-8.418 Inspection and Sampling.

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

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.317)

7-8.419 Pretreatment.

Users shall make wastewater acceptable to the City under the limitations established herein before discharging into any public sewer. Any facility required to pretreat wastewater to a level acceptable to the City shall be provided and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Director for review, and shall be approved by the City before construction of the facility. The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent complying with the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operating affecting the effluent shall be reported to and approved by the City.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.318)

7-8.420 Protection from Accidental Discharge.

Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Facilities, to prevent accidental discharge of prohibited materials, shall be provided and maintained at the user’s expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Director for review prior to construction of the facility.

The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this chapter. Any costs to the City arising from accidental discharge shall be paid by the user.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.319)

7-8.421 Confidential Information.

To the extent authorized by applicable State of California and/or Federal statutes and regulations:

(a)    All information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspection shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Director that the release of such information would divulge information, processes or methods which would be detrimental to the user’s competitive position;

(b)    When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available to governmental agencies for use in making studies; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report;

(c)    Wastewater constituents and characteristics will not be recognized as confidential information; and

(d)    Information accepted by the Director as confidential shall not be transmitted to any governmental agency or to the general public by the City unless prior and adequate notification is given to the user.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.320)

7-8.422 Special Agreements.

Special agreements and arrangements be-tween the City and any persons or agencies may be established when in the opinion of the Director unusual or extraordinary circumstances compel special terms and conditions.

(Sec. 3, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.321)

7-8.423 Septic Tanks and Cesspools Prohibited.

Septic tanks and cesspools are specifically prohibited in the City notwithstanding any statement in the latest adopted edition of the Plumbing Code to the contrary.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

Article 5.    Charges and Fees

7-8.500 General.

All costs of operation, maintenance, rehabilitation and improvement of the public sewer system shall be paid by the users of the sanitary sewers. General funds shall not be used for this purpose. Revenues collected from the users of the sanitary sewer system shall be reserved for this single purpose and shall not be expended for any other purpose. Interest earned on the various funds shall remain in those funds.

(Sec. 4, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.400)

7-8.501. Sewer Funds Are Established.

A total of three (3) sewer funds are established as follows: (a) operation and maintenance fund; (b) sewer rehabilitation/replacement fund; and (c) relief sewer construction fund.

All revenues collected shall be allocated be-tween each of the three (3) funds in accordance with the percentage of the budgeted amounts contained in the official approved budget for the fiscal year in which the revenue is collected. The amounts so deposited in each fund shall be reserved for expenditures appropriated to that fund, as described in this section, except that loans may be made against one (1) or more funds to supplement funds deposited in another fund to meet the needs of a particular project approved by the City Council.

(a)    Operation and Maintenance Fund. All expenditures budgeted and required for the normal, routine operation and maintenance and incidental repair and improvement of the public sewer shall be from this fund. The following line budget items shall be included, as a minimum, in each annual budget for this fund:

(1)    Personnel services;

(2)    Supplies and services;

(3)    Marina maintenance and utilities (pump station);

(4)    Sewer system studies and minor rehabilitation;

(5)    Sewer maintenance equipment.

All maintenance equipment expenditures shall be paid from this fund. Example expenditures include purchase of maintenance equipment, purchase of manhole castings, covers, and other materials required for sewer system maintenance, and contracts for the design and construction of the same.

(b)    Sewer Rehabilitation/Replacement Fund. All expenditures for the design and rehabilitation, repair, sealing or construction of improvements to the public sewer requiring replacement because of structural failure, excessive infiltration/inflow, or other defects shall be paid from this fund.

(c)    Relief Sewer Construction Fund. All expenditures for the design and construction of relief sewers required to convey peak flows from infiltration/inflow shall be paid from this fund.

(Sec. 4, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.401)

7-8.502 User Classifications Established.

For the purpose of the levy of sewer use charges, the following classification of users is established:

(a)    Single-Family Residential User (SF). This classification shall include single-family homes and each single-family living unit of a duplex, multiplex or multiple-family service, if each single-family living unit is served by its own water meter. Where two (2) or more single-family living units are served by a common water meter, the rates for the multiple-family classification shall apply;

(b)    Multiple-Family Use (M). User where more than one (1) single-family living unit is served by a common water meter;

(c)    Commercial Service (C). All commercial, retail, wholesale and miscellaneous small industrial users which do not qualify under one (1) of the other classifications shall be included in this classification;

(d)    Institutional (I). All schools, churches, medical facilities and governmental users;

(e)    Parks (P). All parks having sanitary sewer service;

(f)    Heavy Industrial (HI). All industrial and commercial users, except multifamily residential services, which have a sewer connection larger than four inches (4") in diameter and have a water service greater than three-quarter inch (3/4") in diameter.

(Sec. 4, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.402)

7-8.503 User Rates Established.

Sewer use charges shall be established by resolution of the City Council and shall require annual adjustment to be determined by the Council to be appropriate. Any adjustments of rates shall be equally applied to all user classifications.

(Sec. 4, Ord. 83-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.403)

7-8.504 Collection of User Charges.

The City reserves the right to collect the user charge monthly, bimonthly, semiannually, or annually, by separate billings to the user, an additional charge on the user’s water bill, or by an annual levy collected by the County Tax Collector on the tax rolls. Each delinquent user charge shall automatically become a lien on the real property from which the sewer connection has been made; after ninety (90) days delinquent, the City may place the delinquent user charge plus estimated user charge for an additional nine (9) months on the tax rolls for collection.

(Sec. 4, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.404)

7-8.505 Appeal Procedures.

If the user charge is believed to be incorrect or not equitable, an individual user may appeal the charge to the Director within thirty (30) days of receipt of the bill. The appeal shall be in writing and shall clearly state the reason that the charge is believed to be in error. The Director shall make a determination of the appeal within thirty (30) days of receipt of the written statement from the user. User charges determined to be in error shall be corrected by the City and the appropriate credits and/or adjustments shall be made by the City to the user. The Director’s determination may be appealed to the City Council, whose determination is final.

(Sec. 4, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.405)

7-8.506 Special Charges.

The City may assess additional charges to any discharge of commercial sewage or industrial waste if such discharge results in costs to the City attributable to such discharge. Examples of City costs incurred include cleaning of fat, oil, grease, solids, or debris from the sewers, repairing sewers damaged by discharges, damage to equipment or injury of personnel from toxic or hazardous gases or volatile fractions of the discharge to the sewer, or any other financial liability incurred by the City as a result of the industrial waste or commercial sewage discharge. Such charge or any fines or penalties imposed by the City on others as a result of violation of this chapter shall be added to the user’s bill and shall, if delinquent, be collected in accordance with the provisions of Section 7-8.504.

(Sec. 4, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.406)

7-8.507 City User Charges Are in Addition to User Charges Levied by Others.

The sewer use charges provided by this chapter are in addition to any and all sewer use charges and water sales charges levied by others.

(Sec. 4, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.407)

Article 6.    Enforcement

7-8.601 Responsibility.

The primary responsibility for enforcement of the provisions of this chapter shall be vested in the Director, or agents of the City as he shall designate; and provided further, that designated field inspectors or other employees of the City are hereby authorized to act as agents of the City for and on behalf of the Director with the power to inspect and issue notices for violations of this chapter.

(Sec. 5, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.501)

7-8.602 Accidental Discharges: Notification of Discharge.

Users shall notify the City Department of Public Works or Police Department by telephone immediately upon accidentally discharging wastes in violation of this chapter.

This notification shall be followed, within two (2) days of the date of occurrence, by a detailed written statement describing the causes, volume and nature of the accidental discharge and the measures being taken to prevent future occurrence. Such notification will not relieve users of liability for any expense, loss or damage to the sanitary sewer system or for any fines imposed on the City on account thereof by any regulatory agencies.

(Sec. 5, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.502)

7-8.603 Accidental Discharges: Notices to Employees.

A notice shall be furnished and permanently posted on the bulletin of each commercial and industrial user advising employees whom to contact in case of an accidental discharge in violation of this chapter.

(Sec. 5, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.503)

7-8.604 Issuance of Cease and Desist Orders.

When the Director finds that a discharge of waste has taken place or is likely to take place in violation of this chapter, the Director may issue an order to cease and desist such discharge, or practice or operation likely to cause such discharge, and direct that those persons not complying shall:

(a)    Comply forthwith;

(b)    Comply in accordance with a time schedule set forth by the Director; or

(c)    Take appropriate remedial or preventive action.

(Sec. 5, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.504)

7-8.605 Submission of Time Schedule.

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

It shall be the responsibility of the property owner to comply with all time limits set forth by the Director for any work related to this chapter that is pertinent to their property. The time limit for compliance will be established by the Director and specified in the first written communication and/or notice of violation to the property owner. Noncompliance in excess of said time limits may be deemed a separate violation of this chapter and could subject the property owner to cost recovery and administrative penalties as specified in this chapter.

(Sec. 5, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.505)

7-8.606 Emergency Corrections.

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 in private property in order to correct, eliminate or abate a condition upon such premises which threatens to cause, causes, or has caused a violation of any provision of 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 the owner of the premises shall be liable jointly and severally to the City for such public expenditures.

Nothing in this chapter shall prevent any reasonable person from doing such work and making such excavations as may be necessary for the preservation of life or property when such necessity arises; provided, however, that the person doing such work or excavations shall obtain a sewer lateral permit as specified in this chapter on the next working day.

(Sec. 5, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.506)

7-8.607 Damage to Facilities: Additional Remedy.

When a discharge of wastes causes an obstruction, damage, or any other impairment to City facilities, the City, after providing the user with notice and opportunity to be heard, may assess a charge against the user for the work required to clean or repair the facility and add such charge to the user’s charges and fees.

(Sec. 5, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.507)

7-8.608 Right of Entry.

The Building Official and Director may enter, inspect, and test any buildings, structures, or premises to secure compliance or prevent a violation of any portion of this chapter. No premises shall be entered until a reasonable notice is given to the property owner or authorized agent except to protect life or public safety.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

7-8.609 Termination of Service.

The City may terminate or cause to be terminated wastewater service to any premises if a violation of any provision of this chapter is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance as defined in this chapter. Before termination of service, the involved user (permittee, etc.) shall be provided notice and an opportunity to be heard unless an emergency situation exists requiring summary termination in order to protect the public health and safety. This provision is in addition to other statutes, rules or regulations authorizing termination of service for delinquency in payment.

(Sec. 5, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.508)

7-8.610 Appeals.

(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 relating to any permit issued pursuant to said sections, or interpreting or implementing the same, may file a written request with the Director for reconsideration thereof within ten (10) days of such decision, action, finding, determination, or order, setting forth in detail the facts supporting each user’s or person’s request for reconsideration. The Director shall render a final decision within fifteen (15) 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 fifteen (15) days after notification of the final determination of the Director, and shall set forth in detail the facts and reasons supporting the appeal in writing. The appeal shall be heard by the City Council within forty-five (45) 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 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.

(Sec. 5, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.509)

7-8.611 Falsification of Information.

It shall be unlawful knowingly to make any false statement, representations, record, report, plan or other document, or knowingly to tamper with, bypass, or render inaccurate any sample monitoring device or equipment installed or operated pursuant to this chapter or of any permit issued under this chapter. In addition to any punishment or remedy provided by law, any such falsification or tampering shall be grounds for revocation of any permit.

(Sec. 5, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.510)

7-8.612 Public Nuisance.

Waste or wastewater discharge, threatened waste or wastewater discharge, or any condition or act in violation of any provision of this chapter or of any provision of any permit issued pursuant to this chapter or of any order or directive of the Director authorized by the provisions of this chapter is hereby declared to be a public nuisance. Such nuisance may be abated, removed or enjoined and damages assessed therefor in any manner provided by law.

(Sec. 5, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.511)

7-8.613 Damage to Sewerage System.

No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the sanitary sewer system. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

(Sec. 5, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.512)

7-8.614 Cost Recovery – Building Sewer Lateral Overflows.

The City shall have the authority to recover from the property owner the City’s expenses incurred in responding to, abating, or repairing any sewer overflow from a defective building sewer lateral not otherwise addressed by the property owner in a timely manner as specified in this chapter. The City may collect the incurred costs by use of all legal means, including the recordation of a lien against said property.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

7-8.615 Administrative Penalties – Noncompliance.

The City shall have the authority to assess administrative penalties on the property for the property owner’s failure to meet any requirement of this chapter, or for continued violation of any requirement of this chapter, according to the following schedule. The City may collect the incurred costs by use of all legal means, including the recordation of a lien against said property. The City shall have the authority to waive, suspend, or otherwise modify any administrative penalty established by this chapter.

(a)    Five hundred dollars ($500.00) for the first violation which remains out of compliance in excess of the time limit established in the first notice of violation.

(b)    One thousand dollars ($1,000.00) for the second violation occurring within three (3) years of the first violation.

(c)    Two thousand five hundred dollars ($2,500.00) for each additional violation exceeding two (2) violations within three (3) years of the first violation.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

7-8.616 Civil Penalties.

Any person who intentionally or negligently violates any provision of any permit issued pursuant to this chapter, or who intentionally or negligently discharges waste or wastewater which causes pollution, or who so violates any cease and desist order, prohibition, effluent limitation, national standard of performance or national pretreatment or toxicity standard may also be in violation of the Porter-Cologne Act and subject to its sanctions including civil penalty.

(Sec. 5, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.513)

7-8.617 Misdemeanor.

Every person who violates any provisions of this chapter is guilty of a misdemeanor and punishable as provided in Health and Safety Code Section 4766.

(Sec. 5, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.514)

7-8.618 Remedies Cumulative; Attorneys’ Fees.

The remedies provided for in this chapter shall be cumulative and not exclusive, and shall be in addition to any and all other remedies available to the City. Further, to the extent the City brings any action to enforce the provisions of this chapter, in addition to any other relief provided by law, the City shall be entitled to recover its reasonable attorneys’ fees.

(Sec. 5, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.515)

7-8.619 Validity.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, no other provision of this chapter will be affected thereby.

(Sec. 5, Ord. 82-013, eff. Nov. 25, 1982; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011. Formerly 7-8.516)