“Agricultural processing sewer system” means all mains, laterals, outfall lines and treatment facilities which discharge agricultural processing wastewater directly onto land without being processed through the municipal treatment plant. The agricultural processing sewer system is separate and distinct from the municipal sewer system, and by definition is not a public sewer.

“Agricultural processing wastewater” means that wastewater, containing no sanitary sewage, which is generated as a conveyance or washwater by those industries in the business of processing fruits, vegetables, cereals, and other agricultural products (excepting animal or poultry products) and discharged, under special permit issued by the city, into the agricultural processing sewer system.

“BOD” means the quantity of oxygen expressed in milligrams per liter utilized in the biochemical oxidation of organic matter in five (5) days at twenty (20) degrees centigrade determined in accordance with methods described in the current edition of “Standard Methods for Examination of Water and Wastewater” published by the American Public Health Association, Inc.

“Building drain” means that part of the lowest horizontal piping of a wastewater drainage system which receives the discharge from soil and waste pipes, inside the walls of the building and conveys it to the sewer lateral, beginning two (2) feet outside the inner face of the building wall.

“Director of public works” or “director” means the director of public works of the city or his administrative authority.

“Garbage” means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

“Health officer” means the county health officer, his assistants or authorized deputies acting as health officer of the city.

“Industrial user” means any contributor of industrial waste or wastewater.

“Industrial waste or wastewater” means any nondomestic liquid or solid wastes from any commercial, industrial or institutional establishment. Industrial waste is distinct from sanitary or domestic waste.

“Municipal sewer system” means that sewerage which conveys and treats sanitary sewage and those industrial wastes not discharged into the agricultural processing sewer system. The municipal sewer system is separate and distinct from the agricultural processing sewer system.

“Nuisance” means damage to the community resulting from prohibited practices in the disposal of sewage or industrial wastes.

“pH” means the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.

“Premises” means any lot, piece or parcel of land, any building or other structure or any part of any building or structure used for carrying on any industry or business.

“Private sewer” means a sewer privately owned and not directly controlled by public authority.

“Properly shredded garbage” means the wastes from the preparation, cooking, and dispensing of foods that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

“Public sewer” means a sewer which is controlled by public authority.

“Sanitary sewer” means a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

“Sanitary sewage” means the water-carried wastes discharged from the sanitary conveniences of residences, business buildings, institutions and industrial establishments.

“Sewage treatment plant” means any arrangement of devices and structures used for treating wastewater.

“Sewerage system” means all facilities for collecting, pumping, treating and disposing of wastewater.

“Sewer” means a pipe or conduit for carrying sewage.

“Sewer lateral” means the extension from the building drain to the public sewer or other place of disposal.

Shall, May. “Shall” is mandatory. “May” is permissive.

“South County Regional Wastewater Authority” or “the Authority” shall mean the joint powers agency established under the Joint Exercise of Powers Act of the State of California by and between the Cities of Gilroy and Morgan Hill to construct, operate and maintain facilities for the collection, treatment or disposal of sewage, waste and storm water.

“Storm drain” means a pipe or conduit which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

“Suspended solids” means solids that either float on the surface of, or are in suspension in wastewater, liquids; and which are largely removable by laboratory filtering.

“User” means any person responsible for payment of sewer service charges for premises served as provided in this chapter.

“Wastewater” means sanitary sewage and industrial wastes.

“Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. (Ord. No. 857, § 2, 7-7-69; Ord. No. 81-28, § 2, 9-8-81; Ord. No. 85-11, § 1, 7-15-85; Ord. No. 89-8, § 1, 4-3-89; Ord. No. 93-21, § II, 10-25-93)

19.2 Reserved.

Editor’s note: Section 19.2 was repealed by Ord. No. 650, § 1.

ARTICLE II. SANITARY DISPOSAL OF SEWAGE WITHIN CITY

19.3 Reserved.

Editor’s note: Section 19.3 was repealed by Ord. No. 857, § 1, enacted July 7, 1969.

19.4 Application of article.

This article shall apply to all territory embraced within the incorporated limits of the city. (Ord. No. 633, § 1)

19.5 Use of pit or vault privies generally.

It shall be unlawful to use or maintain a pit or vault privy excepting that no requirement herein shall prohibit the lawful use of portable chemical toilets on a temporary basis. (Ord. No. 633, § 2)

19.6 Buildings where persons live or congregate shall have flush toilets connected with an approved sewerage system.

It shall be unlawful to maintain, or use, any residence, place of business, or other building or place where persons reside, congregate, or are employed which is not provided with means for the disposal of sewage by a flush toilet connected with a sewerage system approved by the health officer. (Ord. No. 633, § 2)

19.7 Buildings abutting streets or within two hundred feet of streets with sanitary sewers to be connected therewith.

Every building where persons reside, congregate, or are employed which abuts a street or alley in which there is an approved public sanitary sewer, or which is within two hundred (200) feet of an approved public sanitary sewer, shall be connected to the sewer, by the owner or agent of the premises, in the most direct manner possible, and with separate connection for each home or building. (Ord. No. 633, § 3)

19.8 Unlawful construction or maintenance of systems for treatment or disposal of sewage, etc.; exceptions.

It shall be unlawful for any person to construct or maintain any privy, cesspool, septic tank, sewage treatment works, sewer pipes or conduits, or other pipes or conduits for the treatment or discharge of sewage or impure waters or any matter or substance offensive, injurious or dangerous to health, whereby they shall do any of the following:

(a) Overflow any lands whatever;

(b) Empty, flow, seep, drain into or affect any springs, streams, rivers, lakes or other waters within the city; provided, however, if with respect to existing septic tanks, sewage treatment works, sewer pipes or conduits or other pipes or conduits for the treatment or discharge of sewage or impure waters, it would be exceptionally difficult, if not impossible to comply with the provisions of this section, the health officer shall have the power by special permit to allow such variations from the provisions contained in this section as will prevent unnecessary hardship or injustice and at the same time most nearly accomplish the general purpose and intent hereof. (Ord. No. 633, § 4)

19.9 Plans, design standards and inspection of sewerage construction.

Plans for sewerage construction shall meet all design requirements of the Standard Details, Public Works Department Manual and shall also meet the design requirements as established from time to time by the director of public works.

Inspection of all sewerage construction shall be made by the city in the manner described in Standard Specifications for Public Works Construction (commonly referred to as the “Green Book”). Maximum allowable infiltration/exfiltration shall be as determined in section 306-1.4, testing pipelines, of the “Green Book.” (Ord. No. 88-3, § 2, 1-19-88)

Editor’s note: Former § 19.9 was repealed by Ord. No. 857, § 1, enacted July 7, 1969.

19.10 Permit and approval required for construction, etc., of residences, etc., not connected to public sanitary sewer; certificates of occupancy.

It shall be unlawful for any person to construct, build, or rebuild any residence, place of residence, or other building or place where persons congregate, reside or are employed which is not to be connected to an approved public sanitary sewer without first submitting plans of the means of sewage disposal to the health officer, and obtaining a permit therefor as herein provided. Such plans shall include the plot plan of the premises with sufficient elevations, the size and type of septic tank, and a plan of the absorption field, giving all dimensions and other pertinent information. Every applicant for a permit shall pay to the health officer for each permit issued a fee as established by the county for that purpose.

No building permit as required in the city zoning ordinance, and any amendments thereto, shall be issued for any building which is not to be connected to an approved public sanitary sewer, without the written approval of the health officer of the plan of the means of sewage disposal for such building.

No certification of occupancy shall be issued for any building which is not connected to an approved public sanitary sewer without the written approval by the health officer of the means of sewage disposal for such building. (Ord. No. 633, §§ 6—8; Ord. No. 81-28, § 3, 9-8-81).

19.11 Reserved.

Editor’s note: Section 19.11 was repealed by Ord. No. 857, § 1, enacted July 7, 1969.

19.12 Responsibility imposed on city or employees under article.

This article shall not be construed as imposing upon the city any liability or responsibility for damage resulting from the defective construction of any sanitary disposal system as herein provided, nor shall the city or any official or employee thereof be held as assuming any such liability or responsibility by reason of the inspection authorized thereunder. (Ord. No. 633, § 13)

ARTICLE III. AGRICULTURAL PROCESSING SEWER SYSTEM

DIVISION 1. IN GENERAL

19.13 Reserved.

Editor’s note: Section 19.13 was repealed by Ord. No. 857, § 1, enacted July 7, 1969.

19.14 Discharge of wastes other than agricultural processing wastewater into agricultural processing sewer system.

It shall be unlawful for any person to discharge or to allow the discharge of wastes, other than agricultural processing wastewater, into the agricultural processing sewer systems or into any pipe line, either private or public, which leads into the agricultural processing sewer system. In the event that such connections exist, or are in the future discovered to exist, which discharge into the agricultural processing sewer system, they shall immediately be disconnected and the cost thereof shall be paid for by the owner or user of the connection. If any such connections exist and are not disconnected within twenty-four (24) hours after due notice from the director of public works, all sewer services to that user shall be discontinued. (Ord. No. 606, § 2; Ord. No. 81-28, § 5, 9-8-81)

19.15 Discharge of certain other wastes prohibited.

No peaches, plums, cherries, apricots, prunes, nectarines, pears, tomatoes, onions, garlic, fruit pits, or vegetable and fruit peelings shall be discharged into or permitted to enter the agricultural processing sewage system. (Ord. No. 606, § 3; Ord. No. 81-28, § 6, 9-8-81)

19.16 Reserved.

Editor’s note: Section 19.16 was repealed by Ord. No. 857, § 1, enacted July 7, 1969.

19.17 Transfer from municipal to agricultural processing sewer system.

In the case of an agricultural processing sewer connection made to the municipal sewer system, where in the future the agricultural processing sewer system may be made available for connection, then upon request of the director, the person owning or operating the processing plant shall, at his own expense, upon the request of the director, change the connection from the municipal sewer system to the agricultural processing sewer system. (Ord. No. 606, § 4; Ord. No. 81-28, § 7, 9-8-81)

19.18 Reserved.

Editor’s note: Section 19.18 was repealed by Ord. No. 857, § 1, enacted July 7, 1969.

19.19 Enforcement of article.

The city administrator shall insure enforcement of this article by coordinating the actions of the director of public works and other city departments concerned. The director of public works is hereby charged with the enforcement of all the provisions of this article. (Ord. No. 606, § 10)

19.20 Reserved.

Editor’s note: Section 19.20 was repealed by Ord. No. 857, § 1, enacted July 7, 1969.

19.21 Compliance generally.

No person shall discharge waste, or allow the discharge of waste, into the agricultural processing sewer system, except in compliance with the terms of, and upon the payment of the charges provided in, this article. (Ord. No. 606, § 7; Ord. No. 81-28, § 8, 9-8-81)

DIVISION 2. PERMIT

19.22 Required; application.

Before any industrial sewer connection is made to the agricultural processing sewer system, a permit must first be obtained from the director. Application for a permit to discharge such industrial waste shall be in writing and shall contain the following information:

(a) Name and address of applicant;

(b) Proposed location of connection;

(c) Estimated gallonage of wastes proposed to be discharged, estimated time of discharge, time of peak loads and other similar data;

(d) Character of wastes to be discharged;

(e) Other information as may be deemed to be necessary by the director. (Ord. No. 606, § 3; Ord. No. 81-28, § 9, 9-8-81)

19.23 Investigation.

Upon receipt of an application as provided in the preceding section, the director shall make such investigation as he shall deem necessary. (Ord. No. 606, § 3)

19.24 Issuance—Generally.

In the event that the director finds and determines that:

(a) The agricultural processing sewer line in which the connection is to discharge has sufficient unused carrying and treatment capacity for the disposition of these wastes;

(b) The character of the wastes proposed to be discharged by the applicant is such that they can be successfully handled by the receiving treatment facility;

(d) The applicant pays all applicable fees;

then he shall issue a permit to the applicant as requested. (Ord. No. 606, § 3; Ord. No. 81-28, § 10, 9-8-81)

19.25 Same—Authority of director to prescribe conditions.

The director, at his discretion and toward the end of fulfilling the intent and purposes of this article, may grant a permit in part only and thereupon prescribe conditions with respect to discharge of such waste into such system and may require pretreatment thereof, including, but not limited to, the type of treatment, the size mesh and maintenance of individual screens which may be needed to collect waste products and the construction and use of tanks designed to equalize flow and reduce peak loads. (Ord. No. 606, § 3; Ord. No. 81-28, § 11, 9-8-81)

19.26 Change in character of industrial waste.

In the event that after the granting of a permit, as provided for in this article, the industrial wastes shall develop, by reason of increased flow, a change of character of discharge, or for any cause whatsoever it becomes necessary or desirable to change the conditions prescribed at the time of issuing said permit, then the director may revoke such permit or may impose further conditions with respect thereto, toward the end of remedying such conditions. (Ord. No. 606, § 3)

19.27 Right of appeal following denial of permit, etc.

Any person who shall be dissatisfied with the action of the director in denying a permit or granting a permit wherein conditions are imposed, or in modifying or revoking a permit or in requiring a transfer from the municipal to the agricultural processing sewerage system, may appeal to the city council. In the event of such an appeal, the director shall transmit to the council a report setting forth the reasons for denying the permit or imposing conditions or for revoking or modifying a permit or in requiring a changeover. The council shall have full power to review any action of the director. (Ord. No. 606, § 5; Ord. No. 81-28, § 12, 9-8-81)

DIVISION 3. AGRICULTURAL PROCESSING SEWER CHARGES²

19.28 Charges for agricultural processing sewer services.

Charges for the making available and the providing by the city of an agricultural processing wastewater collection, treatment and disposal service shall be as fixed from time to time by resolution of the council, a copy of which shall be kept on file at the office of the city clerk. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 14, 9-8-81)

19.29 Types of agricultural processing sewer charges.

Charges include service charges, standby charges and right-of-use charges. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 15, 9-8-81)

19.30 Service charges—Basis.

Service charges shall be established for services rendered, using the criteria of biochemical oxygen demand (“BOD”), suspended solids (“solids” or “silt”), and effluent flow (“flow”). (Ord. No. 81-9, § 1, 3-2-81)

19.31 Same—BOD and solids.

Samples of agricultural processing waste discharge shall be taken, under the direction of the director, during each calendar month that an agricultural processing [system is in actual operation and discharging agricultural processing] wastewater, and shall be analyzed for BOD and solids concentrations. The cost of operation related to each of these constituents, will be distributed in proportion to the load discharged. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 16, 9-8-81)

19.32 Reserved.

Editor’s note: Section 19.32, service charges based on flow, was repealed by § 17 of Ord. No. 81-28, adopted Sept. 8, 1981. Formerly, said section derived from Ord. No. 81-9, § 1, adopted March 2, 1981.

19.33 Flow metering—Generally.

The user shall install at its expense a sewage meter on each agricultural processing waste line which discharges into the agricultural processing sewer system. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 18, 9-8-81)

19.34 Same—Type, location and installation.

The type, location and installation of all meters shall be approved by the director. (Ord. No. 81-9, § 1, 3-2-81)

19.35 Same—Failure to install.

If the user does not install meters as directed by the director, the director may, with the approval of the city council, either install a sewer meter on the agricultural processing waste line of the user at the user’s expense or discontinue all sewer service to the user. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 19, 9-8-81)

19.36 Standby charges—General.

Standby charges shall be payable in the event service is available from the city and is not received by an agricultural processing user during a calendar year in which bonds issued pursuant to the City of Gilroy Sewer Revenue Bond Ordinance for the agricultural processing wastewater and sewage collection, treatment or disposal facilities or additions or improvements thereto are outstanding. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 20, 9-8-81)

19.37 Same—Basis.

The annual standby charge shall be based upon a ratio computed for the latest calendar year that such service is received by such user. The ratio is that of the gross revenues of the city for such service from such user to that of the gross revenues of the city for such service from all users (including such user) from which no standby charge was payable. Such ratio shall be applied to the annual fiscal agent fee and expenses, if any, and principal of and interest on the bonds outstanding and maturing during subsequent calendar years as reduced by any standby charges payable by another user the ratio of which is computed for a calendar year preceding the calendar year for which the ratio of such user is computed, and the product is the standby charge of such user for such calendar year. (Ord. No. 81-9, § 1, 3-2-81)

19.38 Service availability, rendition and receipt.

(a) Service shall be deemed to be available from the city if the user can lawfully discharge wastewater into the agricultural processing sewer system within an aggregate period of two (2) months during a calendar year, shall be deemed to be rendered by the city if the user does discharge wastewater into such system at any time during such calendar year, and shall be deemed to be received by such user during such calendar year if such user does discharge wastewater to such system within an aggregate period of forty-five (45) days that such user is in actual operation during such calendar year.

(b) Neither the discontinuance of service nor the discontinuance of city water service, to a user by the city because of the failure or refusal of such user to comply with provisions of law, including this Code, shall be deemed to make service unavailable from the city to such user. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 21, 9-8-81)

19.39 Right-of-use charges.

Right-of-use charges shall be payable by agricultural processing users for which service becomes available, except that successors by consolidation of merger of a user which is not in default in compliance with provisions of law, or assignees of all or substantially all of the assets of a user which is not in default as aforesaid and which assets are used or useful in the business conducted at the premises of such user for which service is available, shall not be required to pay a right-of-use charge. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 22, 9-8-81)

19.40 Charge collection.

(a) Service charges shall be due on the first day of the month succeeding the month in which service is rendered and shall be delinquent the first day of the next month thereafter, except that service charges shall be recomputed within the last three (3) months of each calendar year, and such charges for services rendered, together with the right of use and annual standby charges, if any, shall be due by the twentieth day of November and shall be delinquent the first day of December of each calendar year.

(b) All types of charges, as defined in section 19.29 hereof, which become delinquent, shall accrue basic and additional penalties. The basic penalty shall be ten (10) per cent of the delinquent charges, and shall attach the first day of the delinquency. The additional penalties shall be one-half of one per cent of the delinquent charges and basic penalty per month, and shall attach the first day of each month thereafter.

(c) If the director is of the opinion that a deposit is required to protect the interests of the city, he may require a deposit not exceeding the estimated amount of one year’s charges before permitting the discharge of wastewater into the agricultural processing sewer system, and that the deposit be maintained. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 23, 9-8-81)

19.41 Billings.

(a) Service charges including penalties thereon and deposits collected shall be together with and not separately from the charges for municipal and nonagricultural processing sewer service and the charges for city water service, and all such charges shall be billed monthly as a part of the same billing and collected as one item.

(b) Service charges, standby charges and right-of-use charges, as well as municipal and nonagricultural processing sewer service charges and city water service charges, shall be billed as follows:

(1) In the case of service charges, including penalties and deposits, to the occupier of the premises at the time service was rendered. The occupier may be deemed, in the case of premises connected to the city water system, to be the user requesting such connection, or successor, or any person requesting that billing be made to it. The occupier may be deemed, in the case of premises not connected to the city water system, to be the user requesting the connect to agricultural processing sewer system, or successor, or any person requesting that billing be made to it.

(2) In the case of standby charges or right-of-use charges, including penalties, and deposits, to the owner of the premises at the time such charge becomes due, or to the person guaranteeing payment of charges. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 24, 9-8-81)

19.41.1 Failure to pay charges.

Upon the failure to pay any charges prior to delinquency, any one or more of the remedies provided herein may, or where otherwise required, shall be taken by the city or city officials to enforce payment. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 24, 9-8-81)

19.41.2 Action for unpaid charges.

The city may bring an action in any court of competent jurisdiction, in the case of service charges against the occupiers of the premises at the time service was rendered, and in the case of standby charges or right-of-use charges against the owners of the premises at the time such charge became due, or against any person guaranteeing payment of charges, or against any or all of said occupiers, owners or other persons, for the collection of the amount of any required deposit or the collection of delinquent charges and all penalties thereon. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 24, 9-8-81)

19.41.3 Charges to be a lien on premises.

(a) Delinquent charges and all penalties thereon when recorded as provided by subsection (b) shall constitute a lien upon the real property (except that no such lien shall be created against any publicly owned property) and such lien shall continue until the charges and all penalties thereon are fully paid or the property sold therefor.

(b) The lien provided by subsection (a) shall attach when the treasurer or other officer whose duty is to collect the charge records a list of delinquent unpaid charges and penalties thereon with the county recorder, stating the amount of each charge and the penalty thereon, a description of the real property upon which the same is a lien and that the amount is payable to the City of Gilroy. Such lien shall have the same force, effect, priority and duration as to the property described as would the lien of an abstract of a judgment against the owner of the real property at the time such list is recorded and may be enforced in like manner. Property may be discharged from the lien within one year from the date of recording by the payment of all delinquent charges plus penalties. A list of all such delinquent charges shall be recorded at least every six (6) months, but no delay or informality in recording the same shall invalidate the lien or any unpaid charge or any subsequent act or proceeding. If through error or otherwise the amount of any unpaid charge plus penalties thereon as stated in said list shall be incorrect, said error shall be disregarded and shall not affect or invalidate the filing if said error is one dollar ($1.00) or less. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 24, 9-8-81)

19.41.4 Action to enforce lien.

The city may bring an action in any court of competent jurisdiction to enforce the lien of the charge and all penalties thereon. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 24, 9-8-81)

19.41.5 Discontinuance of sewer and water service.

If all or any part of a billing is not paid, the city may discontinue any and all services, both sewer and water, for which the billing is rendered. Whenever sewer or water service to a premises has been discontinued, such service shall not be reinstituted until all charges billed as a part of the same billing, including penalties, together with such reasonable charges for reinstitution of such service as may be fixed from time to time by the council, have been paid. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 24, 9-8-81)

19.41.6 Remedies for collection and enforcement; payment of costs.

Remedies for collecting and enforcing charges are cumulative and may be pursued alternately, or any thereof may be used consecutively when the council so determines. The costs of collection and enforcement of the remedies for the collection of charges may be paid from the revenues. In any actions provided for by section 19.41.2 or 19.41.4, the persons delinquent or the liened premises, as the case may be, shall also be liable for reasonable attorney’s fees and costs of suit. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 24, 9-8-81)

19.41.7 Sewer revenue agreements.

In the event the city proposes to issue or issues bonds pursuant to the City of Gilroy Sewer Revenue Bond Ordinance, in order to further secure such bonds or tend to make them more marketable, the city and users of the agricultural processing sewer system may contract with respect to the establishment and collection of charges and other related matters, provided not inconsistent with this article. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 24, 9-8-81)

19.41.8 Disposition of revenues.

In the event bonds pursuant to the City of Gilroy Sewer Revenue Bond Ordinance are outstanding and not discharged, all charges received for, and all other income and receipts derived from the operation of the agricultural processing sewer system or arising from such system, shall be used and applied as provided in the proceedings pursuant to which such bonds are issued. In the event amounts are transferred to the city pursuant to such proceedings, such amounts shall be transferred to the general fund of the city to be used toward the expenses of maintaining and operating the agricultural processing and municipal sewer system. (Ord. No. 81-9, § 1, 3-2-81; Ord. No. 81-28, § 24, 9-8-81)

ARTICLE IV. PUBLIC SEWER EXTENSIONS

19.42 Application for sewer extension—Generally.

An owner of real property within any district or area that has been annexed to the city and become a part thereof subsequent to the enactment of this article or of real property in the city that has not been subjected to the cost of the furnishing, construction and/or installation of sewers in the city either by being a part of the city when bonds were voted and issued for such sewers or by being in an improvement or assessment district formed for such purpose, may apply in writing to the city for an extension of the sewer system of the city to such a point as will permit the applicant to connect his property therewith. Such application shall contain a description of the applicant’s property and shall be referred to the director of public works. (Ord. No. 477A, § 1)

19.43 Same—Investigation, etc., by director of public works; joint applications.

The director of public works shall make an investigation of the work to be done under the application, and the estimated cost of making the extension applied for, and also a statement or recommendation as to whether in his opinion it is feasible and practical to make the extension; two (2) or more property owners in the same general area may join in an application, in which event the report of the director of public works shall include the estimated cost of making the extension under all the applications and the proportion of the estimated cost the owner of each parcel of property shall bear. (Ord. No. 477A, § 1)

19.44 Preparation of plat, etc.; cost estimate; written agreement.

It shall be the duty of the director of public works, when requested by the city council, to prepare a plat and indicate the boundaries of the area which will be benefited by the sewer main extension, and the same shall be filed with the city clerk for reference to the council. In considering the application for the extension and the report and recommendations of the director of public works, the council shall determine the definite estimated cost of the proposed extension and its feasibility, and may then, if it determines such extension to be feasible and practical, enter into a written agreement or agreements with such applicant for the extension of the sewer system in accordance with the provisions of this article and the laws in such cases made and provided. (Ord. No. 477A, § 1)

19.45 Additional facilities not covered by application.

Whenever the extent of the applications is such as to justify, in the opinion of the city council, after an investigation, larger mains or more extensive installations than those immediately required by the applicants, because of probable future needs, development and growth of the general area in which the property covered by the applications is located, or of adjacent or intermediate areas, such additional or increased facilities may be made a part of the project and financed by the city. The director of public works in such event shall include in his estimate of the cost of the extension the portion thereof which the city will finance under such circumstances. (Ord. No. 477A, § 1)

19.46 Procedure for approving application.

The city council may, if it believes the extension of the sewer system should be made in accordance with the application required in section 19.42, adopt a resolution providing that, when the agreements with the applicants, mentioned in this article, have been executed by the applicants and the cost to be borne by the property owners either paid or the lien and installment agreements described have been executed, the extensions will be made. The resolution shall specify that part of the cost of the extension to be borne by the city, if any, and the part that is to be borne by the applicants. (Ord. No. 477A, § 1)

19.47 Commencement of work generally.

No work shall be begun upon the extension of the sewer system until that part of the estimated cost to be borne by the applicants shall be paid to the city, or the lien and installment agreements described, have been executed and all rights of way necessary secured. (Ord. No. 477A, § 1)

19.48 City may defray expense of extension.

Where the applications for an extension of the sewer system of the city under the provisions of this article relate to a particular area or section of the city so that the same may be termed a district, the work of constructing the extension of the sewer and water system into the area pursuant to the applications may be undertaken by the city, even though some property owners may not have signed applications or paid or agreed to pay their share of the cost thereof. In cases where the nonsigning owners are few in number compared with the total number of applicants, the city may initially pay the cost of the sewer extension which such property owners would have paid had they executed an application pursuant to this article, if, in the judgment of the city council, the city can afford to defray the expense, and the amount thus expended may, in its judgment, be recoverable under other provisions of this article. (Ord. No. 477A, § 1; Ord. No. 498, § 1)

19.49 Installment agreement.

Applicants for an extension of the sewer system shall pay the amount as determined in accordance with the preceding provisions of this article to the city in full, or sign a written agreement in individual cases to pay applicant’s proportionate part of the cost in case there is more than one applicant, or the entire cost where there is a single applicant, in installments of not less than twenty per cent thereof at the time of the signing of the agreement, twenty per cent thereof three months after the work on the proposed sewer extension is commenced, and twenty per cent each three months thereafter until the same is fully paid, before any work is begun on the extension. (Ord. No. 477A, § 2)

19.50 Lien agreement; provisions of installment and lien agreement.

The written installment agreement provided in the preceding section, signed by the applicant, together with a lien agreement upon the property covered by such application signed by the owner to secure the same, shall be filed with the city clerk. Such installment agreement and lien agreement shall have the usual provisions contained in a promissory note and deed of trust, including the provision that the deferred balance shall bear interest from time of commencement of work upon the extension to the date when paid at the rate of seven per cent per annum, and that in the case of foreclosure all necessary and reasonable court costs, including the cost of obtaining a title insurance policy on such property for foreclosure purposes, and all other expenses incurred by the city in protecting such security shall be paid by the property owner. (Ord. No. 477A, § 2)

19.51 Title insurance policy.

The city may, before accepting the installment and lien agreement, require that the applicant furnish a title insurance policy showing the condition of the title to his property at the time, and may reject any agreement unless it satisfactorily appears that such lien agreement constitutes good and sufficient security for the payment of the deferred installments. All such lien agreements shall be approved by the city attorney as to form. (Ord. No. 477A, § 2)

19.52 Inadequate security for installment and lien agreement.

The city council shall not be obligated to accept any installment and lien agreement in lien of a full cash payment in instances where it deems the security either inadequate or where the number of such agreements proposed on any sewer extension project will, in the judgment of the council, create too large a financial burden upon the city at the time or increase its financial responsibility beyond the amount justifiable in the opinion of the council. (Ord. No. 477A, § 2)

19.53 Each applicant to execute separate installment and lien agreement.

A separate installment and lien agreement shall be required of and executed by each applicant desiring to use that method of financing his proportionate cost of the work. (Ord. No. 477A, § 2)

19.54 Bids; disposition of costs paid by applicants.

The city, after the estimated cost of the extension to be borne by the property owners has been either paid to the city or provided for by installment and lien agreements, may either do the work connected with the extension itself or ask for bids and let the work by contract. If the city does the work, it shall keep an accurate account of the cost thereof. The monies paid by the applicants to the city to cover their part of the estimated cost shall be deposited in a fund to be kept by the city treasurer separate from other funds of the city. (Ord. No. 477A, § 3)

19.55 Performance of work by city; statement of costs; apportionment.

The extension of the sewer system applied for and the work to be done in connection therewith, if done by the city, shall be performed under the direction of the director of public works of the city. Upon the completion of the work, a statement in writing setting forth the total cost of the extension shall be submitted to the city council and filed with the city clerk, and the director of public works shall file with the city clerk a statement apportioning to each applicant his share of the cost of the work. (Ord. No. 477A, § 4)

19.56 Basis for apportionment of costs; refunds.

The apportionment provided in the preceding section shall be based upon the proportionate number of front feet of land belonging to each applicant as described in his application. If, when the work is completed, it shall be found that the actual cost thereof is less than the estimated amount, the excess of money paid to the city shall be refunded to the applicants in the same proportion that it was paid to the city. The amount to be refunded to those executing lien and installment or installments provided by such agreement to be paid. (Ord. No. 477A, § 4)

19.57 Notice of deficiency between actual and estimated costs; payment of deficiencies.

In the event that the actual cost of the work exceeds the estimated amount, the applicants, including those executing installment and lien agreements, upon notice and demand, shall forthwith pay the deficiency in the proper proportions in cash, and the agreements and installment and lien agreements shall expressly so provide. (Ord. No. 477A, § 4)

19.58 Contribution of proportionate share of cost a prerequisite to connection with sewer extension.

Whenever the sewer system of the city has been extended in accordance with the provisions of this article by the use of funds from voluntary contributions of the property owners or out of such funds jointly with city funds, no property owner in a district to which this article applies, who has not theretofore contributed toward or paid his proportionate share of the cost of such sewer main extension, shall connect with such extension until he has paid to the city such a sum in cash or executed an installment and lien agreement provided for in sections 19.49 and 19.50 of this article, for such a sum as would be his proportionate share of the cost of the extension had he joined with other property owners in asking for the extension at the time it was made, including his share of the cost borne by the city where the extension was so made as to be of more than local benefit, or of benefit to other property in addition to that whose owners joined in the original application, and he is a property owner of a class for which the additional or increased facilities were installed. (Ord. No. 447A, § 5)

19.59 Privately installed sewer lines or mains.

It is not the intention of this article, nor shall it be construed, to require a property owner who has already installed or constructed a sewer line or mains to or for his property at his own expense, to bear any part of the cost of any extension of a sewer made pursuant to this article in the event that such extension is connected with the privately installed sewer; provided, that the privately installed sewer is acceptable to the city as conforming to its specifications and requirements, and belongs to and becomes a part of the public sewer system of the city; provided, further that in the event of the extension of any sewer or sewer system under the provisions of this article, if such installation is of additional benefit to those who have already so constructed and installed an acceptable private sewer which is connected or which may be connected in the ordinary way with their property, the owners of such property shall bear such a portion of the cost, to be determined by the city council upon the recommendation of the city administrator and to be paid before making any connection to the extension. (Ord. No. 477A, § 6)

19.60 Subdivision sewer system or mains; increased benefit from extension.

The land in any subdivision or other tract where there has already been installed, at the expense of the owner thereof, a sewer system or mains acceptable to the city as conforming to the general specifications of its sewers, shall not bear any part of the cost of the extension of the sewer system of the city made pursuant to this article unless such extension is of additional benefit to the subdivision or land in which the sewer has already been installed at the expense of the owner thereof, and then only to the extent of the increased benefit derived from the extension, which increased benefit and the amount to be paid because thereof shall be determined by the city council upon the recommendation of the director of public works, and shall be paid by such owner before connecting his property to the extension or an installment and lien agreement entered into. (Ord. No. 477A, § 6)

19.61 Connection with sanitary sewer required; disconnection of septic tanks and cesspools.

In any area which shall be served by a sewer extension, every structure therein requiring sewage facilities must be connected to a sanitary sewer within thirty (30) days after such sanitary sewer is available, and septic tanks or cesspools connected to the structure shall be disconnected and filled with good sound earth at the time the sewer connection is made. The provisions of this article requiring the disconnection and abandonment of the use of septic tanks and cesspools when the sanitary sewer is available is based upon the knowledge and opinion of the city council that such septic tanks and cesspools are unhealthful, unsanitary and detrimental to the public welfare. (Ord. No. 477A, § 8; Ord. No. 79-4, § 1, 2-5-79)

19.62 Permit to connect to sewer extension.

It shall be unlawful for any property owner in a district mentioned in section 19.42 of this article to connect to a public sewer extension installed under the provisions of this article until he has obtained a permit from the proper city authority and paid his share of the cost thereof, or shall have entered into an installment and lien agreement as provided for in sections 19.49 and 19.50 of this article. (Ord. No. 477A, § 9)

19.63 Annexations subsequent to enactment of article.

The provisions of this article shall also apply to the extension of water mains where such extension is applied for by the owner of property within any district or area that has been annexed to the city and become a part thereof subsequent to the enactment of this article or of any area or district that has not been subjected to the cost of the furnishing, construction and/or installation of water mains in the city either by being a part of the city when bonds were voted and issued for such water mains, or by being in an improvement or assessment district formed for such purpose; and all the provisions of this article are hereby made applicable to such extensions of water mains and service except the provisions of section 19.62 and such other provisions as may be clearly inapplicable to the extension of water mains. (Ord. No. 477A, § 10)

19.64 Fire hydrants.

In the extension of water mains there shall be added to the project such fire hydrants as may in the judgment of the city council be reasonably required, and the cost thereof shall be borne proportionately by the property owners applying for the extension. (Ord. No. 477A, § 10; Ord. No. 81-28, § 25, 9-8-81)

19.65 Water main extension and connection trust fund.

There is hereby established and created a separate fund in the office of the city treasurer which shall be known and designated as the water main extension and connection trust fund which shall be distinct and separate from the sewer main extension and connection trust fund. The money shall be paid into and out of such fund in connection with the extension of water mains on the same basis as monies are paid into and out of the sewer main extension and connection trust fund in connection with the extension of sewer mains. (Ord. No. 477A, § 11)

19.66 Water mains, etc., to be property of city.

All water mains and systems and sewer mains and systems constructed or installed pursuant to this article, and all fittings, hydrants and fire boxes shall be the property of the city. (Ord. No. 477A, § 12)

ARTICLE V. LABOR CAMPS AND LABOR SUPPLY CAMPS OUTSIDE CITY

19.67 Definitions.

For the purposes of this article the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Labor camp” is any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance of way car, trailer coach or other housing accommodations, maintained without the boundaries of the city in connection with any work or place where work is being performed, and the premises upon which they are situated and/or the area set aside and provided for camping of five (5) or more employees by the employer.

“Labor supply camp” is any place, area, or piece of land without the boundaries of the city, where a person engages in the business of providing sleeping places or camping grounds for five (5) or more employees or prospective employees of another. (Ord. No. 630, § 1)

19.68 Cost of connecting and maintaining connections to sewer system.

Any labor camp or labor supply camp as herein defined shall pay to the city annually, a sum to be established by council resolution, from time to time, before such labor camp or labor supply camp shall be permitted to be connected with the city sanitary sewer system and thereafter, an annual charge shall be payable by such labor camps or labor supply camp to maintain connections with the city sewer system; such annual charge shall be paid on or before the first day of May of each year; in the event the amount first paid the city by the labor camp or labor supply camp is for a period of less than one year, there shall be a pro rata deduction. (Ord. No. 630, § 2; Ord. No. 81-28, § 26, 9-8-81)

19.69 Penalty for nonpayment of annual charge; action by city to recover charges.

In the event the annual charge is not paid within thirty (30) days from and after the first day of May of any year, a sum to be established by council resolution, from time to time, shall be added to the annual payment as a penalty, and unless paid with the annual charge within ten (10) days thereafter, the right to use the city sanitary sewer system shall terminate and the service shall forthwith be discontinued.

The city may institute an action to recover any monies which are payable but not paid to the city under this article, and in any such action, the court shall include in the judgment a reasonable attorney’s fee. (Ord. No. 630, § 3; Ord. No. 81-28, § 27, 9-8-81)

19.70 Rules and regulations of city administrator.

The city administrator shall establish rules and regulations not in conflict with this article under which labor camps and labor supply camps may be connected with the city sanitary sewer system. (Ord. No. 630, § 4)

ARTICLE VI. CHARGES FOR USE OF MUNICIPAL SEWER SYSTEM

19.71 Purpose of charges.

The purpose of the provisions of this article and of the sewer service and use charges herein established is to derive revenue which shall be used only for the acquisition, construction, reconstruction, maintenance and operation of the municipal sewer system of the city, for the implementation of the industrial waste pretreatment program, to repay principal and interest on any bonds which may hereafter be issued for the construction or reconstruction of sanitation or sewerage facilities, and to repay federal or state loans or advances, if any, which may hereafter be made to the city for the construction or reconstruction of municipal sewerage facilities; provided, however, that no such revenue shall be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers. (Ord. No. 775, § 1; Ord. No. 81-28, § 29, 9-8-81; Ord. No. 85-1, § 2, 7-15-85)

19.72 Definitions—Premises.

As used in this article, “premises” means and includes a building, structure or unit of real property, or portion thereof, situate either within or without the corporate limits of the city connected either directly or indirectly to the municipal sewer system, or from which any sewage is discharged directly or indirectly into such sewer system. (Ord. No. 775, § 1; Ord. No. 81-28, § 30, 9-8-81)

19.73 Same—Single-family dwelling.

As used in this article, “single-family dwelling” means and includes a detached building of permanent character, permanently affixed to a parcel of land, designed or used for occupancy for residential purposes, by one family only. (Ord. No. 775, § 1)

19.74 Reserved.

Editor’s note: Ord. No. 90-24, § 1, adopted November 19, 1990, repealed § 19.74 in its entirety. Former § 19.74 was concerned with duplex or two-family dwellings, and derived from § 1 of Ord. No. 775.

19.75 Same—Multiple-family dwelling unit.

As used in this article, “multiple-family dwelling unit” means and includes a building or portion thereof, of permanent character, permanently affixed to a parcel of land, designed or used for occupancy for residential purposes by two (2) or more families living independently of each other and doing their own cooking in such building, including, but not limited to, apartment houses, apartment hotels, group houses, etc. (Ord. No. 775, § 1; Ord. No. 90-24, § 2, 11-19-89)

19.76 Same—Trailer coach or mobile home park.

As used in this article, a “trailer coach or mobile home park” means and includes an area of land on which two (2) or more occupied trailer coaches or mobile homes are harbored, either free of charge or for revenue, together with any building, structure or enclosure used as part of the equipment of such park. (Ord. No. 775, § 1)

19.77 Same—Commercial, industrial or institutional premises.

As used in this article, “commercial or industrial or institutional premises” means and includes a unit of real property, or portion thereof, planned, designed or used and operated under one management for a commercial, industrial or institutional purpose. (Ord. No. 775, § 1; Ord. No. 85-11, § 3, 7-15-85)

19.78 Same—Sewage.

As used in this article, “sewage” means and includes sanitary sewage, and that industrial wastewater not discharged to the agricultural processing sewer system. (Ord. No. 775, § 1; Ord. No. 81-28, § 31, 9-8-81)

19.79 Rates and charges for municipal sewer service.

Rates for municipal sewer service and charges for industrial users shall be as fixed by resolution of the council, a copy of which shall be kept on file at the office of the city clerk. The charges established for the industrial users shall be based upon the measured or estimated constituents and characteristic of that user which may include, but not be limited to BOD, COD, SS, oil and grease and volume of the wastewater. (Ord. No. 775, § 1; Ord. No. 80-5, § 1, 1-21-80; Ord. No. 81-28, § 32, 9-8-81; Ord. No. 85-11, § 4, 7-15-85)

19.80 Types of charges for industrial user.

The types of charges for industrial use may include, but are not limited to:

(a) Fees for permit application.

(b) Fees for monitoring, inspections and surveillance.

(d) Other fees as the city may deem necessary to carry out the requirements contained herein. (Ord. No. 85-11, § 5, 7-15-85; Ord. No. 91-20, § 1, 9-16-91)

Note: See editor’s note to § 19.82.

19.81 Wastewater volume determination.

(a) Material Water Supply. Industrial user 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 the 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 approved by the director.

(b) Metered Wastewater Volume and Metered Diversions. For industrial users where, in the opinion of the director, a significant portion of the water received from any metered source does not flow into the 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 sewer. Written notification and proof of the diversion of water must be provided by the user if the user is to avoid the application of the user charges and fees against the total amount of water used from all sources. The user may install a meter of a type and at a location approved by the director and at the user’s expense. Such meters may measure either the amount of sewage discharged or the amount of water diverted. Such meters shall be tested for accuracy at the expense of the user when deemed necessary by the director.

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

(d) Estimated Wastewater Volume—Users with Source Meters. For industrial users who, in the opinion of the director, divert a significant portion of their flow from a sewer, the user charges may be based upon an estimate of the volume to be discharged. The estimate must include the method and calculations used to determine the wastewater volume and may consider such factors as the number of fixtures, seating capacity, population equivalents, annual production of goods and services, or such other determinations of water use necessary to estimate the wastewater volume discharged. (Ord. No. 85-11, § 6, 7-15-85)

Note: See editor’s note to § 19.82.

19.82 Reserved.

Editor’s note: Ord. No. 80-5, § 2, adopted Jan. 21, 1980, repealed former §§ 19.80—19.82, relative to sewer rates for single-family dwellings and churches, schools and institutions, and other users, all derived from Ord. No. 775, § 1, and from Ord. No. 814, § 1, adopted Jan. 2, 1968.

19.83 Exemption for nonsewer users.

The above charges shall apply only to users connected into the city sewer system. The above charges shall not apply to premises legally using privately owned sewer or septic tank system. (Ord. No. 775, § 1; Ord. No. 81-28, § 33, 9-8-81)

19.84 Nonwater users.

Any city sewer users not using city water shall be charged in accord with the above schedules of charges. Any such charges which are based upon water consumption shall be estimated by city water department employees using comparable users as a basis for such estimates. (Ord. No. 775, § 1)

19.85 Premises outside city limits.

No premises located outside the city limits shall be connected to the city sewer system without an agreement, approved by the city council, with the city permitting the same. Such sewer users whose premises are located outside the corporate limits of the city as may be permitted to connect their premises to the city sewer system shall be charged for and pay the current rates as specified for their type or class of property as if it were located within the city limits. (Ord. No. 775, § 1; Ord. No. 95-1, § II, 1-3-95)

19.86 Agreements with high volume sewer users.

The city council shall retain the right to maintain or to enter into negotiated sewer service agreements with high volume sewer users.

For the purposes of this section, “high volume sewer users” are hereby defined as any users whose sanitary sewer output exceeds five hundred thousand (500,000) gallons during any month of any fiscal year. (Ord. No. 775, § 1)

19.87 Reserved.

Editor’s note: Ord. No. 80-5, § 2, enacted Jan. 21, 1980, repealed § 19.87, concerning the effective date of sewer charges, derived from Ord. No. 775, § 1.

19.88 Due date.

All sewer service and use charges are due and payable on or before the last day of the month billed. (Ord. No. 775, § 1; Ord. No. 81-28, § 34, 9-8-81; Ord. No. 89-5, § 1, 3-20-89)

19.89 Payment—Billing.

All charges for sewage service and industrial use established by this article shall be paid to and collected by the director of finance of the city. Such charges may be billed upon the same bill used for the collection of charges for water and may be collected as one item, but a separate account shall be kept in the office of the director of finance of the amounts for all charges made for sewage service and use and the amount collected therefor.

If a bill for sewage service and use becomes delinquent, the director of finance shall send a written notice to the user that if the bill is not paid within ten (10) days, sewer service shall be discontinued.

On failure to comply with the rules and regulations established as a condition of the use of the sewage service or to pay the rates or any penalty imposed in the time and manner provided by this article, water may be shut off on any and all service where the delinquent user is being supplied with water until payment of the amount due. (Ord. No. 775, § 1; Ord. No. 85-11, § 7, 7-15-85; Ord. No. 89-5, § 1, 3-20-89)

19.90 Same—Persons responsible.

The owner of any premises is and shall be responsible for payment of any and all sewer service and use charges applicable to premises owned by him. It shall be and is hereby made the duty of each such owner to ascertain from the director of finance the amount and due date of any such charge applicable to premises owned by him and to pay such charge when due and payable. It also shall be and is hereby made the duty of all owners of all premises to inform the director of finance immediately of all circumstances, and of any change or changes in any circumstances, which will in any way affect the applicability of any charge to premises owned by him or the amount of any such charge. In particular, but not by way of limitation, an owner of any premises shall immediately inform the director of finance of any sale or transfer of such premises by or to such owner. (Ord. No. 775, § 1)

19.91 Penalty for delinquency.

Unpaid sewer service and use charges becomes delinquent after the last working day of the month billed. There shall be imposed a penalty equal to ten (10) per cent of the amount due. Thereafter a penalty equal to ten (10) per cent of the amount due shall be charged for each full month of delinquency after the last working day of the original billing. (Ord. No. 775, § 1; Ord. No. 847, § 1, 3-17-69; Ord. No. 89-5, § 1, 3-20-89; Ord. No. 91-16, § 2, 7-1-91)

19.92 Charge to be lien on premises.

Each charge levied, assessed or imposed by or pursuant to this article is hereby made a lien upon the premises on which the charge is imposed. (Ord. No. 775, § 1)

19.93 Enforcement of payment.

In the event of the failure of any owner to pay when due any sewer service and use charges applicable to premises owned by him, the city may enforce payment of such delinquent charges in any of the following manners:

(a) The city administrator may have such premises disconnected from the sewer system. In the event such disconnection should create a public hazard or nuisance, the city administrator or his representatives may enter upon the premises for the purpose of doing such things as may be reasonably necessary to alleviate or remove such hazard or menace. The owner of such premises shall have a duty to reimburse the city for all expenses incurred by the city in disconnecting any such premises, or in doing other things authorized by this article, and no reconnection shall be made until all such charges are paid.

(b) The city may institute action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as any other debts owing to the city may be collected; and in such action, the court may allow a reasonable attorney fee to the city for bringing the action, to be included in and as part of any judgment granted therein.

(c) Such other action may be taken as may be authorized by law and by the city council. (Ord. No. 775, § 1; Ord. No. 81-28, § 35, 9-8-81)

19.94 Exemptions from article.

All premises in the city which are situate within and are under the jurisdiction of any county sanitation district or sanitary district and which are required to pay sewer service, use, rental or other charges, rentals or fees for sewer services and facilities furnished by such district are hereby excepted from the provisions of this article until such time as such premises are withdrawn from such district. (Ord. No. 775, § 1)

19.95 Disposition of revenues collected.

All revenues collected pursuant to the provisions of this article shall be placed into a special fund which is hereby created for such purpose and which shall be known as the “sewer system, treatment and disposal plant fund.” Such revenues may be used for the purposes specified in section 19.71 and for no other purpose. (Ord. No. 775, § 1)

ARTICLE VII. SEWAGE STANDARDS AND CONTROL

19.96 Legal authority.

(a) The city or the authority shall operate pursuant to legal authority enforceable in federal, state or local courts, which authorizes or enables the city or the authority to apply and to enforce the requirements of sections 307(b) and (c), and 402(b)(8) of the Act and any regulations implementing those sections.

(b) Any and all industrial users, and any and all industrial waste or wastewater discharges, as defined in section 19.1, shall be regulated by the authority and subject to Ordinance 93-1, entitled “The Ordinance of the South County Regional Wastewater Authority Regulating Industrial Users and Setting Uniform Requirements for Discharge into the Wastewater Collection and Treatment System,” as adopted and as it may be amended from time to time.

(c) Whenever the city or any authorized representative of the city shall have cause to conduct a routine inspection or to suspect that a nuisance or violation of this chapter exists in any house, cellar, enclosure or building, within the city limits or discharging into the sewerage system, or for the purpose of inspecting and monitoring industrial waste discharges for general compliance, the person may demand entry therein at all reasonable times, and may take independent samples and if the owners or occupant shall refuse or delay to open the same and admit a free examination or sampling, such refusal or delay shall constitute a misdemeanor. (Ord. No. 857, § 3, 7-7-69; Ord. No. 81-28, § 36, 9-8-81; Ord. No. 87-1, § 1, 2-2-87; Ord. No. 89-8, § 2, 4-3-89; Ord. No. 91-10, § 1, 5-6-91; Ord. No. 93-21, § II, 10-25-93)

19.97 Reserved.

Editor’s note: Ord. No. 93-21, § II, adopted Oct. 25, 1993, repealed former § 19.97 in its entirety which pertained to the requirement of discharge to the public sewers and derived from Ord. No. 857, § 3, adopted July 7, 1969; Ord. No. 81-28, § 36, adopted Sept. 8, 1981.

19.98 Reserved.

Editor’s note: Ord. No. 93-21, § III, adopted Oct. 25, 1993, repealed former § 19.98 in its entirety which pertained to the prohibition of discharge of sanitary sewage, etc. to natural outlets. Former section 19.98 derived from Ord. No. 857, § 3, 7-7-69; Ord. No. 85-11, § 8, 7-15-85; Ord. No. 88-3, § 1, 1-19-88.

19.99 Compliance with other regulations.

No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the county health officer, the atomic energy commission, the regional water quality control board, or environmental protection agency. (Ord. No. 857, § 3, 7-7-69; Ord. No. 85-11, § 9, 7-15-85)

19.100 Discharge of storm waters, surface water, roof runoff or subsurface waters.

No person shall discharge or cause to be discharged any storm waters, surface waters, roof runoff or subsurface drainage to any municipal sewer.

Storm waters, surface waters, roof runoff or subsurface waters shall be discharged to such drains as are specifically designated as storm drains, or to a natural outlet approved by the director of public works. Industrial cooling, or other unpolluted process water shall be discharged to a storm drain if so required by the director of public works. (Ord. No. 857, § 3, 7-7-69; Ord. No. 81-28, § 37, 9-8-81)

19.101 Reserved.

Editor’s note: Ord. No. 93-21, § III, adopted Oct. 25, 1993, repealed former § 19.101 in its entirety which pertained to tampering with public sewers, and derived from Ord. No. 857, § 3, adopted July 7, 1969.

19.102 Certain wastes prohibited in public sewers.

Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

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

(b) Wastes having a temperature in excess of forty (40) degrees centigrade (104° F.)

(d) Wastes having a monitored pH lower than 6.5 or higher than 11.0, or having any corrosive property capable of causing damage or hazards to structures, equipment, or personnel of the public sewer systems. Where the city administrator or authorized representative deems it advisable, it may be required that any person discharging industrial wastes install and maintain in approved manner a suitable device to continuously measure and record the pH of the wastes so discharged.

(e) Wastes containing any noxious or malodorous gas or substance which either singly or by interaction with sewage or other wastes is, in the opinion of the director likely to create a public nuisance or hazard to life or prevent entry to sewers for their maintenance and repair.

(f) Wastes containing ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, hair, lime slurry, lime residues, chemical residues or paint residues in such quantity and concentration that in the opinion of the director, such substances will cause an obstruction to the flow in the sewer or otherwise interfere with the proper operation of the public sewer systems. Attention is called to the fact that the maximum permissible concentration will vary throughout the system depending upon the size of the particular receiving sewer and the flows therein.

(g) Wastes containing insoluble, nonflocculent substances having a specific gravity in excess of 1.10.

(h) Wastes containing soluble substances in such concentrations as to cause the specific gravity of the waste to be greater than 1.1.

(i) Any waters or wastes containing biochemical oxygen demand or suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

(j) Wastes containing grease, oil or other substances that will solidify or will become viscous at temperatures of thirty-two (32) degrees Fahrenheit and one hundred sixty (160) degrees Fahrenheit.

(k) Wastes containing visible amounts of grease, oil or other substances in concentrations or flows sufficient to cause stoppage, pluggage, breakage, or obstruction of flow to the treatment system, or cause any other damage or increased maintenance of the collection system.

(l) Wastes containing more than ten (10) milligrams per liter of the following gases: hydrogen sulfide, sulfur dioxide, nitrous oxide or any of the halogens.

(m) Sludges resulting from the treatment of concentrated solutions that are not acceptable for discharge to the sewers.

(n) Wastes containing gases or vapors, either free or occluded, in concentrations toxic or dangerous to humans or animals.

(o) Wastes containing any toxic radioactive isotopes without a special permit, except where:

(1) Permission of Governmental Agency. The person is authorized to use radioactive materials by the Atomic Energy Commission or other governmental agency empowered to regulate the use of radioactive materials.

(2) Conformance with Atomic Energy Commission Recommendations. The waste is discharged in strict conformity with current Atomic Energy Commission recommendations for safe disposal of radioactive wastes.

(3) Assumption of Responsibility. The person discharging the radioactive wastes assumes full responsibility for any injury to personnel or damage to the sewerage system that may result from such discharge and submits evidence satisfactory to the director of public works that he has assumed this responsibility. Any person discharging a radioactive waste to the public sewer in accordance with the provisions of the preceding paragraph shall submit to the director of public works such reports as the director may deem necessary. If any radioactive material is accidentally discharged into the public sewer, the person responsible shall:

a. Immediately notify the director of public works.

b. Render such technical or other assistance to the department of public works within his power to prevent the sewerage system from becoming contaminated with radioactivity.

(4) Permit. The person has secured a permit from the director of public works to discharge radioactive materials into the public sewers.

(p) By an industrial user, as defined in Section 19.1 herein and regulated pursuant to SCRWA Ordinance 93-l known as “The Pretreatment and Sewer Use Ordinance,” wastewater containing in excess of:

1000 mg/l	BOD
1000 mg/l	TSS
100 mg/l	Grease and oil as petroleum hydrocarbons
40 degrees C.	Temperature
6.5 to 11.0 pH units	pH
1.1 mg/l	Arsenic
0.01 mg/l	Cadmium
5.1 mg/l	Total Chromium
1.8 mg/l	Copper
1.8 mg/l	Cyanide
1.6 mg/l	Lead
0.03 mg/l	Mercury
2.7 mg/l	Nickel
4.2 mg/l	Silver
1.4 mg/l	Zinc
Trace mg/l	Total identifiable chlorinated hydrocarbons
Trace mg/l	Toxic organic compounds (priority pollutants as defined by the EPA)

All concentrations for metallic substances are for “total” metals unless indicated otherwise.

(1) Federal and State Requirements. Any applicable federal or state limitations on discharges shall apply in any case in which the federal or state requirements or limits are more stringent than the requirements or limitations in this article.

(2) City’s Right of Revision. The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in this article.

(3) Dilution Prohibited as Substitute for Treatment. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal National Pretreatment Standards, or in any other pollutant-specific limitation developed by the city or state.

(4) Accidental Discharges. Each user shall provide protection from accidental discharges of prohibited materials or other substance regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner’s or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. All existing users shall complete such a plan by January 1, 1983. No user who commences contribution to the wastewater treatment plant after the effective date of the ordinance from which this subsection derived [Ord. No. 81-28, effective 30 days from and after September 8, 1981] shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the wastewater treatment plant of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

a. Written Notice. Within five (5) days following an accidental discharge; the user shall submit to the director a detailed written report, describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the wastewater treatment plant, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.

b. Notice to Employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employees shall insure that all employees who may cause or suffer such dangerous discharge to occur are advised of the emergency notification procedure.

All of the preceding standards shall apply at the point where the wastes are discharged into the sanitary sewer system, or the storm drain system, and any chemical or mechanical corrective treatment required must be accomplished to practical completion before the wastes reach that point. (Ord. No. 857, § 3, 7-7-69; Ord. No. 79-4, § 2, 2-5-79; Ord. No. 81-28, § 38, 9-8-81; Ord. No. 85-11, § 10, 7-15-85; Ord. No. 87-1, § 2, 2-2-87; Ord. No. 89-8, § 3, 4-3-89; Ord. No. 91-10, § 2, 5-6-91; Ord. No. 91-20, §§ 2—4, 9-16-91; Ord. No. 2000-14, § I, 11-6-00)

19.103 Interceptors required; maintenance thereof.

Interceptors shall be provided when, in the opinion of the director of public works, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the director of public works, and shall be located as to be readily and easily accessible for cleaning and inspection. Screen type interceptors, in addition to other required interceptors, may be required for handling industrial waste.

Where installed, all interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. (Ord. No. 857, § 3, 7-7-69)

19.104 Review and approval required for discharge of certain wastes in public sewers.

(a) The admission into the public sewers of any wastewaters having any of the following, shall be subject to the review and approval of the director of public works:

(1) A biochemical oxygen demand greater than three hundred (300) milligrams per liter.

(2) More than three hundred (300) milligrams per liter of suspended solids.

(3) Any quantity of substances having the characteristics described in section 19.102.

(4) An average daily flow for any calendar month greater than two (2) per cent of the average daily sewage flow of the city based on dry weather conditions.

(5) An instantaneous or peak rate of flow, as measured at the connection with the public sewer, which is greater than five (5) times the daily average for the maximum calendar month.

(b) Where required by the director of public works, the owner shall provide, operate and maintain at his expense, such pretreatment facilities as may be necessary to:

(1) Reduce the B.O.D. to three hundred (300) milligrams per liter and the suspended solids to three hundred (300) milligrams per liter by weight; or

(2) Reduce objectionable characteristics or constituents to within the maximum limits provided for in section 19.102; or

(3) Control the quantities and rates of discharge of such sewage wastes.

(c) Plans, specifications and any other pertinent information relating to proposed pretreatment facilities shall be submitted to the director of public works for his approval, and no construction of such facilities shall be commenced until such approval is obtained in writing. No connection to the public sewer shall be made until the construction is complete and is acceptable to the director of public works. The owner shall furnish the city with results of such laboratory control tests and operating data as may be called for in the permit to enable the city to determine compliance with the provisions of this article.

(1) Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article, for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12.

(2) Modification of Federal Categorical Pretreatment Standards. Where the city’s wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply to the approval authority for modification of specific limits in federal pretreatment standards. “Consistent removal” shall mean reduction in the amount of pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system ninety-five (95) per cent of the samples taken when measured according to the procedures set forth in Section 403.7 (c) (2) of Title 40 of the Code of Federal Regulations, Part 403, General Pretreatment Regulations for Existing and New Source of Pollution, promulgated pursuant to the Act. The city may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and prior approval from the approval authority is contained. (Ord. No. 857, § 3, 7-7-69; Ord. No. 81-28, § 39, 9-8-81; Ord. No. 85-11, § 11, 7-15-85)

19.105 Reserved.

Editor’s note: Ord. No. 93-21, § III, adopted Oct. 25, 1993, repealed former § 19.105 in its entirety which pertained to the use of garbage grinders in individual dwelling units and derived from Ord. No. 857, § 3, adopted July 7, 1969; Ord. No. 81-28, § 41, adopted Sept. 8, 1981.

19.106 Permits required; application.

(a) General Permits. All industrial users proposing to connect to or to contribute to the municipal sewer system shall obtain an industrial waste discharge permit before connecting to or contributing to the municipal sewer system. All existing industrial users connected to or contributing to the municipal sewer system shall obtain an industrial waste discharge permit within one hundred eighty (180) days after the effective date of this section on August 14, 1985.

(b) Permit Application. Users required to obtain an industrial waste discharge permit shall complete and file with the city an application, in the form prescribed by the city, and accompanied by a fee to be set from time to time by council resolution. Existing users shall apply for a wastewater discharge permit within thirty (30) days after the effective date of this section on August 14, 1985, and proposed new users shall apply at least ninety (90) days prior to connecting to or contributing to the municipal sewer system. In support of the application, the user shall submit in units and terms appropriate for evaluation, the following information:

(1) Name, address, and location, (if different from the address);

(2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

(3) Wastewater constituents and characteristics including but not limited to those mentioned in section 19.102 and 19.104 of this article as determined by a state licensed analytical laboratory; all analyses shall be performed in accordance with procedures established by the administrator pursuant to section 304(h) of the act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with techniques approved by the administrator.

(4) Time and duration of contribution;

(5) Average daily and three-minute peak wastewater flow rates, including daily, monthly and season variations if any;

(6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;

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

(8) Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

(9) If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the user will provide such additional pretreatment. The complete date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

(i) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.)

(ii) No increment referred to in paragraph (i) shall exceed nine (9) months.

(iii) Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the director including, as a minimum, whether or not it complied with the increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress report to the director.

(10) Each product produced by type, amount, process or processes and rate of production;

(11) Type and amount of raw materials processed (average and maximum per day);

(12) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;

(13) Any other information as may be deemed by the city to be necessary to evaluate the permit application.

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

(c) Permit Modifications. Within nine (9) months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a waste discharge permit within one hundred eighty (180) days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the director within one hundred eighty (180) days after promulgation of an applicable federal categorical pretreatment standard the information required.

(d) Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:

(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a public sewer;

(2) Limits on the average and maximum wastewater constituents and characteristics;

(3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

(4) Requirements for installation and maintenance of inspection and sampling facilities;

(5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

(6) Compliance schedules;

(7) Requirements for submission of technical reports or discharge reports;

(8) All industrial users shall retain for a minimum of three (3) years any records of monitoring activities and results (whether or not such monitoring activities are required by the city) and shall make such records available for inspection and copying by the city. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or when requested by the city.

(9) Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced in the wastewater treatment system.

(10) Requirements for notification of slug discharges;

(11) Other conditions as deemed appropriate by the city to ensure compliance with this article.

(e) Permits Duration. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in Section 2 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(f) Permit Transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

(g) Reporting Requirements for Permittee.

(1) Compliance Date Report. Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the municipal sewage system any user subject to pretreatment standards and requirements shall submit to the director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional. This statement and all other reports to be submitted under 40 CFR 403.12 shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.

(2) Periodic Compliance Reports.

(i) Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the municipal sewage system, shall submit to the director during the months of June and December, unless required more frequently in the pretreatment standard or by the director, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in paragraph (b) (4) of this section. At the discretion of the director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the director may agree to alter the months during which the above reports are to be submitted.

(ii) The director may impose mass limitations on users which are using dilution to meet application pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subparagraph (1) of this paragraph shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the director of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the administrator pursuant to Section 304(g) of the Act contained in 40 CFR, Part 136, and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator. (Comment: Where 40 CFR, Part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, “Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants,” April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the administrator.)

(h) Pretreatment.

(1) Users shall provide necessary wastewater treatment as required to comply with this article and achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user’s initiation of the changes.

(2) The city shall annually publish in a qualified local newspaper a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the twelve (12) previous months. The notification shall also summarize any enforcement actions taken against the users during the same twelve (12) months.

(3) Representatives for the State of California and federal regulatory agencies shall be provided unrestricted access to pretreatment records.

(i) Confidential Information. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this article, the National Pollutant Discharge Elimination System (NPDES) Permit, state disposal system permit and/or the pretreatment program; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a ten (10) day notification is given to the user. (Ord. No. 81-28, § 42, 9-8-81; Ord. No. 85-11, § 12, 7-15-85; Ord. No. 87-1, § 3, 2-2-87; Ord. No. 89-8, §§ 4, 5, 4-3-89; Ord. No. 91-10, §§ 3, 4, 5-6-91)

19.107 Installation of manholes.

When required by the director of public works, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of wastes. Such manholes, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the director of public works. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. No. 857, § 3, 7-7-69)

19.108 Procedure for measuring, testing and analyzing characteristics of waters and wastes.

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in sections 19.102 and 19.104 shall be determined in accordance with the publication “Standard Methods for the Examination of Water, Sewage and Industrial Wastes,” as published by the American Water Works Association, and the American Public Health Association and the Federation of Sewage and Industrial Wastes Association, and shall be determined at the control manhole provided for in section 19.107, or upon suitable samples taken at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

Samples for analysis shall be representative of the total waste volume and composite samples shall be collected in proportion to the rate of flow at the time of sampling.

Quantitative flow measurements shall be made using primary metering elements and recording devices which have been previously approved by the director of public works. (Ord. No. 857, § 3, 7-7-69)

19.109 Reserved.

Editor’s note: Ord. No. 93-21, § III, adopted Oct. 25, 1993, repealed former § 19.109 in its entirety. Former section 19.109 pertained to special agreements with other public jurisdictions for discharge of industrial wastes and derived from Ord. No. 857, § 3, adopted July 7, 1969; Ord. No. 89-8, § 6, adopted April 3, 1989.

19.110 Septic tank pumpers.

The city sewer plant will be made available to all licensed septic tank pumpers. However, wastes collected outside the city sewer plant jurisdiction shall not be accepted. All septic tank pumpers dumping at the city sewer plant shall be subject to city regulations and a city business license. Fees for dumping wastes and city sewer plant jurisdiction shall be set by resolution. Any septic tank pumper discharging into the city sewer system at any point other than the city sewer plant shall be in violation of this article and any such violation shall constitute a misdemeanor. (Ord. No. 857, § 3, 7-7-69; Ord. No. 87-7, § 1, 4-20-87)

19.111 Violations; civil penalty.

Any user who is found to have violated an order of the city council or who failed to comply with any provision of this chapter and the orders, rules, regulations and permits issued hereunder, shall be fined no less than one thousand dollars ($1,000.00) for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. The city may also discontinue all services for water and sewer until the violations are corrected. In addition to the penalties provided herein, the city may recover reasonable attorney’s fees, court costs, court reporter’s fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and permits issued herein. (Ord. No. 857, § 3, 7-7-69; Ord. No. 83-2, § 1, 2-22-83; Ord. No. 85-11, § 13, 7-15-85; Ord. No. 89-8, § 7, 4-3-89; Ord. No. 91-10, § 5, 5-6-91)

19.112 Summary abatement of certain nuisances.

Whenever the director of public works, or any duly authorized representative of the city, finds that a nuisance exists which is an actual menace to public health and safety, he may abate the same forthwith, or he may immediately discontinue all services for water, sewer and garbage until the nuisance is abated. (Ord. No. 857, § 3, 7-7-69; Ord. No. 83-2, § 1, 2-22-83)

19.113 Reserved.

Editor’s note: Ord. No. 93-21, § III, adopted Oct. 25, 1993, repealed former § 19.113 in its entirety. Former section 19.113 pertained to damage to the sewerage works and derived from Ord. No. 857, § 3, adopted July 7, 1969; Ord. No. 81-28, § 43, adopted Sept. 8, 1981.

19.114 Civil liability for results of violations.

Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation. (Ord. No. 857, § 3, 7-7-69)

19.114-1 Injunctive relief.

The city shall have the right to seek injunctive relief for noncompliance by industrial users with any pretreatment standards and requirements. (Ord. No. 91-10, § 6, 5-6-91)

ARTICLE VIII. DAILY SEWER ALLOCATION AND OVERUSE PENALTIES

19.115 Daily sewer use allocation.

(a) In accordance with the terms of this chapter, the city shall calculate a daily sewer use allocation for: (1) existing parcels of commercial and industrial real property that have a connection to municipal sewer service but do not have an existing sewer use allocation; (2) existing parcels of commercial and industrial property that have existing sewer use allocations, which allocations were not imposed on such parcels as part of, or in conjunction with, agreements related to development or improvement of the parcels; and (3) parcels of real property for which the city receives applications for new commercial and/or industrial development or uses as well as increased sewer capacity allocation.

(b) A daily sewer use allocation for any parcel of real property shall be purchased from city at such cost and on such terms and conditions as may be established from time to time by city council resolution.

(c) Upon receipt of an application for a daily sewer use allocation for new development on a parcel of real property, or for increased sewer use for an existing development on such a parcel, the city may require an applicant for purchase of a daily sewer use allocation to provide information necessary to confirm, to the city’s satisfaction, that the allocation corresponds to the amount of sewer that occupants of the parcel are reasonably expected to use. The city shall have the right, in its discretion, to determine whether the applicant’s requested allocation is sufficient, insufficient or excessive.

(d) Upon receipt of an application for a commercial or industrial use on a parcel of real property that already has a connection to the municipal sewer service, but no current daily sewer use allocation, the city shall issue a daily sewer use allocation for such parcel as further set forth in section 19.115-1. For any parcel with an existing connection to municipal sewer service, existing sewer use shall be allocated at no cost. If the parcel thereafter requires an additional sewer use allocation, such allocation shall be purchased at such cost and on such terms and conditions as may be established from time to time by city council resolution.

(e) The city’s daily sewer use allocation shall be considered an entitlement that shall not be alienable from the parcel of real property containing such allocation. Upon subdivision of such parcel, the sewer use allocation shall be divided proportionately among the resulting parcels of real property based on the square footage of the land contained in each resulting parcel.

(f) Upon determination of an appropriate daily sewer use allocation for all parcels of real property for which a new or increased allocation is sought, the city and the parcel owner shall enter into a sewer capacity allocation agreement in a form determined by the city, in its discretion, which agreement shall entitle the parcel owner to the daily sewer use allocation specified therein. The city may, at its discretion, record such agreement. (Ord. No. 86-17, § 1, 9-15-86; Ord. No. 2009-02, § I, 3-2-09)

19.115-1 Calculation of daily sewer use allocation.

The daily sewer use allocation of any parcel of real property shall be based on the parcel’s peak daily general use.

For purposes of this chapter, “daily general use” shall be defined as the parcel’s average daily consumption of water excluding water used for irrigation; and “peak daily general use” shall be defined as the parcel’s highest average daily consumption of water, excluding water used for irrigation, in the four (4) consecutive billing periods commencing with the November billing period within the preceding thirty-six (36) months. For purposes of this section, a billing period shall be ascribed to November if any of the meters on that parcel measures at least fifty percent (50%) of the completed calendar days in November. Peak daily general use shall not be calculated based on any billing period during which the parcel experienced water use in excess of fifty percent (50%) greater than the average water use billed during the same month for the preceding three (3) years because of a water leak or other abnormal occurrence that is not likely to reoccur regularly. If water use for both irrigation and general uses are measured by the same meter, the city shall make a reasonable estimate of the amount of such water that is likely to have been used for general use during that period.

The city may reduce the peak daily sewer use allocation if it determines, based on evidence regarding the proposed or actual use of the parcel, that sewer use on the parcel will not be substantially equivalent to water use for nonirrigation purposes on the parcel. In such event, the city may set the peak daily sewer use allocation to reflect the amount of sewer capacity that city reasonably determines will be used by the parcel. (Ord. No. 2009-02, § I, 3-2-09)

19.115-2 Appeal of daily sewer use allocation.

If a parcel owner disagrees with the city’s proposed daily sewer use allocation or any action taken by the city increasing or decreasing such allocation, such parcel owner shall have the right to appeal such action(s). Any such appeal shall be made no later than thirty (30) days after the city’s mailing to the parcel owner of notice thereof pursuant to procedures adopted by the city from time to time. The appeal shall be in writing and shall provide the city with written evidence sufficient to prove to the reasonable satisfaction of the city engineer, or his/her designee, that the proposed daily sewer use allocation does not reasonably reflect the parcel’s expected sewer use. (Ord. No. 2009-02, § I, 3-2-09)

19.116 Permissible sewer use—Calculation of daily sewer use.

Sewer use shall be limited to the daily sewer use allocation. After establishment of a daily sewer use allocation for a particular parcel of real property, the city shall monitor sewer use of such property through water meter readings, unless another method of sewer use calculation is requested by the owner of the real property and approved by the city (in its discretion) in writing.

For purposes of this section, a parcel’s daily sewer use shall be computed by dividing the parcel’s daily general use by the number of days in that billing period. (Ord. No. 86-17, § 1, 9-15-86; Ord. No. 2009-02, § I, 3-2-09)

19.117 Underuse.

If a parcel’s daily sewer use, as determined by the city pursuant to section 19.117-1(b), is consistently less than the daily sewer use allocation, the city may provide the parcel owner written notification of such underuse. The parcel owner may offer to sell the excess allocation back to the city at the price originally paid for such allocation or, except as set forth in section 19.117-1, retain that amount for growth or expansion. The city shall have no obligation, however, to purchase such excess allocation from the parcel owner. (Ord. No. 86-17, § 1, 9-15-86; Ord. No. 2009-02, § I, 3-2-09)

19.117-1 Rescission of daily sewer use allocation due to underuse.

(a) Notwithstanding the provisions of section 19.117, no earlier than ninety (90) days and no later than one (1) year after the city’s mailing of a notification of underuse as set forth in section 19.117 the city shall be entitled, in its discretion, to rescind all or a part of the daily sewer use allocation to a parcel if the parcel’s daily sewer use is consistently underused as further set forth in subsection (b) of this section. Any such rescission shall be in writing and accomplished in the manner set forth in subsection (c) of this section.

If the city had granted the parcel all or any part of its existing daily sewer use allocation at no cost (either as an existing use pursuant to section 19.115(d), through a fee waiver or otherwise), the city shall be entitled to rescind, in its discretion, such part of its daily sewer use allocation as was provided at no cost without repayment to the owner of the parcel on the date of such allocation. If the city rescinds any daily sewer use allocation for which the parcel owner was charged, the city shall pay the parcel owner the current value of the allocation as determined by the current cost for such allocation charged to parcel owners. For purposes of this section, any daily sewer use allocation that was granted at no cost shall be considered the first allocation that is rescinded by the city; the city shall not be required to reimburse the parcel owner for lost daily sewer use allocation until the amount of daily sewer use allocation that was granted at no cost has been fully rescinded.

(b) For purposes of this section, a parcel’s daily sewer use allocation shall be considered consistently underused if the average daily sewer use by such parcel in the thirty-six (36) billing periods prior to the notice of rescission is below the existing allocation. The daily sewer use allocation shall be determined as set forth in section 19.115-1.

(c) The city shall provide a parcel owner with notice of rescission of any portion of such owner’s daily sewer use allocation, in writing, at the address of such parcel owner set forth in Santa Clara County tax records, unless the city has been provided with written notification of a more current address. Rescission of any portion of a parcel owner’s daily sewer use allocation shall take effect no earlier than sixty (60) days after the date of such notice.

(d) If a parcel owner appeals the determination of underuse pursuant to section 19.115-2 and shows, to the reasonable satisfaction of the city engineer (or his/her designee), that underuse has occurred for reasons not reasonably within the parcel owner’s control, the city shall suspend its right to rescind the parcel owner’s allocation for no fewer than twelve (12) additional billing periods. If, at the end of such suspension, the parcel continues to underutilize the allocation, those portions of the allocation not being used by the parcel may be rescinded by the city. In the event that rescission of the parcel’s daily sewer use allocation has been delayed due to such suspension, the amount the city shall pay to the parcel owner in compensation for its rescinded daily sewer use allocation shall be the amount that would have been paid at the time the city first informed the parcel owner of its underuse.

(e) If the city finds that a parcel owner has used water specifically to retain its daily sewer use allocation and not for any other purpose necessitated by lawful commercial or industrial activities on the parcel, the city may also rescind a daily sewer use allocation following notice to a parcel owner as further set forth in subsection (c) of this section and, thereafter, disconnect such service at the city’s discretion. (Ord. No. 2009-02, § I, 3-2-09)

19.118 Overuse.

(a) If the actual daily sewer use on a parcel of real property is greater than the daily sewer use allocation for that parcel in any given billing period (which, for purposes of this chapter, shall be referred to as the initial overuse period), the city shall provide the parcel owner a written notice of overuse in the billing period following the initial overuse period. The notice of overuse shall state (1) the occurrence of the sewer use in excess of the daily sewer use allocation and (2) the higher rates imposed pursuant to section 19.119 for such overuse. For purposes of this chapter, “overuse” shall refer to sewer use billed to a parcel which use is in excess of that parcel’s sewer use allocation.

(b) The city shall provide a parcel owner with a notice of overuse if the parcel’s daily sewer use exceeds its daily sewer use allocation three (3) times in any six (6) consecutive billing periods, which six (6) consecutive billing periods shall be referred to in this chapter as the overuse period. The notice of overuse shall inform the owner of a parcel of real property that the owner’s parcel has exceeded its capacity during the overuse period and that, if the parcel exceeds its sewer use allocation for any additional billing period during the probationary period following the overuse period, the overuse rates set forth in section 19.119 will be applied to the parcel. For purposes of this chapter, the “probationary period” shall be defined as the twelve (12) billing periods following the overuse period.

(c) All notices of overuse referred to in subsections (a) and (b) of this section shall inform the parcel owner of the owner’s right to enter into a new sewer use allocation agreement to increase amount of sewer allocated to the parcel if such additional capacity is available.

(d) If a parcel’s average daily sewer use over a period of thirty-six (36) consecutive billing periods exceeds its total sewer use allocation for that period, the city may require the parcel owner to enter into a new sewer use allocation agreement reflecting the parcel’s expected average daily sewer use, even if such parcel does not meet the criteria for imposition of overuse rates set forth in section 19.119. In such event, the city shall provide the owner with a notice of its overuse and a proposed sewer use allocation agreement reflecting the property’s expected average daily sewer use. Failure of the parcel owner to enter into such sewer use allocation agreement shall subject the parcel to the overuse rates set forth in section 19.119(f). (Ord. No. 86-17, § 1, 9-15-86; Ord. No. 2009-02, § I, 3-2-09)

19.119 Overuse penalties.

(a) The rate charged for the first billing period in which overuse occurs during the probationary period (as defined in section 19.118(b)) shall be ten (10) times the highest existing sewer use rate for that parcel. This shall be referred to in this chapter as the “10X overuse rate.”

(b) If the average daily sewer use is greater than the daily sewer use allocation in any billing period after the 10X overuse rate is first charged, then the rate charged for the sewer use overage shall be one hundred (100) times the highest existing sewer use rate. This shall be referred to in this chapter as the “100X overuse rate.” Except as set forth in subsection (g) of this section, the 100X overuse rate shall be effective for any additional billing periods in which the sewer used on the parcel exceeds its sewer use allocation.

(c) For purposes of subsections (a) and (b) of this section, the highest existing sewer use rate for parcels with a single meter shall be the rate charged to that meter; and for parcels with two (2) or more meters, the highest existing sewer use rate shall be the highest metered rate on that parcel, except as otherwise set forth in subsection (d) of this section.

(d) For purposes of subsections (a) and (b) of this section, for parcels billed at a flat rate, the highest existing sewer use rate shall be the highest rate charged for sewer in the city as set forth in the city’s most current comprehensive fee schedule.

(e) Except as set forth in subsection (g) of this section, if the average daily sewer use is greater than the daily sewer use allocation in any billing period after the 100X overuse rate is charged, the city may choose (in its discretion) either to continue to charge the 100X overuse rate for the sewer use overage or to terminate the sewer and/or water service to the parcel owner.

(f) If the owner, through no fault of the city, fails to enter into a new sewer use allocation agreement within sixty (60) days after receiving the notice described in section 19.118(d), the city will be permitted to impose the 100X overuse rate, commencing in the billing period following the expiration of such sixty (60) day notice.

(g) If, after the notice referred to in section 19.118(b) has been issued to the owner of a parcel of real property, sewer use on the parcel does not exceed the sewer use allocation for the probationary period, the city shall be required to give the parcel owner a new notice prior to charging the 10X rate for sewer use on the parcel. If, after imposition of the 10X rate or 100X rate on the parcel, sewer use on the parcel at any time thereafter ceases to exceed the sewer allocation for a period of no fewer than twelve (12) consecutive months, the city may not charge the 100X rate for the next incidence of sewer overuse, but rather shall be required to give the parcel owner new notices of overuse pursuant to section 19.118 prior to charging the 10X rate for sewer use on the parcel. Any renewal of the overuse rates will thereafter follow the sequence of escalating penalties set forth in subsections (a) through (e) of this section. This subsection shall not apply to parcels for which the city has required a new sewer use allocation contract pursuant to section 19.118(d).

(h) For purposes of this section, “sewer use rate” shall be defined as the highest base rate for sewer use charged to any meter on the parcel and the corresponding highest tiered rate for sewer use that can be charged to that meter. (Ord. No. 86-17, § 1, 9-15-86; Ord. No. 2009-02, § I, 3-2-09)

Editor’s note: Ord. No. 93-21, § I, adopted Oct. 25, 1993, adopted by reference an ordinance (Ord. No. 93-1) entitled, “An Ordinance of the South County Regional Wastewater Authority Regulating Industrial Users and Setting Uniform Requirements for Discharge Into the Wastewater Collection and Treatment System,” as Exhibit A to Ord. No. 93-21. Exhibit A has not been set out at length herein but is available in the office of the city clerk.

Cross references—Plumbing, Ch. 18; sewers in subdivisions, § 21.31.

Editor’s note: Ord. No. 81-9, § 1, enacted March 2, 1981, amended Art. III, Div. 3, in its entirety to read as herein set out in §§ 19.28—19.41.8. Prior to amendment, Div. 3, §§ 19.28—19.41, derived from Ord. No. 606, §§ 6—11 and Ord. No. 990, § 1, enacted Aug. 6, 1973.

Chapter 19SEWERS AND SEWAGE DISPOSAL1

19.1 Definitions.