Chapter 13.02
DEFINITIONS AND GENERAL PROVISIONS

Sections:

Article I. Definitions

13.02.010    Purpose of sanitary sewer and industrial waste ordinance provisions.

13.02.020    Definitions applicable to title.

Article II. General Provisions

13.02.030    Time limits – Extension permitted when.

13.02.040    Responsibility and maintenance of facilities – Applicability of provisions.

13.02.050    Inspection to ascertain compliance – Access required – Acceptance of permit conditions.

13.02.060    Notice service procedures.

13.02.070    Obstructing access to facilities prohibited.

13.02.080    Limitation and notification of uncontrolled discharges required.

13.02.090    Notification of uncontrolled or slug discharges required.

13.02.100    Violation – Penalty – Continued violations – Injunctive relief.

Article I. Definitions

13.02.010 Purpose of sanitary sewer and industrial waste ordinance provisions.

The provisions of the sanitary sewer and industrial waste ordinance codified in this title shall apply to the discharge, deposit or disposal of all wastes, including any material which may cause pollution of underground or surface waters, in, upon or affecting the City of Palmdale; and the design, construction, alteration, use and maintenance of public sewers and house laterals, industrial connection sewers, water pollution control plants, sewage pumping plants, industrial liquid-waste pretreatment plants, sand and grease interceptors, and appurtenances; the issuance of permits and the collection of fees therefor, and fees to pay the cost of checking plans, inspecting the construction and making record plans of the facilities permitted hereunder or as provided elsewhere in this code; and providing penalties for violation of any of the provisions of this title. (Ord. 1376 § 4 (Exh. A), 2009)

13.02.020 Definitions applicable to title.

The definitions in this chapter shall govern the construction of this title and any permits issued thereunder unless otherwise apparent from the context or as identified separately in this chapter.

“Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

“Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce pollutants in discharges, to implement the prohibitions listed in national pretreatment standards pursuant to 40 CFR 403.5(a)(1) and (b), and prevent the discharge of substance that may contribute to sanitary sewer overflows. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

“Categorical industrial user (CIU)” means an industrial user that is subject to national categorical pretreatment standards.

“Categorical pretreatment standards” means limitations on pollutant discharges to publicly owned treatment works promulgated by EPA in accordance with Section 307 of the Act that apply to specific process wastewaters or particular industrial categories (40 CFR 403.6 and 405 through 471).

“Cesspool” means a lined excavation in the ground which receives the discharge of a drainage system, or part thereof, so designed as to retain the organic matter and solids discharging therein, but permitting the liquids to seep through the bottom and sides, and constructed pursuant to the provisions of PMC 8.04.600 et seq.

“Chimney” means a vertical section of a sewer pipe extending either from a vertical tee set 90 degrees to the main line or from a long-radius one-quarter bend set vertically at the curb of property line, and in either case suitably reinforced with concrete.

“Days” shall mean calendar days unless otherwise stated.

“Director” means the Director of Public Works of the City of Palmdale, or his authorized deputy, agent, representative or inspector unless otherwise specifically defined.

“Discharge” means the introduction of pollutants either directly or indirectly into a publicly owned treatment works (POTW) from any nondomestic source regulated under Chapter 307(b), (c) or (d) of the Act.

“Discharger” shall mean any person that discharges or causes a discharge to a public sewer.

“Domestic sewage” means the waterborne wastes derived from ordinary living processes, and of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private sewage disposal system.

“Effluent” means the liquid flowing out of any treatment plant or facility constructed and operated for the partial or complete treatment of sewage or industrial waste.

“Fats, oils, and greases (FOG)” means non-petroleum organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical procedures established in the United States Code of Federal Regulations 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as “grease” or “greases.”

“FOG disposal system” means a grease interceptor that reduces fats, oils, and grease (FOG) in effluent by separation, and mass and volume reduction.

“Food service establishment” means a facility engaged in preparing food for consumption by the public such as a restaurant, bakery, commercial kitchen, caterer, hotel, school, religious institution, hospital, prison, correctional facility, or care institution (e.g., hospital, medical center, retirement home, clinic, or physicians or dental office that provides direct patient care).

“Food waste disposal unit” shall mean a device installed under a kitchen sink to grind and liquefy food waste so that it can go down the drain.

“Frontage” means the length or width in feet applied to a lot based on the benefit received from the abutting sewer, as determined by the Director.

“Gravity grease interceptor” means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept FOG from a wastewater discharge and is identified by volume, 30-minute retention time, baffle(s), a minimum of two compartments, a minimum total volume of 750 gallons, and gravity separation.

“Grease interceptor” means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept FOG from a wastewater discharge.

“Grease removal device (GRD)” means any hydromechanical grease interceptor that automatically, mechanically removes FOG from the interceptor, the control of which is either automatic or manually initiated.

“Grease trap” means a multi-baffle, single compartment, 10- to 50-gallon capacity device, serving one to a maximum of four fixtures designed for the removal of FOG from food service establishment discharges.

“House lateral” means that part of the sewer piping which extends from the discharging premises to a connection with the mainline sewer.

“Hydromechanical grease interceptor” means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept FOG from a wastewater discharge and is identified by flow rate, and separation and retention efficiency. The design incorporates air entrainment, hydromechanical separation, interior baffling, and/or barriers in combination or separately, and one of the following:

(1) External flow control, with air intake (vent): directly connected.

(2) External flow control, without air intake (vent): directly connected.

(3) Without external flow control, directly connected.

(4) Without external flow control, indirectly connected.

“Illicit discharge” means any discharge to the sanitary sewer system that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. Illicit discharges include all non-domestic sewage discharges not permitted under the provisions of this title and discharges through connections to the sanitary sewer system, either directly or through satellite collection systems, not authorized pursuant to Chapter 13.08 PMC, sanitary sewers.

“Industrial building” means any building, structure or works which is, or which is designed to be used for the manufacture, processing or distribution of materials, equipment, supplies, food or commodities of any description; or which may be used or designed to be used as a school, sanitarium, hospital, penal institution or charitable institution, together with all appurtenances thereto and the surrounding premises under the same ownership or control.

“Industrial connection sewer” means that part of the sewer piping which extends from the building connection to a connection with the mainline sewer through which is discharged industrial waste.

“Industrial user” or “user” means a source of indirect discharge.

“Industrial waste treatment facility” means any works or device for the treatment, storage or control of industrial waste within a site prior to disposal.

“Industrial wastewater” means any and all waste substances, liquid or solid, except domestic sewage, rainwater, groundwater, stormwater and includes among other things radioactive wastes and explosive, noxious or toxic gas when present in the sewage system. Industrial wastewater may include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes of nonhuman origin. All liquid wastes hauled by truck, rail, or another means for disposal to the sewer shall be considered as industrial wastewater regardless of the original source of the wastes. Hauled domestic wastewater is included in the category of industrial wastewater.

“Inflow/infiltration (I/I)” means water that is dumped into the sewer system through improper connections, such as downspouts and groundwater sump pumps. Sump pumps that pump only laundry water or other sanitary wastes are not a problem (inflow), nor is groundwater that enters the sewer system through leaks in pipes (infiltration).

“Interceptor” means a device designed and installed so as to separate and retain deleterious, hazardous or undesirable matter from wastes.

“Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources:

(1) Inhibits or disrupts the publicly owned treatment works (POTW), its treatment processes or operations, or its sludge processes, use or disposal; and

(2) Is therefore a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Chapter 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Chapter II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including the state regulations contained in any sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, and the Marine Protection, Research and Sanctuaries Act.

“Mainline sewer” means any public sewer in a dedicated right-of-way which attaches to and collects wastewater being discharged from a house lateral or industrial connection sewer. Such sewers are generally eight inches or more in diameter.

“National categorical pretreatment standard,” “NCPS,” “national pretreatment standard,” “pretreatment standard,” or “standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Chapters 307(b) and (c) of the Act which applies to industrial users. This term includes prohibitive discharge limits established pursuant to Chapter 403.5 of Chapter 40 of the Code of Federal Regulations.

“New source” means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Chapter 307(c) of the Act applicable to such source.

“North American Industry Classification System (NAICS)” means a classification of business establishments developed and updated periodically by the Executive Office of the President, Office of Management and Budget.

“NPDES permit” means a National Pollution Discharge Elimination System permit issued pursuant to Chapter 402 of the Act.

“Off-site disposal” means the disposal or removal of industrial wastes or other materials regulated by this title to a site other than the premises where the wastes were generated, whether or not such site is under the control of the industrial waste disposal permittee.

“On-site disposal” means the management, treatment, control or disposal, other than to the public sewer system, of industrial wastes or other materials within the premises named in an industrial waste disposal permit, whether or not the wastes were generated at the permitted site or by the permittee.

“Pass through” means a discharge which exits the POTW into the waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation).

“Person” means an individual human being, a firm, partnership or corporation, his or their heirs, executors, administrators, assigns, officers or agents, any municipal, quasi-municipal or government agency, or district or officers thereof and any other organization or group of persons, public or private.

“Pollution of underground or surface waters” means affecting the chemical, physical, biological and radiological integrity of such waters by manmade or man-induced activities.

“Pretreatment” or “treatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW or other disposal facility. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by use of an industrial waste treatment facility or other means, except as prohibited by 40 CFR Title 403.6(d).

“Public sewer” means a mainline sanitary sewer dedicated to public use.

“Publicly owned treatment works” or “POTW” means a treatment works as defined by Title 212 of the Act, which is owned by a state or municipality (as defined by Title 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant (40 CFR 403.3).

“Radioactive material” is defined to be any material composed of or containing chemical elements which spontaneously change their atomic structure by the emission of alpha or beta particles or gamma rays or any other particles or rays or forms of energy.

“Rainwater diversion system” means any device designated to prevent the entry of storm waters into the public sewer system or other waste disposal or treatment systems, and to redirect storm flows to appropriate areas.

“Saddle” shall mean:

(1) “Wye saddle” means a short pipe-fitting with a shoulder at one end to allow the application of the fitting to a hole tapped in the mainline sewer such that the short pipe shall form a 45-degree angle from the mainline sewer pipe; or

(2) “Tee saddle” means a short pipe-fitting with a shoulder at one end to allow the application of the fitting to a hole tapped in the mainline sewer such that the short pipe shall form a 90-degree angle from the mainline sewer pipe.

“Sanitary sewer overflows (SSO)” means any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs include:

(1) Overflows or releases of untreated or partially treated wastewater that reach waters of the United States;

(2) Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and

(3) Wastewater backups into buildings and onto private properties that are caused by blockages or flow conditions within the publicly owned portions of a sanitary sewer system.

“Seepage pit” means a line excavation in the ground which receives the discharge of a septic tank, so designed as to permit the effluent from the septic tank to seep through its bottom and sides.

“Septic tank” means a watertight receptacle which receives the discharge from a sewerage system, designed and constructed so as to retain solids, digest organic matter through a period of detention, and allows the liquids to discharge either into the soil outside of the tank through a drain field system or one or more seepage pits.

“Septic tank effluent” is effluent from private septic tanks and shall be considered, for the purposes of this title involving the discharge of septic tank effluent, the same as industrial waste. Whenever this title refers to industrial waste, the reference shall include septic tank effluent.

“Sewage” means any waterborne or liquid wastes, including domestic sewage and industrial waste, but does not include or mean stormwater, groundwater, and roof or yard drainage.

“Sewage pumping plant” means any works or device used to raise sewage from a lower to a higher level or to overcome friction in a pipeline.

“Sewer disposal” means the disposal of industrial wastes or other materials into the public sewer system by means of a direct connection to the public sewer system from the premises named in an industrial waste disposal permit.

“Significant industrial user (SIU)” means that except where the control authority of a POTW has found an industrial user to be exempt pursuant to 40 CFR 403.3(v)(2) and (v)(3):

(1) All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; and

(2) Any other industrial user that discharges an average of 25,000 gallons or more of process wastewater to a POTW (excluding sanitary, noncontact cooling and boiler blow down wastewater); contributes a process waste stream which makes up five percent or more of the average dry-weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the POTW control authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW operation or for violating any pretreatment standard or requirement.

“Slug discharge” means any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions. Discharge of any prohibited material in any concentration shall be considered a slug discharge.

“Standard Industrial Classification (SIC)” means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended.

“State Board” means the State Water Resources Control Board.

“Tapping” means the forming of a tee or wye branch connection to a mainline sewer by installing a tee or wye saddle after the sewer is in place.

“Tee” or “T” means a fitting for a branch on which the spur joins the barrel of the pipe at an angle of approximately 90 degrees.

“Trunk sewer” means a sewer under the jurisdiction of the County Sanitation Districts of Los Angeles or the Consolidated Sewer Maintenance District of Los Angeles County or any other public agency.

“Uncontrolled discharge” means any discharge, intentional or accidental, occurring in such a manner that the discharger is unable to determine or regulate the quantity, quality or effects of the discharge.

“Water pollution control plant” means any works or device for treating sewage except any industrial waste treatment facility, and except any private sewage disposal system covered by the Palmdale plumbing code.

“Wye” or “Y” means a fitting for a branch on which the spur joins the barrel of the pipe at an angle of approximately 45 degrees. (Ord. 1376 § 4 (Exh. A), 2009)

Article II. General Provisions

13.02.030 Time limits – Extension permitted when.

Any time limit provided for in the provisions of this title may be extended by mutual written consent of both the City and the permittee or applicant, or other person affected, except as otherwise provided. (Ord. 1376 § 4 (Exh. A), 2009)

13.02.040 Responsibility and maintenance of facilities – Applicability of provisions.

The requirements contained in this title covering the maintenance of sanitary sewer collection system pipelines, sewage pumping plants, industrial waste pretreatment plants, or other appurtenances shall apply to all such facilities now existing or hereafter constructed.

(A) Responsibility and Maintenance for House Laterals and Industrial Connection Sewer. Each property owner is responsible for the installation, repair and maintenance of the entire house lateral or industrial connection sewer up to and including the wye or tee in the City’s main line. Each owner shall keep his/her house lateral/industrial connection sewer in good working order at his/her own expense and is responsible for damage to any of the City’s property which results from the owner’s use, repair or maintenance of the house lateral or industrial connection sewer within the control and responsibility of the owner. If repair and maintenance of the house lateral or industrial connection sewer extends into the mainline sewer at the sewer line tap, then the sewer tap repair at the main line becomes the responsibility of the City and no such repairs shall be done without the permission and approval of the City. All house laterals or industrial connection sewer shall be maintained by the owners thereof in a safe and sanitary condition, and all devices or safeguards which are required by this title for the operation of such facilities shall be maintained in good working order.

The City shall have the right to enter onto private property for the purpose of inspection and evaluation of house laterals or industrial connection sewer to assure safe and sanitary conditions.

(B) Responsibility and Maintenance of Mainline Sewers. The City is responsible for the operation, maintenance, repair and replacement of any mainline public sewer.

(C) Resolution of Disputes over Location of Sewer Malfunctions – Reimbursement to City. If the location of a sewer malfunction and the responsibility for its repair is disputed or cannot be determined from surface observation, the City may expose parts of the sewer line within the public street, public right-of-way, or public sewer as necessary to determine the cause of the malfunction and whether it originates within either the house lateral or industrial connection sewer or within the public sewer. If the malfunction is determined to be within the City public sewer for which the City is responsible, the City shall conduct the repair at no charge to the property owner. If the malfunction is determined to be within the house lateral or industrial connection sewer for which the property owner is responsible, the City may proceed with the repairs to such house lateral or industrial connection sewer upon notice to the property owner of the need for repair. The City may require a written reimbursement agreement executed by the property owner before beginning repair. A malfunctioning house lateral or industrial connection sewer is declared to be a public nuisance. The property owner shall reimburse the City for all costs necessarily incurred by the City in performing the repair work to the house lateral.

(D) This title shall not be construed as permitting the removal or nonmaintenance of any devices or safeguards on existing facilities unless authorized in writing by the City. (Ord. 1376 § 4 (Exh. A), 2009)

13.02.050 Inspection to ascertain compliance – Access required – Acceptance of permit conditions.

(A) The City may inspect, as often as City deems necessary, every mainline or public sewer, sewage pumping plant, industrial waste pretreatment plant or facility, industrial sewer connection, interceptor, or other similar appurtenances to ascertain whether such facilities are maintained and operated in accordance with the provisions of this title. All persons shall permit and provide the City with access to all such facilities at reasonable times.

(B) An applicant by accepting a permit issued pursuant to this title does thereby consent and agree to entry upon the premises described in the permit by the City at all reasonable times for the purpose of:

(1) Inspection, sampling, flow measurement or examination of records;

(2) Placing on the premises devices for monitoring, flow measurement or metering;

(3) Inspecting and copying any records, reports, test results or other information required to carry out the provisions of this title; and

(4) Photographing any waste, waste container, vehicle, waste treatment process, discharge location, or violation discovered during an inspection. (Ord. 1376 § 4 (Exh. A), 2009)

13.02.060 Notice service procedures.

Unless otherwise provided herein, any notice required to be given by the City under this title shall be in writing, and served in the manner provided in the Code of Civil Procedure for the service of process, or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the City. Where the address is unknown, service may be made as above provided upon the owner of record of the property. (Ord. 1376 § 4 (Exh. A), 2009)

13.02.070 Obstructing access to facilities prohibited.

No object, whether a permanent structure, or a temporary structure, or any object which is difficult to remove, shall be located in a sewer easement or placed in such a position as to interfere with the ready and easy access to any sewer easement. Any such obstruction, upon request of the City, shall be immediately removed by the violator at no expense to the City, and shall not be replaced. (Ord. 1376 § 4 (Exh. A), 2009)

13.02.080 Limitation and notification of uncontrolled discharges required.

(A) No person shall discharge or cause to be discharged into a public sewer:

(1) Any water, wastes or other matter which will result in the contamination, pollution or a nuisance;

(2) Any stormwater, surface water, groundwater, roof runoff or subsurface drainage.

(B) In the event of an uncontrolled discharge, the person, discharger or permittee shall within three hours notify the City of the incident by telephone. The notification shall include location of discharge, type of material, concentration and volume, and corrective actions taken.

(C) Within 10 days after the uncontrolled discharge, the discharger or permittee shall submit to the City a detailed written report describing the cause of the discharge, corrective action taken and measures to be taken to prevent future occurrences. Such notification shall not relieve the discharger or permittee of liability or fines incurred as a result of the uncontrolled discharge.

(D) Notification of the City does not relieve the person, discharger or permittee from notifying other agencies as required by law within the time frame required by the various agencies. (Ord. 1376 § 4 (Exh. A), 2009)

13.02.090 Notification of uncontrolled or slug discharges required.

(A) In the event of an uncontrolled or slug discharge, the discharger or permittee shall immediately notify the City by telephone. The notification shall include location of the discharge, type of material, duration, concentration and volume, and corrective actions taken.

(B) Within 10 days after the uncontrolled or slug discharge, the discharger or permittee shall submit to the City a detailed written report describing the cause of the discharge, corrective action taken and measures to be taken to prevent further occurrences. Such notification shall not relieve the discharger or permittee of liability or fines incurred as a result of the uncontrolled or slug discharge. (Ord. 1376 § 4 (Exh. A), 2009)

13.02.100 Violation – Penalty – Continued violations – Injunctive relief.

This title is enforceable as set forth in PMC Title 1 and violations of this title are punishable as set forth therein. (Ord. 1376 § 4 (Exh. A), 2009)