Chapter 13.08
SEWER USE*
Sections:
13.08.010 Purpose of provisions.
13.08.020 Definitions and terminology.
13.08.030 Protection from damage.
13.08.040 General prohibitions.
13.08.050 Hazardous waste prohibited.
13.08.060 Dilution prohibited.
13.08.070 Specific sources prohibited.
13.08.080 Fats, oils and grease (FOG).
13.08.090 Wastewater strength limitations.
13.08.100 Specific wastes prohibited.
13.08.110 Specific user limitations.
13.08.120 Wastewater volume determination.
13.08.130 Reports, permits and administration.
13.08.140 Accidental discharge prevention.
13.08.150 Location of discharge.
13.08.160 Sewer service charges and fees established.
13.08.170 Easements and encroachments.
13.08.210 Violations and penalties.
* Prior legislation: Ords. 771, 928, 978 and 1419.
13.08.010 Purpose of provisions.
The purpose of this chapter is to establish standards and conditions, and to provide for charges and fees, relating to the use of sewerage facilities. It is further the purpose of this chapter to establish uniform requirements for discharges into the sewerage facilities used jointly with other public entities as a party to the joint exercise of powers agreement establishing and providing for the South Bayside System Authority, a public entity, and any successor thereto. It is further the purpose of this chapter to enable the City to comply with and meet applicable laws, regulations, standards and conditions established by Federal and State law, or by agencies thereof in implementation of such law. The City Council hereby finds and declares that the health, safety and welfare of the citizens of the City of San Carlos require the enactment of the ordinance codified in this chapter to govern sewer use, including but not limited to protection from damage; prohibitions on discharge; control of fats, oils and grease; and regulation of encroachments in easements. (Ord. 1424 § 1 (part), 2010)
13.08.020 Definitions and terminology.
A. General Terminology.
1. Words, phrases or terms not specifically defined in this section, and having a technical or specialized meaning, shall be defined as set forth in the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.
2. References to waste constituents and characteristics shall have the meanings ascribed thereto in the aforesaid “Standard Methods for the Examination of Water and Wastewater,” and measurements thereof shall be as set forth in said publication, or as established by Federal or State regulatory agencies.
B. Specific Definitions. The following words or phrases, wherever used in this chapter, shall have the meanings respectively ascribed thereto as follows:
1. “Act” or “the Act” means the Federal Water Pollution Control Act as amended by the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500), and as amended from time to time thereafter (33 U.S.C. 1251 et seq.), commonly referred to as the Clean Water Act.
2. “Authority” means the Joint Powers Authority for the South Bayside System Authority, a public entity established by agreement between the cities of San Carlos, Belmont and Redwood City, California, and the Menlo Park Sanitary District (now named West Bay Sanitary District) dated November 13, 1975, and any successor entity thereof.
3. “Beneficial uses” means uses of the waters of the City or State which may or do require protection against quality degradation thereof, including but not necessarily limited to waters used for domestic, municipal, agricultural, industrial, power generation, recreation, aesthetic enjoyment or navigation purposes, or for the preservation and enhancement of fish, wildlife or other aquatic resources or reserves, and such other uses, both tangible or intangible, as are or may be specified by Federal or State law as beneficial uses.
4. “Building sewer” means a sewer conveying wastewater from the premises of a user to the sewerage facilities.
5. “Categorical standards” means national pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged into the sewerage facilities by existing or new industrial users classified in specific industrial subcategories established as separate regulations under the appropriate subpart of 40 CFR, Chapter I, Subchapter N. Unless specifically provided otherwise, said standards shall be adhered to in addition to the general prohibitions established in Section 13.08.040.
6. “Charge” means a rental or other charge established pursuant to this chapter for services and facilities furnished by the City to any premises in connection with the operation of the sewerage facilities.
7. “City” means the City of San Carlos, a municipal corporation of the State of California.
8. “Compatible pollutant” means biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, additional pollutants identified in the Authority’s National Pollutant Discharge Elimination System (NPDES) Permit, and such other pollutants as may be designated by the Authority and/or the Director upon a finding that such pollutants are substantially treated and removed by the sewerage facilities.
9. “Contamination” means an impairment of the quality of the waters of an agency or the State by waste, to a degree which creates a hazard to the public health. Contamination shall include any equivalent effect resulting from the disposal of wastewater, whether or not waters of an agency or the State are affected thereby.
10. “Detrimental discharge” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, does, or may, endanger the health, safety or welfare of persons, or the environment, or threatens, or reasonably may be deemed to threaten, the operation of the sewerage facilities, or causes or may reasonably be deemed to cause a violation of the Authority’s NPDES Permit, or any applicable Federal, State, or local regulation relating to the operation of the sewerage facilities.
11. “Director” means the Director of Public Works of the City, or his designees, including but not limited to duly authorized personnel of the Authority.
12. “Easement” means a property right, however created, by which the owner of the right is entitled to make specified uses of the real property of another person; “easement” includes “reserve,” “sewer reserve” or “utility reserve.”
13. “Encroachment” means an activity or condition which results in interference with the rights of the owner of an easement. As used in this chapter with respect to the City’s easements, there are three classes of encroachments:
a. Class One: Encroachments which interfere only slightly with the City’s easement. Examples may include loose paving stones and similar landscaping features, flower beds, small shrubs, lawn and ground covers which do not impede normal use and operation of the sewerage facilities and may readily be removed and restored at a modest cost if access to the sewerage facilities is required.
b. Class Two: Encroachments which will cause significant interference with the City’s easement but which, due to being readily removable or by virtue of City-mandated safeguards and/or mitigation measures, can be ameliorated to an acceptable level. Examples may include fences, gates, driveways, paving, portable or readily removable structures, larger vegetation whose roots do not have a propensity to invade sewerage facilities, and earthwork cuts and fills.
c. Class Three: Encroachments which will cause significant interference with the City’s easement. Examples may include permanent structures such as buildings, swimming pools, permanent decks, retaining walls and reinforced concrete or masonry; temporary structures which are not readily removable from the easement; also trees, heavy brush and vegetation that prevents City access to its sewerage facilities in an easement; also any activities that are unlawful or prohibited by the Municipal Code or other applicable laws.
14. “Fats, oils and grease” or “FOG” means any fats, oils, waxes or other similar or related constituents. FOG may be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils, and fats in meats, cereals, seeds, nuts and certain fruits. FOG may also be of mineral origin, including kerosene, lubricating oil or road oil. FOG in the City’s sewer system is generally present as, but need not be, a floatable solid, a liquid, a colloid, an emulsion or in a solution.
15. “Food service establishment” means a nonresidential sewer user that engages in activities of preparing, serving or otherwise making available food for consumption by the public, including restaurants, commercial kitchens, caterers, hotels and motels, schools, hospitals, prisons, correctional facilities, nursing homes, care institutions, and any other facility preparing and serving food for public consumption.
16. “Grease interceptor” means a large, partitioned vault made of various materials, installed to remove FOG and food waste by trapping floatable and settleable solids so that they can be separated and removed before discharge to the sewerage facilities. It is usually installed underground, outside of the food service establishment.
17. “Grease removal device” means an interceptor, trap, or other mechanical device intended to remove, hold or otherwise prevent the passage of FOG to the sewerage facilities.
18. “Hazardous waste” means any liquid, semisolid, solid, or gaseous waste which conforms to the definition of “hazardous waste” in Section 25117 of the California Health and Safety Code, as said section may from time to time be amended, revised or recodified.
19. “Holding tank waste” means any waste from sewage or waste-disposal holding tanks such as are associated with vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
20. “Incompatible pollutant” means any pollutant which is not a compatible pollutant.
21. “Interfering discharge” means a discharge into the sewerage facilities which, alone or in conjunction with a discharge or discharges from another source or sources, inhibits or disrupts the sewerage facilities, the treatment processes or operations thereof, the sludge processes thereof, or the use or disposal of said sludge, or the disposal of sewage, and which causes or significantly contributes to either a violation of the Authority’s NPDES Permit or to the inability of the Authority to use or dispose of sewage sludge in compliance with the Federal or State regulations or permits promulgated or issued thereunder.
22. “Mass emission rate” means the weight of material discharged to the sewerage facilities during a specified time interval. Unless otherwise specified, the mass emission rate means pounds per day of a particular waste constituent or combination of constituents.
23. “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 Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section.
24. “NPDES Permit” or “Authority’s NPDES Permit” means the National Pollutant Discharge Elimination System Permit issued to Authority pursuant to the provisions of the Act, as said permit may from time to time be amended, revised or superseded.
25. “Pass through” means the discharge of pollutants through the sewerage facilities into navigable waters in quantities or concentrations which cause or significantly contribute to violation of the Authority’s NPDES Permit.
26. “Person” means any individual, firm, company, partnership, association, private corporation, public corporation, or governmental entity, authority or agency, and the officers, agents or employees of such organizations.
27. “Pollutant” means the human-made or human-induced waste which alters the chemical, physical, biological, or radiological integrity of waters of an agency or of the State manifesting pollution.
28. “Pollution” means an alteration of the chemical, physical, biological, or radiological integrity of waters of an agency or of the State by waste made or induced by humans which unreasonably affects such waters for any beneficial use or so affects facilities serving such beneficial use. The term “pollution” may also include “contamination.”
29. “Publicly owned treatment plant” or “POTW” means a sewage treatment plant that is owned, and usually operated, by a government agency.
30. “Premises” means a parcel of land, or portion thereof, including any improvements thereon, which is directly or indirectly connected to the sewerage facilities for purposes of receiving, using and paying for service, or other purposes relating to the sewerage facilities, by an individual user. Each dwelling unit of a duplex, apartment, or any other multifamily residence shall be deemed a separate premises. Subject to the provisions of this chapter, the Director shall determine what constitutes the premises.
31. “Pretreatment” 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 the sewerage facilities. Such reduction or alteration may be obtained by physical, chemical or biological processes, or process changes or other means, except as prohibited by requirements of law.
32. “Reclaimed water” means water which, as a result of treatment of waste, is suitable for direct beneficial use, or a restricted beneficial use, which would not otherwise occur but for such treatment.
33. “Requirement of law” or “other requirements of law” means any pertinent provision of the Act, or of any statute, ordinance, rule, regulation, order, or directive implementative of the Act, or of Authority’s NPDES Permit, or of any amendments, revisions, or other superseding provisions or requirements of the foregoing authorities.
34. “Sewerage facilities” means any or all devices, facilities, equipment, improvements or systems owned or used by the City or the Authority in the collection, storage, treatment, recycling, reclamation or disposal of wastes or wastewater, including interceptor sewers, outfall sewers or lines, sewage collection systems, pumps, power plants, treatment plants, recycling or reclamation plants, and other equipment and appurtenances thereto; extensions, improvements, remodeling, modifications, additions or alterations thereof; chemicals, materials or supplies used in connection therewith; or any other facilities, including land and improvements thereon, which are an integral part of the treatment process of the City or the Authority, or which are used for ultimate disposal of residues, effluent or discharges, resulting from such treatment, or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of wastes or wastewater, including stormwater runoff, industrial wastes, domestic wastes, or any combination thereof.
35. “Significant easement interference” means, with respect to encroachments on City easements, an activity or condition which has the potential to impede access to or damage City sewerage facilities or which will result in excess of one work hour of effort by the City to use the easement for its intended purpose.
36. “Significant industrial user” means:
a. Any user within an industry subject to Categorical Pretreatment Standards under 40 CFR Chapter I, Subchapter N; or
b. Any user that discharges an average of twenty-five thousand gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); or
c. Any user that contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
d. Any user within a user classification listed in Division D (Manufacturing) of the Standard Industrial Classification Manual, 1972 Edition, issued by the Executive Office of the President, Office of Management and Budget, as said manual may from time to time be amended, revised, or superseded, who or which discharges one thousand gallons or more per day of process wastewater into the sewerage facilities; or
e. Any user who or which discharges or causes or permits a discharge of wastewater which would or does have a reasonable potential for adversely affecting the sewerage facilities or for violating any pretreatment standard or requirement (as determined by the Director or Authority’s manager), either individually or in combination with other contributing industries, on the sewerage facilities or on the quality of effluent from the sewerage facilities.
f. Upon a finding that a user, meeting the criteria above in subsections (B)(36)(b) through (d) of this section, has no reasonable potential for adversely affecting the sewerage facilities or for violating any pretreatment standard or requirement, the Authority may at any time, on its own initiative or in response to a petition received from a user or agency, and in accordance with 40 CFR 403.8(f)(6), determine that such user is not a significant industrial user.
37. “Unpolluted water” means water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the City or Authority for disposal to storm or natural drainages, or directly to surface waters.
38. “User” means any person who discharges, causes or permits the discharge of wastewater into the sewerage facilities.
39. “User classification” means a classification of users based upon classifications set forth in the Standard Industrial Classification (SIC) Manual, 1972 Edition, prepared and published by the Executive Office of Management and Budget of the United States.
40. “Waste” means sewage and any and all waste substances, whether liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to and for purposes of disposal.
41. “Wastewater” means waste and water, whether treated or untreated, discharged into or permitted to enter into the sewerage facilities.
42. “Wastewater constituents and characteristics” means the individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate, and such other parameters that serve to define, classify or measure the contents, quality, quantity or strength of wastewater.
43. “Waters of an agency or State” means any water, whether surface or underground, and whether saline or nonsaline, within the boundaries of the City, or within the boundaries of the City and flowing into, touching or otherwise combined with waters outside the limits of the City, but within the boundaries of the State. (Ord. 1424 § 1 (part), 2010)
13.08.030 Protection from damage.
It is unlawful for any person to break, damage, destroy, uncover, deface or tamper with any sewer line, manhole, structure, appurtenance, device, or equipment that is part of the sewerage facilities. (Ord. 1424 § 1 (part), 2010)
13.08.040 General prohibitions.
No person shall discharge, and it is unlawful to discharge, wastes into the sewerage facilities which cause, threaten to cause or are capable of causing, either alone or by interaction with other substances:
A. A fire or explosion;
B. Obstruction of flow in or injury to the sewerage facilities, or any portion thereof;
C. Danger to life or safety of persons;
D. Conditions inhibiting or preventing the effective maintenance or operation of the sewerage facilities;
E. Strong or offensive odors, air pollution, or any noxious, toxic or malodorous gas or substance or gas-producing substances;
F. Interference with the wastewater treatment process, or overloading of the sewerage facilities, or excessive collection or treatment costs, or use of a disproportionate share of the capacity of the sewerage facilities;
G. Interference with any process producing reclaimed water, which does or may operate in conjunction with the sewerage facilities, or overloading, or a breakdown of such reclamation process, or excessive reclamation costs, or any product of the treatment process which renders such reclamation process impracticable or not feasible under normal operating conditions;
H. A detrimental environmental impact, or a nuisance, wherever located, or a condition unacceptable to any public agency having regulatory jurisdiction over operation of the sewerage facilities;
I. Discoloration or any other adverse condition in the quality of the effluent from the sewerage facilities such that receiving water quality requirements established by any statute, rule, regulation, ordinance or permit condition cannot be met by the City or the Authority;
J. Conditions at or near the sewerage facilities, or any portion thereof, which cause, or may cause, the City or Authority to be in violation of the requirements of law;
K. Pollutants introduced into the sewerage facilities which pass through or interfere with the operation or performance of the sewerage facilities. (Ord. 1424 § 1 (part), 2010)
13.08.050 Hazardous waste prohibited.
No person shall discharge hazardous waste into the sewerage facilities except pursuant to a permit issued by the Director and the Authority’s manager upon a determination that such hazardous waste will not constitute or create a detrimental discharge. (Ord. 1424 § 1 (part), 2010)
13.08.060 Dilution prohibited.
Except pursuant to an express applicable pretreatment standard, no user shall ever increase the use of process water or, in any other way, attempt to dilute a discharge of waste or wastewater as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard. The Authority may impose limitations upon mass emission rates on users which are using dilution to meet applicable pretreatment standards or in other cases where the imposition of mass limitations is appropriate. (Ord. 1424 § 1 (part), 2010)
13.08.070 Specific sources prohibited.
No person shall discharge, cause to be discharged, or permit to be discharged, either directly or indirectly into the sewerage facilities, waste or wastewater from any of the following sources unless a permit therefor is issued by the Director subject to the concurrence of the Authority:
A. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage, subject to the following permit conditions:
1. Interior (Indoor) Floor Drains. Interior (indoor) floor drains connected to the sewerage facilities may not be placed in areas where hazardous materials, hazardous waste, industrial wastes, industrial process water, lubrication fluids or vehicle fluids are used or stored, unless secondary containment is provided for all such materials and equipment;
2. Exterior (Outdoor) Drains. Exterior (outdoor) drains may be connected to the sewerage facilities only if the areas in which the drains are located are covered or protected from rainwater run-off by covers, berms and/or grading and appropriate pretreatment approved by the City is provided. Any loading dock area with a drain connected to the sewerage facilities must be equipped with a valve which is kept closed during periods of nonoperations when the dock is not being used;
B. Any unpolluted water, including, but not limited to, cooling water, process water, or blow-down water from cooling towers or evaporative coolers;
C. Waste from garbage grinders; provided, that wastes generated in preparation of food normally consumed on the premises may be so discharged; provided, further, that such grinders shall be of such design and capacity to shred waste used therein such that all waste particles shall be carried freely under normal flow conditions into and through the sewerage facilities;
D. Any wastes or wastewater, or any object, material, or other substance, directly into a manhole or other opening into the sewerage facilities other than wastes or wastewater through an approved building sewer;
E. Any holding tank waste; provided, that such waste may be placed into facilities designed to receive such wastes and approved by the Director;
F. Any radioactive waste; provided, that persons authorized to use radioactive materials by the State Department of Health or other governmental agency with regulatory jurisdiction over the use of radioactive materials may discharge, cause to be discharged, or permit to be discharged such wastes; provided, that such wastes are discharged in strict conformance with current California Radiation Control Regulations (California Code of Regulations Title XVII, Chapter 5, Subchapter 4, Group 3, Article 5), and Federal regulations and recommendations for safe disposal of such wastes; and provided, further, that the person so acting does so in compliance with all applicable rules and regulations of all other regulatory agencies having jurisdiction over the matter. (Ord. 1424 § 1 (part), 2010)
13.08.080 Fats, oils and grease (FOG).
A. Coordination with Building Codes. The provisions of this chapter are intended to complement, rather than supersede, the provisions of City building codes and regulations applicable to the installation and operation of grease capturing equipment. In the case of a conflict between this chapter and City building codes and regulations, the City building codes and regulations shall govern.
B. FOG Prohibitions.
1. Disposal of FOG or any food waste containing FOG directly into drains leading to sewerage facilities is prohibited, except in accordance with this section and applicable building codes and regulations.
2. Discharge of wastewater with a temperature higher than one hundred forty degrees Fahrenheit to or through a grease removal device is prohibited.
3. Discharge of wastewater from dishwashers to or through a grease removal device is prohibited.
4. Water closets, urinals and other plumbing fixtures conveying human waste shall not drain to or through any grease removal device.
5. The discharge of solvents or additives that emulsify grease into drainage pipes leading to or through a grease removal device is prohibited.
6. The use of biological additives, including but not limited to enzymes, into drainage pipes leading to or through a grease removal device is prohibited.
C. General FOG Requirements. All food service establishments shall properly store and recycle or dispose of FOG diverted from their liquid waste streams in accordance with all laws and regulations applicable to such storage, recycling and disposal.
D. Grease Removal Device Required.
1. Grease Interceptors. The owner of any newly constructed, remodeled commercial, institutional or industrial facility which remodeling is permitted with one or more FOG-generating activities, including food service establishments, shall install, or cause to be installed, a grease removal device for each FOG-generating activity. The grease removal device shall be of a size equal to or greater than the minimum size meeting the sizing criteria for “grease interceptors,” as set forth in the applicable edition of the Uniform Plumbing Code adopted by the International Association of Plumbing and Mechanical Officials and the current California Plumbing Code to which the owner is subject and shall have a sampling access point located downstream of the grease interceptor. Grease interceptors shall have a minimum pumping frequency of three months, or more frequently if necessary to ensure there are no downstream blockages of lines.
2. FOG Blockage. Any owner of a commercial, institutional or industrial generator of FOG, including food service establishments, found to have a FOG blockage, a history of FOG blockage or accelerated line maintenance resulting from FOG disposal shall install, or cause to be installed, upon notification by the City, a grease removal device in accordance with the applicable edition of the current Uniform Plumbing and California Plumbing Codes to which the owner is subject.
3. Remodeled Facilities. The owner of any commercial, institutional or industrial generator of FOG, including food service establishments, that performs a remodel, alteration and/or repairs valued at or greater than twenty-five thousand dollars, shall install or cause to be installed a grease removal device in accordance with the applicable edition of the current California Plumbing Codes to which the owner is subject. The Building Official shall make the final determination when a grease removal device is required.
D. Grease Removal Device Operations and Maintenance.
1. Grease removal devices must be operated and maintained effectively and properly at all times. Food service establishments may be required to keep and/or provide equipment maintenance and service logs or receipts, and to retain such logs on site.
2. Grease removal devices shall be maintained at a frequency such that the combined FOG accumulation and settled solid material does not exceed twenty-five percent of the total hydraulic depth of the equipment.
3. Food service establishments must follow the manufacturer’s recommendations and guidelines for appropriate operations and maintenance of grease removal devices. Information on the manufacturer-recommended operations and maintenance of the grease removal devices shall be retained on site by the food service establishment.
4. FOG waste that is removed by any means other than self-cleaning must be removed by a grease hauler certified by the California Department of Food and Agriculture. The maintenance records signed by the certified grease hauler shall be retained on site by the food service establishment for three years.
5. Materials removed from grease removal devices shall not be reinserted into a grease interceptor or allowed to pass into the sewerage facilities. (Ord. 1424 § 1 (part), 2010)
13.08.090 Wastewater strength limitations.
Except pursuant to a permit issued under Section 13.08.110, no person shall discharge, cause to be discharged, or permit to be discharged any wastewater into the sewerage facilities containing any of the following wastewater constituents in excess of the maximum allowable amounts respectively hereinafter established therefor:
|
|
Wastewater Constituent |
Amount in Milligrams per Liter (mg/L) |
|---|---|---|
|
A. |
Arsenic |
0.1 |
|
B. |
Cadmium |
0.04 |
|
C. |
Chromium |
0.2 |
|
D. |
Copper |
0.2 |
|
E. |
Lead |
0.2 |
|
F. |
Mercury |
0.002 |
|
G. |
Nickel |
0.06 |
|
H. |
Silver |
0.1 |
|
I. |
Zinc |
1.0 |
|
J. |
Phenolic Compounds |
2.6 |
|
K. |
Cyanide |
0.06 |
|
L. |
Polycyclic Aromatic Hydrocarbons |
0.2 |
|
M. |
Methylene Chloride |
0.07 |
|
N. |
Chloroform |
0.03 |
|
O. |
Perchloroethylene |
0.03 |
|
P. |
Benzene |
0.002 |
|
Q. |
Carbon Tetrachloride |
0.001 |
|
R. |
Carbon Disulfide |
0.008 |
(Ord. 1424 § 1 (part), 2010)
13.08.100 Specific wastes prohibited.
No person shall discharge, cause to be discharged, or permit to be discharged any wastewater into the sewerage facilities:
A. The temperature of which is higher than one hundred fifty degrees Fahrenheit;
B. Containing more than three hundred mg/l of oil or grease of animal or vegetable origin;
C. Containing more than one hundred mg/l of oil or grease of mineral or petroleum origin;
D. Having a pH lower than 6.0 or having a corrosive property capable of causing damage or hazard to structures or equipment of the sewerage facilities, or any portion thereof;
E. Any sand, grit, straw, metal, glass, rags, feathers, paper, tar, plastic, wood, leaves, garden clippings, manure, dead animals, offal, or any other solid or viscous substance capable of causing obstruction to the flow in the sewerage facilities, or which in any way interferes with the proper operation of the sewerage facilities;
F. Any pollutant not otherwise specifically prohibited in these regulations, in sufficient quantities to constitute a hazard to humans or animals, or to create a hazard to the sewerage facilities, or to injure or interfere with the operation thereof;
G. Any waste containing suspended solids not otherwise specifically prohibited under the provisions of these regulations, the characteristics or quantity of which require or requires unusual attention, treatment, or expense in handling or treating in the sewerage facilities, or any portion thereof;
H. Any waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit;
I. Any trucked or hauled wastes except at points designated by the authority. (Ord. 1424 § 1 (part), 2010)
13.08.110 Specific user limitations.
Notwithstanding the limitations upon the characteristics or quantity of wastewater discharged, caused to be discharged, or permitted to be discharged into the sewerage facilities pursuant to this chapter, the Authority or the Director may, in connection with the issuance of permits pursuant to the provisions of Section 13.08.130, establish additional or different specific limitations on wastewater strength, or deny an application for any such permit, upon a finding by him or her that:
A. The limitations set forth in this chapter may not be sufficient to protect the operation of the sewerage facilities, or any portion thereof, or the waste or wastewater proposed to be discharged constitutes a hazard to, or an unreasonable burden upon, such operation, or otherwise causes or may cause, or significantly contributes, or may contribute, to a violation of Authority’s NPDES Permit; or
B. The limitations set forth in Section 13.08.090 may be unreasonably restrictive when applied to a specific user or user category and the proposed discharge, if allowed, when added to the total amount authorized by existing permits issued pursuant to these regulations will not cause the amount of any of the following wastewater constituents to exceed the aggregate maximum allowable amount respectively hereinafter established therefor:
|
|
Wastewater Constituent |
Aggregate Maximum Permitted Amounts in Pounds per day (lbs/day) |
|---|---|---|
|
1. |
Arsenic |
11.4 |
|
2. |
Cadmium |
6.11 |
|
3. |
Chromium |
31.3 |
|
4. |
Copper |
19.9 |
|
5. |
Lead |
22.7 |
|
6. |
Mercury |
0.915 |
|
7. |
Nickel |
6.82 |
|
8. |
Silver |
12.5 |
|
9. |
Zinc |
113.0 |
|
10. |
Phenolic Compounds |
385.0 |
|
11. |
Cyanide |
5.25 |
|
12. |
Polycyclic Aromatic Hydrocarbons |
15.2 |
C. Notwithstanding the provisions of subsections A and B of this section, in no event shall any permit be issued which allows an interfering discharge, or a pass through, or allows a violation of a categorical standard. (Ord. 1424 § 1 (part), 2010)
13.08.120 Wastewater volume determination.
A. General. For the purposes of this chapter, unless otherwise provided pursuant to the provisions of this section, wastewater volumes shall be determined upon the basis of volumes of fresh water, including all sources of nonwastewater, used by or furnished to a user.
B. Exception—Metering. Upon application of a user, and upon a finding by the Director that a significant portion of fresh water or nonwastewater received by the user from any metered source does not flow into the sewerage facilities because of the principal activity of the user, or by reason of removal of wastewater by other means, the Director may authorize determination of the volume of wastewater discharge to be made by an appropriate metering device. Upon such determination by the Director, a metering device, of a type approved by the Director, and at a location approved by the Director, shall be installed at the user’s expense. Such metering device shall measure either the amount of wastewater discharged into the sewerage facilities, or the amount of fresh water or nonwastewater diverted from the sewerage facilities. Upon installation, such meters shall be maintained and tested periodically for accuracy in accordance with requirements established by the Director, all of which maintenance and testing shall be at the expense of the user.
C. Exception—Estimated Volume. In lieu of use of a metering device as specified in subsection B of this section, and upon a determination by the Director that it would be unnecessary or impracticable to install, maintain or operate such metering device, wastewater volume discharged by a user into the sewerage facilities may be based upon an estimate thereof determined by the Director. The determination of such estimated wastewater volume shall be based upon such factors as the number of fixtures through which wastewater flows into the sewerage facilities from the user’s premises, seating capacity of buildings or improvements upon the premises, the population equivalent associated with the premises, annual production of goods and services related to the premises, or other factors reasonably relating to water use, wastewater volume calculations, and/or diversions of wastewater flow from the sewerage facilities.
D. Permit Required for Metering or Estimated Volumes. Permission for calculation of wastewater volumes to be determined in accordance with the provisions of subsection B or C of this section shall only be granted by a permit issued by the Director, or as a provision of such other permit as may be required or provided under this chapter. In the event such permission is granted pursuant to a separate permit, applications therefor shall be in writing in such form as the Director shall require, and shall set forth the following:
1. The name and address of the applicant;
2. The location or other description of the premises served by the sewerage facilities and for which such calculation is proposed to be made;
3. Reasons supporting use of a metering device or calculation of estimated volumes, as appropriate; and
4. Such data, statistics or other information deemed necessary or appropriate by the Director to enable him to make the finding or determination specified in subsection B or C of this section. (Ord. 1424 § 1 (part), 2010)
13.08.130 Reports, permits and administration.
A. Reports.
1. General. Reports required to be submitted pursuant to permits issued under these regulations or otherwise required by the Act, or regulations implementative thereof, including, but not limited to, compliance schedule progress reports, reports on compliance with categorical deadlines, periodic compliance reports, notice of changed discharge reports, and reports from noncategorical industrial users, shall conform to pertinent provisions of such permits, these regulations, or other requirements of law, and shall be submitted in accordance with applicable filing requirements, including, but not limited to, deadlines.
2. Periodic Discharge Reports. In addition to all other reports which may be required to be submitted by a user, upon a determination by the Director or the Authority that such information is necessary or appropriate for them reasonably to carry out their respective duties and to exercise their respective authority under these regulations, each or either of them may require that any person discharging, causing to be discharged, permitting to be discharged, or proposing to discharge wastewater into the sewerage facilities shall file a periodic discharge report, the cost of which shall be borne by such person. Such report may include, but shall not necessarily be limited to, information relating to the nature of manufacturing, fabricating, or other processes, fresh or nonwastewater volumes, wastewater volumes, rates of flow, mass emission rates, production quantities, hours of operation, number and classification of employees, or other information relating to the generation of waste, including wastewater constituents and characteristics of the pertinent wastewater discharge. The Director or the Authority may also require that such reports include chemical constituents and quantity of liquid or gaseous materials stored on the premises relating to such discharge, even though such materials are not normally discharged into, or become a part of the wastewater in, the sewerage facilities. Such reports shall be in addition to self-monitoring reports, information furnished in connection with wastewater discharge permits, or other permits authorized under these regulations. The reports authorized and required under this section shall be filed with Director or the Authority periodically and/or at such other times as either of them may reasonably require.
3. Signatory Requirements. Baseline and monitoring reports, ninety-day compliance reports, and periodic reports on continued compliance (as said reports are defined and described in Subdivisions (b), (d) and (e) of Section 403.12 of Title 40, Code of Federal Regulations), and such other reports as may be specified by Director or the Authority, shall be signed by an authorized representative of the industrial user, or other user or other person required to submit such report. An authorized representative may be:
a. A principal executive officer of at least the level of vice president, if the industrial user, other user or other person submitting such report is a corporation;
b. A general partner or proprietor if the industrial user, other user, or other person submitting such report is a partnership or sole proprietorship, respectively; or
c. A duly authorized representative of the individual designated in subsection (A)(3)(a) or (b) of this section, if such representative is responsible for the overall operation of the facility with respect to which such report pertains.
4. Certification. Reports required to be submitted pursuant to permits issued under these regulations, or otherwise required that by these regulations, by the Act, or by regulations implementative thereof, shall, unless otherwise specified by the Authority or the Director, include the following certification of the signatory thereto:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the Person or Persons directly responsible for gathering the information, or the Person or Persons who has or have knowledge of the substance of the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of a fine and imprisonment for knowing violations.
B. Mandatory Wastewater Discharge Permits. No significant industrial user shall connect to, or discharge waste or wastewater into, the sewerage facilities without first obtaining a wastewater discharge permit therefor. No significant industrial user, or other user discharging, or proposing to discharge, wastewater having characteristics or quantities equivalent to that of a significant industrial user whose premises are connected to the sewerage facilities upon the effective date of this chapter shall discharge wastewater into the sewerage facilities on or after ninety days after such effective date without a wastewater discharge permit therefor.
C. Discretionary Wastewater Discharge Permits. A wastewater discharge permit may be issued by the Director to any user, upon application therefor:
1. Who requests that charges and fees established pursuant to this chapter be based upon an estimated volume of wastewater discharged, or to be discharged, into the sewerage facilities; or
2. Who establishes to the satisfaction of the Director that wastewater proposed to be discharged from such user’s premises into the sewerage facilities has, or will have, wastewater strength characteristics less than the normal range for the user classification to which such user is assigned, by reason of pretreatment, process changes, or other reasons related to such wastewater characteristics.
D. Applications for Mandatory Wastewater Discharge Permits. Applications for mandatory permits required under subsection B of this section shall be made to the Authority in writing via the Director in such form as the Authority shall require, and shall set forth the following:
1. The name and address of the applicant/user and the business name or other designation by which the premises or facility located thereon to which the application pertains is known, the address of said premises or facility (if different than the name and address of the applicant), and the name or names of the manager or other person in charge of said facility or premises;
2. A list of any environmental control permits held by the applicant for the facility or premises;
3. A brief description of the nature, average rate of production and standard industrial classification of the operation(s) carried out by the applicant;
4. Flow measurement showing average daily and maximum daily flow from each process stream to which the application pertains;
5. Wastewater constituents and characteristics of the wastewater proposed to be discharged into the sewerage facilities, including, but not limited to, those categories thereof described in Sections 13.08.070, 13.08.090 and 13.08.100, the presence and amount of which shall be determined by a laboratory competent to test and describe such constituents and characteristics, and approved by the Authority;
6. The time and duration of the proposed wastewater discharge;
7. The average and thirty-minute peak wastewater flow rates proposed to be discharged, including daily, monthly, and seasonal variations, if any;
8. Site plans, floor plans, mechanical and plumbing plans, in detail necessary or appropriate to show and to describe all building sewers and appurtenances by size, location and elevation;
9. A description of the activities, facilities, and plant processes conducted or proposed to be conducted on the premises, including, but not necessarily limited to, all materials manufactured, fabricated, or processed, and the types of materials which are or could be discharged into the sewerage facilities;
10. Identification of pretreatment standards applicable to each process;
11. A statement, reviewed by an authorized representative of the applicant and certified by a qualified professional, stating whether categorical standards are being or will be met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the applicant to meet such standards and requirements;
12. Requirements, if any, for additional pretreatment and/or operation and maintenance in order to meet categorical standards and the shortest schedule by which the applicant will provide such additional pretreatment and/or operation and maintenance (the completion date in said schedule shall not be later than the compliance date established for any applicable categorical standard);
13. Such other information deemed necessary by the Authority to determine the effect upon the sewerage facilities of the proposed discharge or activities related thereto, or otherwise reasonably necessary to enable Authority or the Director to carry out the provisions of this chapter, or any other requirements of law.
E. Applications for Discretionary Wastewater Discharge Permits. Applications for wastewater discharge permits which may be issued pursuant to Sections 13.08.050, 13.08.060, 13.08.070 and 13.08.110 and subsection C of this section shall be made to the Authority via the Director in writing in such form as Authority shall require and shall set forth the following:
1. The name and address of the applicant/user and the business name (if applicable) or other designation by which the premises or facility located thereon to which the application pertains is known, the address of said premises or facility (if different than the name and address of the applicant), and the name or names of the manager or other person in charge of said facility or premises;
2. The time and duration of the proposed wastewater discharge;
3. A description of the activities, facilities, or other operations pertaining to the proposed discharge including, but not necessarily limited to, types of materials which are or could be discharged into the sewerage facilities;
4. Such other information deemed necessary by the Authority or the Director to determine the effect upon the sewerage facilities of the proposed discharge or activities related thereto, or otherwise reasonably necessary to enable the Authority or the Director to carry out the provisions of this chapter, or any other requirements of law.
F. Signatory Requirements. Applications for permits shall be signed by the persons designated in subsection (D)(3) of this section (pertaining to signatories for certain reports) and shall contain the certification specified in subsection (D)(4) of this section (pertaining to certification for certain reports).
G. Issuance. Upon evaluation of and approval of all pertinent data and information, Authority shall issue a wastewater discharge permit, subject to the consent of the Director, and further subject to terms and conditions required or authorized under the provisions of this chapter and deemed necessary or appropriate by Authority or the Director, as the case may be, to carry out the purposes and intent of this chapter.
H. Permit Conditions.
1. General. Wastewater discharge permits authorized under this chapter shall be subject to all applicable provisions and requirements of the Authority’s regulations, this chapter, and to all other applicable requirements of law.
2. Permits authorized under this chapter may include any or all of the following:
a. The unit charge or schedule of charges and fees for the service and use of the sewerage facilities, to be paid by the permittee, and the terms and conditions of such payment;
b. The allowable average and maximum wastewater constituents and characteristics thereof permitted to be discharged into the sewerage facilities;
c. Limitations upon time and rate of wastewater discharge, or requirements for flow regulation and equalization thereof;
d. Requirements for the installation of inspection, sampling or testing facilities;
e. Pretreatment requirements;
f. Specifications for monitoring programs, which may include, but shall not necessarily be limited to, sampling locations, frequency and method of sampling, number, types and standards for tests, and reporting schedule;
g. Requirements for submission of technical reports or wastewater discharge reports;
h. Requirements for maintaining, for not less than three years, plant records relating to the wastewater discharge, as specified by the Authority, and providing for access of the Authority and the Director, including provisions pursuant to which such records shall be made available for copying and inspection by Authority or the Director;
i. The mean and maximum mass emission rates, or other appropriate limits, when incompatible pollutants are proposed to be discharged into or are present in the user’s wastewater discharge;
j. Requirements for submission, prior to closure or abandonment of the permittee’s facilities, of a closure plan detailing the means by which the permittee’s sanitary facilities, including pretreatment facilities, shall be secured upon such closure or abandonment; and
k. Such other conditions, requirements and provisions deemed appropriate by the Authority or the Director to ensure compliance with the provisions of this chapter or other requirements of law.
I. Duration of Permits.
1. Wastewater discharge permits authorized under this chapter shall be effective for the period described herein, but in any event for no longer than five years. Such period described in such permits may be for a term less than a year, may be expressed in years, or may be stated to expire on a specific date.
2. Upon expiration of the specified term in each wastewater discharge permit, the term thereof shall be deemed renewed automatically for successive one-year periods, that first of which shall commence upon the day next following the last day of the term specified in such permit; provided, however, that in the event the Director gives written notice to the permittee of the termination or expiration of the permit not less than thirty days prior to the expiration of the initial term thereof, or prior to the expiration of any successive one-year term thereof, then a new permit shall be required subject to the provisions of this chapter.
3. Every permit shall be subject to modification, amendment or other change by the Authority or the Director during the term thereof, as determined necessary by the Authority or the Director in order to obtain compliance by the user with the requirements of this chapter or other requirements of law.
4. To the extent practicable, the Authority and the Director shall give written notice to a permittee of any proposed modifications, changes or amendments to the user’s permit not less than thirty days prior to the effective date of such change, modification or amendment. To the extent reasonably necessary or appropriate, the Authority and the Director may specify a reasonable time schedule for compliance with any new conditions, provisions or requirements established by modification, change or other amendment to a permit.
J. Nonassignability. Wastewater discharge permits shall be personal to each permittee, and shall relate only to the use or operation described therein. No person shall, and it shall be unlawful to, assign, reassign, transfer, sell, lease, sublet or otherwise transfer a wastewater discharge permit, or any interest therein, to any person other than the permittee, or to use, cause to be used or permit to be used such permit in connection with a different premises, or a different operation than that specified in such permit, or with a new, expanded or modified operation.
K. Monitoring Facilities.
1. The Authority or the Director may require a user to construct, operate, and maintain, at the user’s own expense, monitoring, sampling, or metering facilities or other equipment to allow inspection, sampling, and flow measurement of the user’s building sewer, or internal drainage systems, or waste or wastewater discharges. Such monitoring, sampling, or metering facilities or equipment shall be located on the user’s premises; provided, however, that the Authority or the Director may allow such equipment or facility to be constructed upon public property adjacent to the user’s premises upon a determination by the Authority, with the concurrence of the Director, that location of such equipment or facilities upon the user’s premises would be impracticable or cause unnecessary or undue hardship. In the event that the Authority makes the foregoing determination with the concurrence of the Director, and the public property upon which such facilities or equipment are proposed to be constructed or installed is outside City’s boundaries, the user shall obtain permission for such installation or construction, and for the maintenance and operation of such facilities or equipment, from the governmental agency which owns or exercises managerial control over such property.
2. Monitoring, sampling, or metering facilities or equipment to be provided, installed, maintained and operated pursuant to the provisions of this section shall be so situated, constructed and installed as to permit safe and immediate access thereto by the Authority; provided, however, that the Authority may, at the option of the user, secure such equipment or facilities with a lock furnished by the Authority, at the expense of the user. The user shall provide sufficient space, as determined by the Authority, at or near such equipment or facilities so as to allow ready and accurate monitoring, sampling, and compositing of samples for analysis. Such equipment and facilities, and the sampling and measuring equipment to be maintained and operated in connection therewith, shall be so maintained and operated at all times in a safe and proper condition, by and at the expense of the user.
3. Monitoring, sampling or metering equipment or facilities to be furnished pursuant to the provisions of this section shall be provided in accordance with all reasonable requirements of the Authority, and all applicable construction standards and specifications of the City. Installation and construction of such facilities or equipment shall be completed within ninety days following written notification requiring such installation or construction from Authority; provided, however, that Authority may, at its discretion, extend the time of performance of such installation or construction.
L. Inspection and Sampling. The Authority and the Director are hereby authorized to inspect the premises, and inspect and copy the records, of any user at all reasonable times to ascertain whether such user is in compliance with the provisions of these regulations, or the provisions of any permit issued pursuant to these regulations. Owners or occupants of premises where wastewater is created, held or discharged shall allow the Authority and the Director ready access at all such reasonable times to all parts of the premises for the purposes of inspecting the facilities and appurtenances thereon, inspecting and copying records, sampling, monitoring, or performing any or all of the duties reasonably necessary or appropriate in carrying out or enforcing the provisions of this chapter, or any permit issued pursuant to this chapter. The Authority shall further have the right to install and use on the user’s premises such devices as are reasonably necessary or appropriate to conduct sampling, metering, or monitoring operations or other of the aforesaid duties. In the event a user has established security measures requiring identification and clearance prior to entry onto such user’s premises, the user shall furnish and provide such identification or clearance to the Authority so as to permit ready access of the Authority to the premises for the purposes described in this section.
M. Pretreatment.
1. Pretreatment of wastes or wastewater shall be furnished by every user on the user’s premises when such waste or wastewater, prior to pretreatment, does not comply with the minimum acceptable requirements and criteria therefor for discharge into the sewerage facilities as set forth in Sections 13.08.040, 13.08.050, 13.08.070, 13.08.090, 13.08.100, and 13.08.110. Such pretreatment facilities shall be provided and maintained at the user’s expense, and shall be of sufficient design and capacity to pretreat waste or wastewater discharged from the premises into the sewerage facilities to a level meeting such minimum requirements, and such other requirements established by the Authority reasonably necessary or appropriate for the sewerage facilities to treat adequately such waste or wastewater under normal operating and treatment conditions.
2. Prior to the installation of pretreatment facilities, plans and specifications therefor shall be submitted to the Authority, together with such data and descriptive material relating to the waste or wastewater prior to, and after such proposed pretreatment as Authority may require, in order that Authority may ascertain the wastewater constituents and characteristics and volume of the wastewater discharge after pretreatment. The user shall make such modifications, amendments or revisions to said plans and specifications as the Authority may reasonably require in order that the provisions of these regulations, or any permit issued, or to be issued pursuant to this chapter, shall be complied with. Upon approval of such plans and specifications by the Authority, the user may proceed with the construction of the pretreatment facilities in conformance therewith; provided, however, that such approval shall not be deemed to waive or modify any other requirement of this chapter, or of any permit issued pursuant to this chapter, or of any other requirements of law.
3. Approval of plans and specifications of pretreatment facilities pursuant to this section shall not relieve the user from the responsibility of modifying such pretreatment facilities as necessary to produce effluent therefrom complying with all pertinent provisions of this chapter, or any permit issued pursuant to this chapter, or any other requirements of law. Any proposed cessation of use, or alteration, modification, or other change to approved pretreatment facilities or any portion thereof, or any change in method of operation thereof, shall be reported to the Authority prior to commencement thereof, and shall be subject to the approval of the Authority. Such approval may be withheld, granted, or granted subject to such terms, conditions, or requirements as the Authority may reasonably require in order to ensure compliance with the provisions of this chapter, or any permit issued pursuant to the provisions of this chapter.
N. Public Information.
1. All information and data furnished by or regarding the operations of a user, obtained from reports, questionnaires, permit applications, permits, monitoring programs, inspections, or from other sources provided or required under the provisions of this chapter shall be available to the public or other governmental agencies without restriction unless the user requests in writing that such information be maintained confidential, and establishes to the satisfaction of the Director that the disclosure of the information to other persons would result in unfair competitive disadvantage to the user; provided, however, that in no event shall wastewater constituents, characteristics or volumes be deemed confidential information.
2. Notwithstanding the foregoing, information approved by the Director as confidential shall be available for use by the City, the Authority, the State, the Federal government, or any agency of said entities, in connection with enforcement proceedings, or any judicial proceedings to which the user is a party. Subject to the foregoing, information accepted by the Director as confidential shall not be transmitted to any governmental agency, or to the general public by the Director, until and unless prior written notification is given to the user.
O. Special Agreements. The provisions of this chapter shall not be deemed a limitation upon the City or the Authority to enter into agreements, and to recover costs relating thereto, with any user, relating to treatment, pretreatment, or other matters in furtherance of the provisions of this chapter and the purposes thereof, and not inconsistent therewith, when unique, unusual or extraordinary circumstances require such special agreements; provided, however, that no such agreement shall authorize an extension of the final dates for compliance with required Federal standards, nor waive such standards. (Ord. 1424 § 1 (part), 2010)
13.08.140 Accidental discharge prevention.
A. Every user shall provide protective measures against accidental or unauthorized discharges of prohibited wastes, wastewater constituents or characteristics, or volumes into the sewerage facilities, as set forth in Sections 13.08.040 through 13.08.120, or as may be otherwise set forth in any permit issued pursuant to this chapter. Such measures shall consist of operational or other procedures and/or facilities as determined reasonably necessary or appropriate by the Director. All costs of such measures shall be borne by the user.
B. The Director may specify standard procedures and/or facilities for each classification of user and, to the extent so specified, he is hereby authorized and directed to require the institution and use of such procedures, and the installation and construction of such facilities for each such classification. Alternatively, the Director may require any user to propose such procedures and/or facilities, which proposals shall be submitted to the Director for review, with such supporting plans, specifications, data, explanations, or other matters as may reasonably be required by the Director in order to ascertain the effectiveness of the procedures and/or facilities proposed.
C. The Director may require such revisions, amendments, modifications or other changes to such proposals, or approve or reject the same, as the Director deems reasonably necessary or appropriate in order that such proposals ensure protection against accidental or unauthorized discharge. (Ord. 1424 § 1 (part), 2010)
13.08.150 Location of discharge.
No person shall discharge, and it is unlawful to discharge, cause to be discharged or permit to be discharged, any wastes or wastewater, or any object, material or other substance directly into a manhole or other opening into the sewerage facilities other than wastes or wastewater through an approved building sewer; provided, however, that wastes or wastewater may be discharged into the sewerage facilities by means other than through an approved building sewer pursuant to a permit therefor issued by the Director. (Ord. 1424 § 1 (part), 2010)
13.08.160 Sewer service charges and fees established.
The City Council hereby establishes the following schedule of user charges and fees by the classifications set forth. The fees and charges are for the use and maintenance of the sewage facilities and services furnished to and for the user premises.
The City Council finds that the fees and charges herein provide a fair and equitable allocation of the cost to provide sewage facilities and services for the users and are commensurate with the reasonable cost of providing facilities and services. After review and study of the administration, maintenance costs and capital needs of the City’s sanitary sewer facilities, the schedule of users, fees and charges is as follows:
|
|
Current Sewer Rates |
Proposed Sewer Rates |
|||
|---|---|---|---|---|---|
|
July 1, 2019* |
July 1, 2020 |
July 1, 2021 |
July 1, 2022 |
||
|
RATE INCREASE % |
|
4.5% |
4.5% |
4.5% |
4.5% |
|
RESIDENTIAL |
|
|
|
|
|
|
Fixed annual charge per residential dwelling unit |
|
|
|
|
|
|
Single-Family Residence |
$1,175.10 |
$1,227.93 |
$1,283.19 |
$1,340.93 |
$1,401.27 |
|
Multifamily Dwelling Unit |
1,010.58 |
1,054.57 |
1,102.03 |
1,151.62 |
1,203.44 |
|
COMMERCIAL |
|
|
|
|
|
|
Volumetric charges per hcf of metered water use ($/hcf) subject to a minimum annual charge |
|
|
|
|
|
|
High Strength/Restaurants1 |
$18.99 |
$19.54 |
$20.42 |
$21.34 |
$22.30 |
|
Moderate Strength (includes hotels)2 |
16.22 |
16.77 |
17.52 |
18.31 |
19.13 |
|
Standard Strength/All Others |
12.00 |
12.58 |
13.15 |
13.74 |
14.36 |
|
Minimum Annual Charge Per Parcel or Account |
$881.33 |
$920.95 |
$962.39 |
$1,005.70 |
$1,050.95 |
|
INSTITUTIONAL |
|
|
|
|
|
|
Volumetric charges per hcf of metered water use ($/hcf) subject to a minimum annual charge |
|
|
|
|
|
|
Hospitals |
$12.33 |
$14.50 |
$15.15 |
$15.83 |
$16.54 |
|
School/Church/Public/Other |
11.50 |
12.18 |
12.73 |
13.30 |
13.90 |
|
Minimum Annual Charge Per Parcel or Account |
$881.33 |
$920.95 |
$962.39 |
$1,005.70 |
$1,050.95 |
|
INDUSTRIAL |
|
|
|
|
|
|
Volumetric Charge ($ per hcf water use) |
$9.89 |
$10.42 |
$10.89 |
$11.38 |
$11.89 |
|
+ Biological Oxygen Demand (BOD), ($ per pound) |
1.0978 |
1.2950 |
1.3533 |
1.4142 |
1.4778 |
|
+ Suspended Solids (SS), ($ per pound) |
1.1615 |
1.4541 |
1.5195 |
1.5879 |
1.6594 |
|
Minimum Annual Charge Per Parcel or Account |
$881.33 |
$920.95 |
$962.39 |
$1,005.70 |
$1,050.95 |
|
1 Includes restaurants, bakeries, mortuaries, markets with garbage disposals and mixed use accounts with wastewater comprised of 75% or higher flow from high strength users. 2 Includes hotels with food service and/or laundry facilities and mixed use accounts with wastewater comprised of greater than 25% but less than 75% of flow from high strength users. The City shall determine which customer class best reflects the wastewater characteristics of each account. Note: 1 hcf = One hundred cubic feet, or approximately 748 gallons. |
|||||
* The initial rate increase includes a cost-of-service rate structure realignment which results in slightly different impacts for each customer class the first year.
(Ord. 1547 § 2, 2019)
13.08.170 Easements and encroachments.
A. City Policies Concerning Easements. The following are City policies concerning easements:
1. Wherever feasible, City-owned sewerage facilities shall be located on lands owned by the City, public lands to which the City has largely unrestricted access or in public streets, roads, highways or other public rights-of-way in which, by law, the City is entitled to construct, install, operate and maintain its facilities.
2. City-owned sewerage facilities shall not be located and permanently installed on or in private property, unless the City has acquired an easement or easements for the facilities conforming to this chapter. Temporary installations may be made pursuant to a license or other similar authorization approved by the City.
3. The location of City sewerage facilities, as described in subsection (A)(1) of this section, is strongly preferred over the type of location described in subsection (A)(2) of this section.
4. In furtherance of the policy stated in subsection (A)(3) of this section, City sewerage facilities should not be installed in easements over private property unless:
a. Installation in a subsection (A)(1) of this section location is not possible, would be impracticable or would be unduly burdensome; and
b. The City’s easement rights shall be sufficient to enable the City to operate and maintain its facilities without excessive cost or other undue difficulty.
B. Subject to its right to abandon or relinquish ownership of any sewerage facilities which are no longer in use and which are not required for future City needs, the City claims that as of the effective date of this chapter, it has acquired and owns easement rights for all City sewerage facilities which are located in or on private property, whether or not the City’s easement rights are evidenced by a recorded written instrument or other writing providing notice of the City’s claimed easement rights.
C. Creation of City Easements. City easements may be created in any manner allowed by law so long as the easement has been approved and accepted by the City. Notwithstanding the above, easements to be conveyed to the City should ordinarily be created by express grant or reservation in a written instrument eligible for recordation in official records of San Mateo County. The form and content of the instrument shall be acceptable to the City but shall not be effective until the instrument has been duly delivered to, approved and accepted by the City.
D. Minimum Standards for Easements. Unless expressly waived by the City for good cause, an easement conveyed to the City shall be subject to the following minimum standards:
1. For the purpose of exercising its principal easement rights, the City shall also be afforded the right of ingress and egress to, from, along, on, in, above and below the surface of the land encompassed by the easement.
2. The easement shall be subject to the provisions of this chapter and to other rules and regulations promulgated by the City.
3. In the case of easements for pipelines, the easement shall have a horizontal width of not less than ten feet.
4. Easements shall be for the exclusive benefits of the City or they may be non-exclusive. If the easement is nonexclusive, other users of the territory encompassed by the easement shall be prohibited from interfering with the City’s easement rights.
E. Unlawful Acts. It is unlawful for any person to:
1. Cause or permit an unauthorized encroachment on a City easement;
2. After notice, fail to abate or otherwise remove or discontinue any action or condition which results in an unauthorized encroachment;
3. Abandon any items of property, including motor vehicles, on or within a City easement;
4. Deposit any debris, garbage, trash, toxic substance, liquid or solid waste or other form of refuse on or within a City easement;
5. Cause, permit or maintain any activity or condition off or outside the territory of a City easement which causes directly or indirectly a significant interference with the City’s easement rights; or
6. Cause or permit any activity or condition on or within a City easement which constitutes a public or private nuisance.
F. Authorized and Unauthorized Encroachments. A property owner may make use of the land over which the City has an easement if those uses do not result in a significant easement interference. Except as provided in subsection G of this section, Class Two and Class Three encroachments are not authorized and shall not be maintained or permitted on City easements. The owner of the property over which the City has an easement and any other person who has caused or permitted an unauthorized encroachment to exist is obligated to promptly remove and eliminate the encroachment.
G. Encroachment Permits. The owner of a property over which the City has an easement who wishes to maintain a Class Two encroachment or to obtain grandfather relief for a Class Three encroachment shall apply for and obtain a City encroachment permit. No permit is required for a Class One encroachment. Encroachment permits are subject to the following standards:
1. The City shall establish and the applicant shall comply with such procedures as are required to process and act on the application, including payment of applicable fees, completion of approved application forms, and submission of specified information needed to evaluate the application.
2. An encroachment permit shall be issued if:
a. The applicant has fully complied with all City requirements and procedures pertaining to issuance of the permit;
b. The applicant has accepted and agreed to all conditions upon which the permit is proposed to be issued per subsection H of this section;
c. With respect to Class Two encroachments, the City finds that, as conditioned, the permit shall ensure that the Class Two encroachments authorized by the permit will not result in significant interference with the City’s easement; and
d. With respect to grandfathered Class Three encroachments, the City finds that, as conditioned, the permit shall to the greatest extent reasonably possible preserve the City’s easement rights while at the same time, in the interests of fairness and substantial justice, make appropriate allowances for justifiable concerns of the property owner. Under no circumstances shall a Class Three encroachment be eligible for grandfathering if:
i. Grandfathering could result in a violation of any statute, regulation, order or other provision of law promulgated or enacted by a Federal, State or local government entity having jurisdiction over the matter in question;
ii. Grandfathering would be materially detrimental to the public health, safety and welfare; or
iii. Grandfathering would result in undue hardship to other persons.
H. Encroachment Permit Conditions. The City shall not issue an encroachment permit unless conditioned as follows:
1. The applicant shall be obliged to fully perform and satisfy all conditions of the permit;
2. When required by the City, the applicant shall cooperate with the City and shall execute a written instrument in recordable form which, when recorded by the City, will place on public record provisions of the permit which are intended to be known and binding upon any person who succeeds to ownership of an interest in the real property which is subject to the City’s easement;
3. The permit shall be subject to all of the provisions of this chapter;
4. With respect to Class Two encroachments, the permit shall be conditioned so as to mitigate the effects of the encroachment and safeguard the City’s easement rights such that the effect of the mitigation measures and safeguards shall prevent the encroachment from causing significant interference with the City’s easement; and
5. With respect to grandfathered Class Three encroachments, the permit shall include conditions, which, to the extent reasonably possible under the circumstances, will:
a. Eliminate the encroachment in due course; and
b. Until eliminated, alleviate the impacts of the encroachment on the City’s easement by requiring mitigation measures and/or safeguards and/or by shifting to the property owner and/or other responsible parties.
I. Other Regulations. By resolution of the City Council adopted from time to time, as the Council deems necessary and appropriate, the Director may promulgate and amend rules, regulations and procedures to implement the provisions of this chapter, including the following:
1. Establish rules, regulations, and procedures concerning applications for and issuance of encroachment permits;
2. List and categorize activities and conditions which constitute encroachments; and
3. Establish standard encroachment permit conditions applicable to specific activities and conditions including mitigation measures, safeguards and similar provisions.
J. Grandfathering. A Class Three encroachment which was in existence prior to the effective date of this chapter may be maintained and shall not be subject to immediate mandatory removal if the encroachment is grandfathered pursuant to this section. An encroachment shall be grandfathered if the applicant has applied for and obtained an encroachment permit pursuant to subsection G of this section.
K. Removal and Restoration of Improvements Which Are Disturbed by City Activities. Whenever City activities in City easements result in the need for improvements or other activities or conditions of the real property subject to the easement to be removed or otherwise disturbed, the following provisions shall apply:
1. Conditions and Activities Not Constituting Unauthorized Encroachments. The City may, at the expense of the City, temporarily remove or discontinue the activity or condition, and, upon completion of the City’s activities, the City shall, at the City’s expense, restore the activity or condition in kind.
2. Encroachments Authorized by Permit. If the encroachment is authorized pursuant to an encroachment permit and the encroachment permit does not provide otherwise, the City shall, at the City’s expense, restore the activity or condition in kind.
3. Unauthorized Encroachments. Unauthorized encroachments shall be permanently removed by the property owner and/or other responsible person and shall not be restored. Removal shall be performed promptly by and at the expense of the property owner/responsible parties. If the encroachment has not been removed within a reasonable time after notice has been given by the City, or if the urgency of the City’s easement activities requires that the activities be commenced without prior notice, the City may remove the encroachment itself, but the removal costs shall be charged back to the property owner/responsible party.
L. City Remedies. Remedies granted to the City in this chapter are in addition to any other rights and remedies which are available under this chapter or which are otherwise afforded by law, and the City is entitled to exercise any and all such rights and remedies, either serially or cumulatively, as determined by the City.
M. Request for Relief by Affected Persons. Any person who contends that his/her/its rights have been adversely affected by any action of or failure to act by the City in connection with the provisions of this chapter may seek relief from the City under Section 13.08.190. (Ord. 1424 § 1 (part), 2010)
13.08.180 Enforcement.
A. Enforcement Responsibility. The primary responsibility for enforcement of the provisions of this chapter shall be vested in the Director; provided, however, that the Director shall be and is hereby authorized and empowered to delegate his authority hereunder to such officers, employees or agents of the City or the Authority as he shall designate; and provided further, that field inspectors or other employees of the Authority, upon written certification thereof from the Authority to the Director, are hereby authorized to act as enforcement agents of the City for and on behalf of the Director with power to inspect and issue notices for violations of the provisions of this chapter. Notwithstanding the foregoing, all actual prosecutions for violations of any of the provisions of this chapter, including, without limitation, levying of fines, termination of service, revocation of permits, and civil and criminal court actions, shall be the exclusive responsibility of the City.
B. Unauthorized Discharges.
1. Notification. Every user shall notify the Director and the Authority immediately upon discharging wastes or wastewater in violation of the provisions of this chapter, or any permit issued pursuant to this chapter. A user who discharges, causes to be discharged or permits to be discharged such wastes or wastewater shall, within fifteen days of the occurrence thereof, submit a written report to the Director describing the cause or causes of such unauthorized discharge, and the measures taken or proposed to be taken to prevent future similar occurrences. Such report shall not relieve any user of liability for any expense, loss or damage suffered or incurred by the City or Authority, directly or indirectly, by reason of such unauthorized discharge. Such report shall not relieve or absolve any person from civil liabilities or imposition of civil or criminal penalties in any manner whatsoever.
2. Notices to Employees. Every nondomestic user, every user issued a mandatory or discretionary wastewater discharge permit pursuant to Section 13.08.130, shall prominently post a notice on the user’s premises advising of the requirement to notify the Director and the Authority of any unauthorized discharge, including the telephone number of the Director to be called in the event of such discharge. The Director and the Authority may require any user to inform and advise his officers, agents and employees of any particular provisions of this chapter, any permit issued pursuant to this chapter or other requirements of law, or of any other information which may be of assistance in ensuring compliance with said chapter, permit or other requirements of law.
3. Cease and Desist Orders. Upon determination by the Director or the Authority that a discharge of waste or wastewater has occurred, or is occurring, or is about to occur, in violation of any provision of this chapter, or of any provision of any permit issued pursuant to this chapter, the Director may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge, and further order such person to:
a. Comply forthwith with the provisions of this chapter, or the provisions of any permit issued pursuant to this chapter;
b. Comply in accordance with a time schedule established by the Director; and/or
c. Take appropriate remedial or preventative action.
C. Time Schedules. Upon a determination by the Director that a discharge of waste or wastewater has occurred, or is occurring, or is about to occur in violation of the provisions of this chapter, or in violation of any provision of a permit issued pursuant to this chapter, the Director may require the person or user having so discharged or discharging, or about to discharge, to submit for approval, subject to such modifications, terms and conditions as the Director reasonably deems necessary or appropriate, a detailed time schedule of specific actions which the person or user shall take in order to eliminate or prevent such violation or violations.
D. Emergency Corrections.
1. In the event repairs, construction or other public work is performed on any premises pursuant to any provision of law relating to the emergency performance of public work and the expenditure of public funds therefor, or pursuant to any other provision of law authorizing public work on private property in order to correct, eliminate or abate a condition upon such premises which threatens to cause, causes or caused damage to the sewerage facilities, or which otherwise threatened to cause, causes or caused a violation of any provision of this chapter, or of any permit issued pursuant to this chapter, or of any other requirement of law, the user responsible for the occurrence or condition giving rise to such work, the occupant and the owner of the premises shall be liable, jointly and severally, to the City for such public expenditure.
2. If such user, occupant or owner shall fail to pay the full amount of such public expenditures within thirty days after billing therefor, the City Council may, by order entered upon its minutes, declare that such amount, and the administrative expenses incurred by the City incident to such expenditures, shall be transmitted to the County Assessor and County Tax Collector by copy of the order so providing, certified by the City Clerk. Upon making such order, the unpaid amount shall constitute a lien upon the premises, and the amount thereof shall be added to the next succeeding tax bill against such property, and shall be collectable at the same time and in the same manner as general municipal taxes are collected, and shall be subject to the same penalties and procedure in case of delinquency.
E. Damages to Sewerage Facilities.
1. In the event damages are caused to the sewerage facilities, or any portion thereof, by reason of a waste or wastewater discharge from any premises in violation of the provisions of this chapter, or of any permit issued pursuant to this chapter, or of any other requirement of law, the user responsible for the occurrence or condition giving rise to such damages, the occupant, and the owner of the premises shall be liable, jointly and severally, to the City, for the full amount thereof.
2. If such user, occupant or owner shall fail to pay the full amount of such damages within thirty days of billing therefor, the City Council may, by order entered upon its minutes, declare that such amount and the administrative expenses incurred by the City incident to such damages, shall be transmitted to the County Assessor and County Tax Collector by copy of the order so providing, certified by the City Clerk.
3. Upon making such order, the unpaid amount shall constitute a lien upon the premises, and the amount thereof shall be added to the next succeeding tax bill against such property, and shall be collectable in the same manner as general municipal taxes are collected, and shall be subject to the same penalties and procedures in case of delinquency.
F. Emergency Termination of Service.
1. Subject to the provisions of this section, the City may terminate sanitary sewerage services in cases of emergency to any premises from which wastes or wastewater have been discharged, are being discharged, or are threatened to be discharged, in violation of any provision of this chapter or of any permit issued pursuant to this chapter or of any other requirement of law.
2. Notification of intention to terminate service shall be given by the Director to the user or person found by the Director to be in violation of such provision or requirement, which notice shall state the time, date and place the hearing shall be held by the City Council upon the question of termination, which date shall be not less than ten days after giving such notice. If the person so found to be in violation is not the owner or occupant of the premises, such notice shall also be given to the occupant, and in all cases shall be given by mail to the owner of the premises at the address shown therefor on the last equalized assessment roll in the office of the county assessor.
3. Any owner of the premises, the user, or the person determined to be in violation of the provisions of this chapter, or of any permit issued pursuant to this chapter, or of any other requirement of law, the Director, and such other persons as the City Council may deem appropriate shall be heard at the hearing on the question of termination of service.
a. If, upon completion of the hearing, the City Council finds that no violation of the provisions of this chapter, or of any permit issued pursuant to this chapter, or of any other requirement of law, has occurred, the City Council shall order that service shall not be terminated to the premises.
b. If, upon completion of the hearing, the City Council determines that such a violation has occurred, or is occurring, or is about to occur, the City Council may order that service shall be terminated, or may order that services shall be terminated within a specified period of time unless such violation, or the conditions or activities threatening such violation, cease forthwith, or within the specified period of time, or the City Council may make such other order as it deems appropriate under the circumstances and in furtherance of the purposes and intent of this chapter.
G. Permit Revocation. The Director may revoke any permit issued pursuant to the provisions of this chapter upon a determination by him that:
1. The permittee has failed to report factually the wastewater constituents, characteristics or volume of the permitted wastewater discharge;
2. The permittee has failed to report significant or substantial changes in the operations conducted upon the premises to which the permit pertains, or significant or substantial changes in wastewater constituents, characteristics or volumes pertaining to such premises;
3. The permittee has refused, or failed to permit, reasonable access to the premises to which the permit pertains; or
4. The permittee has violated, caused to be violated, or permitted to be violated, any term, condition or provision of the permit.
In the event that Director preliminarily determines that a permit should be revoked for any of the foregoing reasons, he or she shall notify the permittee and the owner and occupant of the premises (if such persons are not the same as the user) to which the permit pertains of a hearing on the question of revocation. Notice of such hearing shall be given in the manner provided for giving notices of violation pursuant to subsection I of this section and such hearing shall be conducted in the manner provided for enforcement hearings pursuant to subsection J of this section. Appeals from the determination of Director may be taken in the manner provided for appeals pursuant to Section 13.08.190.
H. Notice of Violation. Whenever the Director finds that any such user has violated or is threatening to violate any provision or requirement of these regulations, or any provision or requirement of any permit issued pursuant to these regulations, or any prohibition, limitation, or requirement of law, the Director shall serve upon such user written notice stating the nature of the violation, ordering cessation thereof and directing submittal of a written explanation of the cause of the violation. Service of such notice shall be made personally or by certified or registered mail (return receipt requested), addressed to the premises which is the source or location of such violation, the address of the user or permittee theretofore specified by said user or permittee and also to the owner of said premises as shown on the last equalized assessment roll prepared by the County Assessor, County of San Mateo. Within thirty days of the date of said notice, the user, permittee, and/or owner of the premises shall submit to the Director a written explanation of the cause of such violation.
I. Enforcement Hearing. The Director may order any user who causes or allows an unauthorized discharge to enter the sewerage facilities or who has otherwise violated, or is threatening to violate, any provision or requirement of this chapter, or any provision or requirement of any permit issued pursuant to this chapter, or any prohibition, limitation or requirement of law, to show cause before him or her why a proposed enforcement action should not be taken. Notice of a hearing thereon shall be served on the user and/or permittee (if such violation pertains to a permit issued pursuant to these regulations) specifying the time, place and date of the hearing, the nature of the violation of these regulations or of any permit issued pursuant to these regulations or of any other requirement of law giving rise to the enforcement proceedings, a proposed enforcement action or actions and directing the user to show cause why the proposed enforcement action should not be taken. Said notice may be combined with a notice of violation issued pursuant to subsection I of this section. Notice of the hearing shall be served personally or by certified mail (return receipt requested) addressed, in the case of a user or permittee, to the premises where the alleged violation has taken, or is taking place, to the address theretofore specified by said user or permittee and also to the owner of said premises as shown on the last equalized assessment roll prepared by the County Assessor, County of San Mateo. Said hearing shall be held within sixty days following the date of service of the notice.
J. Hearing Procedure. At the hearing the user and/or permittee and the owner of the premises shall be given the opportunity to be heard. Formal rules of evidence shall not be applicable; provided, however, that oral and documentary evidence shall be received by the Director relevant to the issue being heard. A verbatim transcript of the record need not be prepared; provided, however, that if the user, permittee, or owner of the premises requests a transcript, the Director shall cause a transcript to be prepared; provided, further, that the cost of preparing such transcript shall be borne by the party requesting it. A request for the preparation of a transcript shall be made not less than five business days prior to the hearing. The requesting party shall deposit with the Director the estimated cost of providing a transcript prior to commencement of the hearing. Failure to deposit the estimated cost shall be deemed a waiver of the request, and in such instance the Director shall not be required to provide a transcript. The notice of hearing shall contain notification of the requirements hereof relating to the preparation of a transcript.
K. Enforcement Decision. Upon completion of the hearing, and upon a finding by the Director that a violation of this chapter or of any permit issued pursuant to this chapter or any other requirement of law has occurred, the Director may issue an order to the user, permittee, or owner of the premises to which the violation pertains, who or which the Director finds responsible for said violation, directing that, following a specified time period, sewerage service shall be discontinued, and/or the permit with respect to which the violation occurred shall be revoked unless (1) adequate treatment facilities, devices or other related appurtenances shall have been installed or used in conjunction with existing treatment facilities, devices or other related appurtenances, or (2) existing treatment facilities, devices or related appurtenances are properly operated, maintained or repaired, or (3) other appropriate remedial action specified by the Director shall have been taken. The Director may issue such other orders and directives as are necessary or appropriate to obtain compliance with the provisions of this chapter, any permit issued pursuant to this chapter or any other requirement of law. (Ord. 1424 § 1 (part), 2010)
13.08.190 Appeals.
A. Right to Appeal. Any user, permittee, applicant or other person aggrieved by any decision, action, finding, determination, order or directive of the Director, made or authorized pursuant to the provisions of this chapter, or any permit issued pursuant to this chapter, or interpreting or implementing the same, may file a written request with the Director for reconsideration thereof within ten days of such decision, action, finding, determination or order, setting forth in detail the facts supporting such user’s or person’s request for reconsideration. The Director shall render a final decision within ten days of the receipt of such request for reconsideration.
B. Appeal to City Council. Any user, permittee, applicant or other person aggrieved by the final determination of the Director may appeal such determination to the City Council within ten days of notification by the Director of his final determination. Written notification of such appeal shall be filed with the City Clerk within ten days after notification of the final determination of the Director, and shall set forth in detail the facts and reasons supporting the appeal.
C. Hearing Procedure. Hearing on the appeal shall be heard by the City Council within thirty days from the date of filing the notice of appeal. The appellant, the Director, and such other persons as the Council may deem appropriate shall be heard at the hearing on such appeal. Upon conclusion of the hearing, the City Council may affirm, reverse or modify the final determination of the Director as the City Council deems just and equitable, and in furtherance of the provisions, purposes and intent of this chapter. During the pendency of any such appeal, the final determination of the Director shall remain in full force and effect. The City Council’s determination on the appeal shall be final. (Ord. 1424 § 1 (part), 2010)
13.08.200 Public nuisance.
Any discharge, or threatened discharge, or any condition which is in any manner in violation of the provisions of this chapter, or of any permit issued pursuant to this chapter, or of any order or directive of the Director authorized by this chapter, shall be and the same is hereby declared to be unlawful and a public nuisance. Such nuisance may be abated, removed or enjoined, and damages assessed therefor, in any manner provided by law. (Ord. 1424 § 1 (part), 2010)
13.08.210 Violations and penalties.
A. Remedies Cumulative. The remedies provided for in this chapter shall be cumulative and not exclusive, and shall be in addition to any or all other remedies available to the City.
B. Penalties.
1. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the City is guilty of a misdemeanor, unless the violation is made an infraction by ordinance.
2. Except in cases where a different punishment is prescribed by any ordinance of the City, any person convicted of a misdemeanor for violation of an ordinance of the City is punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.
3. Any person convicted of an infraction for violation of an ordinance of the City is punishable by:
a. A fine not exceeding one thousand dollars for a first violation;
b. A fine not exceeding five thousand dollars for a second violation of the same ordinance within one year; or
c. A fine not exceeding five thousand dollars for each additional violation of the same ordinance within one year.
4. Each person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and he shall be punishable accordingly.
5. In addition to the penalties set out in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. (Ord. 1424 § 1 (part), 2010)
13.08.220 Civil assessments.
Any user, permittee, or owner of premises or other person who or which violates any requirement of this chapter, or of any permit, directive, or order issued or made pursuant to this chapter requiring pretreatment of any industrial waste which would otherwise be detrimental to the sewerage facilities or their proper and efficient operation and maintenance, the health and safety of the employees of the City or the environment or which requires the prevention of the entry of such waste into the sewerage facilities may be civilly liable pursuant to the provisions of California Government Code Section 54740 or 54740.5. The City Manager is hereby authorized to issue administrative complaints pursuant to Government Code Section 54740.5. (Ord. 1424 § 1 (part), 2010)