Chapter 6-4 SEWAGE DISPOSAL

The purpose of this chapter is to establish uniform requirements for discharges into the sewer system. This chapter enables the City to comply with the Federal Water Pollution Control Act as amended by the Clean Water Act, the water quality requirements set by the State Water Resources Control Board and the Regional Water Quality Control Board - Central Valley Region and the applicable effluent limitations, national standards of performance, toxic and pretreatment effluent standards, and any other discharge criteria which are required or authorized by State or Federal law, and to derive the maximum public benefits by regulating the quality and quantity of discharge into the sewer system.

(895-CS, Enacted, 04/11/1996)

6-4-102 Objectives.

The objective of this chapter is to comply with the Federal Water Pollution Control Act as amended by the Clean Water Act and specifically includes the following:

(a) Prevent interference. To prevent the introduction of pollutants into the sewer system which interfere with the operation of the system, or prevent biosolid beneficial reuse/disposal;

(b) Prevent introduction of inadequately treated pollutants. To prevent the introduction of inadequately treated pollutants into the sewer system which will be discharged into receiving waters or the atmosphere or otherwise be incompatible with the system;

(c) Improve recycling opportunities. To improve opportunities to recycle and reclaim wastewater and biosolids from the system; and

(d) Equitable distribution of costs. To provide for the equitable distribution of the cost of the system.

(895-CS, Enacted, 04/11/1996)

6-4-103 Definitions.

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

“Act” or “the Act” means the Federal Water Pollution Control Act, as amended by the Clean Water Act.

“Account” means the responsible individual or entity to which City services were rendered or provided to or for.

“Annual Fee Billing” is any fee or charge stated in this chapter on an annual or yearly basis may be billed monthly or bi-monthly on a pro-rata basis.

“Biochemical Oxygen Demand” or “BOD” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures, as described in the current edition of Standard Methods for the Examination of Waste and Wastewater.

“Biochemical Oxygen Demand” or “BOD” is the laboratory analysis of a sample from waste water discharge to determine organic strength for billing purposes.

“Biosolids beneficial reuse/disposal” means the processing, disposal, or beneficial reuse of biosolids from the POTW in compliance with the federal statutory provisions and regulations or permits issued thereunder, including, but not limited to, Part 503 of Title 40 of CFR or more stringent state or local regulations.

“Categorical standards” means standards promulgated pursuant to Sections 308(b) and 308(c) of the Act.

“CFR” means the Code of Federal Regulations.

“Chronic violations” means that sixty-six (66%) percent or more of all of the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.

“City” means the City of Turlock.

“City NPDES Permit” means a National Pollution Discharge Elimination System Permit issued to the City by the State Water Resources Control Board, pursuant to the Act, which allows the City to discharge to the waters of the State.

“Connection” means Sewer Connection.

“Council” means the City Council of the City.

“Daily Pollutant Loading” means the quantity of pollutants discharged by a user per day.

“Director” means the Director of Municipal Services or other persons as may be designated by the Director to perform the services or make the determinations permitted or required in this chapter.

“Discharge” means any measurable quantity of waste or wastewater released to the sewer system.

“Domestic sewer service” means sewer service provided to users who discharge only domestic Waste.

“Domestic waste” means waste which does not contain industrial waste and which is discharged from a residential dwelling.

“Dwelling unit” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the Uniform Building Code, for not more than one family, or a congregate residence for (10) or less persons.

“Effluent” means the liquid outflow of any facility designed to treat, convey, or retain wastewater.

“ENR Index” means the Engineering News Record Construction Cost Index for the San Francisco area.

“Fixture unit” means any unit of measure representing the sewage load-producing effects on the sewer system of different kinds of plumbing fixtures based upon the trap size required or the rated discharge capacity expressed in gallons per minute.

“Grab sample” means an individual sample collected from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time or strength over a period of time not exceeding fifteen (15) minutes.

“Grease interceptor” means an interceptor of at least 750 gallon capacity to serve one or more fixtures and which shall be remotely located.

“Grease Trap” means a trap designed to retain grease from one to a maximum of four fixtures.

“Hazardous waste” means any waste identified and/or defined as a “Hazardous Waste,” “Extremely Hazardous Waste,” or “Acutely Hazardous Waste” pursuant to any provisions of the California Health and Safety Code, the Resource Conservation and Recovery Act, and any other federal, state, or local regulation, law, or ordinance.

“Indirect discharge” means the introduction of pollutants into the POTW from any non-domestic source regulated under Section 307(b), 307(c), or 307(d) of the Act.

“Industrial user” means a source of indirect discharge.

“Industrial waste” means liquid and/or solid waste other than domestic waste.

“Interceptor” means a device designed and installed to separate and retain deleterious, hazardous, or otherwise undesirable matter from normal wastes and permit normal wastes and permit normal sewage or liquid wastes to discharge into the disposal terminal by gravity.

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

(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its solids processes, use, or disposal; and

(2) Is a cause of violation of any requirement of the City NPDES Permit (including an increase in the magnitude or duration of a violation) or of the prevention of biosolids beneficial reuse or disposal in compliance with the federal, state, or local laws or regulations or permits issued thereunder. A user shall be deemed to have contributed to the POTW’s violation of the City NPDES Permit whenever the user:

(i) discharges a Daily Pollutant Loading in excess of that allowed by federal, state, or local regulations or law or the user’s Waste Discharge Permit, if any;

(ii) Discharges wastewater which substantially differs in nature or constituents from the user’s average discharge; or

(iii) Discharges when the user knows or has reason to know that any of its discharge, alone or in conjunction with a discharge or discharges from other sources, would result in a violation of the City NPDES Permit, increase the magnitude or duration of the City’s violation, or would prevent biosolid beneficial reuse/disposal.

“Lateral” means a sewer lateral.

“Line” means a sewer line.

“Lot” or a “parcel” shall mean a parcel of land consisting of one (1) or more contiguous lots of record in one (1) ownership to which service is provided for any purpose.

“Lowest explosive limit” means the minimum concentration of a combustible gas or vapor in air which will ignite if an ignition source is present.

“Main” means a sewer main.

“Major extension” means a sewer line extension of pipe that is ten (10") inches or greater in diameter, or twenty (20) feet, or more, in length.

“Meter” means a device designed to measure the amount of influent and effluent flow.

“New source” means:

(1) 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 shall be applicable to the source if the standards are thereafter promulgated in accordance with that section, provided that:

(i) The building, structure, facility, or installation is constructed at a site where no other source is located; or

(ii) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(iii) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraph (i), (ii), or (iii), above, but otherwise alters, replaces, or adds to existing process or production equipment.

(3) Construction of a new source has commenced, if the owner or operator has:

(i) Begun, or caused to begin, as part of a continuous on-site construction program:

(aa) Any placement, assembly, or installation of facilities or equipment; or

(ab) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of New Source facilities or equipment; or

(ac) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its subject operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation.

“Oversized sewer line” or “oversized line” means a sewer line in excess of eight (8") inches in diameter.

“Pass-through” means a discharge which exits the POTW in quantities or concentrations which, alone or with discharges from other sources, causes or contributes to a violation or increases the magnitude of a violation of the City NPDES Permit. A user shall be deemed to have contributed to the City POTW Permit violation whenever the User:

(1) Discharges a Daily Pollutant Loading in excess of that allowed by federal, state, or local law or pursuant to the user’s contract, if any, with the POTW;

(2) Discharges wastewater which substantially differs in nature or constituents from the user’s average discharge;

(3) Discharges when the user knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a violation of the City’s POTW Permit; or

(4) Discharges when the user knows or has reason to know that the POTW is violating the final effluent limitations of its permit and the user’s discharge, alone or in conjunction with discharge or discharges from other sources, increases the magnitude or duration of the City POTW Permit.

“Person” means any individual, firm, company, partnership, association, or private, public, or municipal corporation’s responsible corporate officer, the United States of America, the State, all districts and all political subdivisions, governmental agencies, and subdivisions thereof, except the City.

“pH” means the scale of one (1) to fourteen (14) which measures acidity and alkalinity; 7.0 being neutral, 0-7 being acidic, and 7-14 being basic alkaline. It is the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

“Point of Discharge” means the point at which any private sewer joins the public sewer lateral.

“Pollutant” means anything which degrades the quality of the environment. For water pollution this may include any substance, vector or quality, such as heat, that degrades or alters the inherent quality of the water.

“POTW” means the City Publicly Owned Treatment Works.

“Premises” means a parcel or parcels of real estate, or portions thereof, including any improvements thereon, which is determined by the City to be a single user for the purposes of receiving, using, or paying for sewer service.

“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 POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or other means, except as prohibited in Title 40 CFR.

“Pretreatment standard” means any regulation containing pollutant discharge limits promulgated by the USEPA under Sections 307(b) and 307(c) of the Act applicable to industrial users, including the general and specific prohibitions found in Title 40, CFR, Section 403.5 and limits established by the City as set forth in this chapter and any additional pretreatment requirements set forth in any Waste Discharge Permit issued by the City pursuant to this chapter.

“Project” means and includes, but is not limited to, any development of the following types:

(1) A project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any office, apartment, or business unit located thereon;

(2) An estate in real property consisting of an undivided interest-in-common in a portion of a premises, together with a separate interest in space in a building on the premises. A condominium may include, in addition, a separate interest in other portions of the real property;

(3) A corporation which is formed or utilized primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right to occupancy is transferable only concurrently with the transfer of shares of stock in the corporation, with the shares of stock in the corporation held by the Person having the right of occupancy.

“Public nuisance” means anything which is injurious to health or is indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property or which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

“Purchase Capacity Charge” is a one-time Purchase Capacity Charge for the purchase of the capacity as established by this chapter.

“Radioactive materials” means any material containing chemical elements which spontaneously change their atomic structure with the emission of atomic energy.

“Receptor” means an approved plumbing fixture or device of such material, shape, and capacity to adequately receive the discharge from indirect waste pipes, so constructed and located so as to be readily cleaned.

“Restaurant” means any establishment that serves food to customers.

“Reserved capacity” means the capacity in the POTW reserved for a user.

“Reserved Capacity Charge” means a charge imposed on an industrial user for capitalization costs, interest costs, administrative charges, infiltration/inflow costs, and other costs, including replacement costs for the sewer system and capacity in the POTW reserved for the user.

“Sampler” means a device designed to collect a user’s wastewater effluent for characteristic analysis.

“Sand trap” means a trap designed to retain or separate deleterious, hazardous, or otherwise undesirable materials from sand from one to a maximum of four fixtures.

“Sand interceptor” means an interceptor of at least 750 gallon capacity to serve one or more fixtures and which shall be remotely located.

“Sewer system” or “System” means all sewer treatment plants and all other facilities owned and operated by the City for carrying, collecting, treating, and disposing of Sewage or Waste.

“Sewage” means water or a combination of liquid or water containing human Waste conducted away from residences, business buildings, and institutions together with the liquid or water carried waste resulting from a manufacturing process employed in commercial or industrial establishments including, but not limited to, washing, cleaning, or drain water from such processes.

“Sewage sludge” means any solid, semisolid, or liquid decant, subnate, or supersubnate produced by any manufacturing process, utility service, or pretreatment facility operation.

“Sewer Assessment Fee” means a fee, to be paid by a person who connects to a sewer line or develops property, for existing sewer lines which serve the premises at the time the building permits are obtained.

“Sewer connection” means a sewer line conveying waste from a premises to a sewer main or sewer lateral line.

“Sewer lateral” means a sewer line that discharges into a sewer main and/or receives sewage from a sewer connection.

“Sewer line” means a sewer lateral or sewer main and any sewer lines on private property.

“Sewer line construction reimbursement fund” means a fund within the City of Turlock treasury used for reimbursing the cost associated with existing sewer lines.

“Sewer main” means a sewer line ten (10") inches or larger in diameter receiving sewage from one (1) or more sewer laterals or sewer connections.

“Sewer service” means the discharge or authority to discharge into the system.

“Sewer trunk capacity fund” means a fund within the City of Turlock treasury used for extending the sanitary sewer trunk system.

“Significant industrial user” means, except as provided in subsection (3):

(1) All industrial users subject to Categorical Standards under 40 CFR 403.6 and 40 CFR Chapter I, subchapter N; and

(2) Any other industrial user that:

(i) Discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW, excluding domestic, noncontact cooling and boiler blowdown wastewater;

(ii) contributes a process wastestream which makes up five (5%) percent or more of the average dry weather hydraulic or organic capacity of the POTW; or

(iii) is designated by the Director on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any Pretreatment Standards.

(3) Upon a finding that an industrial user who meets the criteria in subsection (2) has no reasonable potential for adversely affecting the POTW’s operation or for violating any Pretreatment Standards, or other pretreatment requirements, the Director may, at any time, on the Director’s own initiative or in response to a petition received from an Industrial User or the POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.

“Slug load discharge” means any discharge at a flow rate or concentration which could violate the discharge standards set forth in this chapter or any discharge of a non-routine, episodic nature including, but not limited to, an accidental spill of a non-customary batch discharge.

“Sludge” means sewage sludge in the process of being treated.

“Standard industrial classification” means a classification of a user based on the Standard Industrial Classification Manual.

“Standby charge” means a fee to be paid by each metered user or the owner of the premises where the meter is located, regardless of whether the sewer service is used, in consideration for having Sewer Service available for use.

“Substantial industrial user” means an industrial customer that produces 25,000 gallons per day or greater of flow into the wastewater system. An industrial customer that produces less than 25,000 gallons per day of flow into the wastewater system may be classified as a substantial industrial user by the Municipal Services Director if the Director finds and declares that the customers flow characteristic so requires.

“SS” means Suspended Solids - laboratory analysis to determine suspended solids in a sample from wastewater discharge used for billing purposes.

“Technical review criteria violations” or “TRC” means thirty-three (33%) percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).

“Total suspended solids” or “TSS” means a measure of water quality as defined in Section 209 of Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation, Washington, D.C.

“Trap” a fitting or device designed and constructed to provide, when properly vented, a liquid seal which will prevent the back passage of air without materially affecting the flow of sewage or waste water.

“Trap size” means the size of the trap measured in inches in diameter.

“USEPA” means the United States Environmental Protection Agency.

“User” means any person who discharges, causes, or permits the discharge of waste into the system.

“Waste” means and includes sewage and any and all other waste substances, water, liquid, or solid, gaseous or radioactive, associated with human habitation, or of human, fowl, 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/or for the purposes of, disposal.

“Waste Discharge Permit” means a document to be obtained from the City prior to connection to or discharge into the sewer system, which gives the user permission to connect to and/or discharge into the sewer system, subject to the conditions in the permit.

“Wastewater” means the liquid portion of waste from dwellings, commercial buildings, industrial facilities, and institutions, which may be present, whether treated or untreated, which is discharged into or permitted to enter the POTW.

“Wastewater treatment facility expansion fund” means a fund within the City of Turlock treasury used for capital facility expenditures associated with the expansion of the Wastewater Treatment Facility.

“Water Quality Control, WQC, capital repair/replacement fund” a fund within the City of Turlock treasury used for major non-expansion projects within the Wastewater Treatment Facility and Sanitary/Storm Sewer Collection System.

“WQC enterprise fund” a fund within the City of Turlock treasury used for the operations and routine maintenance of the Wastewater Treatment Facility and Sewer/Storm Collection System.

(1236-CS, Amended, 11/09/2017; 1018-CS, Amended, 02/12/2004; 895-CS, Enacted, 04/11/1996)

6-4-104 When City may furnish service.

When mains and laterals are in place or are within a reasonable distance from a particular premises as determined by the Director, the City may furnish sewer service to the premises upon the complete installation of the sewer service and payment of the appropriate charges and costs.

(1236-CS, Amended, 11/09/2017; 895-CS, Enacted, 04/11/1996)

6-4-105 Ownership of sewer lines.

All sewer lines on private property shall belong to the property owner, unless stated otherwise in this section. All sewer lines and appurtenant facilities constructed in or under streets, easements, or alleys shall become the property of the City upon the complete installation and final inspection and approval of the lines by the Director.

(1236-CS, Amended, 11/09/2017; 895-CS, Enacted, 04/11/1996)

6-4-106 Easements when lines are on private property.

When a sewer connection is to be constructed across private property to serve more than one (1) premises, such sewer connection shall be approved by the Director prior to construction. Upon completion of the sewer connection, an easement shall be granted to the City. The owner of these premises shall be responsible for obtaining and paying for sewer service when the sewer service is to more than one (1) premises or to more than one (1) structure on the premises.

(1236-CS, Amended, 11/09/2017; 895-CS, Enacted, 04/11/1996)

6-4-107 Maintenance of sewer lines.

The City shall maintain all sewer connections, mains, sewer laterals and appurtenances within City rights-of-way, on public property, or public easements, including cleanouts and manholes. The property owner shall maintain all other sewer connections, lines and appurtenances to or on his/her premises up to the cleanout or customer side manhole.

(1236-CS, Amended, 11/09/2017; 895-CS, Enacted, 04/11/1996)

6-4-108 City non-liability.

The provisions of this chapter shall not be construed to relieve or lessen the responsibility of any person for damage to life or property caused by or relating to the discharge of industrial wastes; nor shall the City, nor any agent of the City, be held liable for performance of duties under this chapter.

(895-CS, Enacted, 04/11/1996)

6-4-109 No mandatory duty of care.

This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or parties within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

(895-CS, Enacted, 04/11/1996)

6-4-110 Alternative Discharge Prohibited.

No person shall discharge or cause or permit to be discharged, directly or indirectly, any waste, as defined in Section 6-4-103 of this article, except through the City sewage system or other City-approved disposal system.

(926-CS, Enacted, 09/25/1997)

Article 2. Connections

6-4-201 Connections.

(a) General. One (1) sewer connection shall be provided to each premises unless otherwise approved by the Director. All on-site and off-site sewer connection lines shall be constructed to City standards.

(b) Separate billings. When separate buildings are constructed on a premises which may be sold separately, a sewer connection shall be provided for each premises capable of being so sold.

(c) Projects. For each project, individual shutoff valves, gate valves, and necessary on-site sewer connections under private ownership shall be provided. The Building Official and/or City Engineer shall test and inspect the sewer mains and laterals within a project.

(d) Septic tank removal. To connect to the City’s sanitary sewer system all sewer waste generated on the premises shall be conveyed through the new sewer service. Once the new service is complete, any on-site septic tanks and leach lines shall be abandoned and destroyed in accordance with applicable regulations.

(e) Standards. All off-site sewer lines within a public utility easement, connections, manholes, plumbing, and appurtenant sewer facilities and the construction and installation thereof shall be constructed or installed at the property owner’s expense and shall be to City standards and approved by the City Engineer prior to commencement of service.

(f) No lot line adjustment, parcel map, or similar instrument shall be approved or recorded until the City has verified that separate City sewer services have been provided to each lot or parcel, except upon approval of the Director, the installation of a separate City sewer service at a vacant lot or premises may be postponed until the issuance of a building permit.

(g) The Building Official shall test and inspect the sewer mains and services on private property unless an agreement is reached with the City Engineer and the Building Official to have the City Engineer test and inspect. The City Engineer shall test and inspect the sewer mains for the general distribution system whenever such mains are within the City right-of-way or public utility easement.

(1236-CS, Amended, 11/09/2017; 895-CS, Enacted, 04/11/1996)

6-4-202 Permission to connect.

No person shall make a connection to the sewer system without first obtaining a sewer permit to do so from the City.

(895-CS, Enacted, 04/11/1996)

6-4-203 Septic tank connections and repairs.

No person shall construct, repair, or replace a septic tank on a premises within three hundred (300') feet of an available sewer lateral, except with permission to do so from the City. In the case of substantial hardship, as determined by the Director, a permit to construct, repair, or replace a septic tank may be issued by the City.

(895-CS, Enacted, 04/11/1996)

6-4-204 Supplying unauthorized sewer service.

No person shall supply sewer service to any premises without City authorization. The City shall have the right, upon five (5) days’ written notice, to disconnect water and sewer service to any premises supplying unauthorized service.

(895-CS, Enacted, 04/11/1996)

6-4-205 Sewer service outside the City limit.

When sewer main or sewer lateral extensions are necessary before sewer service can be provided to a parcel or parcels outside the City limit, the City shall require an agreement with the record owner of the property and the lessee(s), if there is one. Such agreement shall be approved by the City Council and shall provide the basis upon which such extension shall be constructed and financed. Such agreement shall include the property owner’s consent not to oppose the future annexation of the property. Any additional requirements deemed necessary by the Municipal Services Director and/or the Development Services Director or his or her designee may be added to the agreement.

Before sewer service may be provided to a parcel or parcels outside the City limit, the City shall require an agreement with the record owner of the property and the lessee(s), if there is one. Such agreement shall provide the basis on which the sewer service will be provided, including the property owner’s consent not to oppose the future annexation of the property. Any additional requirements deemed necessary by the Municipal Services Director and/or the Development Services Director or his or her designee may be added to the agreement.

(1236-CS, Amended, 11/09/2017; 895-CS, Enacted, 04/11/1996)

6-4-206 Industry and governmental agency contracts.

The provisions of this chapter shall not prohibit the City from entering into contracts with a business, industry, or governmental agency to supply sewer service and all things pertaining to sewer service.

(895-CS, Enacted, 04/11/1996)

6-4-207 Right-of-way dedication required.

Prior to connection to the City’s sanitary sewer system, the property owner shall make any necessary right-of-way dedications or irrevocable offers of dedication, as determined by the City Engineer, for the ultimate street improvements.

(1236-CS, Added, 11/09/2017)

Article 3. Discharges and Pretreatment Standards

6-4-301 Incorporation of Categorical Standards.

All users affected by the Categorical Standards shall comply with the standards as set forth in 40 CFR Chapter I, subchapter N, parts 405-471. However, with regard to those Categorical Standards where the City has adopted limits more stringent than those contained in the Categorical Standards, the specific prohibitions or limits on pollutants or pollutant parameters as developed by the City in accordance with this chapter shall be deemed the applicable pretreatment requirements.

(895-CS, Enacted, 04/11/1996)

6-4-302 Dilution as a substitute for pretreatment standards.

Except when expressly authorized to do so by applicable pretreatment standards or other pretreatment requirements, no industrial user shall increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with a pretreatment standard. The City may limit the total quantity that industrial users may use for dilution to meet applicable pretreatment standards, or in other cases where quantity limitations are appropriate.

(895-CS, Enacted, 04/11/1996)

6-4-303 Prohibited discharges.

(a) Prohibited discharges. No user shall discharge, or cause or permit to be discharged, directly or indirectly into the sewer system:

(1) Any pollutant or wastewater which either alone or by interaction with other substances causes or threatens to cause or is capable of causing:

(i) A hazard to human life or the environment or creates a public nuisance;

(ii) Interference with the operation or performance of the POTW, its sludge processes, use or disposal practices;

(iii) A pass-through;

(iv) The use of a disproportionate share of the system; or

(v) Excessive City collection, storage, disposal or treatment cost.

(2) Any noxious or malodorous liquids, gases, or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or health, or are sufficient to prevent entry into the sewer system for maintenance and repair;

(3) Storm water, ground water, rainwater, street drainage, sub-surface drainage, yard drainage, pond water, or pools with diatomaceous earth filters not having separation tanks;

(4) Any waste or wastewater containing radioactive materials of such half-life or concentration as may exceed limits established by applicable state or federal laws or regulations.

(5) Wastes containing trace elements in excess of:

(i) .05 mg/l arsenic;

(ii) .03 mg/l cadmium;

(iii) 1.0 mg/l copper;

(iv) .2 mg/l lead;

(v) .0024 mg/l mercury;

(vi) .23 mg/l nickel;

(vii) .06 mg/l silver;

(viii) .8 mg/l total chromium;

(ix) 5.0 mg/l zinc;

(6) Waste containing purgeable halocarbons in excess of

(i) .04 mg/l 1,4-dicholorbenzene;

(ii) .3 mg/l chloroform;

(iii) .6 mg/l tetrachloroethylene;

(7) Waste containing purgeable aromatics in excess of;

(i) 62 mg/l toluene;

(ii) 4.2 mg/l benzene;

(8) Waste containing pesticides and PCB’s in excess of 20 mg/l;

(9) Waste containing purgeable organics not previously mentioned in excess of .08 mg/l;

(10) Waste containing tributyltin in excess of .04 mg/l, and cyanide in excess of .2 mg/l;

(11) Waste containing surfactants in excess of 250 mg/l unless as authorized by City issued waste discharge permit.

(12) Any liquids, solids, or gases which by reason of their nature or quantity within the waste stream are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion, cause the waste stream to have a closed cup flashpoint of less than 140 or 60 when tested following the procedures and methods specified in 40 CFR 261.21, or may be injurious in any other way to the POTW or to its operations. At no time shall two (2) successive readings on an explosion hazard meter at the Point of Discharge into the system, or at any point in the system, be more than five (5%) percent nor any single reading more than ten (10%) percent of the lowest explosive limit of the meter;

(13) Solids or viscous substances in amounts which will cause obstruction to the flow in the POTW resulting in Interference;

(14) Any wastewater having a pH less than 5.5, or more than 8.5, or in excess of the limitations specified in any less stringent permit or regulation or wastewater that has any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the City, unless the POTW is specifically designated to accommodate those discharges, or authorized by City issued waste discharge permit.

(15) Any substance which may cause violations of the City NPDES Permit or the receiving water quality standards;

(16) Pollutants with heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case shall the temperature at the POTW exceed 40 C (104 F) or exceed 60.0 C (140 F) at the Point of Discharge;

(17) Any pollutant, including oxygen demanding pollutants (“BOD,” etc.), released in a discharge at a flow rate and/or Pollutant concentration which will cause Interference with the POTW;

(18) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts greater than 100 mg/l or will cause interference or a pass-through;

(19) Oil and grease of animal or vegetable origin in amounts greater than 300 mg/l or will cause interference of a pass-through;

(20) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause health and safety problems for workers;

(21) Any trucked or hauled pollutants, except at discharge points designated by the City;

(22) Any other substance or material which causes, threatens to cause, or is capable of causing the sewer system to be overloaded in capacity or pollutants;

(23) Waste containing in excess of 1.0 mg/l phenolic compounds which cannot be removed by the City’s Wastewater treatment process.

(b) Waste storage and processing. Wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. All floor drains located in process or materials storage areas shall discharge to the user’s pretreatment facility before connecting to the POTW.

(c) Director action to correct. When the Director determines that a user is discharging any of the above-enumerated substances in amounts that cause interference with the operation of the POTW, the Director may, at his or her discretion, take action, as deemed necessary, to correct the interference.

(d) Affirmative defenses. A user shall have an affirmative defense in any action brought against the user alleging a violation of the prohibitions in subsection (a) when the user can demonstrate that:

(1) It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause a pass-through or interference; and

(2) (i) A local limit designed to prevent a pass-through and/or interference was developed in accordance with the requirements of 40 CFR 403.5 for each pollutant in the user’s discharge that caused a pass-through or interference, and the user was in compliance with each local limit directly prior to and during the pass-through or Interference; or

(ii) If a local limit designed to prevent a pass-through and/or interference, as the case may be, has not been developed in accordance with the requirements of 40 CFR 403.5(c) for the pollutant(s) that caused the pass-through or interference, the user’s discharge directly prior to and during the pass-through or interference did not change substantially in nature or constituents from the user’s prior discharge activity when the City was regularly in compliance with the City NPDES Permit requirements and, in the case of interference, applicable requirements for biosolid beneficial reuse/disposal.

(1176-CS, Amended, 12/27/2012; 895-CS, Enacted, 04/11/1996)

6-4-304 Discharges and deposits into maintenance holes and other openings in the sewer system prohibited.

No person shall discharge or throw any substance or material into a maintenance hole or into other openings in the sewer system, unless a written application for such discharge has been filed with the City, the applicable user charges and fees have been paid, and the Director has, in his or her discretion, issued a Waste Discharge Permit or letter authorizing such direct discharges for the purposes and for the substances specified in the Waste Discharge Permit or letter.

(895-CS, Enacted, 04/11/1996)

6-4-305 Discharges from cooling towers prohibited.

No person shall discharge, or cause or permit to be discharged, directly or indirectly into the sewer system, water from cooling towers, evaporative coolers, or air-conditioning units. The provisions of this section shall not apply to facilities installed and in use on June 1, 1976; provided, however, that these facilities shall not be exempt from this section if they are expanded or if they are changed, repaired, or modified, at a cost in excess of twenty-five (25%) percent of the replacement value.

(895-CS, Enacted, 04/11/1996)

6-4-306 Interceptors.

(a) General. Interceptors shall be installed when, in the judgment of the Director, they are necessary for the proper handling of liquid wastes containing grease, flammable wastes, sand, oil, solids, acid or alkaline substances, or other ingredients harmful to the building drainage system, the sewer system, or private sewer facilities. The design, capacity, and installation of all Interceptors shall be approved by the Director.

(b) When required. No person shall discharge, or cause or permit to be discharged, directly or indirectly into the system, water which contains material deleterious to the system, such as sand, oil, and grease, without such water first passing through a required interceptor. Interceptors are required as follows:

(1) Recreational vehicle dump stations shall have a sand and oil interceptor.

(2) Vehicle wash stations shall have a sand and oil interceptor.

(3) Restaurants and other commercial food service facilities that produce grease, cooking oil or other materials in quantities that in the City’s opinion may interfere with the proper functioning of the sewer system, shall be required to install an approved grease interceptor.

(4) The installation of a grease interceptor shall be required for all services which prepare or serve food for consumption by the public, clubs, organizations, social activities, or groups of people, excluding single-family residences.

(5) Floor drains shall have a sand and oil interceptor if the Director so mandates.

(6) When a grease or sand and oil interceptor is required by this section, but was not required at the time of the original occupancy, the interceptor shall be required at the time of a change of the occupant, occupancy, tenant, owner, or use.

(c) Surcharge for noncompliance. Users not in compliance with this section shall be required to pay a surcharge of one hundred (100%) percent in addition to the regular charge for sewer service. This surcharge shall continue until such time as the user is in compliance with this section or meets the requirements of subsection (d) of this section.

(d) Sample stations. To satisfy the provisions of this section, a user may install a City sample station from which the City shall sample and test the discharge, at the expense of the user. The charge upon a user for discharges to the system shall be set by resolution of the Council and may consider BOD, Total Suspended Solids, and flow. The quantity of flow shall be determined by the user’s water meter reading.

(895-CS, Enacted, 04/11/1996)

6-4-307 Interference with system.

Interference with the system, or any portion thereof by any person is prohibited.

(895-CS, Enacted, 04/11/1996)

6-4-308 Mitigation measures for potential or actual hazardous waste discharges: Monitoring program: Recovery system.

To prevent the discharge of hazardous waste, a monitoring program, as reflected below, is hereby established. All users who may potentially discharge hazardous waste, as determined by the Director, shall install at the user’s cost, a city-approved sampling station. These sampling stations shall be located within the sewer Line on the owner’s land and shall be placed above the connection to the sewer system. Collection and analysis of samples shall be periodically performed, as needed, as determined by the Director. The owner of the land and/or the user shall be responsible for any costs associated with sample collection and lab analysis.

(895-CS, Enacted, 04/11/1996)

6-4-309 City’s right of revision.

The City reserves the right to establish, by ordinance, more stringent limitations or requirements on discharges to the sewer system if deemed necessary to comply with the objectives in this chapter.

(895-CS, Enacted, 04/11/1996)

Article 4. Fees and Charges

6-4-401 Charges established.

The amount of all fees and charges provided in this chapter, including, but not limited to, charges for monthly sewer service, meters, screens, standby charges, sewer connection fees, reserved capacity charges, lateral and main connection charges, inflow/outflow monitoring and sampling devices, penalties, and reconnection fees shall be established in this chapter. The failure to pay any charge shall constitute a violation of this chapter. All charges shall be paid at the time sewer service is requested and, except as otherwise provided in this chapter, by service date thereafter.

(1274-CS, Amended, 02/13/2020; Ord. 1018-CS, Amended, 02/12/2004; Ord. 895-CS, Enacted, 04/11/1996)

6-4-402 Payment of collection charges.

(a) Billing and payment. Accounts for sewer collection shall be billed by service date in conjunction with billing for water, garbage, rubbish, and organic refuse services and shall be due and payable in the City of Turlock Finance Office by the due date shown on the utility bill.

(b) Nonpayment of collection charges. In the event of nonpayment of the charges for sewer services as provided in this article, the following procedures and penalties shall apply:

(1) If payment for any charges shown on the utility bill are not received by the City of Turlock Finance Office by 5:00 p.m. on the fifth day following the due date (including applicable penalties), the customer’s account shall be charged a delinquency penalty of Twenty-Five and no/100ths ($25.00) Dollars on the sixth day.

(2) Notice. A written notice of delinquency shall be sent by the Finance Office to any customer whose account remains delinquent. The written notice to be mailed or delivered to the customer shall notify him that the service is subject to disconnection and/or delinquent charges will be submitted for collection. Such notice shall contain the information to avoid such action. The City of Turlock shall give notice of the delinquency and impending termination pursuant to Section 10010 of the Public Utilities Code.

(3) If payment of said billing is not received by the City of Turlock Finance Office, or other arrangements are not made by 5:00 p.m. on the fifth day following the due date (including applicable penalties), service may be terminated or submitted for collection; provided, that notice was given pursuant to Section 10010 of the Public Utilities Code and that termination of services for nonpayment of billing shall not occur on any Saturday, Sunday, legal holiday, or at any time during which the business office of the City of Turlock is not open to the public.

(c) Wrongful Termination. Any wrongfully terminated service shall be restored without charge for the restoration of service, and a notation thereof shall be mailed to the customer at the billing address.

(d) Third Party Notification Service for Residential Customers. The City of Turlock shall make available to its residential customers who are sixty-five (65) years of age or older, or who are dependent adults as defined in California Welfare and Institutions Code Section 15610, a third party notification service whereby the City of Turlock shall attempt to notify a person designated by the customer to receive notification when the customer’s account is delinquent and subject to termination. The notification shall include information on what is required to prevent termination of service. The residential customer shall make a request for third party notification on a form provided by the City of Turlock, and shall include a written consent of the designated third party. The third party designation does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service.

(e) Nonpayment of Collection Charges by Previous Residential Tenant.

(1) The City of Turlock shall not seek to recover any charges or penalties for the furnishing of service to or for a residential tenant from any subsequent tenant on account of nonpayment of charges by the previous tenant.

(2) The City of Turlock shall require that service to subsequent tenants be furnished on the account of the landlord or property owner when a nonpayment lien has been imposed on the property.

(1274-CS, Amended, 02/13/2020; 1242-CS, Amended, 07/26/2018; 1176-CS, Amended, 12/27/2012; 1142-CS, Amended, 07/13/2010; 1018-CS, Amended, 02/12/2004, Renumbered to 6-4-404; 895-CS, Enacted, 04/11/1996)

6-4-403 Deposits.

All moneys collected for sewer service shall be deposited into the appropriate Enterprise Fund.

(1018-CS, Amended, 02/12/2004; 895-CS, Enacted, 04/11/1996)

6-4-404 Liens.

Each charge levied by or pursuant to this chapter or any resolution of the Council is hereby made a lien upon the premises which receives the benefit of the sewer service or facility for which the charge was made and the sewer service was provided. The City may take any action authorized by law to enforce the payment of the lien.

(1018-CS, Amended, 02/12/2004, Renumbered to 6-4-406, Renumbered from 6-4-402; 895-CS, Enacted, 04/11/1996)

6-4-405 Connections and installations at owner’s expense.

All on-site and off-site sewer lines, connections, plumbing, and appurtenant facilities, and the construction and installation thereof, shall be constructed or installed at the property owner’s expense and shall meet City standards, and be approved by the City, prior to being provided sewer service.

(1018-CS, Amended, 02/12/2004, Renumbered from 6-4-403; Ord. 980-CS, Amended, 07/01/2002; 895-CS, Enacted, 04/11/1996)

6-4-406 Wastewater volume determination.

When charges and fees are based upon water usage, the total amount of water used from all sources shall be used to determine the charges and fees unless, in the opinion of the Director, significant portions of water received are not discharged into the system. The total amount of water used from public and private sources shall be determined by means of a meter. The City may require the user to install a meter of a type and at a location approved by the City to measure the amount of sewage discharged, if the City believes the user is discharging sewage in excess of the amounts indicated by the water meter.

(1018-CS, Amended, 02/12/2004, Renumbered to 6-4-407, Renumbered from 6-4-404; 8950CS, Enacted, 04/11/1996)

6-4-407 Persons responsible for the payment of sewer services charges.

The person who requested sewer service or that person’s successor-in-interest, or, if no request was made, the owner of record of the premises on the date sewer service was provided to the premises or to any person requesting that the bill be charged to that person, shall be responsible for the payment of sewer service charges. A project, association, corporation, or other governing body shall be responsible for the payment of sewer service charges to the City.

(1018-CS, Amended, 02/12/2004, Renumbered to 6-4-408, Renumbered from 6-4-406; 930-CS, Amended, 02/12/1998; 895-CS, Enacted, 04/11/1996)

6-4-408 Vacant premises.

(a) Sewer service charges shall be paid for vacant or untenanted premises, except buildings under construction, unless and until a notice of vacancy and a request for the discontinuance of sewer service is made at the office of the Finance Department of the City utilizing the affidavit procedure set forth below.

(b) The owner of a vacant single family unit which is or will be vacant for more than sixty (60) days and will, therefore, not utilize sewer services, may suspend the payment obligation for sewer services by signing an affidavit under penalty of perjury that such single family unit is vacant.

(c) Any property owner who exercises the affidavit procedure of Section 6-4-407(b) shall promise and have the responsibility to give notice to the City within five (5) calendar days that a vacancy no longer exists and thereafter shall pay for resumption of such collection services as provided in this article.

(d) Any property owner who fails to give the notice required by Section 6-4-407(c) shall have added to their service bill as a penalty the amount for sewer services from the date reflected in the affidavit and shall pay a fine in the amount of Two Hundred and no/100ths ($200.00) Dollars.

(1018-CS, Added, 02/12/2004, Renumbered from 6-4-407)

Article 5. Wastewater Treatment Facility Capacity Charges

6-4-501 Description of charges.

The Wastewater Treatment Facility Capacity Charge is the fee charged for new construction, additions, remodels, or proposed development for which capacity of the City of Turlock Wastewater Treatment Facility is allocated. These fees are deposited into the City of Turlock Wastewater Treatment Facility Expansion Fund, and are used to pay for future Wastewater Treatment Facility capacity expansions. This is a capital facilities fee fund account which is kept separate from all other City of Turlock funds and is used solely for the purposes specified within this article.

(1018-CS, Added, 02/12/2004, Renumbered to 6-4-1101)

6-4-502 Capacity charges: New construction.

(a) Substantial industrial: Industrial users with intended capacity greater than or equal to 25,000 gallons per day shall be charged the following fees:

Flow

$2,461,000.00

per Million Gallons per Day (MGD)

Biochemical Oxygen Demand

(BOD)

$331.00

per pound per day

Suspended Solids (SS)

$49.00

per pound per day

(b) Commercial and Light Industrial: Commercial and Light Industrial users shall be charged the following fees:

0-25 Fixture Units

$1,355.18

Greater than 25 fixture units

$54.21

for each fixture unit over 25 fixture units in addition to the $1,355.18 base fee.

(c) Residential: Residential users shall be charged the following flat fees based upon the average of thirty-four (34) fixture units per residential dwelling unit:

Per Dwelling Unit

$1,843.09

(d) Hospitals and convalescent homes: Hospitals and convalescent users shall be charged the following fee:

Hospitals and convalescent homes

$361.38

per bed

(e) Restaurants: Restaurant users shall be charged the following fees:

Restaurant with 40 or fewer seating capacity

$3,613.80

Restaurant with greater than 40 seating capacity

$90.34

for each seat over 40 seats in addition to the $3,613.80 base fee

(f) Schools: School users shall be charged the following fees:

Schools

$72.28

per 15 square feet

(1018-CS, Added, 02/12/2004, Renumbered to 6-4-1102)

6-4-503 Capacity charges: Additions and remodels.

(a) Residential: Residential users shall be charged the following fees:

Per additional dwelling unit

$1,843.09

When no additional or new dwelling unit is created but additional fixture units are added

$54.21

for each additional fixture unit, or fraction thereof

(b) Commercial and light industrial: Commercial and light industrial users shall be charged the following:

Commercial and

light industrial users

$54.21

for each additional fixture unit, or fraction thereof

Restaurants

$90.34

for each additional seat

(d) Hospitals and convalescent homes:

Hospitals and convalescent

$361.38

for each additional bed

(e) Schools:

Schools

$72.28

for each fifteen (15) square feet of classroom space added

(f) Industrial 25,000 gallons/day and over:

Flow

$2,461,000.00

per Million Gallons per Day (MGD)

Biochemical Oxygen Demand (BOD)

$331.00

per pound per day

Suspended Solids (SS)

$49.00

per pound per day

(1018-CS, Added, 02/12/2004, Renumbered to 6-4-1103)

6-4-504 Capacity charges: Quarterly adjustment based upon ENR Index.

The Wastewater Treatment Facility Capacity Charges are based upon the Engineering News Record Construction Cost Index for the San Francisco Area (ENR). The charges reflected herein are based on the April 1, 2003 ENR Index of 619.37 and shall be adjusted quarterly based upon the most current ENR Index. A copy of the most current ENR Index shall be on file and maintained by the City of Turlock Municipal Services Department and shall be available for public inspection.

(1018-CS, Added, 02/12/2004, Renumbered to 6-4-1104)

6-4-505 Capacity charges: Penalty provision for industrial user exceeding capacity.

Every industrial user, whether a substantial industrial user or a light industrial user, that discharges sewage in excess of the amounts or capacities specified in such user’s waste discharge permit shall be assessed a penalty. The penalty, to be assessed annually, shall be based on the single largest monthly exceedance of purchased capacity during the fiscal year and shall be levied in an amount equal to ten (10%) percent of the applicable wastewater treatment facility capacity charges for such additional capacity used in addition to any and all other fees, charges, or penalties which may apply. For the purpose of this section, the wastewater treatment capacity charge shall be the industrial rates in effect on the date that the specified exceedance of purchased capacity occurred.

(1144-CS, Amended, 08/24/2010; 1018-CS, Added, 02/12/2004, Renumbered to 6-4-1105)

Article 6. Sanitary Sewer Collection System Charges

6-4-601 Description of charges.

The Sanitary Sewer Collection System Charges are the fees apportioned to each individual user that connects to the City of Turlock sewer collection system. The sewer collection system collects sewage from an individual user’s property and transports that sewage to the Wastewater Treatment Facility for treatment. The Sanitary Sewer Collection System Charges are divided into the following three separate and distinct fee structures: (A) Sewer Connection Fee; (B) Sewer Main Frontage Fee; and (C) Sewer Trunk Capacity Fee. The Sewer Connection fee pays the cost of connection to the collection system and is deposited into the WQC Enterprise Fund. The Sewer Main Frontage Fee reimburses the cost of existing lines and is deposited into the Sewer Line Construction Reimbursement Fund. The Sewer Trunk Capacity Fee pays for extending the sanitary sewer trunk system and is deposited into the Sewer Trunk Capacity Fund.

(1018-CS, Added, 02/12/2004, Renumbered to 6-4-1201)

6-4-602 Sewer Connection Fee.

The Sewer Connection Fee is the fee charged to actually connect an individual residential, commercial, and industrial user to the Sanitary Sewer Collection System. All users shall be charged the Installation Fee as indicated below. All users, upon application for connection, shall make payment to the City of Turlock a certain sum of money, as reflected herein below. This fee is deposited into City of Turlock WQC Enterprise Fund.

(a) Installation fee: Applicant for sewer connection shall pay the following respective amounts based upon service size with the City of Turlock prior to connection to the Sanitary Sewer Collection System:

Service Size	Installation Fee
4" Service	$1,500.00
Larger	By City Estimate

(b) Reconnection penalty due to non-payment of sewer service user rates or violation of Sewer Ordinance:

(1) Any person that is disconnected from the Sanitary Sewer Collection System for failure to pay Sewer Service User Rates or for any violation of the Sewer Ordinance shall be required to pay the actual direct cost of disconnection and reconnection.

(1) The Sewer Connection Fee and Deposit Schedule are based upon the Engineering News Record Construction cost Index for the San Francisco Area (ENR). The charges and deposits reflected therein are based on the October1, 1995 ENR Index of 519.06 and shall be adjusted quarterly based upon the most current ENR Index. A copy of the most current ENR Index shall be on file and maintained by the City of Turlock Municipal Services Department and shall be available for public inspection.

(1018-CS, Added, 02/12/2004, Renumbered to 6-4-1202)

6-4-603 Sewer Main Frontage Fee.

The Sewer Main Frontage Fee is charged for reimbursement of sewer line construction and is charged per foot of street frontage. This fee is deposited into the City of Turlock Sewer Line Construction Reimbursement Fund.

(a) The following Sewer Main Frontage Fees shall be charged. These fees represent the indexed fees based upon the ENR Index as of October 1, 2001 (548.81) reflected below:

Development Type

Sewer Main Frontage Fee

Single Family Dwelling

$1,000.00

$20.00

per foot of street frontage Whichever is Greater

All other Developments

$20.00

per foot of street frontage

plus

$20.00

per foot of property located adjacent to or abutting an alley, court, place, easement or other non-street right-of-way in which there is an existing sewer line at the time of development.

(a) For the purpose of the Sewer Main Frontage Fee, the frontage of corner lots shall be the sum of the two frontages minus 100 feet.

(b) Quarterly adjustment based upon ENR Index:

(1) The Sewer Main Frontage Fees are based upon the Engineering News Record Construction Cost Index for the San Francisco Area (ENR). The charges reflected herein are based on the October 1, 2001 ENR Index of 584.81 and shall be adjusted quarterly based upon the most current ENR Index. A copy of the most current ENR Index shall be on file and maintained by the City of Turlock Municipal Services Department and shall be available for public inspection.

(1018-CS, Added, 02/12/2004, Renumbered to 6-4-1203)

6-4-604 Sewer trunk capacity fee.

The Sewer Trunk Capacity Fees are charged to each user as they connect to the City of Turlock sewer collection system. Charges vary according to number of fixture units. This fee is deposited into the City of Turlock Sewer Trunk Capacity Fund.

(a) The following sewer Trunk Capacity Fees shall be charged:

Residential Dwelling Unit

(based on the average of 34 fixture units)

$126.72

(b) Non residential:

Fixture Unit Number	Charge Per Unit
1 - 15	$5.28 per unit
16-50	$2.64 per unit
Over 50	$1.32 per unit

(1) The sewer Trunk Capacity Fees are based upon the Engineering News Record Construction Cost Index for the San Francisco Area (ENR). The charges reflected herein are based on the October 1, 1995 ENR Index of 519.06 and shall be adjusted quarterly based upon the most current ENR Index. A copy of the most current ENR Index shall be on file and maintained by the City of Turlock Municipal Services Department and shall be available for public inspection.

(1018-CS, Added, 02/12/2004, Renumbered to 6-4-1204)

Article 7. Sewer Service User Rates

6-4-701 Description of rates.

The Sewer Service User Rates are the fees charged monthly to an individual user for actual use of the Sanitary Sewer Collection System and Wastewater Treatment Facility and are paid on an ongoing basis. The rates paid by any one individual shall vary based upon, but not limited to such factors as type of user, metered or non-metered, and number of fixture units. These fees are deposited into (1) the City of Turlock WQC Enterprise Fund for the operations and routine maintenance of the Sanitary Sewer Service Collection System and Wastewater Treatment Facility; and (2) the City of Turlock WQC Capital Repair/Replacement Fund for major non-expansion projects within the Sanitary Sewer Service Collection System and Wastewater Treatment Facility. Additionally, five (5%) percent of total revenues from sewer service user rates shall be deposited into the WQC Capital Repair/Replacement Fund.

(1018-CS, Added, 02/12/2004, Renumbered to 6-4-1301)

6-4-702 Metered users.

(a) Substantial Industrial User. The Sewer Service User Rate charged to a metered substantial industrial user contains the following two (2) components:

(1) A reserve capacity charge, based upon maximum month of the previous year or the capacity declared in the Waste Discharge Permit, whichever is greater, plus;

(2) An actual use charge.

(i) Reserve Capacity Charge:

Flow

$10,261.00

per Million Gallons per Day

(MGD)

Biochemical Oxygen

Demand

(BOD)

$1.20

per pound per day

Suspended Solids

(SS)

$0.70

per pound per day

(ii) Actual Use Charge:

	Effective	Effective	Effective	Effective	Effective	Effective
	1-Jan-08	1-Jan-09	1-Jan-10	1-Jan-11	1-Jan-12	1-Jan-13
Flow per Million Gallons (MG)	$1,340.69	$1,394.32	$1,450.09	$1,493.59	$1,523.46	$1,553.93
Biochemical Oxygen Demand (BOD) (per 1,000 pounds)	$76.53	$79.59	$82.77	$85.25	$86.96	$88.70
Suspended Solids (SS) (per 1,000 pounds)	$152.76	$158.87	$165.23	$170.18	$173.58	$177.05
Administrative Charge (per account, per month)	$7.05	$7.33	$7.63	$7.86	$8.01	$8.17

(b) Commercial and Light Industrial Users. The Sewer Service User Rate charged to a metered commercial or light industrial user shall take preference over a non-metered rate reflected herein below. Whenever possible, all commercial and light industrial accounts on water meters, including but not limited to hospitals, schools, restaurants, and laundromats shall be billed as a metered commercial or light industrial account. Where actual BOD and SS samples cannot be obtained, the City shall use data from the April 1983 Revenue Program Guidelines for Wastewater Agencies, published by the State Water Resources Control Board.

(1) The following Sewer Service User Rates shall be charged to metered commercial and light industrial users:

	Effective	Effective	Effective	Effective	Effective	Effective
	1-Jan-08	1-Jan-09	1-Jan-10	1-Jan-11	1-Jan-12	1-Jan-13
0-150 mg/L of BOD and/or SS (per 1,000 gallons of flow)	$1.96	$2.04	$2.12	$2.18	$2.23	$2.27
Each Additional 100 mg/L BOD over 150 mg/L (per 1,000 gallons flow)	$0.09	$0.09	$0.09	$0.10	$0.10	$0.10
Each Additional 100 mg/L SS over 150 mg/L (per 1,000 gallons flow)	$0.12	$0.12	$0.13	$0.13	$0.13	$0.14
Administrative Charge (per account per month)	$7.05	$7.33	$7.63	$7.86	$8.01	$8.17

(c) City of Ceres and Community Service Districts. The Sewer Service User Rates charged to the City of Ceres and Community Service Districts are based upon the use of effluent meters. A Community Service District is a district formed pursuant to California law for the provision of sewer service to a particular community (e.g., Keyes and Denair).

(1) The following Sewer Service User Rates shall be charged to effluent metered Community Service District users and the City of Ceres:

	Effective	Effective	Effective	Effective	Effective	Effective
	1-Jan-08	1-Jan-09	1-Jan-10	1-Jan-11	1-Jan-12	1-Jan-13
0-150 mg/L of BOD and/or SS (per 1,000 gallons of flow)	$2.26	$2.35	$2.44	$2.52	$2.57	$2.62
Each Additional 100 mg/L BOD over 150 mg/L (per 1,000 gallons flow)	$0.06	$0.07	$0.07	$0.07	$0.07	$0.07
Each Additional 100 mg/L SS over 150 mg/L (per 1,000 gallons flow)	$0.11	$0.11	$0.12	$0.12	$0.12	$0.12
Administrative Charge (per account per month)	$7.05	$7.33	$7.63	$7.86	$8.01	$8.17

(1103-CS, Amended, 12/13/2007; 1018-CS, Added, 02/12/2004, Renumbered to 6-4-1302)

6-4-703 Meters and samplers.

(a) Meter Rental Rates.

(1) When meters are used on user’s water supply to determine sewage usage, the monthly rental charge shall be the amount specified in the water rates resolution then in use, in addition to the charges for sewer usage based on per one thousand (1,000) gallons of water used.

(2) When effluent meters are used to determine sewer usage, the monthly charges shall be in addition to the charges for sewer usage and shall be Fifty and no/100ths ($50.00) Dollars per month.

(b) Inaccurate Meters.

(1) If a water meter is registering inaccurately, the charge for sewer usage shall be the average of the flow for the most recent previous three (3) months prior to an inaccuracy or the flow for the same month in the preceding year, whichever is greater.

(2) If an effluent meter is registering inaccurately, the charge for sewer usage shall be based on the water usage for that period or for the average of the flow for the most recent previous three (3) months prior to an inaccuracy or the flow for the same month in the preceding year, whichever is greater.

(3) For a service with an inaccurate meter, the monthly billing shall be the same as the same month in the prior year, subject to adjustments as necessary to bill in accordance with this article.

(4) If an effluent meter is registering inaccurately due to mechanical or electrical failure or due to an authorized bypass of the flow metering system the industrial customer shall be charged for the sewer discharge based upon the percentage difference of potable water usage to sewer usage. This percentage would be calculated based on the previous twelve (12) month period water-to-sewer usage ratio. Instances not meeting this criteria will be adjusted in accordance with this article.

(1) When automatic samplers are used for the sampling of sewer effluent the monthly charge shall be Fifty and no/100ths ($50.00) Dollars and shall be in addition to other sewer usage charges.

(2) If monitoring equipment is not registering accurately, sewer charges shall be based on composite samples until the monitoring equipment is repaired.

(1103-CS, Amended, 12/13/2007; 1018-CS, Added, 02/12/2004, Renumbered to 6-4-1303)

6-4-704 Non-metered users.

The Sewer Service User Rate charged to non-metered residential, commercial, and light industrial users shall be based upon the number of fixture units, unless otherwise specified. For residential, commercial, and light industrial accounts, the rate shall be charged per individual dwelling unit or business based upon the total number of fixture units regardless of whether several users share a common building or property. An Administrative Charge will be charged for each individual residential dwelling unit. The Administrative Charge is included in with the dwelling user fee for those units having up to sixty (60) fixture units. For those that have greater than sixty (60) fixture units, the Administrative Charge is indicated in the following subsection:

(a) The following Sewer Service User Rate shall be charged to all non-metered residential, commercial and light industrial users, except hospitals, restaurants, and schools. To calculate fixture units refer to Article 8 of this Chapter.

Fixture Units	Monthly Charge
	Effective	Effective	Effective	Effective	Effective	Effective
	1/1/08	1/1/09	1/1/10	1/1/11	1/1/12	1/1/13
1-15	$25.00	$26.00	$27.00	$27.85	$28.40	$28.95
16-20	$31.00	$32.20	$33.50	$34.50	$35.20	$35.90
21-25	$37.10	$38.55	$40.10	$41.30	$42.15	$42.95
26-30	$43.30	$45.00	$46.80	$48.20	$49.20	$50.15
31-35	$49.10	$51.10	$53.10	$54.70	$55.80	$56.90
36-40	$54.90	$57.10	$59.35	$61.15	$62.35	$63.60
41-45	$60.95	$63.35	$65.90	$67.90	$69.25	$70.65
46-50	$66.70	$69.40	$72.15	$74.30	$75.80	$77.35
51-55	$72.90	$75.85	$78.85	$81.25	$82.85	$84.50
56-60	$78.65	$81.80	$85.05	$87.60	$89.35	$91.15
Greater than 60 per 5 fixture units or portion thereof per month (divide total fixture count by 5)	$6.00	$6.25	$6.50	$6.70	$6.80	$6.95
Plus Administrative Charge (per account/dwelling unit per month)	$7.05	$7.35	$7.65	$7.85	$8.00	$8.15

(b) Exceptions to Fixture Unit Schedule. The following non-metered accounts are exceptions to the fixture unit schedule and shall be charged the respective Sewer Service User Rates reflected in Article 7 of Chapter 6-4 TMC.

(1) Hospitals. The Sewer Service User Rate for non-metered hospital users shall be as follows:

	Effective	Effective	Effective	Effective	Effective	Effective
	1/1/08	1/1/09	1/1/10	1/1/11	1/1/12	1/1/13
Hospitals (per bed per month)	$21.52	$22.38	$23.27	$23.97	$24.45	$24.94
Administrative Charge (per account per month)	$7.05	$7.33	$7.63	$7.86	$8.01	$8.17

(2) Restaurants. The Sewer Service User Rate for non-metered restaurant users shall be as follows:

	Effective	Effective	Effective	Effective	Effective	Effective
	1/1/08	1/1/09	1/1/10	1/1/11	1/1/12	1/1/13
Restaurants (per seat per month)	$1.06	$1.10	$1.15	$1.18	$1.20	$1.23
Administrative Charge (per account per month)	$7.05	$7.33	$7.63	$7.86	$8.01	$8.17

(3) Schools. The Sewer Service User Rate for non-metered school users shall be as follows:

	Effective	Effective	Effective	Effective	Effective	Effective
	1/1/08	1/1/09	1/1/10	1/1/11	1/1/12	1/1/13
Schools (per student per month)	$0.59	$0.61	$0.64	$0.66	$0.67	$0.68
Administrative Charge (per account per month)	$7.05	$7.33	$7.63	$7.86	$8.01	$8.17

(1103-CS, Amended, 12/13/2007; 1018-CS, Added, 02/12/2004, Renumbered to 6-4-1304)

6-4-705 Penalty provision for non-installation or maintenance of interceptor.

Pursuant to TMC 6-4-306, individual users may be required to install specified interceptors. Any person that fails to install or properly maintain an approved interceptor shall pay a one hundred (100%) percent surcharge in addition to the applicable Sewer Service User Rate until such time as the user complies with said interceptor requirement.

(1018-CS, Added, 02/12/2004, Renumbered to 6-4-1305)

Article 8. Fixture Unit Definition and Tables

6-4-801 Fixture unit defined.

A fixture unit shall mean a unit of measure representing the sewage load-producing effects on the sewer system of different kinds of plumbing fixtures based upon the trap size required (Table 1 of this section) or the rated discharge capacity expressed in gallons per minute (Table 2 of this section).

(a) Table 1:

Type of Fixture	Trap Size	Fixture Units
Bath Tub	1-1/2"	2
Dental Cuspidor	1-1/2"	1
Drinking Fountain	1-1/4"	1
Dump Stations, Recreational Vehicle	4"	8
Floor Drain	2"	2
Floor Drain	3"	3
Floor Drain	4"	4
Interceptor: Grease, Oil and Solids (Grease Trap)	2"	3
Interceptor: Sand, Auto Wash (sand trap)	3"	6
Interceptor: Sand, Auto Wash (sand trap)	4"	8
Laundry Tub or Clothes Washer (Residential)	1-1/2"	2
Laundry Tub or Clothes Washer (Self-service Laundry)	1-1/2" (per unit)	2 (per unit)
Receptor (Floor sink, refrigerators, coffee urns, water stations)	1-1/2"	1
Receptor (Commercial sinks, dishwashers, air washers)	2"	3
Shower (Single stall)	2"	2
Shower (Gang)	2"	2 (per head)
Sink (Residential Bar)	1-1/2"	1
Sink (Commercial Bar)	1-1/2"	2
Sink (Industrial, commercial, schools, including dishwashers, wash-up locations and wash fountains)	1-1/2"	3
Sink (Flushing rim clinic)	3"	6
Sink or Dishwasher (Residential)	1-1/2"	2
Sink (Service)	2"	3
Trailer Park Trap	3"	6 (per trailer)
Urinal	1-1/2"	2
Urinal Trough	1-1/2"	2 (per 2 feet)
Wash Basin (Residential lavatory)	1-1/4"	1
Wash Basin (Commercial lavatory)	1-1/4"	2
Water Closet (Residential)	3"	6
Water Closet (Commercial)	3"	8

(1) Trap size is measured in inches in diameter.

(2) The trap size and fixture unit rating of each waste receptor and interceptor is only a minimum and shall be based on the total rated discharge capacity of all fixtures, equipment or appliances discharging therein.

(3) A receptor is an approved plumbing fixture or device of such material, shape, and capacity as to adequately receive the discharge from indirect waste pipes, so constructed and located as to be readily cleaned.

(b) If a particular type of fixture is not reflected in Table 1, or a particular trap size is larger than that reflected in Table 1; or greater loading is evident, the fixture unit(s) shall be based upon the rated discharge capacity, expressed in gallons per minute, reflected in Table 2, shown below.

(1) Table 2.

Rated Discharge Capacity (measured in gallons per minute)	Trap Size	Fixture Units
0-7-1/2	1-1/4"	1
8-15	1-1/2"	3
16-30	2"	4
31-50	3"	6
Over 50	---	Determined by Director

(1018-CS, Added, 02/12/2004, Renumbered to 6-4-1401)

Article 9. Testing Methods and Procedures Used to Determine Influent Flow Characteristics

6-4-901 Testing methods and procedures.

(a) Testing methods

(1) Substantial Industrial Users: Biochemical Oxygen Demand (BOD) and Suspended Solids (SS) testing shall be undertaken four (4) times per month during the operating season.

(2) Commercial and Light Industrial Users: Biochemical Oxygen Demand (BOD) and Suspended Solids (SS) testing shall be undertaken at least two (2) times per year.

(b) Testing Procedures

(1) All testing and sampling shall be performed by City personnel in accordance with the methods and procedures established in the Standard Methods for the Examination of Water and Wastewater, jointly prepared and published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation, and/or EPA Methods for Chemical Analysis.

(1018-CS, Added, 02/12/2004)

Article 10. ENR Index

6-4-1001 Calculation formula.

(a) The following calculation formula shall be used to determine the current charge, fee, or rate of a charge, fee or rate that is indexed based upon the ENR Index:

Current Fee =	Current ENR X Base Fee
	Base ENR

(1) Example: The following is provided for convenience:

(i) Assume that the base fee is Three Hundred, Twenty Five and no/100ths ($325.00) Dollars. The March 10, 1992 ENR Index is 491.89. Assume that the ENR Index increases by 1/2 of 1 percent, or 0.005, to 494.34. The current fee, based on the new ENR Index, could be found as follows:

Current Fee = 494.35/491.89	X	$325.00
Current Fee = 1.0050011	X	$325.00
Current Fee = $326.66

(1018-CS, Added, 02/12/2004)

Article 11. Sewer Lines and Reimbursement

6-4-1101 Responsibility.

The City Engineer shall be responsible for the location, size, and design approval of sewer lines and appurtenances, and shall supervise and inspect construction and installation. The City Engineer shall supervise and inspect the construction and installation of sewer lines involved in any project designed and put out for bid by the Engineering Division of the City.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-501; 895-CS, Enacted, 04/11/1996)

6-4-1102 Construction of sewer lines.

The owner of a premises, at the option of the City, shall construct or pay the cost of constructing sewer lines and appurtenances to serve the owner’s property, regardless of sewer line size. The owner of the premises, at the option of the City, shall also construct or pay the cost of constructing sewer lines and appurtenances to connect or tie in with the existing or proposed sewer lines of the City sewer system adjacent to the owner’s premises, regardless of distances or sewer line size.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-502; 895-CS, Enacted, 04/11/1996)

6-4-1103 Sewer main frontage fees.

Any person who connects to a sewer line or develops property shall pay a sewer main frontage fee for existing sewer lines which serve the premises at the time the building permits are obtained. The sewer main frontage fee shall be established by resolution of the Council and shall be adjusted from time to time to reflect current construction costs.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-503; 895-CS, Enacted, 04/11/1996)

6-4-1104 Sewer construction Fund.

Sewer main frontage fees shall be placed in a separate fund and shall be used solely to construct, or to reimburse the City for constructing sewer lines and appurtenances or to reimburse developers for constructing sewer lines and appurtenances, or for other sewer purposes established by ordinance.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-504; 895-CS, Enacted, 04/11/1996)

6-4-1105 Reimbursement.

The amounts paid to the owner of the premises as reimbursements for the costs of construction of new sewer lines and appurtenances shall be established by written agreement between the owner and the City and shall be based upon the frontage fee established by resolution, as adjusted quarterly in January, April, July and October by the Engineering News Record Index. An owner of a premises shall be reimbursed the actual amount received by the City, which shall be determined in a manner consistent with the written agreement.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-505; 895-CS, Enacted, 04/11/1996)

6-4-1106 Reimbursement formula.

The City shall reimburse a proportionate share of the cost of the construction of regular and oversized sewer lines constructed around the perimeter of a project and for sewer lines extended to a project, at the time of collection, from charges collected from the owners of the land adjacent to the lines who connect to the lines within ten (10) years after the date of the acceptance of these lines by the City.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-506; 895-CS, Enacted, 04/11/1996)

6-4-1107 Reimbursement for City property.

The City shall reimburse a premises owner a proportionate share of the cost of the lines constructed in front of or adjacent to City property, except City water well sites, within the ten (10) year period as agreed by written agreement between the City and the landowner.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-507; 895-CS, Enacted, 04/11/1996)

6-4-1108 Lift stations.

When a lift station is required by the City to serve a premises, the owner, at the option of the City, shall pay the cost or construct, install, make site improvements, and provide the land necessary for the lift station.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-508; 895-CS, Enacted, 04/11/1996)

6-4-1109 Major extensions.

Major extensions of oversized lines shall have prior Council approval. The Council may approve major extensions with reimbursement or without reimbursement and may enter into a written agreement with the owner of any premises concerning major extensions.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-509; 895-CS, Enacted, 04/11/1996)

6-4-1110 Industrial sewer construction charges.

Industrial users shall pay the costs for the construction or the extension of sewer lines to serve their premises or project.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-510; 895-CS, Enacted, 04/11/1996)

6-4-1111 Reserved capacity charge.

(a) Industrial users. Each industrial user shall pay in addition to the monthly sewer service charge, a reserved capacity charge.

(b) Separate fund. Reserved capacity charges collected shall be placed in a separate fund and shall be distributed as required by federal and state guidelines and City requirements.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-511; 895-CS, Enacted, 04/11/1996)

6-4-1112 Transfer of reserved capacity.

Subject to approval by the City, capacity in the system reserved by a user may be transferred to other locations or users provided the organic, BOD and TSS, and volumetric loadings of the new location or user are substantially the same and provided the transfer will not have a detrimental effect on the City or sewer system because of existing facilities or structures in the City.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-512; 895-CS, Enacted, 04/11/1996)

6-4-1113 Relinquishment of reserved capacity.

Reserved capacity may be relinquished by a user in writing delivered to the City. Until such relinquishment is delivered to the City, reserved capacity charges shall accrue and be paid, except that failure to pay the reserved capacity charges for a total of six (6) months shall be deemed a relinquishment of the reserved capacity.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-513; 895-CS, Enacted, 04/11/1995)

6-4-1114 No property rights.

Nothing in Sections 6-4-511 through 6-4-513 shall be deemed to give to, or create within, any User or owner of any premises, any property right or interest in the capacity reserved for any user.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-514; 895-CS, Enacted, 04/11/1996)

Article 12. Permitting

6-4-1201 Mandatory permits.

The Director may require a user proposing to connect to or discharge into the sewer system to obtain a Waste Discharge Permit before connecting to or discharging into the system.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-601; 895-CS, Enacted, 04/11/1996)

6-4-1202 Waste discharge permit applications.

Persons requiring a Waste Discharge Permit shall complete and file with the Director an application in the form prescribed by the Director and accompanied by the applicable fees. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:

(a) Name, address, and standard industrial classifications. The name, address, and standard industrial classification number of the applicant;

(b) Volume. The volume of wastewater to be discharged;

(d) Time and duration. The time and duration of the discharge;

(e) Flow rates. The average and thirty (30) minute peak Wastewater flow rates, including daily, monthly, and seasonal variations, if any;

(f) Plans. The site plans, floor plans, mechanical and plumbing plans, and details to show all sewer lines and appurtenances by size, location, and elevation;

(g) Description of activities. A description of the activities, facilities, and plant processes on the premises, including all materials, processes, and types of substances which are or could be discharged;

(h) Products produced or processed. Each product produced or processed by type and amount;

(i) Employees: Type of work. The shift schedule and number of employees per hour per shift and the type of work performed on each shift; and

(j) Other information. Any other information as may be deemed by the Director to be necessary or appropriate to evaluate the data furnished by the applicant. After the evaluation and approval of all the data required, the Director may issue a Waste Discharge Permit, subject to the terms and conditions provided in this chapter.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-602; 895-CS, Enacted, 04/11/1996)

6-4-1203 Waste Discharge Permit conditions.

Waste Discharge Permits shall be subject to all provisions of this chapter and all other laws, regulations, charges and fees established by the City.

(a) Contents. Each Waste Discharge Permit shall include the following:

(1) Statement of duration as set forth in Section 6-4-605;

(2) Statement of non-transferability as set forth in Section 6-4-606;

(3) Effluent limits as set forth in this chapter, Categorical Standards, and state and federal law;

(4) Self-monitoring, sampling, reporting, notification and record keeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable pretreatment standards, Categorical Standards, local limits, and state and local law;

(5) The requirements for the submission of various technical reports as required by 40 CFR 403.12(b), including, but not limited to, a baseline report and this chapter;

(6) The requirements for maintaining plant records relating to wastewater discharge as specified by the City and affording City access thereto;

(7) Statement of applicable civil and criminal penalties for violation of any pretreatment standards, Categorical Standards, or other pretreatment requirements, and any applicable compliance schedules. These schedules may not extend the compliance date beyond applicable federal deadlines.

(b) Enforcement of conditions: Other conditions. The conditions of the Waste Discharge Permit shall be uniformly enforced by the Director in accordance with this chapter and applicable state and federal regulations, and in addition to the conditions set forth in subsection (a) of this section may include the following:

(1) The average and maximum water constituents and characteristics permitted;

(2) The limits on the rate and time of discharge or the requirements for flow regulations and equalization;

(3) The mean and maximum mass emission rates or other appropriate limits when incompatible pollutants are proposed or present in the user’s waste discharge; and

(4) Other conditions as deemed appropriate by the Director to ensure compliance with federal, state, or local laws or regulations or this chapter.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-603; 895-CS, Enacted, 04/11/1996)

6-4-1204 Notification of changes in processing.

At least ninety (90) days prior to any proposed change in processing or manufacturing which causes or may cause a change in the waste constituents nature or volume of wastewater discharge, a user shall notify the Director of the changes in processing or manufacturing activities and of the dates the proposed activities will commence or end and shall apply for a change in its Waste Discharge Permit conditions.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-604; 895-CS, Enacted, 04/11/1996)

6-4-1205 Duration of Waste Discharge Permits.

Waste Discharge Permits shall be issued for a period of one (1) year. The terms and conditions of the Waste Discharge Permit may be subject to modification and change by the City during the term of the Waste Discharge Permit. The user shall be informed in writing of any proposed changes in the Waste Discharge Permit at least thirty (30) days prior to the effective date of the change. Any changes or new conditions shall include a reasonable time schedule, to be determined by the Director, for compliance.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-605; 895-CS, Enacted, 04/11/1996)

6-4-1206 Transfer of Waste Discharge Permits.

Waste Discharge Permits shall be issued to a specific user for a specific operation and cannot be assigned, sold, or otherwise transferred to a different user, different premises, or a new or changed operation.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-606; 895-CS, Enacted, 04/11/1996)

6-4-1207 Revocation of Waste Discharge Permits.

Any user who violates the conditions of a Waste Discharge Permit, any provisions of this chapter, applicable state or federal law or regulations, or any of the following shall be subject to having the Waste Discharge Permit revoked within five (5) days after written notification from the Director:

(a) Failure to report constituents and characteristics. The failure of a user to factually report the constituents and characteristics of the user’s discharge;

(b) Failure to report changes. The failure of the user to report changes in operations or constituents and characteristics; or

(c) Failure to provide access to premises. The refusal of, or failure to provide, reasonable access to the user’s premises for the purpose of enforcing federal, state, or local law or regulations or this chapter.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-607; 895-CS, Enacted, 04/11/1996)

6-4-1208 Confidential information.

(a) General. All information and data regarding a user obtained from reports, questionnaires, permit applications, permits, monitoring programs, and inspections shall be available to the public or any other governmental agency without restriction, unless the User specifically requests and is able to demonstrate, to the satisfaction of the City, that the information should be considered confidential in that, if released, information, processes, or methods of production entitled to protection as trade secrets of the User would be divulged.

(b) Exceptions. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available to governmental agencies for use in making studies; provided, however, such portions of the report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the Person furnishing the report. Regardless of the exclusions or protections for the user in this section, the City shall disclose to the USEPA all information to which it is entitled pursuant to Section 308 of the Act.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-608; 895-CS, Enacted, 04/11/1996)

Article 13. Administrative Requirements

6-4-1301 Pretreatment.

The City may require the pretreatment of waste to produce effluent which does not exceed the limitations imposed by this chapter or laws or regulations of the state or federal government or other regulatory agencies. Any facilities or equipment which a user utilizes for pretreatment of waste shall be provided and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review and shall be approved by the Director before the construction of the facility. The review and approval of the plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent complying with the provisions of this chapter or the requirements of other regulatory agencies. Any subsequent changes in the pretreatment facilities or methods of operation shall be reported to, and be approved by, the Director prior to such construction or installation.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-701; 895-CS, Enacted, 04/11/1996)

6-4-1302 Protections from accidental or slug load discharges.

(a) Detailed plans. Each industrial user shall provide protection from accidental or slug load discharges of prohibited materials or other substances regulated by this chapter.

(1) In order to prevent accidental or slug load discharges of prohibited materials, facilities shall be provided and maintained at the premises owner’s or industrial user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide protection from any potential problems, including accidental discharges and slug load discharges, shall be submitted to the City for review and shall be approved by the City before construction of the facility. The plans shall outline the user’s discharge practices (including non-routine batch discharges), describe stored chemicals, and contain procedures for immediately notifying the City and preventing adverse impacts from any such discharges.

(2) No industrial user who discharges waste after the effective date of this chapter shall be authorized to introduce pollutants into the sewer system until accidental discharge procedures and slug load discharge plans have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the industrial user’s facility as necessary to meet the requirements of this chapter. In the case of an accidental or slug load discharge, the industrial user shall be responsible for immediately notifying the City of the incident. Notification shall identify the location of the discharge, the type, concentration, and volume of waste, and corrective actions taken and/or anticipated.

(b) Written notice. Within five (5) days following an accidental or slug load discharge, the industrial user shall submit to the Director a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liabilities, including criminal liability, which may be imposed by this chapter or other applicable law.

(c) Notice to employee. A notice shall be posted on the industrial user’s bulletin board or other prominent place advising employees who to call in the event of an accidental or slug load discharge. Employers shall ensure that all employees who may cause or observe such an accidental or slug load discharge are advised of emergency notification procedures.

(d) Sampling.

(1) The City may:

(i) Randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards and other pretreatment requirements.

(ii) Inspect and sample the effluent from each significant industrial user at least once a year.

(iii) Evaluate, at least once every two (2) years, whether each significant industrial user needs a plan to control slug load discharges.

(2) The results of the sampling activities shall be available to the state upon request.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-702; 895-CS, Enacted, 04/11/1996)

6-4-1303 Control screens.

The Director is authorized to install, or order an industrial user to install, at the industrial user’s expense, screening devices on the sewer service at the point of connection with the system in order to prevent any industrial user from discharging industrial waste of a greater size than shall pass through the screening device into the sewer service. The screening device shall have openings equivalent to a maximum of one-eighth (1/8") inch. No person shall remove any screens without authorization by the Director.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-703; 895-CS, Enacted, 04/11/1996)

6-4-1304 Notification of prohibited discharges.

(a) Immediate notification. A user shall notify the City immediately upon accidentally or otherwise discharging prohibited materials or Wastes to enable the City to minimize damages to the Sewer System, the POTW, and/or the receiving waters.

(b) Written statement: Liability. A user shall submit within fifteen (15) days after the date of the discharge, a detailed written statement describing the discharge causes and the measures being taken to prevent future events. Notification shall not relieve the user of liability for any expense, loss, or damage to the sewer system, or POTW, or for any fines imposed on the City in accordance with Section 13350 of the California Water Code; or for violations of Section 5650 of the California Fish and Game Code, as they now exist or may be hereafter amended, or under other laws or regulatory agencies.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-704; 895-CS, Enacted, 04/11/1996)

6-4-1305 Inspections: Samplings: Photographs.

(a) Inspections: Samplings. The City may inspect the facilities of any user to ascertain whether the purposes and objectives of this chapter, and all requirements, are being met. Persons or occupants of premises from which waste or wastewater is discharged shall allow the City ready access, at all reasonable times, to all parts of the premises for the purposes of inspection, sampling, examining records, or performing any of their duties. All sampling conducted pursuant to this chapter shall be performed in accordance with the techniques prescribed in 40 CFR part 136. In the event 40 CFR part 136 does not contain sampling techniques for the pollutant of concern, the sampling shall be performed using validated methods and procedures. The City, the state, and USEPA shall have the right to install devices which are necessary to conduct sampling, inspection, compliance monitoring, and/or metering operations on the industrial user’s property.

(b) Identification prior to entry on premises. When a user requires proper identification and clearance before entry onto its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, City inspectors, the state, and USEPA shall be authorized to enter without delay for the purpose of performing their specific responsibilities.

(c) Photographs. City inspectors may, in the course of their inspection, photograph the premises to memorialize the inspection as it relates to regulation by this chapter or any other local, state, or federal law. Photographs may be taken of any mechanism, apparatus, means or method thought to contribute to or facilitate the suspected violation, including, but not limited to, the waste treatment drains and pipes, monitoring equipment, wastes disposal areas, chemical storage tanks, and/or waste container labels.

(d) Confidentiality: Exceptions. Upon the written requests of the USEPA or State or local governmental agencies charged with regulatory jurisdiction, all photographs taken in accordance with this chapter shall be made available to those agencies, without reservations. The photographs may also, upon written request only, be made available to the public or other nongovernmental agencies unless the industrial user specifically requests and is able to demonstrate, to the satisfaction of the City, that the photographs should be considered confidential in that, if released, they would divulge information, processes, or methods of production entitled to protection as trade secrets of the industrial user. Photographs accepted by the City as confidential shall not be transmitted to any nongovernmental agency or to the general public.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-705; 895-CS, Enacted, 04/11/1996)

6-4-1306 Public participation program: Significant noncompliance.

The City shall develop and implement procedures to ensure compliance with the requirements of a public participation program as set forth in 40 CFR part 25 for the enforcement of pretreatment standards. These procedures shall include provision for public notification at least annually, in the largest daily newspaper published in the City, of industrial users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards or other pretreatment requirements. For the purposes of this provision an industrial user is in significant noncompliance if the industrial user’s violation meets one (1) or more of the following criteria:

(a) Chronic violations. Chronic violations of “wastewater discharge limits,” defined here as those in which sixty-six (66%) percent or more of all of the measurements taken for the same pollutant parameter during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);

(b) Technical review criteria violations. “Technical review criteria (TRC) violations,” defined here as those in which thirty-three (33%) percent or more of all of the measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

(c) Pretreatment effluent limit violation. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the City determines has caused alone, or in combination with other discharges, interference, or pass-through, including endangering the health of City personnel or the general public;

(d) Discharges causing imminent endangerment. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the City’s exercise of its emergency authority under this chapter to halt or prevent such a discharge;

(e) Failure to meet compliance schedule. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule deadline contained in a waste discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(f) Failure to provide reports. Failure to provide, within thirty (30) days after the due date, required reports;

(g) Failure to accurately report. Failure to accurately report noncompliance;

(h) Other violations. Any other violation or group of violations which the Director or the City determines will adversely affect the operation or implementation of the local pretreatment program.

(1090-CS, Amended, 07/26/2007; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-706; 895-CS, Enacted, 04/11/1996)

6-4-1307 Reporting and monitoring.

(a) Reporting requirements.

(1) The Director shall require industrial users to submit periodic monitoring and compliance reports. Such reports may consist of baseline reports, monitoring reports, compliance schedule reports, reports on compliance with categorical deadlines, periodic reports from significant industrial users, and periodic compliance reports from significant noncategorical users, and, at a minimum, shall comply with the reporting requirements set forth in 40 CFR 403.12. Baseline reports include the following:

Within one hundred eighty (180) days after the effective date of the ordinance codified in this section or one hundred eighty (180) days after a permit is issued, whichever is later, industrial users shall be required to submit to the Director a report which contains the information listed in 40 CFR 403.12(b)(1) – (7).

(i) Identifying information. The user shall submit the name and address of the facility including the name of the operator and owners;

(ii) Permits. The user shall submit a list of any environmental control permits held by or for the facility;

(iii) Description of operations. The user shall submit a brief description of the nature, average rate of production, the standard industrial classification of the operation(s), and a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;

(iv) Flow measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

(aa) Regulated process streams; and

(ab) Other streams as necessary to allow use of the combined wastestream.

(v) Measurement of pollutants.

(aa) The user shall identify the pretreatment standards applicable to each regulated process;

(ab) Historical data may be used so long as the data provides information sufficient to determine the need for industrial pretreatment measures; and

(ac) The time, date and place of sampling, and methods of analysis and a certification that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

(vi) Compliance schedule. If additional pretreatment will be required to meet the pretreatment standards; the shortest schedule by which the industrial user will provide such additional pretreatment but in no event later than the compliance date established for the applicable pretreatment standard.

In addition, all users subject to pretreatment standards shall comply with all requirements governing those standards.

(2) All reports and documentation required by this section shall be signed and certified by the appropriate representatives of the industrial user, or other user required to make reports and documentation, as required by 40 CFR 403.6(a)(2)(ii) which shall attest to the integrity of the analytical data submitted. Records of monitoring activities and results shall be maintained for a minimum of three (3) years, or longer in the case of unresolved litigation or when requested to do so by the City or state.

(3) Users shall notify and obtain the approval of the Director prior to releasing any discharge which differs from the terms of the waste discharge permit with regard to the volume or character of pollutants contained in the discharge, including hazardous wastes. In addition, all users shall immediately notify the Director and the appropriate local, state, and federal agencies of any discharge which would be considered a hazardous waste, if disposed of in a different manner. Any verbal notice given to the Director shall be followed by a written report of each incident within fifteen (15) days after the user becomes aware of, or should have become aware of, the discharge. In addition, all users shall promptly notify the Director prior to any substantial change in the volume or character of pollutants in their discharge.

(4) When sampling results of a user indicate a violation, the user shall notify the Director within twenty-four (24) hours of becoming aware of the violation. Within thirty (30) days of discovering the violation, the user shall resample and submit a report of the results of the resampling to the City. Resampling is not required if the City performs monitoring at the user’s facility at least once a month or between the time of the user’s initial sampling and the time when the user receives the results of the initial sampling.

(5) If an industrial user subject to the reporting requirements of this chapter monitors any regulated pollutant at its approved monitoring location more frequently than required by the City, using the procedures prescribed in this chapter, the results of this monitoring shall be included in the report.

(b) Monitoring facilities.

(1) The Director may require, at the user’s expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facilities should normally be situated on the user’s premises, but the Director may, when the Director determines that such a location would be impractical or cause undue hardship to the user, allow the facility to be constructed in the public street or sidewalk area and located so that it may not be obstructed by landscaping or parked vehicles.

(2) There shall be ample room in or near the sampling equipment or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained in a safe and proper operating condition, at the expense of the user.

(3) Whether constructed on public or private property, the sampling and monitoring equipment shall meet City’s requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the City, unless otherwise allowed by the City.

(1090-CS, Amended, 07/26/2007; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-707; 895-CS, Enacted, 04/11/1996)

6-4-1308 Special agreements.

Special agreements and arrangements between the City and any person(s) or agency(ies) may be established when, in the opinion of the City, unusual or extraordinary circumstances compel special terms and conditions. However, in no event shall any such agreement be interpreted so as to authorize the violation or waiver of applicable pretreatment standards.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-708; 895-CS, Enacted, 04/11/1995)

Article 14. Enforcement

6-4-1401 Director responsible for enforcement.

The Director is hereby charged with implementing and enforcing the City’s Enforcement Response Plan and all the provisions of this chapter, as may be amended from time to time by resolution.

(1188-CS, Amended, 12/12/2013; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-801; 895-CS, Enacted, 04/11/1995)

6-4-1402 Suspension of permit.

(a) Immediate. When the Director finds that a violation of this chapter has created conditions which are so aggravated that immediate cessation of operation is necessary, the Director may suspend the Waste Discharge Permit and serve written notice of the suspension on the holder of the Waste Discharge Permit.

(b) Failure to correct objectionable conditions. The Director may also suspend a Waste Discharge Permit if objectionable conditions listed in a notice to correct the objectionable conditions are not corrected within the time stipulated.

(c) Effect of suspension. Any person whose Waste Discharge Permit has been suspended pursuant to this section shall immediately discontinue the discharge of waste, pollutants and effluent and shall not resume the discharge until the Waste Discharge Permit has been reinstated or a new Waste Discharge Permit has been issued.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-802; 895-CS, Enacted, 04/11/1996)

6-4-1403 Refusal, discontinuance, or termination of sewer service.

(a) General. The City may refuse to furnish sewer service and may discontinue or terminate sewer service to any premises where the material discharged from the premises is found by the Director to be detrimental or injurious to the sewer system or to other premises or where the Director finds that negligent or wasteful use of water exists at any premises which adversely affects the sewer system. The City has the right to refuse, disconnect, or terminate sewer service to any premises, if the Director determines the action is necessary, to protect the City against abuse or fraud.

(b) Cease and desist orders: Other causes for refusal, discontinuance, or termination. The Director may issue a cease and desist order to any premises found to be in violation of provisions of this chapter or of their Waste Discharge Permit. The cease and desist order may include a schedule for compliance. In the event of a threatened violation, a cease and desist order may be issued as a preventative action. Further cause for refusal, discontinuance, or termination of sewer service may exist for a violation of any provision of this chapter or delinquency in sewer service payment or a discharge that causes or threatens to cause a condition of contamination, pollution, public nuisance, pass-through or interference as defined in this chapter. Termination of sewer service by the Director shall be accomplished by written notification of termination and the reason(s) for the termination, sent by certified mail, return receipt requested, to the person to whom notice is given.

(c) Immediate termination of sewer service. The Director may terminate sewer service to any premises immediately if the Director determines there is an immediate or imminent public nuisance. In such circumstances, the Director, with the approval of the City, may enter the premises without written notice to do such things and expend such sums as may be necessary to abate the public nuisance. The reasonable value of the work done and the amounts expended shall be charged against the person causing the nuisance, or the owner of the premises in violation.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-803; 895-CS, Enacted, 04/11/1996)

6-4-1404 Damages to facilities.

When a discharge of waste causes an obstruction, damage, or any other impairment to the sewer system and/or POTW, the City may assess a charge against the user, premises owner, and/or person violating the provisions of this chapter for the work required to clean or repair the facility and add the charge to the user’s sewer service charge.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-804; 895-CS, Enacted, 04/11/1996)

6-4-1405 Public nuisance.

The discharge of waste in violation of the provisions of this chapter or of any order issued by the Director is hereby declared a public nuisance and shall be corrected or abated, at the user’s sole expense, as directed by the Director.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-805; 895-CS, Enacted, 04/11/1996)

6-4-1406 Falsifying information.

No person shall knowingly make any false statement, representation, record, report, plan, or other document filed with, or to be filed with or taken by, the City.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-806; 895-CS, Enacted, 04/11/1996)

6-4-1407 Corrections of violations: Collections of costs.

The City may correct any violation of the provisions of this chapter. The cost of the correction, including attorney’s fees, may be added to any sewer service charge payable by the person violating the chapter or the owner of the premises in violation. The City shall have such remedies for the collection of the costs as it has for the collection of sewer service charges.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-807; 895-CS, Enacted, 04/11/1996)

6-4-1408 Injunctions.

The City may petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from the continued violation of the provisions of this chapter.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-808; 895-CS, Enacted, 04/11/1996)

6-4-1409 Civil liability and penalties.

Any person who violates any provision of this chapter or any pretreatment standard or other pretreatment requirements, or the requirements or conditions set forth in a Waste Discharge Permit or who discharges waste which causes pollution or exceeds effluent limitations, pretreatment standards or toxicity standards shall be liable civilly and/or criminally for liabilities imposed by the City. Civil liability shall be not less than One Thousand and no/100ths ($1,000.00) Dollars or more than Ten Thousand and no/100ths ($10,000.00) Dollars for each day in which the violation occurs or continues. The City may petition the Superior Court to enforce and recover such sums. In determining such amount, the City shall consider all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurred, the corrective action, if any, and the fines and penalties imposed on the City by other agencies.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-809; 895-CS, Enacted, 04/11/1996)

6-4-1410 Administrative adjudication: Penalty: Appeal.

(a) Administrative complaint. The City may issue an administrative complaint to any person who violates any requirement adopted or ordered by the City pursuant to this chapter. The administrative complaint shall allege with particularity, the act or failure to act that constitutes the violation, the chapter and section of the Turlock Municipal Code or Waste Discharge Permit provision violated, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty, and shall be served by personal delivery or certified mail on the person subject to the discharge requirements. In addition, the administrative complaint shall inform the person served that a hearing before a hearing officer as designated by the Council shall be conducted within sixty (60) days after the person has been served. Any person entitled to a hearing may waive the right to a hearing, in which case the City shall not conduct a hearing. Persons aggrieved by the provisions of this section may also avail themselves of the administrative adjudication procedures set forth in this and the following sections of this article.

(b) Civil penalties. If after the hearing, if any, it is found that the person affected by an administrative decision has violated reporting or discharge requirements, the hearing officer may assess a civil penalty against person. In determining the amount of the civil penalty, the hearing officer may consider all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any non-compliance, the nature and persistence of the violation, the length of time over which the violation occurred, and corrective action, if any, attempted or taken by the discharger. Penalties imposed pursuant to this section shall be assessed in accordance with California Government Code Section 54740.5.

(c) Lien: Deposit of monies collected. The amount of any civil penalties imposed pursuant to this section which remain delinquent for a period in excess of sixty (60) days may constitute a lien against the real property from which the discharge originated. The lien provided herein shall have no force and effect until recorded with the County Recorder and when recorded shall have the force and effect in priority of a judgment lien and continue for ten (10) years from the time of recording, unless sooner released, and shall be renewable in accordance with the provisions of Sections 683.110 to 683.220, inclusive, of the California Code of Civil Procedure. All monies collected under this section shall be deposited in a special account of the City and shall be made available for the monitoring, treatment, and control of discharges into the City’s sewer system or other mitigation measures.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-810; 895-CS, Enacted, 04/11/1996)

6-4-1411 Submission of time schedule.

When the City finds that a discharge of waste has been taking place in violation of prohibitions or limitations prescribed in this chapter, or wastewater source control requirements, effluent limitations, or pretreatment standards or other pretreatment requirements or the provisions of a Waste Discharge Permit issued pursuant to this chapter, the City may require the user to submit for approval, modifications as it deems necessary, including a detailed time schedule of specific actions which the user shall take in order to prevent or correct the violation(s).

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-811; 895-CS, Enacted, 04/11/1996)

6-4-1412 Approval of administrative decision.

(a) Delegation of review powers: Appeal procedures. The Council delegates the review powers specified in Government Code Section 54740.5 to the Director. Within thirty (30) days of the notice of the hearing officer’s decision, a person may file a written appeal of such decision with the Director. The written appeal shall state with specificity the grounds upon which the appeal is being taken. The review by the Director shall consist solely of a review of the record of the hearing. The Director shall issue a written decision affirming, modifying, or overruling the decision of the administrative hearing officer within thirty (30) days of receiving the written appeal. The decision of the Director shall be final and binding.

(b) Orders settling penalties: Petition for writ of mandate. Unless appealed, orders setting administrative penalties shall become effective and final upon issuance thereof and payment shall be made within thirty (30) days. Copies of these orders shall be served by personal service or by registered mail upon the party served with the administrative complaint and upon other persons who appeared at the hearing and requested a copy. Any person aggrieved by a final order issued by the Director pursuant to this section may obtain review of the order in the Superior Court by filing in the court a petition for writ of mandate within thirty (30) days following the service of a copy of the decision and order issued by the Director. If no aggrieved party petitions for writ of mandate within the time specified above, an order of the Director or hearing officer shall not be subject to review by any court or agency pursuant to Section 54740.6 of the California Government Code.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-812; 895-CS, Enacted, 04/11/1996)

6-4-1413 Criminal liability.

It shall be unlawful for any person to intentionally or negligently fail to comply with or violate any provisions of this chapter or Waste Discharge Permit conditions as set forth in this chapter or any provision of federal or state law which governs discharges.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-813; 895-CS, Enacted, 04/11/1996)

6-4-1414 Recovery of penalties.

The City may, at its option, elect to petition the Superior Court to confirm any order establishing civil penalties and enter judgment in conformity with the order in accordance with the provisions of Section 1285 to 1287.6, inclusive, of the California Code of Civil Procedure.

(1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-814; 895-CS, Enacted, 04/11/1995)