Chapter 3
CITY UTILITIES

Sections:

Article 1. Definitions

6-3.100    Definitions.

Article 2. City Utility Service General Provisions

6-3.201    City utility service reservation.

6-3.202    Findings; authority and intent.

6-3.203    Minimum City utility service.

6-3.204    Authority to inspect.

6-3.205    Damage to City property.

6-3.206    Concealment.

6-3.207    Unlawful actions.

6-3.208    Damage to paved surfaces.

6-3.209    Severability.

6-3.210    Fraud and abuse.

Article 3. Payment and Billing Procedures

6-3.301    Charges.

6-3.302    Exemptions and penalties.

6-3.303    Billing of separate water meters not combined.

6-3.304    Mandatory minimum city utility service charges.

6-3.305    Service activation fee.

6-3.306    Accounts not in good standing.

6-3.307    Request for service transfer.

6-3.308    Commencement of charges.

6-3.309    Payment of bills.

6-3.310    Nonpayment of bills.

6-3.311    Loss of a billing in the mail.

6-3.312    Loss of customer’s payment in the mail.

6-3.313    Pajaro Valley Water Management Agency (PVWMA).

Article 4. Water Service Provisions

6-3.401    Resale of water.

6-3.402    Pressure and supply.

6-3.403    Service detrimental to others.

6-3.404    Unsafe apparatus or other prohibited apparatus.

6-3.405    Service area.

6-3.406    Multiple unit service.

6-3.407    Service eligibility.

6-3.408    Modifications to system.

6-3.409    Application for service installation.

6-3.410    Ownership of installations.

6-3.411    Customer’s water service line.

6-3.412    Single service.

6-3.413    Fire hydrant service.

6-3.414    Use of fire hydrants.

6-3.415    Irrigation through hydrants.

6-3.416    Changes to fire hydrants.

6-3.417    Unmetered service.

6-3.418    Meter installation.

6-3.419    Changes in location or size of meters and service connections.

6-3.420    Loss of water.

6-3.421    Certified water meter testing.

6-3.422    Adjustment of bills for meter error.

6-3.423    Extensions of water system.

6-3.424    Installation of facilities.

6-3.425    Water main extension financing.

6-3.426    Health regulations.

6-3.427    Backflow prevention required.

6-3.428    Discontinuance of service for defective apparatus.

6-3.429    Inspection and testing of backflow prevention devices.

6-3.430    Plumbing changes required.

6-3.431    Customer’s water shut-off valve.

6-3.432    Wasting of water.

6-3.433    Water conservation in development.

6-3.434    Landscape water meters.

6-3.435    Landscape irrigation systems.

6-3.436    Turf restrictions.

6-3.437    Water use in landscaped areas.

6-3.438    Regulation of water wells.

6-3.439    State reporting.

6-3.440    Permits required.

6-3.441    Well inspections.

6-3.442    Well standards.

6-3.443    Additives to the Public Water Supply.

6-3.444    Private Fire Protection Service.

Article 5. Sewer Services

6-3.501    Treatment of waste required.

6-3.502    Sanitary sewer required.

6-3.503    Separate sanitary sewer laterals.

6-3.504    Sanitary sewer lateral and connection permits required.

6-3.505    Sanitary sewer lateral and connection construction requirements.

6-3.506    Old sanitary sewer laterals.

6-3.507    Sanitary sewer laterals too low.

6-3.508    Maintenance of sanitary sewer laterals and private sanitary sewer collection systems; Reimbursement for Regulatory Fines.

6-3.509    Public sanitary sewer main construction in subdivisions.

6-3.510    Easements or right-of-way.

6-3.511    Persons authorized to perform work.

6-3.512    Sanitary sewer construction permits required.

6-3.513    Waste discharge regulations for the use of publicly owned treatment works (POTW).

6-3.514    Preliminary treatment or control of waste.

6-3.515    Protection from accidental discharges.

6-3.516    Administration.

6-3.517    Waste monitoring requirements.

6-3.518    Discharger self-monitoring.

6-3.519    Test procedures.

6-3.520    Confidentiality.

6-3.521    Spills, slug loadings, and operating upsets.

6-3.522    Public participation.

6-3.523    Connection fees.

6-3.524    Storm water connection fees.

6-3.525    Discharge of pollutants into City storm water sewer system.

6-3.526    Illicit discharge and illicit connections.

6-3.527    Reduction of pollutants in storm water.

6-3.528    Implementing best management practices.

6-3.529    Permits.

6-3.530    Watercourse protection.

6-3.531    Notification of spills.

6-3.532    Erosion and sediment control plan requirement.

6-3.533    Stop work orders.

6-3.534    Construction requirements.

6-3.535    Post-construction requirements.

Article 6. Solid Waste and Recycling Services

6-3.601    Containers required.

6-3.602    Level of service.

6-3.603    Ownership and maintenance of containers.

6-3.604    Unacceptable materials.

6-3.605    Shared containers.

6-3.606    Requirements and regulations.

6-3.607    Regulations for recyclables collection service.

6-3.608    Unlawful actions.

6-3.609    Disposal by customer.

6-3.610    Solid waste and recycling enclosures required.

6-3.611    Solid waste and recyclables information.

Article 7. Enforcement and Appeals

6-3.701    Duties of the director.

6-3.702    Appeals to the City Manager.

6-3.703    Enforcement of remedies during appeal proceedings.

6-3.704    Violations deemed a public nuisance.

6-3.705    Administrative enforcement powers.

6-3.706    Notice to clean or abate.

6-3.707    Remedies not exclusive.

6-3.708    Authority to enforce industrial storm water permits.

Article 8. Water Efficient Landscaping Ordinance

6-3.801    Adoption of the Model Water Efficient Landscape Ordinance.

6-3.802    Definitions.

Article 1. Definitions1

6-3.100 Definitions.

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as set forth in this article.

(a)    “Acceptable waste” shall mean any waste which, as determined by the Director, can be collected, treated, or disposed of.

(b)    “Accounts not in good standing” shall mean any customer account that has been closed or shut off for nonpayment of City utility bills.

(c)    “Applicant” shall mean any person, corporation, or public agency applying for City utility service.

(d)    “Authorized or duly authorized representative of the user” shall mean an individual who satisfies the following criteria:

(1)    If the user is a corporation:

(i)    The president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(ii)    The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2)    If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(3)    If the user is a federal, State, or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

(4)    The individuals described in subsections (d)(1) through (3) of this section may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Director.

(e)    “Best Management Practices (BMPs)” shall mean either any schedules of activities, prohibitions of practices, maintenance procedures, or other management practices to prevent or reduce the pollution of the waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

(f)    “Biochemical oxygen demand” or “BOD” shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty (20) degrees centigrade, usually expressed as a concentration (e.g. mg/l).

(g)    “Building” shall mean any structure used for human habitation, business, commerce, industry, recreation, public use, or other similar purposes.

(h)    “Bypass” shall mean the intentional diversion of waste streams from any portion of a user’s treatment facility.

(i)    “Categorical industrial user” or “CIU” shall mean an industrial user subject to a categorical pretreatment standard or categorical standard.

(j)    “Categorical pretreatment standard” or “categorical standard” shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 USC 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

(k)    “Chemical oxygen demand” or “COD” shall mean a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

(l)    “City of Watsonville improvement standards” shall mean any minimum standards for public works and any other improvement construction in the City of Watsonville, adopted by the City Council from time to time and on file in the office of the Director.

(m)    “City utilities” shall mean the provision of recycling, solid waste, sewer, and/or water services.

(n)    “Clean Water Act” shall mean the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., Stat. 816 PL 92-500. Any terms defined in the Clean Water Act, and acts amendatory thereof or supplementary thereto, or defined in the regulations promulgated pursuant to said Act (as may from time to time be amended) and used in this chapter shall have the same meaning as in that statute or those regulations.

(o)    “CFR” shall mean the Code of Federal Regulations.

(p)    “Commercial unit” shall mean any building intended or used for commerce, including subdivisions of these facilities, where occupied by separate businesses.

(q)    Connection Fees.

(1)    “Sanitary sewer connection fees” shall mean any fee due for any discharge of wastewater to the POTW from a new discharger or for the discharge of flow, biochemical oxygen demand (BOD) and suspended solids (SS) from an existing discharger to the extent that the discharge quantity exceeds the discharge allocation of the existing discharger.

(2)    “Water connection fees” shall mean any fee due for new connections to the water system or increases in the water demand from new units connected to existing services.

(3)    “Storm sewer connection fees” shall mean any fees due for any connections to the City storm sewer by developments.

(r)    “Consumption charge” shall mean any charge for any water that passes through a water meter for all purposes except for fire suppression.

(s)    “Container” shall mean any receptacle provided or approved by the City for the storage and handling of solid waste or recyclables.

(t)    “Containerized wastes” shall mean any solid waste placed in any container designed and/or used for the storage of solid waste.

(u)    “Contractor” shall mean any individual, firm, corporation, association, or other entity duly licensed by the State to perform the type of work to be done under permit.

(v)    “Critical water service customer” shall mean any customer, as determined by the Director, for whom a disruption of water service would result in a threat to public health and safety or cause irreparable damage to the customer.

(w)    “Cross connection” shall mean any unprotected connection between any part of the publicly owned treatment works and any source of potential contamination.

(x)    “Customer” shall mean any person, partnership, corporation, association, public agency, or other entity receiving utility services from the City.

(y)    “Date of billing” shall mean the date upon which a bill is mailed or delivered personally to the customer at their last known address.

(z)    “Detrimental” shall mean any substance causing or reasonably expected to cause an adverse impact to the publicly owned treatment works, to the environment, or cause the failure of the publicly owned treatment works to comply with National Pollutant Discharge Elimination System (NPDES) permit requirements, State Air Resources Control Board requirements, or California Integrated Waste Management Board requirements, or that will limit the beneficial use of treated wastewater or wastewater sludge/biosolids by the publicly owned treatment works.

(aa)    “Director” shall mean the Watsonville Director of Public Works and Utilities, or his/her authorized representative.

(bb)    “Discharger” shall mean any building, structure, facility, or installation that discharges wastewater to the publicly owned treatment works.

(cc)    “Existing source” shall mean any source of discharge that is not a new source.

(dd)    “Fire service” shall mean provision of water, up to and including a detector check, for a fire hydrant and/or for an automatic fire protection system.

(ee)    “Food service establishment” shall mean any premises where activities of preparing, serving, or otherwise making food available for consumption such as restaurant, commercial kitchen, caterer, hotel, school, hospital, prison, correctional facility, care institutions, and fraternal organizations.

(ff)    “Grab sample” shall mean a sample that is taken from a wastestream without regard to the flow in the waste stream and over a time not to exceed fifteen (15) minutes.

(gg)    “Grease interceptor” shall mean any structure or device designed for the purpose of removing and preventing fats, oils and grease from entering the sanitary sewer collection system, typically belowground outside and built as two (2) or three (3) chamber-baffled tank.

(hh)    “Grease trap” shall mean any device for separating and retaining waterborne greases and grease complexes prior to the wastewater exiting the device and entering the sanitary sewer collection and treatment system. Such devices are typically compact under-the-sink units near food cleaning preparation areas.

(ii)    “Hazardous waste” shall mean any waste identified as a hazardous waste under federal and/or State laws or regulations.

(jj)    “Illicit discharge” shall mean any discharge to the City storm water sewer system not composed entirely of storm water, except discharges pursuant to a NPDES permit or those charges resulting from firefighting activities.

(kk)    “Indirect discharge or discharge” shall mean the introduction of pollutants into the POTW from any nondomestic source.

(ll)    “Infectious waste” shall mean any waste which may contain pathogens or other disease infected waste, but excluding household waste.

(mm)     “Interference” shall mean a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use, or disposal; and therefore, is a cause of a violation of the City’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

(nn)    “Irrigation runoff” shall mean irrigation water not absorbed by the soil or landscaped area to which it is applied and which flows onto other areas.

(oo)    “Local limit” shall mean specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(l) and (b) in order to protect the POTW from interference and/or pass-through.

(pp)    “Maximum applied water allowance (MAWA)” shall mean the upper limit of water that should be applied annually through an irrigation system for a landscaped area. MAWA for a given landscape is determined by the area climate (eighty (80%) percent evapotranspiration [Eto] is used) and the amount of landscaped area for a development.

(qq)    “Multiple residential” shall mean any parcel of land containing more than one residential unit.

(rr)    “National pretreatment standards” shall mean any regulation containing pollutant discharge limits promulgated by the EPA pursuant to Section 307(b) and (c) of the Clean Water Act, which applies to indirect dischargers. This term includes prohibitive discharge limits established pursuant to 40 CFR Part 403.5 and the industry specific national categorical pretreatment standards.

(ss)    “New source” shall mean:

(1)    Any building, structure, or facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after publication of proposed pretreatment standards under section 307(c) of the Act that will be applicable to such a source if such standards are thereafter promulgated in accordance with that section; provided, that:

(i)    The building, structure, facility or installation is constructed at a site at which 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 subsection (ss)(1)(ii) or (iii) of this section but otherwise alters, replaces, or adds to existing process or production equipment.

(3)     Construction of a new source as defined under this subsection has commenced if the owner or operator has:

(i)     Begun, or caused to begin, as part of a continuous on-site construction program: any placement, assembly, or installation of facilities or equipment; or 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

(ii)     Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its 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 under this subsection.

(tt)    “Noncontact cooling water” shall mean water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

(uu)    “Nonsignificant categorical industrial user” or “NSCIU” shall mean a CIU that meets the following criteria:

(1)    The City may determine that an industrial user subject to categorical pretreatment standards is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than one hundred (100) gallons per day of total categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

(i)    The industrial user, prior to the City’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

(ii)    The industrial user annually submits the certification statement required in 40 CFR 403.12(q), together with any additional information necessary to support the certification statement; and

(iii)    The industrial user never discharges any untreated concentrated wastewater.

(2)    Upon a finding that a user meeting the criteria in subsection (uu)(1) of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

(vv)    “NPDES” shall mean National Pollutant Discharge Elimination System.

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

(xx)    “Permit” shall mean any written authorization required pursuant to the provisions of this chapter or any other provision of this code.

(yy)    “pH” shall mean a measure of acidity or alkalinity of a solution, expressed in standard units.

(zz)    “Pollutant” shall mean a contaminant that is detrimental to the physical, chemical, or biological properties of the environment. The term includes nutrients, sediment, pathogens, toxic metals, carcinogens, oxygen-demanding materials, and all other harmful substances.

(aaa)    “Pretreatment” shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants.

(bbb)     “Pretreatment standard or requirement” shall mean any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act (33 USC 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

(ccc)     “Private sanitary sewer collection system” shall mean a sewer collection system serving four (4) or more units, including but not limited to: apartment complexes, mobile home parks, condominiums, cooperative apartment buildings and commercial centers. It may also be a sewer collection system with a privately owned and maintained sewer lift station.

(ddd)     “Publicly owned treatment works (POTW)” shall mean the publicly owned treatment works, including but not limited to the City of Watsonville’s wastewater treatment plant, sanitary sewer mains, lift stations, and marine outfall.

(eee)    “Publicly owned water works (“POWW”)” shall mean the City of Watsonville’s publicly owned water works and refers to all equipment, buildings, and facilities for the production, treatment and distribution of potable water. This includes, but is not limited to, all pipes, pumps, reservoirs, wells, valves, and meters.

(fff)    “Public sanitary sewer main” shall mean any pipe or conduit, which is owned by the City of Watsonville, intended to carry sewage to the POTW.

(ggg)     “Recyclables” shall mean any materials which can be separated from the waste stream, collected and processed so that they may be used again.

(hhh)     “Residential unit” shall mean any building, mobile home, or portion thereof, which is intended or being used for human habitation and includes provisions for sleeping and cooking or sleeping and sanitation.

(iii)    “Sanitary landfill” shall mean any site where solid waste is disposed using sanitary land filling techniques prescribed by local, State, and federal authorities in the interests of the public health and protection of the environment.

(jjj)    “Sanitary sewer lateral” shall mean that portion of any sanitary sewer beginning at the plumbing or drainage outlet of any building and extending to the POTW.

(kkk)     “Service availability charge” shall mean any periodic fee to compensate for access to City utilities. This fee is in addition to consumption charges for the various City utility services.

(lll)    “Service connection” shall mean the water service line originating from a water main up to and including a meter, a battery of meters, or a private fire service.

(mmm)     “Sewage” shall mean liquid and water carried waste, from residences, businesses, institutions, and industrial facilities.

(nnn)     “Sewer services” shall mean the provision of sanitary sewer, storm water management, or urban run-off control services.

(ooo)     “Significant industrial user” or “SIU” shall mean a discharger who meets the following criteria:

(1)    An industrial user subject to categorical pretreatment standards; or

(2)    An 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 sanitary, 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 treatment plant; or

(iii)    Is designated as such by the City on the basis that it has reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

(ppp)     “Significant noncompliance” or “SNC” shall mean an industrial user is in significant noncompliance with applicable pretreatment requirements if any violation meets one or more of the criteria listed in subsections (ppp)(1) through (8) of this section at any time during the previous twelve (12) months. This enforcement step requires at least annual public notification in the newspaper.

(1)    Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66%) percent or more of all 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);

(2)    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);

(3)    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 POTW determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);

(4)    Any discharge of a pollutant that caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge;

(5)    Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;

(6)    Failure to provide, within forty-five (45) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7)    Failure to accurately report noncompliance;

(8)    Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.

(qqq)     “Sludge” shall mean a semi-liquid sediment, resulting from the accumulation of settleable organic and/or inorganic solids deposited from wastewaters or other fluids.

(rrr)    “Slug load” or “slug discharge” shall mean any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW’s regulations, local limits or permit conditions.

(sss)    “Solid waste” shall mean any discarded waste in any form, excluding recyclables.

(ttt)    “Storm sewer” shall mean any conduit or pipe which is intended to carry storm water discharge.

(uuu)     “Storm water discharge” shall mean any storm water runoff, snowmelt, runoff, or surface runoff and drainage.

(vvv)     “Storm water sewer system” shall mean those facilities within the City by which storm water discharge may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm sewers, which are not part of a POTW.

(www)     “Total suspended solids” or “TSS” shall mean the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

(xxx)     “Unacceptable materials” shall mean any waste material which, as determined by the Director, cannot be disposed of, collected, treated, or recycled.

(yyy)     “User” or “industrial user” shall mean a source of indirect discharge.

(zzz)    “Waste” shall mean any and all waste substances liquid, solid, radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing or whatever nature, including such waste placed in containers of whatever nature prior to, and for the purpose of disposal.

(aaaa)     “Wastewater” shall mean sewage.

(bbbb)     “Water main” shall mean any City-owned potable water distribution pipelines located in streets, highways, public ways, or City utility easements used to serve the general public or a fire district.

(cccc)     “Watercourse” shall mean any river, stream, creek, wetland, slough, waterway, or channel.

(dddd)     “Water well” shall mean any artificial excavation constructed by any method for the purpose of extracting water from the ground.

(eeee)     “Xeriscaping” shall mean any method, as approved by the Director, of water efficient landscaping which utilizes planning, design, soil analysis, efficient irrigation, minimization of turf areas, appropriate plant selection, mulches, or appropriate maintenance to minimize water use.

(§ 1, Ord. 1252-10 (CM), eff. February 11, 2010)

Article 2. City Utility Service General Provisions

6-3.201 City utility service reservation.

In order to promote and protect the public health and safety, the City reserves unto itself the exclusive right to collect, transport, dispose of, or cause to be collected, transported, or disposed of, all solid waste produced or found within the City; to furnish water and sewer services, all in accordance with the provisions of this chapter.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.202 Findings; authority and intent.

(a)    In order to meet the requirements of the California Integrated Waste Management Act of 1989 [Public Resources Code Section 40000, et seq.], including source reduction of the solid waste stream, diversion of solid waste from landfills, and conservation of natural resources, it is necessary to regulate the collection of solid waste generated within the City, and to encourage recycling.

(b)    Public Resources Code Section 40059 authorizes the City to determine all aspects of solid waste materials handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste handling services.

(c)    Public Resources Code Section 49501 provides that the City may reserve unto itself the exclusive right to provide solid waste handling services of any class or type within all or part of the territory of the City.

(d)    In order to conserve water and lessen the impact on limited water resources, it is necessary that the City implement water conservation programs and rate structures that provide incentives to conserve and prevent waste of water.

(e)    It is necessary that the City implement storm water management and urban runoff programs in order to reduce pollutants in storm water discharges to the maximum extent practicable to ensure the health, safety, general welfare of citizens, protect and enhance the water quality of watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.203 Minimum City utility service.

For the protection of public health, safety and welfare, all City utilities are mandatory for all residential units, commercial units, and industrial units located within the City limits. The Director shall determine the appropriate level of service.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.204 Authority to inspect.

Whenever there is reasonable cause, the Director may enter any building or enter upon any property to inspect, enforce or determine compliance with any provision of this chapter. The Director may enter such building or property at all reasonable times. If such building or property is occupied, the Director shall first present proper credentials and request entry. If such building or property is unoccupied, the Director shall first make a reasonable effort to contact the owner or other persons having charge or control of the building or property. The Director shall have the right to install such devices as are necessary to sample, monitor, or meter operations and/or review and copy any and all records relating to the implementation and enforcement of this chapter. Routine or area inspection shall be based upon reasonable selection processes as may be deemed necessary by the Director to carry out the objectives of this chapter.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.205 Damage to City property.

The owner shall be responsible for any damage, to equipment or facilities owned by the City, caused by an act or omission of the owner, customers, tenants, agents, employees, or invitees.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.206 Concealment.

Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.207 Unlawful actions.

It shall be unlawful for any person to negligently or willfully violate any provision of this chapter.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.208 Damage to paved surfaces.

The City is not responsible for damage to paved surfaces resulting from the City providing utility services to any customer.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.209 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter for any reason shall be held to be invalid or unconstitutional, the decision shall not affect the remaining portions of this chapter. The Council hereby declares that it would have passed this chapter and each section, subsection, paragraph, sentence, clause or phrase which is part hereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases are declared to be invalid or unconstitutional.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.210 Fraud and abuse.

The City shall have the right to refuse or to discontinue City utility service to protect itself against fraud or abuse.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

Article 3. Payment and Billing Procedures

6-3.301 Charges.

The Council shall, from time to time, by resolution fix the various rates, charges, and frequency of billing, for the following services. Such rates shall be subject to annual Consumer Price Index (CPI) adjustments, unless a different adjustment is directed by Council resolution. These adjustments shall be made effective at the beginning of the City’s fiscal year:

(a)    Sanitary Sewer Rates;

(b)    Water Rates and Deposits;

(c)    Solid Waste Rates and Deposits;

(d)    Fire Protection Meters and Detector Check Rates;

(e)    Restoration of City Utility Service Charge;

(f)    Service Activation Fee;

(g)    Penalty Fee/Late Charges;

(h)    Water Construction Fees;

(i)    Water Connection Fees;

(j)    Sanitary Sewer Connection Fees;

(k)    Storm Sewer Connection Fees;

(l)    Service Availability Charges.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.302 Exemptions and penalties.

The City shall charge the established rates fixed by Council resolution, except no charge shall be made for water used to extinguish accidental fires.

Unlawful Use of Water. Water used in violation of City regulations shall be paid for by the customer at double the consumption charge established by Council resolution.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.303 Billing of separate water meters not combined.

Each water meter shall be billed separately and the reading of two or more meters shall not be combined. The water service availability charges will apply to each metered service.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.304 Mandatory minimum city utility service charges.

Water service availability charges as well as minimum solid waste and minimum sanitary sewer charges will be charged unless and until the customer satisfactorily closes his/her account with the City and no longer occupies the location where service is provided.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.305 Service activation fee.

Applicants who have not subscribed to City utility service in the last twelve (12) months shall be required to pay a service activation fee.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.306 Accounts not in good standing.

Before City utility service is provided to a property formerly occupied by a customer with an account not in good standing, the City may require:

(a)    That the customer with an account not in good standing pay all its own unpaid obligations due and payable to the City, including fees, interest, penalties, and costs of collection.

(b)    That the new customer make a deposit in an amount established by Council resolution. The deposit may be credited to the customer’s account if service has been continued for twelve (12) months and all bills have been paid without penalty. If the service is discontinued within the first twelve (12) months, the deposit will be refunded less the amount of unpaid bills. No interest will be paid on deposits.

(c)    That the customer account be opened and maintained in good standing by the property owner of the property where the service is provided, rather than the occupant.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1176-04 C-M, eff. June 8, 2004)

6-3.307 Request for service transfer.

A customer shall notify the City at least twenty-four (24) hours before a City utility service is to be canceled or transferred to a new location. Failure to notify the City shall be cause to hold the customer responsible for all charges up to and including the date the City became aware that the customer has vacated the service location.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.308 Commencement of charges.

Charges for City utility services for newly constructed buildings shall commence upon the issuance of an occupancy permit by the City Building Official.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.309 Payment of bills.

Payment terms and schedules may be established by resolution of the Council.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.310 Nonpayment of bills.

If all or part of a City utility bill is not paid when due, any or all of the City utility services may be suspended. Partial payments will be applied proportionately between all unpaid City utility services. If the delinquent amount has not been received by the delinquent date, a final notice shall be mailed at least five (5) days prior to suspension of service. If a customer receives City utility service at more than one location and the bill for service at any or all locations has not been received by the City by the delinquent date, City utility services at any or all of the customer’s locations may be suspended. Upon the discretion of the Director, all unpaid City utility charges may be placed as a lien against the property where the unpaid services were provided.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.311 Loss of a billing in the mail.

The customer must sign and file a statement of non receipt with the Finance Department for any bill not received. The Finance Department will then file a Complaint of Loss (Form 1510) with the local Postmaster. Only after the form has been successfully processed by the local Postmaster may the delinquent penalty fee be refunded or removed.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.312 Loss of customer’s payment in the mail.

Should a customer inform the City that a payment was mailed to the City, but has not been received by the City, the penalty shall be refunded or removed only after the customer provides proof that a Complaint of Loss was filed with the Postmaster at the point of mailing.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.313 Pajaro Valley Water Management Agency (PVWMA).

The City will pass-through to water customers all fees imposed on the City by the PVWMA. These fees will be collected in addition to the monthly consumption rate and will be included on the customer’s regular City utility bill.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

Article 4. Water Service Provisions

6-3.401 Resale of water.

(a)    It is unlawful for any person to resell water at a rate higher than established by resolution of the City Council. Water service may be discontinued upon written notification to the customer of the violation.

(b)    It is unlawful for any person to install or cause to be installed any metering device for the resale of water. Water service may be discontinued if the metering device is not removed within ten (10) days of written notification to the customer of the violation. A metering device may be authorized, upon application, if used only to prorate a water bill among several customers.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.402 Pressure and supply.

The City assumes no responsibility or liability for personal injury or property damage resulting from a lack or inadequate water supply or pressure fluctuations.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.403 Service detrimental to others.

Upon the discretion of the Director, the City may refuse to furnish water and may limit or discontinue service to any customer where the demand is in excess of past average or seasonal use, or where such excessive demands by one customer are, or may be, detrimental to the service furnished to other customers.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.404 Unsafe apparatus or other prohibited apparatus.

The City may refuse to furnish water and may discontinue service to any customer where the plumbing or equipment using water is unsafe, substandard, or not in conformity with the applicable codes of the City. The City does not assume liability for inspecting apparatus on the customer’s property.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.405 Service area.

The City will furnish water service in accordance with the regulations set forth in this Chapter and other applicable provisions of this Code to any property within the City, and to such areas outside the City limits, as the Council may designate.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.406 Multiple unit service.

Multiple residential and/or commercial units, located on the same parcel, may have service through a single master meter. However, new master meters are prohibited whenever it is apparent that each unit could be plumbed independently or sold separately.

(a)    Master Meters. Where master meters are used, the property owner shall be responsible for City utility service bills or charges.

(b)    Additional Units. An additional unit charge will be assessed for each unit served by a meter, including laundry rooms and swimming pools.

(c)    Multiple Classifications. If there is more than one class of service provided by a master meter, service shall be charged at the class with the highest rate.

(d)    Individual water meters are required for restaurants, bakeries, and laundries.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.407 Service eligibility.

Water service will be installed in the City and the water service area outside the City limits only on the following basis:

(a)    Installation of Connections. Water service connections will be installed in the size and at the location requested by the applicant and approved by the Director, when the Director reasonably believes that an adequate supply of water at the proper pressure is available.

(b)    Limitations. Service connections will be made only to property abutting a water main, unless the Director determines that a main extension is not in the best interest of the City.

(c)    Development. Service connections will be installed in new developments prior to the construction of streets, or, in advance of other street improvements.

(d)    Authorization to Install Connections. Only duly authorized employees, agents of the City, or authorized individuals will be permitted to install a service connection to the POWW.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.408 Modifications to system.

All costs of relocating the POWW, requested or necessitated by the applicant, shall be the sole responsibility of the applicant or requesting party.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.409 Application for service installation.

Customers shall sign an application form, pay water connection fees and all other applicable fees and deposits prior to the provision or installation of water services.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.410 Ownership of installations.

All improvements installed to provide water service including but not limited to mains, water services, meters, meter boxes, fire hydrants and fire services up to and including detector checks become the property of the City.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.411 Customer’s water service line.

Under no circumstance shall the City be responsible for any damage to the water service line owned by the customer. The water service line from the building to the meter is the property of the owner and must be maintained in a condition which will readily permit a service renewal, meter repair, or meter replacement without breakage. Water service may be withheld or discontinued where a water shutoff valve does not exist. (See Sec. 6-3.431)

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.412 Single service.

Except as provided in Sec. 6-3.406, no more than one (1) parcel shall be served from each metered connection. The customer shall not permit any water received to be used on any parcel other than that specified in the application for water service.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.413 Fire hydrant service.

No person shall operate a fire hydrant, without first obtaining a hydrant meter issued by the Director and paying the appropriate fees and deposits. The deposit will be refunded upon the return of the hydrant meter in good condition. Application for a hydrant meter shall be made at least twenty-four (24) hours before the service is required. There will be a charge for moving the meter from one location to another. Service shall be subject to service availability and consumption charges.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.414 Use of fire hydrants.

No person(s) other than those authorized by the Director shall operate fire hydrants.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.415 Irrigation through hydrants.

No irrigation use shall be permitted from fire hydrants.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.416 Changes to fire hydrants.

If a fire district or a property owner desires a change in the size, type or location of a fire hydrant, they shall bear all costs of such changes. Any change in location of a fire hydrant must be approved by the Director.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.417 Unmetered service.

It is unlawful for any person to remove a water meter or to take City water from any unmetered source.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.418 Meter installation.

Meters shall be installed by the City at the curb, property line, in City utility easements, or at the locations approved by the Director. The City shall meter all services.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.419 Changes in location or size of meters and service connections.

All costs associated with moving or resizing water service connections shall be paid by the applicant customer.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.420 Loss of water.

No adjustment shall be made for any loss of water from a customer’s water lines beyond the meter coupling without the approval of the Director.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.421 Certified water meter testing.

All water meters placed in service shall meet American Water Works Association (AWWA) water meter standards. Customers may request the City to test the water meter servicing the premises. The City shall require the customer to pay a water meter testing fee. Such fee shall be refunded if the water meter is found to register more than two (2%) percent fast under conditions of normal operation. All water meter testing shall be conducted by a certified laboratory. A written report giving the results of the test shall be available to the customer.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.422 Adjustment of bills for meter error.

(a)    Over or Under-Registering Meters. If under normal operation conditions a meter is found to be registering two (2%) percent fast or more, the City shall refund or credit the customer the amount found to be in error. If a meter is found to be registering two (2%) percent slow, the City shall bill the customer the amount based on the corrected reading, plus a meter testing fee. Such refunds or charges shall be for a period no longer than the last twelve (12) months prior to the testing of the meter.

(b)    Non-Registering Meters. When it is found that a meter is not registering, the customer will be billed upon an estimate of consumption based upon prior use during the same period or under similar circumstances and conditions, as may be reasonably determined by the Director.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.423 Extensions of water system.

Whenever a principal tart of parcel is not contiguous to an existing water main, a water main extension may be required and additional upgrades may be required to serve the parcel adequately. Water main extensions shall extend across the entire frontage of the parcel. All water mains shall be designed in accordance with the Public Improvement Standards and shall require written approval of the Director. Water main extensions installed by the City shall be charged at rates established by resolution of the Council. Water main extensions or special facilities installed outside the City limits shall be constructed in accordance with the terms and conditions as approved by the Council.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.424 Installation of facilities.

(a)    Installation of Water Facilities. All water main extensions and other water facilities shall be installed by the City or by agreement between the applicant and the City in accordance with approved plans and specifications.

(b)    Easements. If an easement is required for construction, access, maintenance, repair, or replacement of any component of the POWW, the applicant shall obtain and have accepted by Council an easement for the construction, access, repair, or replacement of any component of the POWW. The easement width shall be determined by the Director.

(c)    Installations Serving Other Property. Water facilities or equipment installed by the applicant that serve an area other than the property of the applicant may, in the Director’s reasonable discretion, be reimbursed through the City pursuant to a written payback agreement.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.425 Water main extension financing.

When the cost of a water main extension has been paid by a previous applicant, the new customer shall be required to assume the obligation to pay charges as established by the appropriate pay-back agreement, before water service may be provided. This sum shall be reimbursed to the previous applicant in accordance with the terms of the pay-back agreement. In no case shall the reimbursement exceed the standard charge of City-installed water mains within the City limits in effect on the date of the agreement. Reimbursements for applicant-installed mains shall be in effect for a period of ten (10) years after the date of the agreement with the applicant installing the water mains eligible for reimbursement, thereafter no payback will be paid. No reimbursement shall be made on water mains or facilities installed within the boundaries of property owned by the applicant.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.426 Health regulations.

The provisions of Title 17 of the State of California Code of Regulations (as amended) and any applicable Federal laws shall be enforced to prohibit cross connections between the City water main and any potential hazard to that supply.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1176-04 C-M, eff. June 8, 2004)

6-3.427 Backflow prevention required.

Backflow prevention devices shall be installed, at owners expense, in all industrial, commercial, or dedicated irrigation lines, and any other services where the potential for backflow exists. Facilities or activities requiring backflow prevention devices are listed in the City of Watsonville Improvement Standards, as adopted by resolution of the City Council from time to time. The Director shall determine the level of protection and type of device required to the degree of actual or potential hazard present on the premises or plumbing system connected thereto. All critical water service customers are required to have a backflow protected bypass.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1176-04 C-M, eff. June 8, 2004)

6-3.428 Discontinuance of service for defective apparatus.

If any defect is found in a backflow prevention device or if it is found that a cross-connection exists, the City may temporarily discontinue City utility services until the backflow prevention device is repaired or the cross-connection is corrected.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.429 Inspection and testing of backflow prevention devices.

All backflow prevention devices shall be tested by the City or an AWWA certified tester approved by the City on an annual basis. The costs associated with the tests shall be borne by the customer.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.430 Plumbing changes required.

In special circumstances, in order to protect the public health, the Director may require the customer to modify or eliminate certain plumbing or piping connections.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.431 Customer’s water shut-off valve.

(a)    All customers shall install an accessible water shut-off valve on the customer’s water service line, within five (5') feet of the meter.

(b)    Except in an emergency, the operation of the curb stop in the meter box by the customer is prohibited.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.432 Wasting of water.

It is unlawful for any person to use water for any of the following:

(a)    Watering of grass, lawn, ground cover, shrubbery, open ground, crops, trees, including agricultural irrigation, or an indiscriminate running of water or washing with water in a manner or to an extent which allows water to run to waste;

(b)    Permit the loss of water through leaks, breaks, or malfunction within the customer’s plumbing;

(c)    The use of a hose without a quick-acting positive shut-off nozzle;

(d)    Maintenance or operation of any new ornamental fountain which does not recirculate 100 percent of water used;

(e)    Operation of a new car wash that does not use the best available water conservation technology;

(f)    Irrigation of turf, lawns, gardens or ornamental landscaping between 9:00 a.m. and 5:00 p.m., except by drip irrigation or hand watering with a quick-acting shut-off nozzle.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.433 Water conservation in development.

All development shall utilize water conservation, water recycling, and xeriscaping to the maximum extent possible.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.434 Landscape water meters.

Separate landscape water meters shall be required in locations with a combined landscaped area greater than 5,000 square feet.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.435 Landscape irrigation systems.

Irrigation systems shall be designed and maintained to avoid runoff, over-spray, low head drainage or other similar conditions where water flows to waste.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.436 Turf restrictions.

Turf shall not be used in median strips, parking islands, or in areas less than eight (8') feet wide, or on slopes that will result in excess irrigation water runoff. These limitations may be exempted if required for storm water erosion control by the Public Improvement Standards.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.437 Water use in landscaped areas.

Water use, in combined landscaped areas greater than 5,000 square feet, shall be monitored for comparison to the MAWA. Landscaped areas with water use lower than or equal to the MAWA shall be designated as water efficient. Landscaped areas with water use greater than MAWA will require an audit. The Director shall determine the appropriate mitigation measure to reduce water usage so as not to exceed the MAWA. Failure to implement such mitigation measure is a violation of this Code.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.438 Regulation of water wells.

It is the purpose of this section to regulate the construction, repair and reconstruction of water wells, in order to ensure that groundwater will not be polluted or contaminated. Water obtained from wells should be suitable for the purpose used and will not jeopardize the public health, safety, or welfare. Well water shall not be transported or used other than for reasonable beneficial use on the parcel where the well is located. Abandoned wells found to be a public nuisance shall be abated and destroyed.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.439 State reporting.

Nothing contained in this Chapter shall be deemed to release any person from compliance with the provisions of Article 3 of Chapter 10 of Division 7 (Bulletin 74-81 and 74-90) of the Water Code of the State or any successor or amendment thereto.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.440 Permits required.

It shall be unlawful for any person within the City to construct, repair, reconstruct, or abandon any well unless a written permit has first been obtained from the Director as provided in this Chapter and the work conforms to the conditions of such permit and this Chapter. Applicant shall pay a nonrefundable filling fee set by resolution of the Council. A permit shall not be issued if, in the judgment of the Director based upon written findings, the well may jeopardize the public health, safety, or welfare. The construction, reconstruction, repair, and destruction of wells shall be performed only by a contractor with a C-57 State Contractor’s license or equivalent.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.441 Well inspections.

The Director shall inspect the well location before the issuance of a well permit. The person responsible for the construction of a well shall notify the Director forty-eight (48) hours before work commences. The person performing the work shall file a notice of completed work or a copy of the State Department of Water Resources Well Driller’s Report when construction has been completed. The Director shall inspect the completed work to determine compliance with well standards.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.442 Well standards.

Standards for construction, repair, reconstruction, or abandonment of wells shall be as set forth in Chapter 11 of the State Department of Water Resources Bulletin No. 74, “Water Well Standards” (December, 1981) or as subsequently revised or supplemented, which is incorporated in this section with the following modifications:

(a)    Distance to Sewage Leaching Fields. The minimum distance between all wells and subsurface sewage leaching fields or septic tanks shall be 100 feet.

(b)    Distance to Sewer Lines. The minimum distance between all wells and sewer lines or laterals shall be fifty (50') feet.

(c)    Distance to Property Line and Other Wells. No well shall be constructed within fifty (50') feet from the property line or within a 500-foot radial distance from any existing well.

(d)    Well Seals. Well seals shall be a minimum of fifty (50') feet below the surface of the ground.

(e)    Backflow Prevention Device Required. At a location determined by the Director, an approved backflow prevention device shall be installed and maintained by the owner, if the property is also connected to the POWW.

(f)    Reports. The permittee shall forward to the City a copy of the water quality sampling report required by Bulletin No. 74 of the State Department of Water Resources.

(g)    Use of Water. The use of well water shall be for the exclusive use and benefit of the overlying parcel. No person shall be permitted to sell, transport, or export water from the overlying parcel.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.443 Additives to the Public Water Supply.

In order to ensure that the public water of Watsonville is safe to drink, it shall be unlawful and a public nuisance for any person, agent, or any public or private water system, to add any product, substance, or chemical to the public water supply for the purpose of treating or affecting the physical or mental functions of the body of any person, rather than to make water safe or potable, unless the substance meets the following criteria:

(a)    The substance must have been specifically approved by the U.S. Food and Drug Administration for safety and effectiveness with a margin of safety that is protective for all adverse health and cosmetic effects at all ranges of unrestricted consumption.

(b)    The substance, at Maximum Use Levels, must contain no contaminants at concentrations that exceed U.S. Maximum Contaminant Level Goals or California Public Health Goals, whichever is more protective.

(§ 1, Ord. 1151-02 C-M, eff. November 15, 2002)

6-3.444 Private fire protection service.

Private fire protection service will be furnished in conformity with applicable general regulations, and as additionally specified in this section.

(a)    Installation and Charges. The installation of private fire services shall conform to the City of Watsonville Improvement Standards, as adopted by resolution of the City Council from time to time. When private fire services are to be installed by City forces, the applicant shall pay, in advance, all applicable fees. When installed by a contractor, the applicant shall, in advance, obtain a permit from the City and pay all applicable fees.

(b)    Restrictions on Use of Service. There shall be no connections between a fire protection system and any private water distribution system. There shall be no water used through the fire protection service except to extinguish accidental fires or for testing the fire service and appurtenances.

(c)    Pressure and Supply. The City shall not be responsible or liable for personal injury or property damage resulting from a lack of or inadequate water supply or pressure fluctuations.

(d)    Utility Accounts for Dedicated Fire Services. The property owner shall be responsible for City utility service bills or charges for dedicated fire service accounts.

(§ 1, Ord. 1176-04 C-M, eff. June 8, 2004)

Article 5. Sewer Services

6-3.501 Treatment of waste required.

All sewage or other pollutants must be discharged to the POTW.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.502 Sanitary sewer required.

All developed parcels located within 1,000 feet of a public sanitary sewer main shall be connected to the public sanitary sewer main.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.503 Separate sanitary sewer laterals.

Each parcel under separate ownership is required to have a separate sanitary sewer lateral. Upon change of ownership of a parcel sharing a sanitary sewer lateral, the owner of that parcel shall install a separate sanitary sewer lateral.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.504 Sanitary sewer lateral and connection permits required.

No person shall construct a sanitary sewer lateral, or connect to a public sanitary sewer main without first obtaining a written permit from the City and paying all fees and connection charges.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.505 Sanitary sewer lateral and connection construction requirements.

Construction of sanitary sewers laterals shall be in accordance with the requirements of the Public Improvement Standards and this Chapter.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.506 Old sanitary sewer laterals.

An existing sanitary sewer lateral may only be connected to a new or remodeled building when video inspection of the sanitary sewer lateral has shown, to the satisfaction of the Director, that the sanitary sewer lateral meets all requirements of the Public Improvement Standards and this Chapter.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.507 Sanitary sewer laterals too low.

Adequate pumps and backflow prevention devices shall be installed in all developed parcels in which any sanitary sewer lateral is too low to permit gravity flow to the public sanitary sewer main. The installation and maintenance of these devices shall be at owner’s expense. The approval of the Director shall be required for installation of any such pump or backflow prevention device. Such devices shall remain in operation and in good repair as a condition for the provision of City utility service to the parcel. The City will not be responsible for any failure of a backflow prevention device.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.508 Maintenance of sanitary sewer laterals and private sanitary sewer collection systems; Reimbursement for Regulatory Fines.

(a)    Sanitary sewer laterals shall be owned, repaired, maintained, and/or replaced by the owner(s) of each property served, at such owner’s sole expense.

(b)    Overflows from Sanitary Sewer Laterals Serving Single Units. If a property has a sanitary sewer overflow, the property owner shall cause the overflow to stop immediately and have sewer lateral blockages, breaks, and other deficiencies repaired within, ten (10) working days. In addition, should a second overflow occur within a twelve (12) month period, it is required that the sanitary sewer lateral be televised and repaired or replaced and certified in writing, by a licensed plumber, to be in good working order and free of obstructions and/or breaks.

(c)    Overflows from a Private Sanitary Sewer Collection System. If a sanitary sewer overflow occurs, the property owner shall cause the overflow to stop immediately and have sewer lateral blockages, breaks, and other deficiencies permanently repaired by a licensed plumber within five (5) working days. The property owner shall submit a written report to the City describing the cause of the overflow and the remedial actions taken to repair the sanitary sewer collection system. The Director shall evaluate the report and make a determination as to the acceptability of the remedial actions and whether additional remedial actions, including full or partial replacement of the sanitary sewer collection system shall be taken.

(d)    Testing of Sanitary Sewer Laterals. Upon change of ownership and before close of escrow, any property that includes buildings or structures, connected to a sanitary sewer main, constructed more than twenty-five (25) years before the date of sale and has not had its sanitary sewer lateral inspected within the past twenty-five (25) years shall have the sanitary sewer lateral inspected and certified by a licensed plumber to be in good working order and free of obstructions and/or breaks. The Director shall establish or approve testing procedures. The City will not assume responsibility for costs of the testing and/or repairs.

(e)    Reimbursement for Regulatory Fines. The property owner shall be required to make payment to the City and reimbursement for any fines levied against the City by regulatory agencies as the result of failure of a sanitary sewer lateral or private sanitary sewer system.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1176-04 C-M, eff. June 8, 2004)

6-3.509 Public sanitary sewer main construction in subdivisions.

All applicable requirements of this Chapter shall be a condition precedent to the approval of any tentative or the recording of any final subdivision map, including the dedication of easements or rights-of-way for sanitary sewer mains. The Council shall approve the final subdivision map prior to the issuance of permits.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.510 Easements or right-of-way.

If an easement is required for the construction or access to a public sanitary sewer main, any other component of the POTW, or a sanitary sewer lateral, the applicant shall obtain and provide for Council approval an easement for the construction, access, repair, replacement or maintenance of sanitary sewer facilities. The easement width shall be determined by the Director.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.511 Persons authorized to perform work.

Only applicable State licensed contractors shall be authorized to construct public sanitary sewer mains within the City streets and rights-of-way. All terms and conditions of the permit issued by the City to the applicant shall be binding on the contractor.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.512 Sanitary sewer construction permits required.

No person shall construct, extend, uncover, make any connection to, use, alter, or disturb any component of the POTW or sanitary sewer lateral without first obtaining a written permit from the City. Such person shall further give a description of the character of the work proposed to be done and the location, ownership, occupancy, and use of the premises in connection therewith. The Director may require plans, specifications, or drawings and such other information as the Director may deem necessary. If the Director determines that the plans, specifications, drawings, descriptions, or information furnished by the applicant are in compliance with the laws, rules, and regulations of the City, the Director shall direct the issuance of the permit applied for upon the payment of required fees.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.513 Waste discharge regulations for the use of publicly owned treatment works (POTW).

(a)    Prohibitions on Discharge. No person shall discharge, or cause to be discharged, into the POTW any waste which may cause pass-through or interference, have an adverse or harmful effect on the POTW, persons, or public and private property. In addition, any waste which may create a public nuisance, cause the POTW to violate its National Pollutant Discharge Elimination System (NPDES) permit, or otherwise endanger the public or environment shall not be discharged to the POTW. In determining the acceptability of a specific waste, consideration will be given to the chemical constituents, physical characteristics of the waste, and the adequacy of the collection, treatment, and disposal systems available to accept waste. The Director may impose pretreatment standards, referred to as “local limits,” which are more stringent than national pretreatment standards upon individual dischargers, should it be necessary to comply with the provisions of this chapter or any of the aforementioned requirements. Accordingly, the Director shall from time to time revise the local limits and submit the same to the Council for adoption by resolution. Specifically, except as provided in this section, no person shall discharge or cause to be discharged to the POTW any of the following waste:

(1)    Waste in violation of national pretreatment standards. National pretreatment standards shall apply in any instance where they are more stringent than those in this chapter.

(2)    Waste in violation of State regulations.

(3)    Waste in violation of local limits. The Council has adopted the following local limits applicable to all users of the City of Watsonville POTW:

Parameter

Concentration (mg/L)1

Cadmium

2.0 daily maximum concentration

Chromium

2.0 daily maximum concentration

Copper

2.0 daily maximum concentration

Lead

4.0 daily maximum concentration

Nickel

17.0 daily maximum concentration

Zinc

20.0 daily maximum concentration

1.    Total metals concentration.

(4)    Any gasoline, benzene, naphtha, solvent, fuel oil, or liquid, solid, or gas with a closed cup flash point of less than one hundred forty (140) degrees Fahrenheit, that would cause, or tend to cause, flammable or explosive conditions to result in the POTW.

(5)    Any waste containing toxic or poisonous solids, liquids, or gases in such quantities that, alone or in combination with other substances, may create a hazard for persons, animals, or the environment, cause a public nuisance, interfere with the POTW in any way, or cause any hazardous condition to occur in the POTW.

(6)    Any waste having a pH lower than six (6) units or greater than ten (10) units having any corrosive or alkaline characteristic that may cause injuries to persons or may cause damage to buildings, equipment, or other physical facilities of the POTW, or adversely impact the POTW in any way.

(7)    Any solid or viscous substance of such size or in such quantity that it may cause an obstruction to the flow in the POTW or be detrimental to proper operation of the POTW. Such objectionable substances shall include, but are not limited to, asphalt, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metal, glass, non-water-soluble paints, rags, lint, feathers, tar, plastics, wood, whole blood, paunch manure, bones, hair, fleshings, entrails, paper products, either whole or ground.

(8)    Any water added for the purpose of diluting waste which would otherwise exceed applicable concentration limitations.

(9)    Any nonbiodegradable cutting oil, commonly called soluble oil, which forms persistent water emulsions.

(10)    Any substance generating or causing the generation of toxic gases or liquids.

(11)    Heat in amounts which will damage the POTW or inhibit biological activity in wastewater treatment plant processes resulting in interference, but in no case heat in such quantities that the temperature at the wastewater treatment plant headworks exceeds one hundred four (104) degrees Fahrenheit.

(12)    Any waste requiring an excessive quantity of any chemical compound used for disinfection or oxidation purposes.

(13)    Any strongly odorous waste or waste tending to create odors.

(14)    Any waste containing over one hundred (100) micrograms/liter of dissolved sulfides.

(15)    Any waste containing over one hundred (100) milligrams/liter of biodegradable oils and fats, such as lard, tallow, and vegetable oil (polar oil and grease).

(16)    Any waste containing substances that may precipitate, solidify, or become viscous at temperatures between fifty (50) degrees and one hundred (100) degrees Fahrenheit.

(17)    Any waste producing discoloration of POTW effluent which may cause NPDES permit violation.

(18)    Any pollutant released in a discharge at a flow rate and/or pollutant concentration that will cause interference with the POTW.

(19)    Any waste containing detrimental quantities of the following:

(i)    Nonbiodegradable oil, petroleum oil, or refined petroleum products.

(ii)    Cyanide.

(iii)    Suspended or dissolved solids.

(iv)    Decomposable organic content as measured by the five (5) day biochemical oxygen demand test (BOD) or the chemical oxygen demand test (COD).

(v)    Halogenated hydrocarbons, including but not limited to pesticides, herbicides and algaecides.

(vi)    Nutrients.

(vii)    Heavy metals or compounds containing heavy metals, such as (but not limited to) antimony, arsenic, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, silver, thallium, or zinc.

(viii)    Boron.

(ix)    Phenol and phenolic compounds.

(x)    Volatile and semi-volatile organic compounds, including all compounds identified by EPA analytical methods 624 and 625.

(xi)    Surfactant.

(xii)    Chelating agents.

(xiii)    Brine and brine waste.

(b)    Prohibitions on Storm Water and Groundwater. Surface or subsurface drainage resulting from storm water or groundwater, including, but not limited to, street drainage, yard drainage, irrigation runoff, and subsurface drainage, shall not be discharged through direct or indirect connections to a public sanitary sewer main. Any discharger that utilizes or plans to utilize an uncovered exterior drain having a tributary drainage area greater than four hundred (400) square feet shall obtain prior written approval of the Director. The Director shall require such dischargers to submit plans indicating how storm water will be prevented from entering the POTW.

(c)    Prohibition on Unpolluted Water. The Director shall regulate the discharge of unpolluted water to the POTW. Unpolluted water may include, but is not limited to, noncontact cooling water or blow down from cooling towers or evaporative coolers. Such water shall not be discharged, or mixed with wastewater to be discharged, through direct or indirect connections to the POTW. The Director shall approve the discharge of such water on a case-by-case basis only when no reasonable alternative method of disposal is available. If a discharger receives approval for disposal of such water to the POTW, the discharger shall pay the applicable user charges and fees and meet such other conditions as required by this chapter.

(d)    Limitations on Radioactive Waste. No person shall discharge, or cause to be discharged, any radioactive waste to the POTW, except when all of the following are satisfied:

(1)    When the person is authorized to use radioactive materials by the Department of Health Services of the State or other governmental agency empowered to regulate the use of radioactive materials;

(2)    When the waste is discharged in strict conformity with the current Radiation Control Regulations of the State (Title 17 of the California Code of Regulations) and the Atomic Energy Commission regulations and recommendations for safe disposal;

(3)    When the person is in compliance with all the rules and regulations of all other applicable regulatory agencies; and

(4)    When a wastewater discharge permit to discharge such materials has been issued by the Director.

(e)    Limitations on the Use of Garbage Grinders. Waste from garbage grinders shall not be discharged into the POTW except for waste generated in the preparation of food within individual residential units. All garbage grinders shall shred the waste to a degree that all particles will be carried freely under low flow conditions occurring in the POTW. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, or garden refuse.

(f)    Limitations on Swimming Pool Discharges. Swimming pool water shall not be discharged to the POTW except in the manner specified in this subsection. The size of the discharge pipe conveying pool water shall not exceed two (2") inches in diameter. In no case shall the rate of flow to the public sanitary sewer main exceed fifty (50) gallons per minute or cause public sanitary sewer main surcharge. No permanent connection to the POTW shall be permitted, except for the disposal of filter backwash as required by applicable health regulations. Swimming pool water shall not be discharged having a pH value of less than six (6) pH units.

(g)    Limitations on Point of Discharge. No person shall discharge any waste directly into a manhole or other opening to the POTW other than through an approved sanitary sewer lateral, unless the proposed discharger submits prior written application and obtains prior written approval from the Director and pays applicable user charges and fees.

(h)    Mobile Waste Haulers. For the purpose of this chapter a mobile waste hauler is considered a discharger and shall be subject to all provisions applicable to a discharger. Any mobile waste hauler desiring to discharge wastewater at the POTW shall obtain a wastewater discharge permit. The following waste is generally permitted with the approval of the Director:

(1)    Domestic septage.

(2)    Liquid waste generated by commercial, institutional or industrial facilities, that do not contain prohibited materials as listed in subsection (a) of this section.

(3)    Chemical toilet waste, which contain only those chemical toilet additives approved by the Director.

(4)    Truck-transported waste shall be discharged only at the locations, times, and in the manner designated by the Director. The wastewater treatment plant operator retains the right to refuse a permitted mobile waste hauler permission to discharge certain waste should it be necessary, in the judgement of the wastewater treatment plant operator, to protect the POTW, personnel or to ensure compliance with applicable discharge standards.

(5)    Any person operating a facility for the disposal of sanitary waste from holding tanks mounted on house trailers, recreational vehicles, or other similar vehicles shall obtain written approval from the Director and pay all appropriate user chargers and fees. Wastes shall be discharged only at the locations, times, and in the manner designated by the Director.

(i)    Authority to Control New or Increased Contributions. The Director may deny or condition any new or increased contributions of flow, pollutants, or changes in the chemical constituents or physical characteristics of waste discharged to the POTW.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1252-10 (CM), eff. February 11, 2010)

6-3.514 Preliminary treatment or control of waste.

(a)    Purpose of Pretreatment. A treatment system or device shall be required to treat waste prior to discharge to the POTW when it is necessary to restrict, prevent, or to distribute more equally over time the chemical constituents or physical characteristics of waste. All pretreatment facilities shall be provided, operated, maintained and certified at the discharger’s expense.

(b)    Approval of Pretreatment System. No pretreatment system or device shall be installed or operated without the prior written approval of the Director. However, such approval shall not absolve the discharger of the responsibility of complying with the provisions of this Chapter. Should an inspection of a pretreatment system or device by the Director reveal that such system is not installed or operating in conformance with the plans and procedures submitted to and approved by the Director, or is not operating in compliance with the discharge limitations required by this Chapter, the discharger shall make modifications so as to comply with applicable requirements. Such modifications may include, but not be limited to, loading reduction, increased frequency of maintenance, inspection or cleaning, and addition of physical facilities to expand loading capacity. All cost of such modifications shall be borne by the discharger.

(c)    Construction of Sanitary Sewer Line. In special cases, the construction of a separate sanitary sewer line by the discharger may be required to convey certain waste to a specific public sanitary sewer main.

(d)    Certification of Design. All pretreatment systems or wastewater handling systems requiring engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed by the State.

(e)    Mandatory Pretreatment Measures. The following pretreatment measures shall be mandatory for the indicated types of waste:

(1)    Grease Interceptors.

(i)    All waste discharged from food service establishments, industrial, institutional or commercial establishments which contain, or are likely to contain, oil or grease in detrimental amounts shall be passed through a suitable grease interceptor before discharge into a public sanitary sewer main. Establishments which may require grease interceptors shall include, but not be limited to, restaurants, meat packing facilities, catering facilities and commercial, institutional or industrial facilities engaging in the preparation and/or service of food.

(ii)    The grease interceptor shall be of a type and capacity approved by the Director and shall be so located as to be readily accessible for cleaning and inspection. Not withstanding the foregoing, no grease trap shall have a flow rate of less than thirty-five (35) gallons per minute.

(iii)    The interceptor shall be maintained in efficient operating condition by periodic removal of the accumulated oil, grease and solids. The frequency of this cleaning shall be at least weekly for all small interior grease traps. The cleaning frequency of large exterior interceptors shall be determined by the Director on a case-by-case basis. In no case shall the frequency of cleaning be less than every ninety (90) days. The cleaning of exterior interceptors shall be by a licensed commercial grease interceptor pumper, who has been granted a permit by the Director to service interceptors within the City. Whenever an interceptor is cleaned the full volume of water and waste in the interceptor shall be removed. Under no circumstances shall the removed water and waste be reintroduced into an interceptor or any City sanitary sewer.

(iv)    The use of any chemical or biological compounds for the digestion or dissolving of grease is prohibited.

(v)    The use of garbage disposals is prohibited in food service establishments.

(vi)    The connection of a high temperature or high flow dishwasher is prohibited except where a 1,000 gallon-plus interceptor is in use.

(vii)    Whenever an interceptor is cleaned, a copy of approved documentation detailing said cleaning shall be submitted to the Director by no later than thirty (30) days after the date of cleaning.

(2)    Petroleum Separators. All waste which contain, or are likely to contain petroleum, and petroleum products such as oil, grease or any flammable substance, shall be passed through a suitable separator before discharge to a public sanitary sewer main. The separator shall be of a type and capacity approved by the Director and shall be so located as to be readily accessible for cleaning and inspection. Petroleum separators shall be pumped periodically to prevent the pass through of petroleum products. All materials removed from a petroleum separator shall be disposed of in accordance with local, State and Federal law.

(3)    Sand/Lint Separators. All industrial or commercial waste which contain, or are likely to contain, sand or grit and/or lint, shall be passed through a suitable separator before discharge to a public sanitary sewer main. The separator shall be of a type and capacity approved by the Director and shall be so located as to be readily accessible for cleaning and inspection.

(4)    Fine Screens. All waste resulting from the processing of fruits, vegetables, plants, fish, poultry, animals or other agricultural products shall be passed through a suitable fine screen with openings of not more than one-eighth (1/8) inch, prior to discharge to the POTW.

(f)    Restriction on Domestic Waste. All domestic wastewater from restrooms, showers, drinking fountains, and the like shall be kept separate from all waste requiring pretreatment until such waste has passed through the required pretreatment system or device.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1176-04 C-M, eff. June 8, 2004)

6-3.515 Protection from accidental discharges.

Each discharger shall provide protection from the accidental discharge of prohibited materials or other waste regulated by this Chapter. Any facilities for the prevention of accidental discharge shall be provided and maintained at the discharger’s expense. Detailed plans showing the facilities and operating procedures to provide such protection shall be submitted to the Director for review and approval prior to the construction of the facilities. However, such approval shall not absolve the discharger of the responsibility of complying with the provisions of this Chapter.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.516 Administration.

(a)    Waste Discharge Reports. The Director may require that any person discharging or proposing to discharge waste to the POTW file a waste discharge report. The waste discharge report shall include, but shall not be limited to: the nature of the process, volume, rates of flow, mass emission rate, production quantities, hours of operation, and other information which relates to the generation of waste, including the chemical constituents and physical characteristics of the waste. Such reports shall also include the chemical constituents, physical characteristics and quantity of liquid or gaseous materials stored on-site, even though they may not normally be discharged. In addition to such waste discharge reports, the Director may require information in the form of a waste discharge permit application and discharger self-monitoring reports. In order to ensure that Federal reporting requirements are satisfied, reports shall conform to the minimum requirements as specified by 40 CFR Part 403.12.

(b)    Mandatory Wastewater Discharge Permits. All proposed or existing “Significant Industrial Users” (SIUs) shall obtain a wastewater discharge permit before connecting to or discharging into a public sanitary sewer main. For the purpose of this Article, a “Significant Industrial User” is defined as follows:

(1)    All industrial dischargers subject to National Categorical Pretreatment Standards.

(2)    Any other industrial discharger that:

(i)    Discharges 25,000 gallons per day (gpd) or more of process wastewater during an average operating day (process wastewater excludes sanitary, non-contact cooling and boiler blow down wastewaters); or

(ii)    Contributes a process waste stream which makes up five (5%) percent or more of the average dry weather hydraulic, BOD, or SS capacity of the POTW; or

(iii)    Has reasonable potential, in the opinion of the Director, to adversely affect the POTW by inhibition, pass-through of pollutants, sludge contamination, or endangerment of persons, facilities or the environment.

(c)    Optional Wastewater Discharge Permits. The Director may require a discharger to obtain a wastewater discharge permit in accordance with the terms of this section should the Director determine it to be necessary due to the unusual nature of the discharger’s waste.

(d)    Permit Applications. A discharger required to obtain a wastewater discharge permit by this section shall complete and file with the Director an application in the form prescribed by this section. The application shall be accompanied by the applicable fees as established by Council resolution. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information or the applicant’s best estimate of such information:

(1)    The name, address, and Standard Industrial Classification number of the applicant.

(2)    The volume of wastewater to be discharged, including, but not limited to, peak flow thirty (30) day average, peak instantaneous flow, annual total flow volume.

(3)    Chemical constituents and physical characteristics of waste, including, but not limited to, those set forth in Section 6-3.513, including seasonal variations of such parameters.

(4)    The time and duration of the discharge.

(5)    Site plans, floor plans, wastewater plumbing plans and sampling locations, and details to show all sanitary sewers and appurtenances by size, location, drainage pattern, and relative elevation.

(6)    A description of the activities, facilities, and plant processes (e.g., general type of product processed) on the premises, including all materials, processes, and types of materials which are or could be discharged.

(7)    Each product produced by type, amount, and rate of production, including seasonal variations.

(8)    The hours of work, including seasonal variations.

(9)    Additional pertinent information required by the Director to evaluate the permit application and demonstrate compliance with this chapter, national pretreatment standards or other applicable federal or State regulations.

(10)    The Director will evaluate the data furnished by the discharger and may require additional information. After the evaluation and acceptance of the data furnished, the Director may issue a wastewater discharge permit subject to the terms and conditions provided in this chapter. If the discharger is not in agreement with the permit conditions proposed by the Director, the discharger may appeal in accordance with the provisions of Section 6-3.702.

(e)    Permit Conditions. Wastewater discharge permits shall be expressly subject to all the provisions of this chapter and all other applicable regulations, user charges and fees established by the Council resolution. The conditions of wastewater discharge permits shall be enforced by the Director in accordance with this chapter and applicable federal and State regulations. Permits shall contain the following:

(1)    Limits relating to flow regulation and equalization, including but not limited to the rate and time of discharge.

(2)    Effluent limitations, including best management practices (BMPs) based on applicable pretreatment standards.

(3)    Requirements for the installation of flow metering and sampling facilities.

(4)    Notification requirements regarding slug loadings, spills, bypasses, or upsets, significant changes in discharge, within twenty-four (24) hours after noticing a violation.

(5)    Specifications for self-monitoring, sampling, reporting, and recordkeeping requirements, including resampling within thirty (30) days after noticing a violation.

(6)    Requirements for the submission of technical reports, discharge reports, or compliance schedule progress reports.

(7)    A statement of applicable criminal and civil penalties for violation of pretreatment standards and requirements and any applicable compliance schedule.

(8)    The mean and maximum mass emission rates for current or proposed waste in the discharger’s effluent.

(9)    Statement of duration (in no case longer than five (5) years).

(10)    Statement of nontransferability.

(11)    Requirements for a slug discharge control plan, if determined by the Director to be necessary.

(12)    Prohibition on dilution as a substitute for treatment.

(13)     Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Director.

(14)    Other conditions as deemed appropriate by the Director to ensure compliance with this chapter or applicable federal or State regulations.

(f)    Permit Compliance Schedules. New and existing dischargers shall comply with the following permit compliance schedule:

(1)    New Dischargers. New dischargers shall comply with all requirements of this chapter, and applicable federal or State regulations prior to commencement of discharge.

(2)    Existing Dischargers. Within one hundred eighty (180) days following the issuance of a wastewater discharge permit, the discharger shall have completed the construction of all required sampling, monitoring, and pretreatment facilities, unless a time extension is otherwise granted by the Director. The Director may grant extensions on a case-by-case basis when delays are encountered which are beyond the discharger’s control, such as those due to late equipment deliveries when equipment was ordered in a timely manner, unforeseeable construction conditions, poor weather, and the like. Under no circumstances shall construction of sampling, monitoring and pretreatment facilities be delayed longer than two hundred seventy (270) days following the issuance of a wastewater discharge permit.

Whether situated on public or private property, the sampling, monitoring and pretreatment facilities as required by Sections 6-3.514 and 6-3.517 shall be constructed as approved by the Director.

Any compliance schedule imposed upon a discharger in accordance with provisions of this section does not relieve the discharger of complying with any effluent limitation, monitoring or sampling requirement established by this chapter or applicable federal or State regulations.

(g)    Duration of Permits. Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. The permitted discharger shall apply for a revised wastewater discharge permit not less than one hundred eighty (180) calendar days prior to the expiration date of the permit.

(h)    Amendment of Permits. The terms and conditions of the permit may be subject to amendment by the Director during the life of the permit as limitations or requirements identified in Section 6-3.513 are modified and changed. Any discharger affected by such modification shall be informed not less than thirty (30) calendar days prior to the effective date of the change. Any such permit modification or new condition shall include a reasonable time schedule for compliance, except when expressly prohibited by federal or State regulations.

(i)    Permit Limitations. A wastewater discharge permit is issued and limited to the use of a specific discharger for a specific processing or manufacturing operation, and for a specific site. Except as provided by this subsection, a wastewater discharge permit shall not be reassigned, transferred, or sold. However, a wastewater discharge permit may be temporarily reassigned for a ninety (90) calendar day period to a new owner for the purpose of facilitating the transition of ownership. Temporary reassignment shall be permissible only if immediately upon acquisition of the facility the new owner files a written certification with the Director stating that:

(1)    There will be no substantial change in the processing, or manufacturing operations, increase in peak month thirty (30) day average waste loading, and no change in location of permitted facilities as identified in the previous discharger’s wastewater discharge permit to be temporarily reassigned as a result of the change in ownership; and

(2)    The owner agrees to comply with all the conditions of the previous discharger’s wastewater discharge permit which is to be temporarily reassigned. The new owner shall submit a permit application in accordance with subsection (d) of this section by no later than fifteen (15) calendar days from the date the new owner acquires the facility; and

(3)    Each discharger must notify the City of any significant changes to the discharger’s operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change. All industrial users shall promptly notify the Director in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification. The Director may require submission of a discharge permit application or modify an existing permit in response to the anticipated changed conditions.

(j)    Inter-Jurisdictional Agreements. Any ordinance, resolution or discharge permit enacted by another sanitary district, that is provided wastewater treatment by the City, shall not set discharge limitations for any discharger that are less stringent than those required by this chapter.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1252-10 (CM), eff. February 11, 2010)

6-3.517 Waste monitoring requirements.

(a)    General Requirements. The Director shall require all significant industrial users and may require other dischargers to provide, install and operate at their own expense, monitoring facilities to allow inspection, sampling, influent flow, and effluent flow measurement of the sanitary sewer or internal drainage systems. The monitoring facility should normally be situated on the discharger’s premises. However, when such a location would be impractical or cause undue hardship on the discharger, the Director may allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. All dischargers with monitoring facilities shall allow ready access for the Director. There shall be ample room provided in or near such monitoring facilities to allow the Director the opportunity to collect accurate flow data and monitor the chemical, biological and physical characteristics of the discharger’s effluent. Monitoring equipment shall be maintained so as to ensure safe access and inspection, and proper operation of equipment. The cost of such maintenance shall be borne by the discharger.

(b)    Determination of Wastewater Discharge Volume. For the purpose of determining wastewater volume, dischargers shall have their wastewater volume determined to be equal to the total volume of water used from all sources. The total volume of water used from all sources will be determined by means of public and/or private meters. User charges and fees shall be established by Council resolution. To ensure accuracy, the Director shall require periodic professional calibration of flow metering equipment, including private well meters. When such calibration is required the discharger shall submit written certification of calibration to the Director. The cost of such calibration shall be borne by the discharger. Should the Director utilize a discharger’s flow meter for the purpose of assessing user charges and fees, the Director shall have unimpeded access to such meter. Such meters may be locked for the purpose of safeguarding the equipment. In such an instance the discharger shall supply the Director with duplicate set of keys for each lock or the combination to each lock securing the equipment.

(c)    Monitoring Multiple Discharge Points. When a discharger utilizes more than one point for disposal of waste to the POTW and requires monitoring as set forth in this section, the discharger shall either:

(1)    Install metering and monitoring facilities to serve each discharge point. The cost of such facilities shall be borne by the discharger; or

(2)    Re-route existing piping so that all waste is discharged to the POTW at one point. Should the discharger abandon a sanitary sewer lateral as a result of rerouting existing piping, the abandonment shall conform with the provisions of this chapter. The cost of any such modification shall be borne by the discharger.

(d)    Approval of Monitoring Equipment and Installation Location. Prior to the issuance of a wastewater discharge permit, the discharger shall submit, for approval by the Director, a detailed description and site plan showing the location of the monitoring equipment intended to be used. The description should include the discharger’s intended method of determination of wastewater volume. The approval of such plans by the Director shall not absolve the responsibility of complying with the provisions of this chapter.

(e)    Baseline Monitoring Reports. Within one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to a POTW shall submit to the Director a report which contains the information listed in subsections (e)(1) through (6) of this section. At least ninety (90) days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director a report which contains the information listed in subsections (e)(1) through (6) of this section. New sources shall also include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of its anticipated flow and quantity of pollutants to be discharged. Each baseline monitoring report must be certified in accordance with Section 6-3.518(a). Each baseline monitoring report must contain the following information:

(1)    Name and address of the facility, including name of the owner and operator;

(2)    List of any environmental control permits held by the facility;

(3)    Description of the operation, average rate of production, and Standard Industrial Classification of the operation. The description should include a schematic process diagram which indicates the points of discharge to the POTW;

(4)    Measured average daily and maximum daily flow, in gallons per day. New sources shall submit estimates of the flow to be discharged;

(5)    The pretreatment standards applicable to each regulated process;

(6)    The analytical results of a minimum of one representative sample analyzed for the pollutants requested by the Director. New sources shall give estimates of its anticipated quantity of pollutants to be discharged. All sampling and analytical procedures shall comply with Section 6-3.519, Test procedures.

(f)    Compliance Schedule Progress Reports. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or operation and maintenance. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). No progress increment shall exceed nine (9) months. The user shall submit a progress report to the Director not later than fourteen (14) days following each date in the schedule and the final date for compliance, including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the Director.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1252-10 (CM), eff. February 11, 2010)

6-3.518 Discharger self-monitoring.

(a)    Discharger Self-Monitoring Program. The discharger’s self-monitoring program shall be established by the Director through the wastewater discharge permit, in accordance with the minimum requirements established by this chapter. The peak thirty (30) day average flow used for determining the minimum sampling requirements shall be based on either past water usage records, past wastewater volume records, or an estimated wastewater volume approved by the Director. Discharger’s self-monitoring reports shall include a record of measured or estimated average and maximum daily flows from the regulated process for the reporting period. If, during any year, the discharger’s wastewater volume increases to an amount requiring a more extensive monitoring program, the Director shall require the discharger to install additional monitoring equipment as necessary to meet the minimum requirements of this chapter. The addition of monitoring facilities shall be subject to the requirements of Section 6-3.517. The cost of the additional facilities shall be borne by the discharger. A discharger’s self-monitoring shall be submitted twice per year at a minimum (except for NSCIUs), in June and December, unless specified otherwise by the Director in the wastewater discharge permit. The self-monitoring report must indicate the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. Additional pollutant monitoring may need reporting as required by the Director. In cases where the pretreatment standard requires compliance with a best management practice (or pollution prevention alternative), the user shall submit documentation required by the Director or the pretreatment standard necessary to determine the compliance status of the user. An authorized representative of the user, meeting the definition in Section 6-3.100, who signs the self-monitoring report, baseline monitoring report, or compliance report must include the following certification statement with each report:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

The Director may determine a facility to be a nonsignificant categorical industrial user (NSCIU) pursuant to 40 CFR 403.3(v)(2). The Director may reduce the reporting and monitoring requirements for a NSCIU to a requirement to report no less frequently than once a year, where the industrial user meets all of the conditions of 40 CFR 403.12(e)(3). The NSCIU must annually submit the following certification statement signed by an authorized representative of the user meeting the definition in Section 6-3.100. This certification must accompany any other reports required by the Director:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR ____, I certify that, to the best of my knowledge and belief that during the period from ________ ____, to ________, ____ [month, days, year]:

The facility described as ________ [facility name] met the definition of a non-significant categorical Industrial User as described in §403.3(v)(2); (b) the facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the information contained in this report:

(b)    Discharger Self-Monitoring Samples and Analysis. Discharger self-monitoring samples shall be collected and stored by the discharger in a manner prescribed by the Director. Discharger self-monitoring samples are required to be collected during periods in which the plant discharge is most representative of typical plant operations. The discharger shall be responsible for submitting certified copies of test results to the Director. The cost of sample analysis shall be borne by the discharger. If a discharger monitors any regulated pollutant at the appropriate sampling location more frequently than required in the permit, the results of this monitoring shall be included in the self-monitoring report. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty-four (24) hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director. Where time-proportional composite sampling or grab sampling is authorized by the Director, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (24) hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Director, as appropriate. For sampling required in support of baseline monitoring and ninety (90) day compliance reports, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Director may authorize a lower minimum.

(c)    Inadequate Discharger Self-Monitoring, Sampling and Analysis. Should the Director determine that the discharger’s self-monitoring, sampling or analytical efforts are inadequate, in any regard, the Director may elect, in addition to taking administrative or legal actions, to supplement or totally perform the discharger’s monitoring program. The cost the City incurs by performing or supplementing the discharger’s self-monitoring program shall be borne by the discharger.

(d)    Re-Sample. If sampling performed by a discharger indicates a violation, the user shall notify the City within twenty-four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty (30) days after becoming aware of the violation. Re-sampling by the discharger is not required if the City performs sampling at the discharger’s facility at least once a month, or if the City performs sampling at the discharger between the time when the initial sampling was conducted and the time when the discharger or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the discharger.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1252-10 (CM), eff. February 11, 2010)

6-3.519 Test procedures.

All pollutant analysis shall be performed by a laboratory certified under the California Department of Health Environmental Laboratory Accreditation Program (ELAP) or as approved by the Director and the analysis shall be in accordance with 40 CFR Part 136, Guidelines Establishing Test Procedures for Analysis of Pollutants. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by other parties approved by EPA.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1252-10 (CM), eff. February 11, 2010)

6-3.520 Confidentiality.

All information and data concerning a discharger which is obtained from wastewater discharge reports, questionnaires, permit applications, permits, monitoring programs, or inspections shall be subject to the provisions of Section 308(b) of the Clean Water Act. Any information submitted pursuant to these regulations may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words “confidential business information” on each page of such information. If no claim is made at the time of submission, the Director may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in 40 CFR Ch. 1, Parts 1 and 2 (Public Information). Effluent data and information submitted to the Director pursuant to this chapter shall be available to the public at least to the extent provided by 40 CFR Ch. 1, Section 2.302.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.521 Spills, slug loadings, and operating upsets.

(a)    Notification of Spill, Slug Discharge, and Operating Upset. The Director shall be notified immediately upon release of any material or waste in violation of this chapter or following any accident or occurrence that causes the discharge to the POTW of any material whose nature and quantity might be reasonably judged to pose a hazard to the public, City personnel, POTW, or the environment. Such notification shall not relieve the party of liability for any expense, loss, or damage to the POTW or for any fine imposed on or by the City. Such notification shall be followed within five (5) working days after the date of such occurrence by a detailed written statement describing the causes of the accidental or slug discharge and the measures being taken to prevent future occurrence.

(b)    Notices to Employees. In order that employees of the discharger may be informed of City requirements, the discharger shall make available to all employees copies of this chapter. In addition, the discharger shall make available such other related information, permits and notices as may be furnished by the City from time to time and which are directed toward implementation of this chapter. A notice shall be furnished to each employee and posted on a bulletin board on the premises advising employees of whom to call in case of an accidental discharge in violation of this chapter.

(c)    Reporting of Hazardous Waste Discharges. The industrial user shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, the quantity of hazardous waste discharged, and the cause(s) of the discharge. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1252-10 (CM), eff. February 11, 2010)

6-3.522 Public participation.

In accordance with the federal public participation requirements of 40 CFR Part 25, the City shall publish, at least once annually, a list of any discharger found to be “significantly noncompliant” during the previous twelve (12) month period. When the City makes changes to its pretreatment program, the public is allowed a thirty (30) day comment period to review the changes.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1252-10 (CM), eff. February 11, 2010)

6-3.523 Connection fees.

Connection fees and charges shall be in accordance with a schedule established by resolution of the Council. Connection fees shall be in effect for all new connections to a public sanitary sewer main. No one shall have ownership of any sanitary sewer capacity for which no sanitary sewer connection fee has been paid to the City.

(a)    Sale or Transfer of Sanitary Sewer Capacity. All POTW capacity shall remain with the parcel to which it was originally allocated. POTW capacity may not be traded, sold or transferred without the written approval of the Director.

(b)    New Construction. All newly constructed residential or commercial units shall pay the appropriate sanitary sewer connection fees as set forth by Council resolution prior to receiving an occupancy permit. All newly constructed industrial facilities shall, prior to receiving an occupancy permit, acquire by purchase or lease sufficient POTW capacity in an amount equal to not less than its estimated peak monthly discharge.

(c)    Existing Facilities.

(1)    Any residential, or commercial parcel which increases its POTW usage above that for which it originally paid a sanitary sewer connection fee, shall pay an additional sanitary sewer connection fee for that portion of its usage above the amount for which it originally paid. The additional fee shall be based on the rates in effect at the time the increased usage was identified by the City.

(2)    If an industrial facility exceeds its authorized POTW capacity allocation, as adopted by City Council resolution, it shall either purchase or lease additional POTW capacity sufficient to cover its peak monthly POTW discharge and pay an additional sanitary sewer connection fee for that portion of its usage above the amount for which it originally paid. The additional fee shall be based on the rates in effect at the time the increased usage was identified by the City.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1176-04 C-M, eff. June 8, 2004)

6-3.524 Storm water connection fees.

All newly constructed residential, commercial or industrial units shall pay the appropriate storm sewer connection fees as set forth by Council resolution prior to receiving an occupancy permit.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.525 Discharge of pollutants into City storm water sewer system.

Any non-storm water discharges to the City storm water sewer system are prohibited, unless in compliance with an NPDES permit. Exceptions to this prohibition are set forth in subsections (a) and (b) below:

(a)    Discharges Not Polluting the Waters of the State. NPDES permitted non-storm water discharges and discharges which are not sources of pollutants to waters of the State (as described in 40 CFR 122.26(d)(2)(iv)(B)(1)) provided that the discharger is in full compliance with applicable laws or regulations.

(b)    Properly Managed Discharges. Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed in a manner satisfactory to the Director: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground water, uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washing, flows from riparian habitats, and wetlands, or flows from fire fighting activities.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.526 Illicit discharge and illicit connections.

Any illicit drainage or illicit connection to the City storm water sewer system shall be unlawful. This prohibition is expressly retroactive and applies to any and all connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or in effect at the time of the connection.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.527 Reduction of pollutants in storm water.

Any person engaged in activities which will or may result in pollutants entering the City storm water sewer system shall implement all best management practices (BMPs) necessary to adequately or sufficiently reduce such pollutants.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

6-3.528 Implementing best management practices.

Property owners shall be responsible for implementing (see Section 6-3.100(e)) BMPs as required by the Director.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

6-3.529 Permits.

(a)    Any person engaged in any activity which will, or may, result in pollutants entering storm water, the storm drain system, or receiving waters shall first obtain any required NPDES storm water permit.

(b)    The Director may require documentation demonstrating coverage by and compliance with any applicable permit, including copies of any notice of intent, storm water pollution prevention plans, inspection reports, monitoring results, and other information deemed necessary to assess compliance with this chapter or any NPDES permit.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

6-3.530 Watercourse protection.

Every property owner with property through which a watercourse passes shall keep and maintain that part of the watercourse within the property reasonably free of materials, trash, debris, and other obstacles which would pollute, contaminate, or significantly impede the watercourse; shall maintain existing privately owned buildings within or adjacent to a watercourse so that such buildings will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove vegetation in such a manner so as to increase the vulnerability of the watercourse to erosion. Unless a permit has been obtained from the Director, in addition to any required State or federal permits, the following acts are prohibited:

(a)    Discharges into a Watercourse. Discharge into or connect any pipe or channel to a watercourse.

(b)    Flow Modifications. Modify the natural flow of water in a watercourse.

(c)    Development in a Watercourse. Carry out development within a watercourse setback.

(d)    Deposit or Remove Materials from a Watercourse. Deposit, plant, or remove any material from a watercourse including the streambed and banks, except as required for necessary maintenance.

(e)    Modifications to Buildings in a Watercourse. Construct, alter, enlarge, connect to, change, or remove any building in a watercourse.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

6-3.531 Notification of spills.

(a)    Notification of Accidental Discharge. The Director shall be notified immediately upon release of any material in violation of this chapter, to enable countermeasures to be implemented by the Director, so as to minimize damages to the environment. Such notification shall be followed within five (5) working days after the date of such occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence. Such notification shall not relieve the party of liability for any expense, loss, or damage to the environment or for any fine imposed on or by the City.

(b)    Notice to Employees. In order that employees of businesses in the City may be informed of City requirements, the employer shall make available to all employees copies of this chapter. In addition, the employer shall make available such other related information, permits and notices as may be furnished by the City from time to time and which are directed toward implementation of this chapter. A notice shall be furnished to each employee and posted on a bulletin board on the premises advising employees of whom to call in case of an accidental discharge in violation of this chapter.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

6-3.532 Erosion and sediment control plan requirement.

All projects, regardless of size, shall develop and submit a site-specific erosion and sediment control plan when applying for a grading or building permit. The plan must meet the requirements of the City of Watsonville erosion control standards. The director may require implementation of specific BMPs as part of the erosion and sediment control plan.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

6-3.533 Stop work orders.

In addition to any available remedies, the Director may issue a stop work order for any construction activity that is creating or is likely to create any discharge in violation of this chapter.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

6-3.534 Construction requirements.

Any project subject to the State construction general permit (CGP) shall comply with all provisions of said permit. Proof of compliance with the CGP is required prior to obtaining a grading or building permit.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

6-3.535 Post-construction requirements.

(a)    All applicable new development and redevelopment projects must comply with City of Watsonville post-construction storm water management requirements. Storm water post-construction standards are provided in the City of Watsonville public improvement standards as adopted by Resolution No. 4-14 (CM) and as amended thereafter.

(b)     The Director shall require the legally responsible party for any new development or redevelopment project to enter into an agreement for the operation and maintenance of BMPs and structural control measures and to record such agreement with the County Recorder’s Office.

(c)     The legally responsible party for any new development or redevelopment project, or upon transfer of said property, its successors and assigns shall implement and adhere to the terms, conditions and requirements imposed by this chapter.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

Article 6. Solid Waste and Recycling Services

6-3.601 Containers required.

All customers are required to use City provided containers, of sufficient capacity, for storing solid waste and recyclables.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.602 Level of service.

The Director shall determine the appropriate level of service required, including size of receptacle and frequency of collection. Minimum level of service for:

(a)    Residential or Commercial Units. Each residential or commercial unit shall be provided with a minimum of one thirty-two (32) gallon City provided garbage cart or equivalent and one thirty-two (32) gallon City provided recycling cart or equivalent.

(b)    Mobile Homes. Each mobile home shall be provided with a minimum of one thirty-two (32) gallon City provided garbage cart and one thirty-two (32) gallon City provided recycling cart.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.603 Ownership and maintenance of containers.

Containers provided by the City, remain the property of the City, and should not be used for any other purpose than to store garbage and recyclables. Damages to containers resulting from customer negligence shall be repaired by the City and the cost thereof shall be paid by the customer. The customer shall be responsible for routine cleaning of containers and for maintaining the containers in such condition that they meet State and local public health regulations. Containers should be stored in such a manner to prevent the accumulation of litter or an unsightly, unsafe, or unsanitary condition to exist. All containers equipped with lids shall be stored with their lids fully closed.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.604 Unacceptable materials.

It shall be unlawful to place unacceptable materials in containers. Unacceptable materials include:

(a)    Hazardous waste.

(b)    Infectious waste.

(c)    Hot ashes.

(d)    Free-flowing liquids.

(e)    Items that may be easily scattered by the wind (these should be bagged prior to placement in container).

(f)    No recyclable materials shall be placed in solid waste containers.

(g)    No solid waste materials shall be placed in recycling containers.

(h)    Placement of material in any container without the permission of the customer responsible for payment of service.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.605 Shared containers.

Shared garbage containers are not allowed, except upon approval of the Director. The property owner shall be responsible for solid waste service arrangements and payment of bills.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.606 Requirements and regulations.

(a)    Service Requirements. Every residential, industrial, or commercial unit occupied or available for occupancy shall obtain garbage and recycling service, and the occupant or owner shall be responsible for paying the appropriate service charges.

(b)    Overloads. Any container shall be considered overloaded when its lid is not fully closed or materials extend beyond the top of the receptacle. The customer will be charged an overloaded container fee. Material shall be placed in the container so that it falls free when container is serviced.

(c)    Excess Garbage. Occasional excess garbage, which cannot be placed in a customer’s regular cart, may be placed in a thirty-two (32) gallon can with lid. The total weight, including contents, must not exceed fifty (50) pounds. The applicable extra-can charge will be applied.

(d)    Water and Liquids. All wet garbage shall be drained of water and other liquids before being deposited in a waste container.

(e)    Placement for Collection. Waste containers shall be placed for collection at locations designated by the Director.

(f)    Container or Cart Identification. All waste containers shall be conspicuously marked with the specific street number of the house, building, or unit receiving service.

(g)    Collection Hours. Containers shall not be placed on the street for pickup for more than twelve (12) hours in advance of the regular service day and they shall be removed from the pick-up site within twelve (12) hours after they have been emptied.

(h)    Incorrect Placement and Access. Customers whose solid waste containers are not collected because of improper use placement, or improper access must correct such problems and arrange for a special pick-up. Fees shall be charged as established by Council resolution.

(i)    Exchanges. Customers may change cart size once per year without cost. Exchange fees shall be charged as established by Council resolution

(j)    Area Constraints. Service shall not be provided in cases where accessibility is a problem or where an adequately paved surface is not available for container placement.

(k)    Compactors. Privately-owned compactors shall be in accordance with provisions of Public Improvement Standards.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.607 Regulations for recyclables collection service.

(a)    Findings. As provided by Sections 41950 and 41951 of the Public Resources Code: No person, other than the authorized recycling agent of the City or County, shall remove paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, or other recyclable materials which have been segregated from solid waste materials and placed at a designated recycling collection location for residential, multifamily residential, and commercial curbside collection programs authorized by a City, County, or local Agency for the purpose of collection and recycling.

(b)    Requirements. All customers are required to recycle all materials as designated by the Director.

(c)    Containers. City provided recycling containers shall not be used for any purpose other than the segregation of recyclable materials in the City’s curbside recycling program.

(d)    Ownership of Materials. From time of placement of recyclables in any City container, the materials become the property of the City.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.608 Unlawful actions.

(a)    Placement of Solid Wastes and Recyclables. It shall be unlawful for any person to deposit any solid waste or recyclables upon any City right-of-way, street or other public place except for the purpose of collection in accordance with the provisions of this Chapter.

(b)    Burying and Burning. No person shall bury or burn solid waste and recyclables at any place in the City for whatever purpose.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.609 Disposal by customer.

(a)    Disposal by Residential and Commercial Customers. All customers shall have City-provided garbage and recyclable collection services of sufficient volume and frequency to handle their regular solid waste needs. Disposal by customer shall not be used to replace or augment, mandatory City-provided garbage services. Self-haul of solid waste is allowed under the following conditions:

(1)    Customers may self-haul occasional extra solid wastes to the City’s public drop off facility. However, frequent use of the public drop off for garbage disposal will be considered evidence of insufficient city-provided garbage as prescribed in Section 6-3.602 of this Chapter.

(2)    Containerized wastes may be self-hauled to the City landfill by an approved hauler if the container is situated at all times, while on site, on the vehicle that transports it.

(b)    Responsibility for Charges. The customer is responsible for the payment of the appropriate solid waste charges, including all costs imposed on and incurred by the City for the disposal of wastes. The Director, as provided under Section 6-3.602 of this Chapter, shall determine the appropriate solid waste service level.

(c)    No property owner or occupant shall prohibit or prevent the provision of weekly solid waste collection services, including recyclables collection, at said property.

(d)    All loads shall be adequately covered to prevent littering. An additional fee will be assessed for uncovered loads transported to any City disposal facility.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1176-04 C-M, eff. June 8, 2004)

6-3.610 Solid waste and recycling enclosures required.

Section 42910 of the Public Resource Code requires that local agencies adopt an ordinance relating to adequate areas for collecting and loading recyclable materials.

(a)    Facility Requirements. Any development, remodeled or expanded building, including public facilities, shall include adequate, accessible, and convenient areas for collecting, storing and loading solid waste or recyclable materials.

(b)    Changes in Use of a Facility. When the use of a facility results or will result in the generation of additional or different waste or recyclable materials, the owner shall be responsible for providing adequate, accessible, and convenient areas for the collection, storage and loading of these materials.

(c)    Design and Construction. Solid waste and recycling storage areas shall be designed and constructed under current Public Improvement Standards.

(d)    Maintenance. Solid waste and recyclable enclosures shall be maintained in good repair and kept free of litter.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.611 Solid waste and recyclables information.

Customers delivering solid waste or recyclables to City-operated facilities shall be required to complete an origin of waste document that identifies the type of waste, the address of the parcel where the waste originated, where the waste was located before it was loaded for transportation, the name or the person in possession of the waste before the transporter took possession of the waste, and any related information needed to determine the origin of the waste for the purpose of meeting State and local regulations.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

Article 7. Enforcement and Appeals

6-3.701 Duties of the director.

It shall be the duty of the Director to implement Chapter 6-3, City Utilities. The Director’s duties shall include, but not be limited to the following:

(a)    Adoption of Rules and Procedures. The Director shall promulgate rules and procedures necessary for the proper administration and enforcement of this Chapter.

(b)    Determination of Compliance. The Director shall determine the compliance status of all persons within the service area and shall notify them in writing of all violations of the provisions of this Chapter and seek corrective action.

(c)    Issuance of Notice of Violation. Whenever the Director finds that any person has violated or is violating any provision of this Chapter, or any permit or order issued hereunder, the Director may serve upon said person a written Notice of Violation (NOV). Within ten (10) days of the date of service of the NOV, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Director. Submission of this plan in no way relieves the person of liability for any violations occurring before or after receipt of the NOV.

(d)    Consent Orders. The Director is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the non-compliance. Such orders will include specific action to be taken by the person to correct the non-compliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative or compliance orders issued pursuant to subdivision (e) of this section.

(e)    Administrative/Compliance Order. When a person has violated or continues to violate any provision of this Chapter, or a permit or order issued hereunder, the Director may issue an order to the person responsible for the violation directing that, following a specified time period, City utility services shall be discontinued unless adequate facilities, devices or other related appurtenances have been installed and are properly operated and maintained. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the non-compliance, including the installation of any equipment, technology, additional self-monitoring, and best management practices.

(f)    Show Cause Hearing. The Director may order any person which causes or contributes to any violation of the provisions contained in this Chapter or any permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the person show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served at least ten (10) days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified person appears as noticed, immediate enforcement action may be pursued.

(g)    Cease and Desist Orders. When the Director finds that a person has violated or continues to violate any provision contained in this Chapter and/or any permit or order issued thereunder, the Director may issue an order to cease and desist all such violations and direct those persons in noncompliance to:

(1)    comply forthwith; and

(2)    take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the violation, and/or suspend City utility services.

(h)    Emergency Suspensions.

(1)    The Director may suspend City utility services and/or any permits whenever such suspension is necessary to stop an actual or threatened violation presenting or causing an imminent or substantial endangerment to the health or welfare of persons, City facilities, or the environment.

(2)    Any person notified of a suspension of City utility services and/or any permits shall immediately stop or eliminate the violation(s). In the event the person fails to immediately comply voluntarily with the suspension order, the Director shall take such steps as deemed necessary, to prevent or minimize loss of water, or damage to City facilities, the environment, or endangerment to any person.

(3)    City utility services shall not be restored until:

(i)    The Director considers the endangerment has passed.

(ii)    The person who is responsible, in whole or part, for imminent or substantial endangerment has submitted a written statement describing the causes of the violation and the measures taken to prevent any future occurrence.

(i)    Permit Termination. A permit may be terminated under the following conditions:

(1)    Violation of this Chapter.

(2)    Violation of State or Federal Law.

(3)    Violation of permit conditions.

(4)    Failure to submit accurate reports as required by the permit.

(5)    Failure to report any significant changes in operations.

(6)    Refusal of reasonable access to the person’s premises for the purpose of inspection, monitoring, or sampling.

Noncompliant person(s) will be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under subdivision (f) of this section why the proposed action should not be taken.

(j)    Judicial Remedies. The City may commence legal action against any person who violates this Chapter or any order or permit issued.

(k)    Injunctive Relief. The City may petition the court for injunctive relief against any person who has violated or continues to violate the provisions of this Chapter or permit or order issued.

(l)    Administrative Fines. As provided for in Section 1-2.10 of this Code, not withstanding any other section of this Chapter, any person who is found to have violated any provision of this Chapter, or permits and orders issued hereunder, may be assessed an administrative fine per violation plus any related expenses and damages incurred by the City. Each day on which non-compliance occurs or continues shall be deemed a separate and distinct violation. Such assessments may be added to the person’s next scheduled City utility service charge or billed separately as is deemed appropriate. The Director shall have such collection remedies as he has to collect other service charges.

(m)    Civil Penalties. As provided for in Section 1-2.08 of this Code and as required under Title 40 CFR “Protection of Environment Part 403.8 (f)(1)(vi)(A), not withstanding any other section of this Chapter, any person who has violated or continues to violate any provision of this Chapter or any order or permit issued hereunder, shall be liable for a civil penalty per violation, per day, for as long as the violation continues. In a civil action to impose, assess, and recover damages and/or penalty, the court shall take into consideration in determining the amount of liability, all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the person’s violation, corrective actions by the person, the compliance history, and any other factors as justice requires.

(n)    Criminal Prosecution.

(1)    Violations Generally. Any person who willfully or negligently violates any provision of this Chapter or any orders or permits issued hereunder, shall, upon conviction, be guilty of a misdemeanor, punishable by a fine per violation, as required under Title 40 CFR “Protection of Environment” part 403.8 (f)(1)(vi)(A), and as provided for under Section 1-2.01. of this Code, or imprisonment in the county jail for a period not exceeding six (6) months or by both such fine and imprisonment. Each and every day any violation is committed, continued, or permitted by such person shall be punishable as a separate offense.

(2)    Falsifying Information. Any person who knowingly makes any false, material representations, certifications, or statements in any application, record, report, plan or other document filed or required to be maintained pursuant to this Chapter, or any permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Chapter shall, be guilty of a misdemeanor and, upon conviction, be punished by a fine of not more than One-Thousand and No/100ths ($1,000.00) Dollars per violation or imprisonment for not more than six (6) months or by both such fine and imprisonment for each separate offense.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.702 Appeals to the City Manager.

Any person affected by any administrative or compliance order, cease and desist order, emergency suspension, or termination of service, may file a written appeal to the City Manager. Notwithstanding any other provision of this Code, this appeal must be filed with the City Manager within ten (10) calendar days of the date of service of the order or of the suspension notification, or the date of service termination. The City Manager shall provide notice and shall hear the appeal and render a decision no later than thirty (30) calendar days from the date of submission of the appeal to the City Manager. Failure to submit an appeal to the City Manager within the ten (10) calendar days of the date of service shall be considered a waiver of the right to appeal and the person shall be required to comply with all requirements immediately. The City Manager’s decision in such matters shall be final.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.703 Enforcement of remedies during appeal proceedings.

All provisions of this Chapter shall remain in effect during periods of appeal to the City Manager. No violation of this Chapter or action with a significant potential to violate, shall be allowed during the appeal process.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.704 Violations deemed a public nuisance.

In addition to the penalties provided herein, any condition caused or permitted to exist in violation of any part of the provisions of this Chapter is a threat to the public health, safety and welfare and may be declared and deemed a public nuisance, as provided for in Chapter 2 of this Code.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.705 Administrative enforcement powers.

In addition to the other enforcement powers and remedies established by this Chapter, the Director has the authority to utilize the administrative remedies provided for in Section 1-2.10 of this Code.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.706 Notice to clean or abate.

Whenever the Director finds any oil, earth, dirt, grass, weeds, dead trees, solid waste, recyclables, litter or any other material, in or upon the sidewalk, street or upon any parcel of land, which may result in an increase in pollutants entering the City storm water sewer system or create an unsightly condition, a public nuisance, or threat to public health, safety or environment, the Director may give notice to clean or abate such conditions to the owner, tenant, or person in control of the property.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.707 Remedies not exclusive.

Remedies under this Chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided herein shall be cumulative and not exclusive.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

6-3.708 Authority to enforce industrial storm water permits.

The City shall have the authority to enforce the permit requirements of any individual, group, or general storm water discharge permit issued to any industrial facility, or construction site by the United States Environmental Protection Agency, State of California Water Resources Control Board, or the Central Coast Regional Water Quality Control Board to the extent that such authority is delegated to the City by the issuing agency of government.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

Article 8. Water Efficient Landscaping Ordinance

6-3.801 Adoption of the Model Water Efficient Landscape Ordinance.

Except as hereinafter provided, that certain water efficient landscape ordinance known and designated as the State of California Model Water Efficient Landscape Ordinance and under the California Code of Regulations as Sections 490 through 495 of Chapter 2.7 (Model Water Efficient Landscape Ordinance) of Division 2 (Department of Water Resources) of Title 23 (Waters) [23 CCR 490 et seq.] shall be and become the water efficient landscape ordinance of the City of Watsonville. This Watsonville water efficient landscape ordinance shall regulate landscaping and landscape irrigation design, construction, and maintenance, and the routine auditing of landscape irrigation systems based on an approved landscape water budget, which establishes the maximum amount of allowable water usage for a specified landscape.

(§ 1, Ord. 1325-15 (CM), eff. January 7, 2016)

6-3.802 Definitions.

Whenever the term “local agency” is used in the State of California Model Water Efficient Landscape Ordinance, said term shall be deemed and construed to mean the City of Watsonville.

(§ 1, Ord. 1325-15 (CM), eff. January 7, 2016)


1

Editor’s note: Article 1 of Chapter 3 of Title 6 was replaced in its entirety by § 1, Ord. 1252-10 (CM), eff. February 11, 2010. Prior history: Ord. 1176-04 C-M, eff. June 8, 2004; Ord. 1088-00 C-M, eff. April 14, 2000.