HomeMy WebLinkAboutOrdinances - No. 1613ORDINANCE NO. 1613
AN ORDINANCE OF THE CITY OF LODl REPEALING
CHAPTER 13.12 OF THE LODl MUNICIPAL CODE AS
CURRENTLY ENACTED, AND REENACTING THIS
TITLE RELATING TO SEWER SERVICE
BE IT ORDAINED BY THE LODl CITY COUNCIL AS FOLLOWS:
Article I. General Provisions
13.12.010
Purpose and policy. These wastewater discharge regulations set uniform requirements for discharges of
domestic, industrial waste and storm drainage water into the City sewerage system to enable the City to
comply with the administrative provisions of the Clean Water Grant Regulations, water quality requirements
set by the Regional Water Quality Control Board and the applicable effluent limitations, national standards of
performance, toxic and pretreatment effluent standards, and any other discharge criteria which are required
or authorized by state or federal law, and to derive the maximum public benefit by regulating the quality and
quantity of wastewater discharged into those systems. (Ord. 1501 5 1 (part), 1990)
13.12.020
Definitions. Unless otherwise defined in this chapter, terms shall be as adopted in the latest edition of
Standard Methods for the Examination of Water and Wastewater, published by the American Public Health
Association, the American Water Works Association, and the Water Environment Federation. Waste
constituents and characteristics shall be measured by the approved methods as defined below. The
following words shall have these meaning(s):
1,
unless expressly stated, or as established by federal or state regulatory agencies.
2.
determined by the City, based on criteria such as those moms having closets.
"Approved methods" means the analytical methods listed in the Federal Register 40 CFR Part 136,
"Bedroom(s)" means room(s) of a residential user designed or used primarily for sleeping purposes, as
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3. "Biochemical oxygen demand (BOD)" means the amount of dissolved oxygen required to meet the
metabolic needs of aerobic microorganisms in water containing organic matter as determined by approved
methods and, unless othenvise noted, exerted in a period of five days at twenty degrees Celsius.
4.
user's treatment facility.
5. "Capacity fee" means a charge as described in this chapter, levied on construction, or on new,
expanded or ongoing activity, which uses POW capacty. The fee is normally paid at the time of issuance of
a building permit.
6.
susceptible to oxidation by a strong chemical oxidant as determined by approved methods.
7.
residential user or industrial user.
8. "Community sewer or collection system" means a sewer owned and operated by the City tributary to
the treatment plant. It includes, but is not limited to, sanitary and industrial, pumping stations, siphons, canal
crossings, manholes, and sewers leading from the property line or easement line to the collection sewer.
9. "Compatible pollutanr' means biochemical oxygen demand, suspended solids, and fecal coliform
bacteria, plus additional pollutants identified in the Cily's National Pollutant Discharge Elimination System
(NPDES) permit.
10.
which creates a hazard to the public health through poisoning or through the spread of disease.
11,
methods. Also termed "total dissolved solids" or 'TDS".
12.
such character as to permit satisfactory disposal, without special treatment, into the domestic system.
13.
facility used primarily for domestic sewage.
"By-pass'' means an intentional diversion of waste or wastewater from any portion of an industrial
"Chemical oxygen demand (COD)" means the oxygen equivalent of that portion in a sample that is
"Commercial usel" means any user of the sewerage system except those specifically classified as
"Contamination" means an impairment of the quality of the receiving waters by waste to a degree
"Dissolved solids" means residue upon evaporation of water after filtration as determined by approved
"Domestic sewage" means the waterborne wastes derived from the ordinary living processes and of
"Domestic system or sanitary sewer system" means a portion of the sewerage system and treatment
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14. "Employee" means, for "unit of measure" purposes, the total number of all classifications of employees
from all shh that physically work at the site producing the wastewater discharge. Temporary or part time
employees shall be prorated to their time equivalent to a full time employee.
15. "Federal Act or Federal Regulations" means the Federal Water Pollution Control Act, PL 92-500, and
any amendments thereto; as well as any guidelines, limitations and standards promulgated by the
Environmental Protection Agency pursuant to the Act including the Federal Register, 40 CFR Subchapter IV
for pretreatment regulations and the Federal Clean Water Act.
16.
and fifly degrees centigrade after filtration as determined by approved methods.
17. "Gpd or gpd means gallons per day.
18. "High strength usel" means a user with discharge volume in excess of 2.0 MGY or a daily average
waste strength in excess of the limitations in Section 13.12.110 or in excess of either three hundred
milligrams per liter BOD or three hundred milligrams per liter SS or nine hundred milligrams per liter COD or
as determined by the Public Works Director.
19.
toilets, campers, trailers, septic tanks, vacuum tank trucks, or other stationaly or mobile sources.
20.
discharges directly into the ponding and irrigation system at the treatment plant.
21.
CFR 403.3(g) and (h) who discharges industrial waste into the sewerage system.
22. "Industrial waste" means the waterborne waste and wastewater from any production, manufacturing or
processing operation of whatever nature, including institutional and commercial operations, where water is
used for the removal of significant quantities of waste other than from human habitation of premises
connected to the domestic or industrial sewers. Contents of chemical toilets, septic tanks, waste holding
tanks and waste sumps shall be classed as industrial waste.
23. "Interference" means the inhibition or disruption of the sewer system, treatment processes or
operations of the treatment plant which contributes to the violation of its discharge requirements including
"Fixed total dissolved solids" means residue upon evaporation of water and heating to five hundred
"Holding tank waste" means any domestic waste from holding tanks, contained in vessels. chemical
"Industrial system" means the portion of the sewerage system used primarily for industrial waste which
"Industrial use? means a user subject to regulation by Clean Water Act Section 307(b). (c), or (d) or 40
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inhibition or disruption of sludge disposal practices or compliance with any of the statutory authorities listed in
the Federal Register 40 CFR Part 403.3(i).
24. "mgd or MGD" is the abbreviation for million gallons per day.
25. "MGY is the abbreviation for million gallons per year.
26. "Mass emission rate" means the weight of material discharged into the sewerage system during a
given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a
particular constituent or combination of constituents.
27.
milligrams per liter of BOD and SS and having a waste flow less than 2.0 MGY.
28. "National Pretreatment Standard, Pretreatment Standard, or Standard" means any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with Clean Water Act section
307(b) and (c) which applies to Industrial Users. This term includes prohibitive discharge limits established
pursuant to 40 CFR 403.5.
29.
or groundwater.
30.
1) Construction is carried out at a site at which no other source is located.
2) Construction totally replaces the process, or production equipment that produces, the wastewater at an
existing source, or
3) The wastewater producing process constructed is substantially independent of an existing source at the
same site.
31. "Nuisance" means anything which is injurious to health, or is offensive to the senses, or an obstruction
to the free use of property so as to interfere with the comfort or enjoyment of life or property, or which affects
at the same time an entire community or neighborhood or any considerable number of persons, although the
extent of the annoyance or damage inflicted upon individuals may be unequal.
"Moderate strength user" means users with a wastewater strength of less than three hundred
"Natural outler' means any outlet into a watercourse, ditch, pond, lake or other body of surface water
"New source" means an industrial user discharging, or planning to discharge, from a source at which:
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32. "Pass through" means the introduction of a pollutant by a user into the sewerage system which leaves
the treatment plant in quantities or concentrations that alone or in conjunction with other sources, cause a
violation of the City's discharge requirements.
33.
34.
the State of California and the United States of America.
35.
determined by approved methods.
36. "Pollutanl' means any substance which can cause pollution.
37. "Pollution" means an alteration of the quality of the receiving waters by waste to a degree which
unreasonably affects such waters for beneficial use or facilities which serve such beneficial uses. Pollution
may include, but not be limited to, contamination.
38.
City sewerage system.
39. "Private sewer, building sewer or house service sewer" means that part of the building sewer beginning
at the junction, thereof, with the building plumbing or drainage system and terminating at the property line or
at the easement line.
40. "Publicly Owned Treatment Works (POT means any devices and systems used in the storage,
treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. This
includes sewers, pipes, and other conveyances if they convey wastewater to a POTW treatment plant.
41. "Residential user" means a single-family house or each unit of a duplex, flat, group dwelling, apartment
or any other living accommodation which has facilities for sleeping and the preparation of food. whether
sanitary facilities connected to the collection system are provided for the occupants, thereof, whether or not
such sanitary facilities are installed therein or connected thereto; living accommodations designed or used
for short-term transient lodging which are rented to other than the controlling occupant of the premises shall
be considered as a commercial unit.
"Permil' means wastewater discharge permit issued by the Public Works Department.
"Person" means any individual, partnership, firm, association, corporation or public agency, including
"pH means the negative logarithm of the hydrogen-ion activity in moles per liter of solution as
"Pretreatment" means the treatment or flow limitation of industrial wastes prior to discharge into the
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42. "Settleable solids" means that portion of matter present in sewage, industrial waste or waters
introduced into the storm drains that readily settles out of the carrier liquid in a quiescent state as determined
by approved methods.
43.
residential, commercial. institutional and industrial purposes.
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use of the sewerage system.
45. "Sewage service unit or SSU is defined as each increment of flow equal to the flow from an average
two-bedroom residence ( two hundred and six gallons per day) and having a strength less than three
hundred milligrams per liter BOD and SS.
46. "Sewer" means a pipe or conduit which carries sewage and/or industrial wastes and to which storm,
surface and ground waters are not intentionally admitted. When used in this chapter, "sanitary sewer" means
those pipelines operated primarily for the collection of domestic sewage. "Industrial sewer" means those
pipelines operated primarily for the collection of industrial waste.
47.
sewage, industrial waste and/or storm water.
48. "Significant user" means all industrial users subject to Categorical Pretreatment Standards under 40
CFR 403.6 and 40 CFR Chapter I, Subchapter N; and any other industrial user that: discharges an average
of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact
cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5 percent or
more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated
by the Public Works Director on the basis that the industrial user has a reasonable potential for adversely
affecting the POlWs operation or for violating any pretreatment standard or requirement.
49.
or concentration.
50.
accidental spill or a noncustomary batch discharge.
"Sewage" means the waterborne wastes received from human habitation and use of premises for
"Sewage service charge" means a regular charge for each user based upon each user3 proportional
"Sewerage system" means all works for collecting, pumping, treating, disposing, storing or reclaiming
"Slug" means a sudden large increase or decrease (factor of two or more) from normal waste volume
"Slug discharge" means any discharge of a non-routine. episodic nature including but not limited to, an
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51.
stormwater or surface or subsurface drainage water.
52.
"Suspended solids" or "SS or 'TSS" means that portion of residue present in sewage, industrial waste, or
waters introduced into the storm drains that is retained on a filter (nonfilterable) as determined by approved
methods.
54 'Treatment planl' means the White Slough Water Pollution Control Facility of the City, and includes but
is not limited to the domestic sewage treatment facilities, industrial waste treatment facilities, sludge disposal
facilities, and irrigatable lands.
55. "Unpolluted water means water to which no constituent has been added, either intentionally or
accidentally, which would render such water unacceptable to the agency having jurisdiction, thereof, for
disposal to the storm drain system or natural drainages or directly to surface waters.
56.
stormwater into a sewerage system.
57. 'Waste'' includes sewage and any and all other waste substances, liquid, solid, gaseous, or
radioactive, associated with human habitation, or of human or animal origin, or from any producing, washing,
manufacturing or processing operation of whatever nature, including such waste placed within containers of
whatever nature prior to, and for purposes of, disposal.
58.
enter a sewer.
59. 'Wastewater constituents and characteristics" means the individual chemical, physical, bacteriological
and radiological parameters and such other parameters that serve to define, classify or measure the
contents, quality and strength of wastewater as determined by a state certified laboratory, and the volume,
rate of flow or other parameters that serve to define quantity.
60.
sewerage system. (Prior code 20-2)
"Storm drain System" means any portion of the sewerage system used for the conveyance of
"Storm sewer" means those pipelines operated primarily for the collection of stomaters.53.
"User means any person that discharges, causes or permits the discharge of wastewater or
'Wastewater means waste and water, whether treated or untreated, discharged into or permitted to
'Wastewater discharge permil' means a permit issued by the City for a user to discharge into a
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Article II. Discharge Restrictions
13.12.030
Prohibited discharges. No person shall discharge into the sewerage system, natural outlet, street or earth
surface, wastes which cause, threaten to cause, or are capable of causing, either alone or by interaction with
other substances, any of the following:
A. Fire or explosion or injury in any way to the sewerage system or the operation of the treatment plant.
Prohibited materials include, but are not limited to, gasoline, kerosene, alcohols, solvents. sulfides, or any
other substance with a closed cup flashpoint of less than 140 degrees Fahrenheit or (sixty degrees Celsius)
using the test methods specified in 40 CFR 261.21 or which causes two consecutive readings on an
explosion hazard meter at any point in the sewerage system to be more than five percent (5%), or any single
reading more than ten percent (10%) of the Lower Explosive Limit (LEL);
6. Obstruction of flow in a sewerage system or injury of the system or damage to the sewerage collection,
or treatment facilities by ashes, cinders, sand, mud, grit, straw, offal, shavings, metal, glass, rags, feathers,
tar, plastics, wood, sawdust, manure or other solid or viscous substances capable of causing obstruction of
the flow or other interference with the proper operation of the sewerage system as determined by the Public
Works Director;
C.
within the POW per 40 CFR 403.5(B)(b)(7);
D.
having or creating a strong, unpleasant odor;
E.
F.
sludge or scum processing and disposal;
G.
condition unacceptable to any public agency having regulatory jurisdiction over the City;
Acute worker health and safety problems resulting from the presence of toxic gases, vapors, or fumes
A nuisance or prevention of the effective maintenance or operation of the sewerage system, through
Air pollution by the release of toxic or malodorous gases or malodorous gas-producing substances;
Interference or pass through at the treatment plant affecting wastewater treatment, land disposal, or
A detrimental environmental impact or a nuisance in the waters or wastewaters of the state or a
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H. Discoloration, or any other condition, in the quality of the City’s treatment plant effluent and/or stom
system discharge in such a manner that receiving water quality requirements established by law or other
contracts cannot be met by the City;
I.
ordinance of any public agency of state or federal regulatory body;
J. Quantities or rates of flow or pollutants which cause interference or overload the City’s sewerage
system or treatment facilities or cause excessive City collection or treatment costs or hamper treatment
facility operation;
K.
but in no case a pH lower than 5.0 is allowed per federal regulations;
L.
M.
N.
local limits:
Conditions at or near the Cis treatment facilities which violate any statute or rule, regulation or
Pollutants which can cause corrosive structural damage to the sewerage system or treatment facilities,
Influent to the treatment plant to be over one hundred four degrees fahrenheit (forly degrees Celsius);
Waters or waste with a pH factor lower than 6 or higher than 10;
Any discharge which has an average daily concentration exceeding the following technically based
Maximum Allowable
Toxicant Concentration (mg/L)
Arsenic 2.5
Cadmium 0.5
Chromium, total 29
Copper 3.0
Cyanide, total I .4
Lead 4.0
Mercury 0.8
Nickel 13
Silver 2.9
Zinc 3.5
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0. Discharges of new or increased contributions of pollutants, or changes in the nature of pollutants, to
the POTW by Industrial Users where such contributions do not meet applicable Pretreatment Standards and
Requirements or where such contributions would cause the POTW to violate its NPDES permit per 40 CFR
403.8(f)( 1 )(i);
P.
interference or pass through;
Q. Discharges which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261;
R. Discharges containing concentrations of tetrachloroethylene (PCE) or trichloroethylene (TCE)
exceeding five micrograms per liter for any grab sample. (Ord. 1501 5 1 (part), 1990)
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origins in amounts that will cause
13.12.040
Storm drainage and groundwater. Rainwater, groundwater, street drainage, subsurface drainage, mof
downspouts, exterior foundation drains, groundwater from cleanup operations, or other sources of drainage
water shall not be discharged through direct or indirect connections into a domestic system. (Ord. 1501 § 1
(part), 1990)
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13.12.060
Septic tanks. No person shall use a septic tank for disposal of wastewater if the property to be served is
within one hundred feet of the domestic system unless permitted by the Public Works Director. Where such
domestic sewer exists and buildings are inhabited or used by human beings, the property owner@) shall
install lateral service connection@) in accordance with this chapter. (Ord. 1501 5 1 (part), 1990)
13.12.070
Radioactive wastes.
sewerage system except:
A.
governmental agency empowered to regulate the use of radioactive materials; and
6.
(California Administrative Code, Title 17) and the Nuclear Regulatory
recommendations for safe disposal; and
C.
agencies. (Ord. 1501 5 1 (part), 1990)
No person shall discharge or cause to be discharged any radioactive waste into a
When the person is authorized to use radioactive materials by the State Department of Health or other
When the waste is discharged in strict conformity with current California Radiation Control Regulations
Commission regulations and
When the person is in compliance with all rules and regulations of all other applicable regulatory
13.12.080
Garbage grinders.
A. Wastes from garbage grinders shall not be discharged into a domestic sewer system except:
1. Wastes generated in normal preparation of food by residential users; or
2. Where the user has obtained a permit for that specific use from the City, and agrees to undertake
whatever self-monitoring is required to enable the Public Works Director to equitably determine the user
charges based on the waste constituents and characteristics.
6. Garbage grinders must shred the waste to a degree that all particles will be carried freely under normal
flow conditions prevailing in the domestic sewer. Garbage grinders shall not be used for grinding plastic,
paper products, inert materials or garden refuse. (Ord. 1501 5 1 (part), 1990)
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13.12.090
Direct discharge - Use of service sewer.
or other opening in a sewerage system except through an approved private sewer or house sewer lateral.
(Ord. 1501 5 1 (part), 1990)
No person shall discharge any substances directly into a manhole
13.12.100
Holding tank waste. A user proposing to discharge holding tank domestic waste into a domestic sewer
must secure a permit for each separate discharge. This permit shall state the specific location of discharge,
the time of day the discharge is to occur, the volume of the discharge, the wastewater constituents and
characteristics and origin of such wastes. Holding tank wastes discharged at the treatment plant facilities
may be given a discharge permit which would apply to more than one separate discharge at the discretion of
the Public Works Director. If a permit is granted for discharge of such waste into the domestic sewer, the
user shall pay the applicable user charges and fees and shall meet such other conditions as required by the
Public Works Director. (Ord. 1501 3
13.12.110
Restricted discharges. No person
(part), 1990)
\all discharge or cause to be discharged to a sewerage system any of
the following without first obtaining a wastewater discharge permit that specifically permits such waste
discharge characteristics:
A.
not;
6. Discharges containing phenols or other taste-producing and odor-producing substances in
concentrations exceeding limits which may be established by the Public Works Director as necessary to
meet water quality requirements;
C. Slug discharges into the collection system at temperatures exceeding one hundred forty degrees
Fahrenheit (sixty degrees Celsius) or exceeding one hundred ten degrees Fahrenheit (forty-three degrees
Celsius) for any eight-hour period;
Discharges containing metal pickling or etching wastes or plating solutions, whether neutralized or
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D. Materials which exert or cause in the sewerage system or receiving waters unusual concentrations
either of inert suspended solids (such as, but not limited to, soil solids, fuller's earth, lime slurries, lime
residues, plastics, or ash);
E. Discharges containing fixed total dissolved solids (such as, but not limited to, sodium chloride,
sodium sulfate, or other inorganic salts) in such quantities to cause the effluent TDS of the treatment plant to
exceed five hundred milligrams per liter. (Ord. 1501 § 1 (part), 1990)
13.12.115
Grease, oil, and sand interceptors. Grease, oil, and sand interceptors shall be provided by the discharger
when they are necessary for the proper handling of wastes containing grease in excess of one hundred fifty
milligrams per liter of animal and vegetable origin and fifty milligrams per liter of mineral origin, or any
flammable wastes, sand, grit and other harmful ingredients. All interceptors shall be of a type and capacity
approved in writing, prior to installation, by the Public Works Director, and shall be located so as to be readily
and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of
impelvious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of
substantial construction, watertight, usually a minimum of one thousand gallons and equipped with easily
removable covers which, when bolted in place, are gastight and watertight. Grease and/or oiVsand
interceptors shall be constructed in any place or building having a capacity to serve group meals or
commercial and industrial cleaning facilities. Where installed, all grease, oil, sand and grit interceptors shall
be maintained by the owners at owner's expense in continuous efficient operation at all times. Materials
collected shall not be reintroduced into the sewerage system. Records of all maintenance, cleaning, and
hauling of materials shall be maintained by the owner and such records shall be available at all times for
inspection by City personnel. (Ord. 1501 5 1 (part), 1990)
13.12.120
Federal pretreatment requirements. Users in industrial categories subject to the categorical pretreatment
standards development by the EPA under the Clean Water Act of 1977 (PL 95 217) 33 U.S.C. 1251 et seq.
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are required to achieve limitations based on Best Practical Control Technology (BPT) immediately and Best
Available Technology Economically Achievable (BAT) by July 1, 1983, in accordance with Sections 301 and
304. New sources are required to comply with New Source Performance Standards (NSPS) based on Best
Available Demonstrated Control Technology (BDT) for industrial users in terms of concentration and
equivalent mass values. Users must comply with pretreatment standards promulgated pursuant to Section
307 and the Federal register 40 CFR Subchapter IV. Dilution of any discharge may not be used to comply
with any pretreatment standards. Categorical industrial users must submit Baseline Monitoring Reports,
compliance schedule reports, 90 day compliance reports, and periodic reports on continued compliance as
required including identifying information per 40 CFR 403.12(1) and such reports must be signed by an
authorized representative of the industrial user and meet certification requirements of 40 CFR 403.6(a)(2)(ii)
and 403.12(b)(6) and be retained for a minimum of three years (or period of litigation, whichever is longer).
The City may issue standards more stringent than the federal standards if the Public Works Director
determines that the limitations in the federal standards are not sufficient to:
A.
B.
National Pollutant Discharge Elimination System (NPDES) permit.
c. Meet technically based local limits, which must be calculated per federal pretreatment program
guidelines. The City must annually provide public notification of industrial users which during the previous 12
months significantly violated applicable pretreatment standards. (Ord. 1501 5 1 (part), 1990)
Protect the operation of the City’s treatment facilities; or
Comply with water quality standards, sludge disposal or effluent limitations specred in the City’s
13.12.130
Industrial waste permits. Source control of industrial discharges shall be accomplished by use of a permit
and monitoring system as described in this chapter. Discharge of industrial waste from any person within
the City onto land or to any natural outlet may be permitted only if the discharge complies with all
requirements of the Regional Water Quality Control Board and of all other local, state and federal laws and
regulations. (Ord. 1501 5 1 (part), 1990)
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13.12.140
Other legal restrictions. Nothing contained in this chapter shall be construed to limit any additional
requirements that may be imposed by the County Health Officer, by the Regional Water Quality Control
Board, Fish and Game, or by other governmental agencies having jurisdiction. (Ord. 1501 5 1 (part), 1990)
13.12.150
Connections outside City.
allowed into the sewerage or storm drainage systems. (Ord. 1501 5 1 (part), 1990)
No discharge from facilities or properties outside the limits of the City shall be
13.12.160
Screening of industrial waste. No person shall discharge or cause to be discharged to the industrial system
an industrial waste that is too large to pass through or, has not been pretreated by being passed through, a
screening device with a maximum screen opening of 1.5 millimeters. (Ord. 1501 5 1 (part), 1990)
Article Ill. Service Charges and Capacity Fees
13.12.170
Classification. All users shall be classified for wastewater collection. treatment and disposal purposes in
accordance with the principal activity conducted by the person, or the quantity and quality of discharge, as
determined by the Public Works Director. The purpose of classification is to facilitate the regulation of
wastewater discharge based on quantity and quality of flow, to provide an effective means of industrial waste
source control, and to establish a system of sewage service charges and capacity fees which will ensure, but
not be limited to, the recovety of City capital, operating and maintenance costs in an equitable manner. It is
the responsibility of the user to provide the City a reasonable estimation of wastewater quantity and quality,
or other applicable units of measure, and any increases thereof, for the purpose of classification and
assessment of service charges and capacity fees. (Ord. 1501 5 1 (part), 1990)
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13.12.180
Domestic system service charges.
A.
oxygen demand (BOD) and suspended solids (SS) of wastes discharged.
8. Applicability. Those residential, commercial and industrial users whose discharge of wastes classify
them as a moderate-strength user and those dischargers of industrial and commercial wastes that classify as
high-strength users shall pay charges as determined in this section. Determination of the category for each
specific user shall be made by the Public Works Director.
C. Moderate-strength Users. All moderate-strength users shall be assigned sewage service units. The
minimum sewage service units assigned to any commercial and industrial user shall be 1.0 unit. Service
charges for moderate-strength users shall be determined by multiplying the cost of one sewage Service unit
by the number of sewage Service units assigned to each user.
1,
as follows:
Number of Sewage Service
Bedrooms Units
1 0.75
2 1 .oo
3 1.25
4 1.50
5 1.75
6 2.00
7 2.25
Basis. Charges for use of the domestic system shall be determined by the volume, biochemical
Residential user sewage service units shall be based upon the number of bedrooms per dwelling unit
2. Commercial and industrial user sewage service charges shall be based on the number of sewage
service units assigned to each user. The unit of measure for determining the number of sewage service units
assigned to each user are as follows:
User Description Unit of Measure
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1.
2.
3.
4.
5.
6.
7.
a.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Meeting place, religious
Meeting place, public
Hotel, motel without kitchenettes
Hotel, motel with kitchenettes
Veterinary clinic
Post office
Funeral parlor
Service station with service garages
Service station without service garages
Car wash, automatic bay
Car wash, self serve bays
School, 8th grade and below
High school
Eating place, seating only
Eating place, seating and take-out.
Eating place, "pizza parlor"
Eating place, take-out only
Lunch truck business
Laundry, coin-op., reg. mach.
Laundry, win op., big mach.
Comm. laundry and dry cleaning
Dentist's office
Office, store, warehouse, manufacturer,
Doctor's, Chiropractor's and X-ray
offices
Grocery Store, Supermarket (Having
vegffruit or butcherlmeat sections)
Each 200 seats
Each 100 seats
Each 3 beds
Each unit
Each 4 employees
Each 15 employees
Each 3 employees
Each 2.5 pumps
Each 7 pumps
20 SSU's per bay
2 SSUs per bay
Each 20 students
Each 15 students
Each 10 seats
Each 7 seats
Each 35 seats
Each 5 employees
Each 5 employees
Each 1.5 machines
Each machine
Each 3 employees
Each 5 employees
Each 8 Employees
Each 4 employees
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25. Bar Each 20 seats
26. Barber, beauty shop Each 3 workstations
27. Hospital, convalescent home Each 3 beds
28. Rest and retirement home Each 3 beds
29. Mobile home park Each 1.33 pads
30. RV dump station Each station
One sewage service unit shall be assigned to each unit of measure. Fees shall be based on a minimum of
one sewage service unit and fractions of sewage service units thereafter. At the discretion of the Public
Works Director, a commercial user's service charges andlor capacity fees may be based on actual
wastewater discharge flows estimated by use of an influent water meter or other appropriate means.
D. High-strength Users.
1.
flow, BOD, and SS discharged annually.
2.
and SS by the cost for each characteristic. (Ord. 1501 § 1 (part), 1990)
E. Significant users.
All significant users shall be assessed two additional sewage service units in service charges to cover the
City's costs of meeting Federal Pretreatment Program requirements.
All high-strength user sewage service charges shall be determined based upon the actual quantity of
The sewage service charge shall be determined by multiplying the quantity of discharged flow, BOD,
13.12. I90
Domestic system capacity fees. The capacity fee shall cover the capital cost associated with the POW
capacity which will be utilized by the discharger. Any actual costs incurred by the City in making the physical
connection (tap) shall be separate and in addition to the capaclty fee described in this section.
A. Moderate-strength user capacity fees shall be based on a rate per sewage service unit as assigned
under Section 13.12.180. The capacity fee for a new commercial or industrial user shall be a minimum of
one sewage service unit, and additions or modifications shall be prorated to fractions of sewage service units.
18
B. High-strength user capacity fees shall be based on a unit rate for flow, BOD and SS. The estimated
annual quantities of each characteristic shall be justified to, and approved by, the Public Works Director for
the purpose of determining the capacity fee. (Om'. 1501 5 1 (part). 1990)
C.
section.
City projects and projects funded by the City are exempt from capacity fees as described in this
13.12.195
Downtown business district capacity fees.
A. The City council finds and declares that the downtown area of Lodi as defined in this patt, which is the
traditional center of the City's business community, is presently in danger of losing economic viability. The
purpose of this section is to protect a crucial part of Lodi's economy and preserve a portion of the City's
heritage by offering incentives for businesses to locate, relocate or expand existing commercial uses within
this area.
B. For purposes of this section, the "downtown business districl' shall mean an area whose boundaries
are the same as those for the area subject to the City of Lodi Bond issue, Series 1984-1, dated
May 24,1984, more particularly described in the bond documents and map on file with the City clerk's office.
C. Any permitted commercial use which locates, relocates or expands within the downtown business
district as defined shall be responsible for a maximum capacity fee not to exceed that for two sewage sewice
units (SSU's) where the SSU's (or equivalent SSU's) being assessed, as established in Section 13.12.190 of
this code are eight or less SSU's. If the SSU's (or equivalent SSU's) being assessed are greater than eight,
the commercial use shall be responsible for two SSU's plus the assessed (or equivalent) SSU's over eight.
D. Notwithstanding any exemption granted under this section, the monthly or annual sewage fees set by
City council from time to time for any commercial use locating, relocating or expanding within the downtown
business district, shall be calculated on the full number of sewage service units which the use would have
otherwise been responsible for under Section 13.12.180 of this code if such use was located outside the
downtown business district. (Ord. 1511 5 1, 1991)
19
13.12.200
Industrial system service charges.
A. Industrial system sewage service charges shall be determined based upon the actual quantity of flow
and BOD discharged annually. The unit cost for each characteristic will be determined annually and
multiplied by each user's measured effluent characteristics. The total of the two characteristic fees shall be
the annual sewage service charge.
B. The unit cost for each characteristic shall be determined by distributing the total operation,
maintenance and capital costs to each characteristic at a proportionate rate and dividing each proportionate
cost by the total annual quantity of each characteristic discharged to the system. (Ord. 1501 § 1 (part), 1990)
13.12.21 0
Industrial system capacity fees. Fees shall be determined on an individual basis by the Public Works
Director and shall be, in part, based upon the value of existing capacity to be utilized andlor the cost of
providing additional new capacity. The capaclty fee shall be based on a unit rate for flow and BOD.
(ord. 1501 5 1 (part), 1990)
13.12.21 5
Adjustments and additions.
A. When it is found that a reasonable estimation of wastewater quantity or
quality, or other applicable units of measure, have not been used for the assessment of sewage service
charges the City has the right to make adjustments as determined by the Public Works Director.
Undercharges for the period of incorrect billing up to three years, per California Code of Civil Procedures,
Section 338, are due and payable on demand and overcharges will be credited.
B. Capacity fee adjustments. Any user, after one full year of operating data is available, may request the
Public Works Director to make an adjustment, or the Public Works Director may institute an adjustment, if a
significant variation exists between the estimated and actual wastewater quantity or quality, or other
Service charge adjustments.
20
applicable units of measure. Increases in capacity fees shall be due and payable on demand at the time the
Public Works Director makes the fee adjustment and decreases will be credited.
C. Capacity fee additions. When a user has in the opinion of the Public Works Director significantly
increased either wastewater quantity or quality or units of measure over what was used for all previous
capacity fee calculations, additional capacity fee charges shall be assessed for the additional wastewater
treatment capacity utilized. Such additional capacity fees shall be due and payable on demand at the current
rate at the time the Public Works Director makes the determination. (Ord. 1501 5 1 (part). 1990)
13.12.220
Storm drain and cooling water service charges.
A.
City's storm drain system will be established by resolution.
B. The City shall estimate and determine the amount of storm, cooling water or construction flush waters
deposited into the City's storm drains unless the user of the selvice elects to provide, install and maintain in
good working order an integrating meter satisfactory to the City for the purposes of measuring such storm,
cooling water or construction flush waters.
C. In determining the amount of storm, cooling water or construction flush waters deposited into the City's
storm drain system, no charge shall be made for the storm waters or minor imgation waters or drainage from
roofs, pavements or hard-surfaced areas within the City limits. Where such drainage is metered along with
construction flush water, a credit of one thousand two hundred fifty gallons per year for each one hundred
square feet, as projected and measured upon a horizontal plane, of such drainage area tributary to the meter
shall be allowed. Where roofs or other areas are sprinkled or flushed, such flushing or sprinkling waters shall
be included in the quantities for billing purposes. (Ord. 1501 5 1 (part), 1990)
The rate for disposal of stormwaters, cooling water discharges, or construction flush waters into the
13.12.230
Holding tank waste charges. The charge for a discharge of holding tank wastes shall be based on the
method for determining charges for the high strength user in the domestic system as outlined in Section
21
13.12.180(D). Characteristics of BOD and SS shall be determined by random sampling of holding tank waste
discharges. (Ord. 1501 5 1 (part), 1990)
13.12.240
Charges and fees. The schedule of charges and fees for domestic system service charges and capacity
fees, industrial system service charges and capacity fees, storm drain service charges, inspection sampling
and analysis charges, and holding tank waste charges will be those established and adopted by the City
council from time to time by resolution. (Ord. 1501 5 1 (part), 1990)
13.12.250
Billing and collections.
code. (Ord. 1501 5 1 (part), 1990)
All billing and collections for service charges shall be per Section 13.04.030 of this
13.12.260
Appeals. The owner or occupants of any premises who finds that the charges and/or fees provided for in
this article are unjust or inequitable may make application to the Public Works Director to have the fees
modified, in accordance to Section 13.12.590. A commercial or industrial discharger, after one full year of
operating data is available, may request the Public Works Director to make an adjustment, or the Public
Works Director may institute an adjustment, if a significant variation exists between the estimated and actual
quantities for each characteristic. Increases in capacity fees shall be due and payable on demand at the time
the Public Works Director makes the fee adjustment and decreases will be credited. Increases or decreases
in sewage service charges shall be implemented in the next billing following the determination by the Public
Works Director that adjustment is appropriate.
Where water usage is metered, the estimated sewer flows may be compared to a two-bedroom residence
(one SSU) to determine or adjust the capacity fee or sewage service charge. (Ord. 1501 5 1 (part), 1990)
22
Article IV. Construction Generally.
13.12.270
Permit. No unauthorized person shall uncover, make any connection with or opening into, use, alter or
disturb any sewerage system or appurtenances, thereof without first obtaining a written permit from the
Public Works Director. (Ord. 1501 5 1 (part), 1990)
13.12.280
Design standards. All construction of public sewerage systems or appurtenances thereof shall conform to
the design criteria, the standard plans and specifications and the inspection and testing procedures in
accordance with current City public improvement design standards. (Ord. 1501 5 1 (part), 1990)
13.12.290
Application for service. Whenever a property owner is desirous of obtaining sewer service where no
adequate sewer system exists, an application shall be made to the Public Works Director for sewer service in
accordance with Article V of this chapter. (Ord. 1501 5 1 (part), 1990)
Article V. Extensions
13.12.300
Purpose. The City council is desirous of adopting a sewer service and extension policy that is fair and
equitable to all developing properties and that provides that the cost of extension shall be distributed among
subsequently developing properties connecting thereto. For purposes of this article, storm drains shall be
considered as sewers except as specifically stated otherwise. (Ord. 1527 5 5, 1991; Ord 1501 5 1 (part),
1990)
23
13.12.310
Application. Whenever a property owner is desirous of obtaining sewer service, an application shall be
made to the Public Works Director for sewer service. The Public Works Director shall determine the closest
adequate sewer and, if an extension is necessary, indicate the size of the main to be extended and the limits
of the extension. (Ord. 1501 5 1 (part), 1990)
13.12.320
Applicant's obligation. Whenever the Public Works Director determines that a sewer extension is
necessary, the applicant will be required to install, at the applicanrs own expense, the sewer extension in
accordance with engineering plans furnished by applicant and approved by the Public Works Director. The
plans shall be prepared in accordance with the City design standards. (Ord. 1501 5 1 (part), 1990)
13.12.330
Extension for full frontage width. In every case where a sewer is to be tapped to serve a parcel, the same
shall be extended the full frontage of the parcel unless the Public Works Director determines that the sewer
will not need to be extended to serve any other properties. (Ord. 1501 § 1 (part), 1990)
13.12.340
Minimum diameter. The minimum size sewer main shall have a nominal inside diameter of six inches. The
minimum size storm drain shall have a nominal inside diameter of twelve inches. Larger size mains may be
required as determined by the Public Works Director in accordance with the City public improvement design
standards or the City master sewer and storm drain plans. (Ord. 1527 5 7, 1991; Ord 1501 § 1 (part), 1990)
13.12.370
Reimbursement - Ovemize mains. Wherever the City requires that a sewer main larger than ten inches in
diameter or a storm drain larger than eighteen inches in diameter be installed in order to serve additional
property or to conform to the applicable master plan, the applicant shall be reimbursed for the oversized pipe.
24
The reimbursement shall be based on the difference in cost between the actual pipe to be installed and a ten-
inch sewer or eighteen inch storm drain as applicable. The difference in cost shall be determined by the
Public Works Director. The reimbursement shall be made in accordance with Chapter 16.40.
(Ord. 1527 5 7, 1991; Ord 1501 5 1 (part), 1990)
Article VI. Administration
13.12.420
Discharge reports. In addition to the federally required reports described in section 13.12.120, the City may
require that any high-strength user discharging, or proposing to discharge, wastewater into a sewerage
system, file a periodic discharge report. The discharge report may include, but not be limited to, nature of
process, volume, rates of Row, mass emission rate, temperature, pH, production quantities, hours of
operation, number and classification of employees, chemicals and materials stored or used, or other
information which relates to the generation of waste including characteristics in the wastewater discharge.
Such reports shall also include the chemical characteristic and quantity of liquid or gaseous materials used
annually as well as those stored on site, even though the latter may not normally be discharged. AH reports
are due 14 days after the conclusion of monitoring or receipt of the laboratory analysis report and must be
signed by an authorized representative of the industrial user. All such reports shall be retained for a period of
three years (or period of litigation, whichever is longer), and shall be made available for inspection and
copying by the City. In addition to discharge reports, the City may require information in the form of
wastewater discharge permit applications and self-monitoring reports. (Ord. 1501 5 1 (part), 1990)
13.12.430
Discharge permit - Required. All significant users proposed to connect or to discharge into a sewerage
system after the effective date of the ordinance codified in this chapter must obtain a wastewater discharge
permit before connecting to, or discharging into, a sewerage system. All existing significant users connected
25
to, or discharging into, a sewerage system must apply for a wastewater discharge permit within one hundred
eighty days after the effective date of the ordinance codified in this chapter. (Ord. 1501 5 1 (part), 1990)
13.12.440
Discharge permit - Optional.
user in accordance with the terms of this article in the following categories:
A.
B.
of pretreatment, process changes or other reasons;
C.
who discharges only domestic waste. (Ord. 1501 5 1 (part), 1990)
The Public Works Director may issue a wastewater discharge permit to any
A user who requires the user charges and fees to be based on an estimation of wastewater flow;
Any user whose wastewater strength is less than the normal range for the user classification because
Any single dwelling, office, commercial business, lodge, apartment, church or multi-use building user
13.12.450
Discharge permit - Application.
A.
application in the form prescribed by the Public Works Director, and accompanied by any applicable fees.
The applicant may be required to submit, in units and terms appropriate for evaluation, the following
information:
1.
2.
3.
this chapter;
4.
5.
6.
application. This may include, but is not limited to, the following:
Users seeking a wastewater discharge permit shall complete and file with the Public Works Director an
Name, address and SIC number of applicant;
Volume of wastewater to be discharged;
Wastewater constituents and characteristics including, but not limited to, those mentioned in Article II of
Time and duration of discharge;
Average and peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
Any other information determined necessary by the Public Works Director to evaluate the permit
26
a.
details to show all sewers and appurtenances by size, location and elevation,
b.
and types of materials which are, or could be, discharged,
c. Each product produced by type, amount and rate of production,
d. Number of employees and hours of work.
B. All wastewater discharge permit applications and user reports must be signed by an authorized
representative of the user and contain the following certification statement: "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."
C. The Public Works Director will evaluate the data furnished by the user and may require additional
information. After evaluation and acceptance of the data furnished, the Public Works Director may issue a
wastewater discharge permit subject to terms and conditions provided in this article.
D. Users must notify the Public Works Director of any planned significant changes to the user's operations
or system which might alter the nature, quality, or volume of its wastewater at least thirty days before the
change. (Ord. 1501 5 1 (part), 1990)
Site plans, floor plans, mechanical. and plumbing plans, water supply and discharge information and
Description of activities, facilities and plant process on the premises including all materials, processes
13.12.460
Discharge permit - Conditions. Wastewater discharge permits shall be expressly subject to all provisions of
this chapter and all other regulations, user charges and fees established by the City council. The conditions
of wastewater discharge permits shall be uniformly enforced by the Public Works Director or assigned agent
in accordance with this chapter, and applicable state and federal regulations. Permits may contain the
following:
27
A.
sewerage system;
B.
charges, if collected annually;
C.
D.
E.
F. Pretreatment requirements;
G. Specifications for monitoring programs which may include sampling locations, frequency and method
of sampling, number, types as specified in 40 CFR 403.12(b)(5) and (g)(4) and standards for tests as
specified in 40 CFR 136 and reporting schedule;
H.
I.
and affording the City access thereto;
J.
defined in Article I of this chapter) are proposed or present in the user's wastewater discharge;
K.
chapter and federal and state regulations;
L.
(Ord. 1501 § 1 (part), 1990)
The unit charge or schedule or user charges and fees for the wastewater to be discharged to the
The collection of capacty fee, inspection fee and prepayment for the prorated portion of annual user
The average and maximum wastewater characteristics;
Limits on rate and time of discharge or requirements for flow regulations and equalization;
Requirements for installation of inspection, monitoring, and sampling facilities;
Requirements for submission of technical repork or discharge reports;
Requirements for maintaining plant records relating to wastewater discharge as specified by the City,
Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants (as
Other conditions as deemed appropriate by the Public Works Director to ensure compliance with this
Requirements for "slug discharge" plans as required by 40 CFR 403.8(f)(2)(v).
13.12.470
Discharge permit - Term - Changes - Renewal. Permits shall be issued for a specified time period, not to
exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a
specific date. A user discharging after the expiration date of the permit shall be considered in violation of this
chapter. It is the responsibility of the user to apply for a new discharge permit 60 days before the expiration
date of their existing permit. The terms and conditions of the permit may be subject to modification and
28
change by the City during the life of the permit, as limitations or requirements stipulated in this chapter are
modified and changed. The user shall be informed of any proposed changes in user's permit at least thirty
days prior to the effective date of change. Any changes or new conditions in the permit shall include a
reasonable time schedule for compliance. (Ord. 1501 5 1 (part), 1990)
13.12.480
Discharge permit - Transfer. Wastewater discharge permits are issued to a specific user for a specific
operation, A wastewater discharge permit shall not be assigned, transferred or sold to a new owner, new
user, different premises or a new or changed operation without prior written approval of the Public Works
Director. (Ord. 1501 5 1 (part), 1990)
13.12.490
Discharge permit - Suspension. A permit may be temporarily suspended at any time if it is the Public Works
Director's opinion that the continued discharge of the waste or water into the sewerage system would
substantially jeopardize the ability of the treatment facilities or sewerage system to meet water quality
requirements or would cause an unsafe condition to occur. In lieu of temporary suspension of permits, the
Public Works Director may impose such temporary restrictions, conditions or limitations upon the quantities,
qualities and rates of discharge made thereunder as deemed necessary to assure that the receiving water
quality requirements will not be violated or to alleviate the unsafe condition. Notice of the temporary
suspension or the imposition of temporary restrictions. conditions or limitations shall be given in writing by the
Public Works Director to the permittee at least twenty-four hours prior to their effective date. Delivery of the
notice to the permittee's place of business shall constitute delivery of notice to permittee. (Ord. 1501 5 1
(part), 1990)
13.12.500
Discharge permit - Revocation.
chapter, or applicable state and federal regulations, is subject to having this permit revoked:
Any user who violates the following conditions of the permit or of this
29
A.
B.
and characteristics;
C.
monitoring of all possible sources of pollution;
D.
E.
Failure of a user to factually report the wastewater constituents and characteristics of their discharge;
Failure of the user to report in advance significant changes in operations or wastewater constituents
Refusal of reasonable access to the usel's premises andlor records for the purpose of inspection or
Failure to pay City utility bills ;
Violation of conditions of the permit. (Ord. 1501 5 1 (part), 1990)
13.12.510
Monitoring facilities.
A. The Public Works Director may require the user to construct and maintain, at the user's expense,
monitoring facilities which meet all government safely regulations (OSHA) to allow inspection, sampling, and
flow measurement of the building sewer or internal storm drainage systems and may also require sampling or
metering equipment to be provided, installed, operated and maintained at the user's expense. The
monitoring facility should normally be situated on the user's premises, but the Public Works Director may,
when such a location would be impractical or cause undue hardship on the user or the City, require the
facility to be constructed in the public right-of-way and located so that it will not be obstructed by landscaping
or parked vehicles.
B. When the monitoring facility is inside the user's fence, there shall be accommodations to allow access
for the Public Works Director or designated representative, such as a gate secured with a City lock. There
shall be ample room in or near such monitoring facility to allow accurate sampling and compositing of
samples for analysis. The monitoring facility shall be maintained at all times in a safe and proper operating
condition at the expense of the user.
C. Whether constructed on public or private property, plans and specifications shall be approved by the
Public Works Director and be in accordance with all applicable City construction standards and
specifications. Construction shall be completed within sixty days following written notification by the City,
unless a time extension is otherwise granted by the City. (Ord. 1501 5 1 (part), 1990)
30
13.12.520
Inspection. sampling, monitoring, and analysis. The Public Works Director or designated representative
may inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all
requirements are being complied with. Persons or occupants of premises where wastewater is created or
discharged shall allow the Public Works Director or designated representative ready access at all reasonable
times to all parts of the premises for the purposes of inspection or sampling or in the performance of any of
their duties. The Public Works Director or designated representative shall have the right to set up on the
user's property such devices as are necessary to conduct sampling or metering operations and be allowed to
copy any of the user's discharge records. All user discharge records shall be retained for a minimum of three
years per 40 CFR 403.12(0). Where a user has security measures in force which would require proper
identification and clearance before entry into their premises, the user shall make necessary arrangements
with ih security guards so that upon presentation of suitable identification. the Public Works Director or
designated representative will be permitted to enter without delay for the purposes of performing their specific
responsibilities. The user will be charged a fee to recover the costs for inspections (investigations), sampling,
monitoring, and analyses performed by the City for purposes of billing and insuring compliance with all
regulations. (Ord. 1501 5 1 (part), 1990)
13.12.530
Accidental discharge prevention.
A Each user shall provide protection from accidental discharge of prohibited materials or other wastes
regulated by this chapter. Such facilities shall be provided and maintained at a level of operation comparable
to that of the original construction at the user's expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the Public Works Director before construction of
the facility.
31
6. The review of such plans and operating procedures by the Public Works Director will in no way relieve
the user from the responsibility of modifying the facility to provide the protection necessary to meet the
requirements of this chapter. (Ord. 1501 5 1 (part), 1990)
C. If any wastewater is spilled onto any surface or area in such a manner where there is the possibility of
contact with any person, that wastewater shall be cleaned up at the expense of the property owner or a
designate within a reasonable time as determined by the City, or the City will clean up the spilled wastewater
and bill the property owner or designate for the cleanup. If warranted, or as directed by the City, property
management must adequately notify tenants and post area of spill with warning signs.
13.12.540
Confidential information.
A. All information and data on a user obtained from reports, questionnaires, permit application, permits
and monitoring programs and from inspections shall be available to the public or other governmental agency
without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the
Public Works Director that the release of such information would divulge information, processes or methods
that would be detrimental to the user's wmpetiive position.
6. When requested by the person furnishing a report, the portions of a report which might disclose trade
secrets or secret processes shall not be made available for inspection by the public, but shall be made
available to governmental agencies for use in making studies per 40 CFR 403.14; provided, however, that
such portions of a report shall be available for use by the state or any state agency in judicial review or
enforcement proceedings involving the person furnishing the report. Wastewater constituents and
characteristics will not be recognized as confidential information. (Ord. 1501 5 1 (part), 1990)
13.12.550
Special agreements. Special agreements and arrangements between the City and any persons or
agencies may be established when, in the opinion of the City council, unusual or extraordinary circumstances
32
compel special terms and conditions. However, in no case may federal pretreatment standards be waived or
modified. (Ord. 1501 5 1 (part), 1990)
Article VII. Enforcement
13.12.560
Accidental discharge notice.
A. Notice to Authorities.
1. Upon accidentally discharging wastes in violation of this chapter, or in violation of a City-issued
discharge permit users shall notify the Waterwastewater Superintendent or the White Slough Water
Pollution Control Facilities (WSWPCF) personnel immediately by telephone or in person, or by calling the
Public Works Department 24 hour emergency number to enable countermeasures to be taken by the City to
minimize damage to the sewerage system, treatment facility, treatment processes and/or the receiving water.
2. This notification shall be followed, within ten calendar days of the date of occurrence. by a detailed
written statement to the Public Works Director describing the cause, location, type. volume, concentration,
date, time, and duration of the accidental discharge, measures taken to correct the problem. and steps taken
to prevent future occurrence.
3. Such notication will not relieve users of liability for any expense, loss or damage to the sewerage
system, treatment plant, or treatment process, or for any fines imposed on the City on account thereof under
Section 13350 of the California Water Code or for violations of Section 5650 of the California Fish and Game
Code.
B. If sampling performed by a user indicates a violation, the user must notii the Waterwastewater
Superintendent or the WSWPCF personnel within twenty-four hours of becoming aware of the violation. The
user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Public
Works Director within thirty days after becoming aware of the violation per 40 CFR 403.12(g)(Z).
C. Employee Training. In order that employees of users be informed of the City’s requirements. users
shall make available to their employees copies of this chapter, together with such other wastewater
information and notices which may be furnished by the City from time to time directed toward more effectiie
33
water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board
advising employees whom to call in case of an accidental discharge in violation of this chapter. (Ord. 1501 5
1 (part), 1990)
13.12.570
Cease and desist order. When the City finds that a discharge of wastewater has taken place in violation of
prohibitions or limitations of this chapter, or the provisions of a wastewater discharge permit, the Public
Works Director may issue an order to cease and desist, and direct those persons not complying with such
prohibitions, limits, requirements, or provisions, to:
A. Comply forthwith;
6.
C.
Comply in accordance with a time schedule set forth by the City; or
Take appropriate remedial or preventive action in the event of a threatened violation. (Ord. 1501 5 1
(part), 1990)
13.12.580
Compliance timetable. When the City finds that a discharge of wastewater has been taking place, or is
threatening to take place, in violation of prohibitions or limitations prescribed in this chapter, or wastewater
source mntrol requirements, effluent limitations or pretreatment standards, or the provisions of a wastewater
discharge permit, the City may require the user to submit for approval, with such modifications as it deems
necessaty, a detailed time schedule of specific actions, which the user shall take in order to prevent or
correct a violation of requirements. (Ord. 1501 5 1 (part), 1990)
13.12.590
Appeals.
A. Any user, permit applicant, or permit holder affected by any decision, action or determination. including
cease and desist orders, made by the Public Works Director, interpreting or implementing the provisions of
this chapter or in any permit issued in this chapter, may file with the Public Works Director a written request
34
for reconsideration within twenty days of such decision, action or determination, setting forth in detail the facts
supporting the user's request for reconsideration. The Public Works Director may accept the application,
reject the application for sound reasons or direct the applicant, at applicanls sole expense, to maintain and
operate in a manner satisfactory to the Public Works Director such indicating or integrating meters as may be
required to properly measure the flow, establish sampling equipment, tests and procedures satisfactoty to the
Public Works Director to determine the characteristics of the wastes.
B. If the ruling made by the Public Works Director is unsatisfactory to the person requesting
reconsideration, the person may, within twenty days after notification of the City's action, file a written appeal
to the City council. The written appeal shall be heard by the council within twenty days from the date of filing.
The City council shall make a final ruling on the appeal within twenty days of the hearing. The Public Works
Director's decision, action or determination shall remain in effect during such period of reconsideration. (Ord.
1501 5 1 (part), 1990)
13.12.600
Liability. Any person, firm or corporation, or any partner, officer, agent or employee thereof, who deposits or
permits to be deposited into the City's sewerage system any wastes other than those permissible under the
terms of this chapter and the terms of a valid permit granted under this chapter is liable for any and all
damage caused to the City by virtue of such act, including compensation for damage to the Cis faciliies,
and all costs of any legal fees, suk or judgments against the City which may be attributable to such wastes
so discharged. (Ord. 1501 5 1 (part), 1990)
13.12.610
Injunction. Whenever a discharge of wastewater is in violation 1 the provisions c this chapter or otherwise
causes or threatens to cause a condition of contamination, pollution or nuisance, the City may petition the
superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate in
restraining the continuance of such discharge. (Ord. 1501 5 1 (part), 1990)
35
13.12.620
Damage to sewerage system - Charge. When a discharge of wastewaters or any other substance causes
an obstruction, damage or any other impairment to the Cis sewerage system, the City shall assess a
charge against the user for the work, materials, and services required to clean or repair the affected portions
of the sewerage system. (Ord. 1501 5 1 (part), 1990)
13.12.630
Civil penalties. Any person who violates any provision of this chapter or permit condition or who discharges
wastewater which causes pollution, or who violates a cease and desist order, prohibition, effluent limitation,
national standard of performance, pretreatment or toxicity standard shall be liable civilly to a penalty not to
exceed six thousand dollars for each day in which such violation occurs. The City attorney, upon order of the
City council, shall petition the superior court to impose, assess and recover such sums. (Ord. 1501 5 1
(part). 1990)
13.12.640
Termination of service. The City may revoke any wastewater discharge permit, or terminate or restrict or
cause to be terminated or restricted wastewater service to any premises, which may include termination or
restriction of the water service if warranted, if a violation of any provisions of this chapter is found to exist or if
a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance
as defined in this chapter. The City also reserves the right to immediately disconnect any user, upon informal
notice only, in the event of an unlawful discharge which may cause imminent danger to human health, the
environment, or which threatens to interfere with the treatment plants operation. This provision is in addition
to other statutes, rules or regulations, authorizing termination of service for delinquency in payment. (Ord.
1501 5 1 (part), 1990)
36
13.12.650
Public notice of violation.
A. In accordance with Federal Pretreatment Regulations 40 CFR 403, the City shall publish, at least
annually in the largest daily newspaper circulated in the service area, a description of those industrial users
which are found to be in significant violation with any provisions of this chapter or any permit or order issued
hereunder during the period since the previous publication. (Ord. 1501 § 1 (part), 1990)
8. Signscant violations include any of the following:
1. Chronic violations of wastewater discharge limitations (66 percent or more of all measurements taken
in a six month period exceed the daily maximum or the long-term average limit for the same pollutant
parameter);
2.
month period exceed 1.2 times the limit for toxics or 1.4 times the limit for BOD, TSS, and Oil and Grease);
3.
with other discharges, pass through or interference;
4.
City to exercise its emergency authority to halt or prevent such discharge;
5.
scheduled date for starting construction, completing construction, or attaining final compliance;
6.
7.
8.
Technical Review Criteria (TRC) violations (33 percent or more of all measurements taken in a six
Any other violation of an effluent limit the City determines has caused, either alone or in combination
Any discharge that causes endangerment to human health, welfare or the environment. or causes the
Failure to meet a compliance schedule deadline of enforcement order within 90 days after the
Required reports that are more than 90 days late;
Failure to accurately report noncompliance;
Any violation determined to adversely affect the operation or implementation of the pretreatment
program
.. Mayor
37
Attest:
State of California
County of San Joaquin, ss.
I, Jacqueline L. Taylor, Acting Cty Clerk of the Cty of Lodi, do hereby certify that Ordinance No. 1613 was
introduced at a regular meeting of the City Council of the City of Lodi held April 5, 1995 and was thereafter
passed, adopted and ordered to print at a regular meeting of said Council held April 19, 1995 by the following
vote:
AYES:
NOES: Council Members - None
ABSENT: Council Members - None
ABSTAl N : Council Members - None
Council Members - Davenport, Pennino, Sieglock. Warner and Mann (Mayor)
I further certify that Ordinance No. 1613 was approved and signed by the Mayor on the date of its passage
and the same has been published pursuant to law.
Approved as to Form:
City Attorney
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