HomeMy WebLinkAboutOrdinances - No. 1501ORDINANCE NO. 1501
AN ORDINANCE OF THE LODI CITY COUNCIL
AND REENACTING A NEW ORDINANCE RELATING TO SEWER SERVICE
REPEALING LODI MUNICIPAL CODE CHAPTER 13.12 - SEWER SERVICE -
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BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 13.12, Sewer Service, is
repealed in its entirety and a new ordinance relating to sewer service
is reenacted as follows:
Chapter 13.12
SEWER SERVICE
Sections :
Article I. General Provisions
13.12.010 Purpose and policy.
13.12.020 Definitions.
Article
13.12.030
13.12.040
13.12.050
13.12.060
13.12.070
13.12.080
13.12.090
13.12.100
13.12.110
13.12.115
13.12.120
13.12.130
13.12.140
13.12.150
13.12.160
11. Discharge Restrictions
Prohibited discharges.
Storm drainage and groundwater.
Unpolluted water.
Septic tanks.
Radioactive wastes.
Garbage grinders.
Direct discharge-Use of service sewer.
Holding tank waste.
Restricted discharges.
Grease, oil, and sand interceptors.
Federal industrial requirements.
Industrial waste permits.
Other legal restrictions.
Connections outside city.
Screening of industrial waste.
Article 111. Service Charges and Connection Fees
13.12.170 Classification.
13.12.180 Domestic system service charges.
13.12.190 Domestic system connection fees.
13.12.200 Industrial system service charges.
13.12.210 Industrial system connection fees.
13.12.215 Adjustments and additions.
13.12.220 Storm drain and cooling water service charges.
13.12.
13.12
13.12
13.12
13.12
13.12
225 Storm drainage impact fee.
230 Holding tank waste charges.
240 Charges and fees.
245 Schedule of charges and fees.
250 Billing and collections.
260 Appeals.
Art cle IV. Construction Generally.
13.12.270
13.12.280
13.12.290
Article V.
13.12.300
13.12.310
13.12.320
13.12.330
13.12.340
13.12.350
Permit.
Design standards.
Application for service.
Extensions
Purpose.
Application.
Applicant’s obligation.
Extension for full front
Minimum diameter.
Reimbursement-Application.
lb
iidth.
13.12.360 Reimbursement-Agreement.
13.12.370 Reimbursementversize mains.
13.12.380 Reimbursement-City eligibility.
13.12.390 Reimbursement-Payment.
13.12.400 Reimbursement-Entitlement letter.
13.12.410 Reimbursement-Unclaimed.
Article
13.12.420
13.12.430
13.12.440
13.12.450
13.12.460
13.12.470
13.12.480
13.12.490
13.12.500
13.12.510
13.12.520 -~ ~~~
13.12.530
13.12.540
13.12.550
Article
13.12.560
13.12.570
13.12.580
13.12.590
13.12.600
13.12.610
13.12.620
13.12.630
13.12.640
13.12.650
VI. Administration
Discharge reports.
Discharge permit-Required.
Discharge permit Optional.
Discharge permitIApplication.
Discharge permit Conditions.
Discharge permit-Term-Changes-Renewal.
Discharge permit'Transfer.
Discharge permit-Suspension.
Discharge permitRevocation.
Monitoring facilities.
Inspection, sampling, monitoring and analysis
Accidental discharge prevention.
Confidential information.
special agreements.
Accidental discharge notice.
Cease and desist order.
Compliance timetable.
Appeals.
Liability.
Injunction.
Damage to sewerage system - Charge.
Civil penalties.
Termination of service.
Public notice of violation.
VII.Enforcement
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.
(Prior code § 20-1)
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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 Pollution Control Federation. Waste
constituents and characteristics shall be measured by the
approved methods as defined below. The following words shall have
these meaning(s1:
1. "Approved methods" means the analytical methods listed in
the Federal Register 40 CFR Part 136, unless expressly stated, or
as established by federal or state regulatory agencies.
2. "Bedroom(s)" means room(s) of a residential user designed
or used primarily for sleeping purposes, as determined by the
city, based on criteria such as those rooms having closets.
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 otherwise noted, exerted in a
period of five days at twenty degrees Celsius.
4. "By-pass" means an intentional diversion of waste or
wastewater from any portion of an industrial users treatment
facility .
5. "Chemical oxygen demand (COD) " means the oxygen equivalent
of that portion in a sample that is susceptible to oxidation by a
strong chemical oxidant as determined by approved methods .
6. "Commercial user" means any user of the sewerage system
except those specifically classified as residential user or
industrial user.
I. "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, syphons, canal crossings, manholes, and sewers leading
from the property line or easement line to the collection sewer. a. "Compatible pollutant" means biochemical oxygen demand,
suspended solids, and fecal coliform bacteria, plus additional pollutants identified in the city's National Pollutant Discharge
Elimination System (NPDES) permit.
9. "Connection fee" means a charge, as described in this
chapter, levied on new construction. The fee is normally paid at
the time of issuance of a building permit.
10. "Contamination" means an impairment of the quality of the
receiving waters by waste to a degree which creates a hazard to
the public health through poisoning or through the spread of
disease.
11. "Critical user" means a user who is required to obtain a
permit, as defined in Article VI of this chapter.
12. "Dissolved solids" means residue upon evaporation of water
after filtration as determined by approved methods. Also termed
"total dissolved solids" or "TDS."
13. "Domestic sewage" means the waterborne wastes derived from
the ordinary living processes and of such character as to permit
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satisfactory disposal, without special treatment, into the
community sewer.
14. "Domestic system" means a portion of the sewerage system
and treatment facility used primarily for domestic sewage.
15. "Employee" means, for "unit of measure" purposes, the total
number of all classifications of employees from all shifts 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.
16. "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.
17. "Fixed total dissolved solids" means residue upon
evaporation of water and heating to five hundred and fifty
degrees centigrade after filtration as determined by approved
methods.
18. "Gpd or gpd" means gallons per day.
19. "High strength user" means a user with discharge volume in
excess of 0.2 MGY or a daily average waste strength in excess of
the limitations in Section 13.12.110 or in excess of three
hundred milligrams per liter BOD and/or three hundred milligrams
per liter SS and/or nine hundred milligrams per liter COD or as
determined by the public works director.
20. "Holding tank waste" means any domestic waste from holding
tanks, contained in vessels, chemical toilets, campers, trailers,
septic tanks, vacuum tank trucks, or other stationary or mobile
sources.
21. "Industrial system'' means the portion of the sewerage
system used primarily for industrial waste which discharges
directly to the ponding and irrigation system at the treatment
plant.
22. "Industrial user" means a user who discharges industrial
waste to the sewerage system. Any user of a publicly-owned
treatment works identified in the U.S. Standard Industrial
Classification Manual, 1987, under the following divisions:
Division A Agriculture, Forestry, and Fishing
Division B Mining
Division D Manufacturing
Division E Transportation, Communications, Electric, Gas and
Division I Services
A user in these divisions may be excluded from the industrial
user category if the discharge is essentially domestic sewage.
See also "User".
23. "Industrial waste" means the waterborne waste and
wastewater from any production, manufacturing or processing
operation of whatever nature, including institutional and
Sanitary Service
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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.
24. "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 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).
25. "mgd or MGD" is the abbreviation for million gallons per
day.
26. "MGY" is the abbreviation for million gallons per year.
21. "Mass emission rate" means the weight of material
discharged to 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.
28. "Moderate strength user" means users with a wastewater
strength of less than three hundred milligrams per liter of BOD
and SS and having a moderate waste flow less than 0.2 MGY.
29. "Natural outlet" means any outlet into a watercourse,
ditch, pond, lake or other body or surface or groundwater.
30. "New source" means an industrial user discharging or
planning to discharge from a source at which:
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.
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. "Permit" means wastewater discharge permit issued by the
public works department.
34. "Person" means any individual, partnership, firm,
association, corporation or public agency, including the state of
California and the United States of America.
35. I1pH1' means the logarithm of the reciprocal of the
hydrogen-ion activity in moles per liter of solution as
determined by approved methods.
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36. "Pollutant" means any substance which can cause pollution.
31. "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. "pretreatment" means the treatment or flow limitation of
industrial wastes prior to discharge to the 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. "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.
41. "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.
42. "Sewage" means the waterborne wastes received from human
habitation and use of premises for residential, commercial,
institutional and industrial purposes.
43. "Sewage service charge" means an regular charge for each
user based upon each user's proportional use of the sewerage
system.
44. "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.
45. "Sewer" means a pipe or conduit which carries sewage and/or
industrial wastes and to which storm, surface and groundwaters
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. "Storm sewer" means those pipelines operated primarily for
the collection of stormwaters.
46. "Sewerage system" means all works for collecting, pumping,
treating, disposing, storing or reclaiming sewage, industrial
waste and/or storm water .
47. "Slug" means a sudden large increase or decrease (factor of
two or more) from normal waste volume or concentration.
48. "Storm drain system" means any portion of the sewerage
system used for the conveyance of stormwater or surface or
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subsurface drainage water.
49. "Suspended solids" or "SS" 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.
50. "Treatment plant" 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.
51. "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.
52. "User" means any person that discharges, causes or permits
the discharge of wastewater or stormwater into a sewerage system.
53. "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.
54. "Wastewater" means waste and water, whether treated or
untreated, discharged into or permitted to enter a sewerage
system. 55. "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.
56. "Wastewater discharge permit" means a permit issued by the
city for a user to discharge into a sewerage system. (Prior code
20-2)
Article 11. Discharge Restrictions
13.12.030
Prohibited discharges. No person shall discharge to 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, sulfides, or any other substance which causes two
consecutive readings on an explosion hazard meter at any point in
the sewerage system to be more than five percent (59.), or any
single reading more than ten percent (10%) of the Lower Explosive
Limit (LEL).
B. Obstruction of flow in a sewerage system or injurq 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. Danger to life or safety of personnel, or emission of
chemical contaminants into the atmosphere of any confined space
of the sewerage system at levels in excess of Threshold Limit
Values (TLV) established for airborne Contaminants.
D. A nuisance or prevention of the effective maintenance or
operation of the sewerage system, through having or creating a
strong, unpleasant odor;
E. Air pollution by the release of toxic or malodorous gases
or malodorous gas-producing substances;
F. Interference or pass through at the treatment plant
affecting wastewater treatment, land disposal, or sludge or scum
processing and disposal;
G. A detrimental environmental impact or a nuisance in the
waters or wastewaters of the state or a condition unacceptable
to any public agency having regulatory jurisdiction over the
city;
H. Discoloration or any other condition in the quality of the
city's treatment plant effluent and/or storm system discharge in
such a manner that receiving water quality requirements
established by law cannot be met by the city;
I. Conditions at or near the city's treatment facilities which
violate any statute or rule, regulation or 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. Pollutants which can cause corrosive structural damage to
the sewerage system or treatment facilities, but in no case a pH
lower than 5.0 is allowed per federal regulations:
L. Any influent to the treatment plant to be over 104 degrees
fahrenheit (forty degrees Celsius). (Prior code 5 20-3)
13.12.040 Storm drainage and groundwater. Stormwater, groundwater,
rainwater, street drainage, subsurface drainage, roof downspouts,
exterior foundation drains, swimming pools, groundwater from
cleanup operations, or other sources of drainage water shall not
be discharged through direct or indirect connections to a
domestic system without a permit issued by the public works
department . (Prior code § 20-4)
13.12.050
a
unpolluted water.
A. Unpolluted water, including but not limited to, cooling
water, process water or blow-down from cooling towers or
evaporative coolers shall not be discharged through direct or
indirect connection to the community sewer unless a permit is
issued by the city. The city may approve the discharge of such
water only when no reasonable alternative method of disposal is
available.
B. If a permit is granted for the discharge of such water into
the community sewer, the user shall pay the applicable user
charges and fees and shall meet such other conditions as required
by the public works director. (Prior code § 20-5)
13.12.060 Septic tanks. No person shall be permitted to use a septic
tank for disposal of wastewater if the property to be served is
within one hundred feet of the domestic system. Where such
domestic sewer exists and buildings are inhabited or used by
human beings, the property owner(s1 shall install lateral service
connection(s) in accordance with this chapter. (Prior code §
20-6)
13.12.070
Radioactive wastes. No person shall discharge or cause to be
discharged any radioactive waste into a sewerage system except:
A. When the person is authorized to use radioactive materials
by the State Department of Health or other governmental agency
empowered to regulate the use of radioactive materials; and
B. When the waste is discharged in strict conformity with
current California Radiation Control Regulations (California
Administrative Code, Title 17) and the Atomic Energy Commission
regulations and recommendations for safe disposal; and
C. When the person is in compliance with all rules and
regulations of all other applicable regulatory agencies; and
D. When the person is in possession of a permit issued by the
city which specifically allows such discharges. (Prior code §
20-7)
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 daily 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.
B. 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
9
used for grinding plastic, paper products, inert materials OL
garden refuse. (Prior code § 20-8)
13.12.090
Direct discharge-Use of service sewer. No person shall
discharge any substances directly into a manhole or other opening
in a sewerage system except through an approved private sewer or
house service sewer. (Prior code § 20-9)
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. (Prior code § 20-10)
13.12.110
Restricted discharges. No person shall 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. Discharge during a daily twenty-four-hour period in excess
of fifty thousand gallons;
B. Waters or waste with a pH factor lower than 6.5 or higher
than 8.5 for more than three hours over a twenty-four hour
period;
C. Discharges containing metal pickling or etching wastes or
plating solutions, whether neutralized or not;
D. Any discharge which has an average daily concentration
exceeding the following technically based local limits:
Toxicant Concentration (mg/L)
Arsenic 2.5
Cadmium 0.5
Chromium, total 29
Copper 3.0
Cyanide, total 1.4
Lead 4.0
Mercury 0.8
Nickel 13
Silver 2.9
Zinc 3.5
E. Discharges containing phenols or other taste-producing and
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Maximum Allowable
odor-producing substances in concentrations exceeding limits
which may be established by the public works director as
necessary to meet water quality requirements;
F. Discharges to the collection system at temperatures
exceeding one hundred sixty degrees Fahrenheit (seventy degrees
Celsius) or exceeding one hundred ten degrees Fahrenheit
(forty-three degrees Celsius) for any eight-hour period;
G. 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).
n. Discharges containing fixed total dissolved solids (such
as, but not limited, to sodium chloride, sodium sulphate, or
other inorganic salts) in excess of six hundred milligrams per
liter or in such quantities to cause the effluent TDS of the
treatment plant to exceed five hundred milligrams per liter.
I. Any industrial waste, based upon twenty-four-hour composite
sampling, (or other representative sampling when not feasible)
containing settleable solids in excess of two hundred milligrams
per liter, suspended solids in excess of one thousand milligrams
per liter and BOD in excess of one thousand milligrams per liter.
(Prior code § 20-11)
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
impervious materials capable of withstanding abrupt and extreme
changes in temperature. They shall be of substantial
construction, watertight and equipped with easily removable
covers which, when bolted in place, are gastight and watertight.
Grease and/or oil/sand 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.
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. 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 and such reports must be
signed by an authorized representative of the industrial user 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. Protect the operation of the city's treatment facilities;
B. Comply with water quality standards, sludge disposal or
effluent limitations specified in the city's 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.
(Prior code § 20-12)
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. (Prior code § 20-13)
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. (Prior code § 20-14)
13.12.150
or
Connections outside city. No discharge from facilities or
properties outside the limits of the city shall be allowed $nto
the sewerage system. (Prior code § 20-15)
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. (Prior code § 20-16)
Article 111. Service Charges and Connection 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 connection fees which will ensure, but
not be limited to, the recovery 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
connection fees. (Prior code § 20-17)
13.12.180
Domestic system service charges.
A. Basis. Charges for use of the domestic system shall be
determined by the volume, biochemical oxygen demand (BOD) and
suspended solids (SS) of wastes discharged.
B. 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. The cost of treating one sewage service unit is calculated
by dividing the total operating, maintenance and capital costs of
wastewater facilities allocated to moderate strength users by the
total number of units. Service charges for moderate-strength
13
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. Residential user sewage service units shall be based upon
the number of bedrooms per dwelling units as follows:
Number of Sewage Service
Bedrooms Units
1 0.75
2 1.00
3 1.25
4 1.50
5 1.75
6 2.00
7 2.25
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:
1.
2.
3.
4
5.
6.
I.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
User Description
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, coin op., big mach.
Comm. laundry and dry cleaning
Dentist's office
Office, store, warehouse, manufacturer,
Doctor's, Chiropractor's and X-ray
off ices
Grocery Store, Supermarket (Having
vegffruit or butcherfmeat sections)
Bar
Barber, beauty shop
Unit of Measure
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 SSU's 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 1 machine
Each 3 employees
Each 5 employees
Each 8 employees
Each 4 employees
Each 20 seats
Each 3 workstations
14
? sl. Hospital, convalescent home
28. Rest and retirement home
29. Mobile home park
30. RV dump station
Each 3 beds
Each 3 beds,,
Each 1.33 pads
Each station
One sewage service unit shall be assigned to each unit of
measure. Fees shall be based on nearest one-tenth sewage service
unit except minimum number of sewage service units shall be 1.0.
At the discretion of the Public Works Director a commercial
user's service charges and/or connection 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. All high-strength user sewage service charges shall be
determined based upon the actual quantity of flow, BOD, and SS
discharged annually. The unit cost of collection, treatment and
disposal for each characteristic shall be determined and
multiplied by the measured wastewater characteristics for each
user to develop the annual sewage service charge.
2. The unit cost for each of the characteristics set out in
subdivision 1 of this subsection shall be determined by: (a)
distributing the total capital, operation and maintenance cost
between moderate-strength and high-strength users, (b) proportion
the costs for high-strength users among various characteristics,
and (c) divide the total cost for each characteristic by the
total quantity discharged by the high strength users.
3. The sewage service charge shall be determined by
multiplying the unit cost by the quantity of each characteristic.
(Prior code § 20-18)
13.12.190
Domestic system connection fees. The connection fee shall
cover the capital cost associated with the wastewater treatment
facilities capacity which will be utilized by the new discharger.
Any actual costs incurred by the city in making the connection
shall be separate and in addition to the connection fee described
in this section.
A. Moderate-strength user connection fees shall be based on a
rate per sewage service unit as assigned under Section 13.12.180.
The minimum connection fee for a new commercial or industrial
user shall be one sewage service unit and additions or
modifications shall be prorated to the nearest 0.1 sewage service
unit.
€5. High-strength user connection 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
connection fee.
(Prior code § 20-19)
15
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. (Prior code § 20-20)
13.12.210
Industrial system connection 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
and/or the cost of providing additional new capacity. The
connection fee shall be based on a unit rate for the cost of
treating flow and BOD. (Prior code § 20-21)
13.12.215
Adjustments and additions.
A. Service charge adjustments. 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. Connection 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 applicable units of measure. Increases in connection
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. Connection 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 connection fee calculations,
additional connection fee charges shall be assessed for the
additional wastewater treatment capacity utilized. Such
additional connection fees shall be due and payable on demand at
the current rate at the time the public works director makes the
determination.
16
13.12.220
Storm drain and cooling water service charges.
A. The rate for disposal of stormwaters, swimming pool or
cooling water discharges, or wash waters into the city's storm
drains will be established by resolution.
B. The city shall estimate and determine the amount of storm,
swimming pool, cooling water or wash waters deposited into the
city's storm drains unless the user of the service elects to
provide, install and maintain in good working order an
integrating meter satisfactory to the city for the purposes of
measuring such storm, swimming pool, cooling water or wash
waters.
C. In determining the amount of storm, swimming pool, cooling
water or wash waters deposited into the city's storm drain
system, no charge shall be made for the storm waters or minor
irrigation waters or drainage from roofs, pavements or
hard-surfaced areas within the city limits. Where such drainage
is metered along with wash 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. For areas outside the corporate limits of the city
tributary to the city's storm drain system, stormwaters shall be
included in the quantities determined for billing purposes and
unless otherwise metered, the annual quantity of stormwaters
shall be assumed as equal to one thousand two hundred fifty
gallons per one hundred square feet, as projected and measured
upon a horizontal plane of roof, pavement or hard-surfaced area
service. [Prior code S 20-22)
13.12.225
Storm drainage impact fee.
A. Purpose - Findings.
1. In order to implement the goals and objectives of the
city's general plan, and to mitigate the impacts upon the
drainage system of the city caused by future development, certain
public drainage improvements or facilities must be or have been
required to be constructed. The city council has determined that
a development impact fee is necessary and appropriate in order to
finance these public drainage improvements and to pay for each
development's fair share of the construction costs of such
improvements. In establishing the fee described in this section,
the city council has found the fee to be consistent with its
general plan, and pursuant to Government Code Section 65913.2,
has considered the effects of the fee with respect to the city's
housing needs as established in the housing element of the
general plan.
2. The city council also finds that the cityls storm drain
system, which consists of an interconnected network of pumping
stations, retention basins and trunk lines, has been planned as
17
a unified system and constructed in stages since 1963 using a
combination of funding sources, including a master storm drain
fee. The city council finds that it is in the best interest of
the entire city that properties that are to be developed pay the
cost of additional storm drain facilities in accordance with the
storm drain master plan so such costs will not become a burden on
city taxpayers.
B. Established.
1. There is established, upon issuance of all building, use or
occupancy permits and subdivision maps for development in the
city, a storm drainage fee.
2. This fee is established to pay for public drainage
improvements. The city council shall, in a council resolution
adopted after a duly noticed public hearing, set forth the
specific amount of the fee, describe the benefit, list the
specific municipally owned improvements to be financed, describe
the estimated cost of these facilities, describe the reasonable
relationship between this fee and the various types of new
developments, and set forth the time for payment. As described in
the fee resolution, this development fee shall be paid by each
developer as specified in Government Code Section 53077.5,
referring to time of collection. On an annual basis, the city
council shall review this fee to determine whether the fee
amounts are reasonably related to the impacts of developments and
whether the described public drainage facilities are still
needed.
3. Said resolution and associated studies shall be available
to the general public for a period of at least fourteen days
prior to the public hearing.
C. Limited Use of Fee Revenues. The revenues raised by
payment of these fees shall be placed in a separate and special
account, and such revenues, along with any interest earnings on
that account, shall be used solely to:
1. Pay for the City's future construction of drainage
facilities described in the resolutions enacted pursuant to
subsection B of this section, or to reimburse the city for those
described or listed facilities constructed by the city with funds advanced by the city from other sources;
2. Reimburse developers who have been required or permitted by
subsection D of this section to install such listed facilities
which are oversized, with supplemental size, length or capacity:
or
3. Pay for and/or reimburse costs of program development and
ongoing administration of the fee program for such public
facilities.
D. Developer Construction of Facilities. Whenever a developer
is required, as a condition of approval of a subdivision map or
development permit, to construct a public drainage facility
described in a resolution adopted pursuant to subsection B of
this section, which facility is determined by the city to have
supplemental size, length or capacity over that needed for the
impacts of that development, and when such construction is
18
necessary to ensure efficient and timely construction of the
facility's network, a reimbursement agreement with the
developer, and a credit against the fee which would otherwise be
charged pursuant to this section on the development project,
shall be offered. The reimbursement amount shall not include the
portion of the improvement needed to provide services or mitigate
the burdens created by the development.
E. Appeals. Any appeal from the imposition of fees under this
section shall be done in substantial conformance with the
procedures found in Section 13.12.590 of this chapter.
F. Effective Date of Fee. The ordinance codified in this
section was adopted at a noticed public hearing, at which time
the city council also considered the initial development impact
fee resolution. This fee shall apply to the issuance of any
building, use or occupancy permit, or for any development
approval issued after thirty days following the passage of the
ordinance codified in this section. (Ord. 1440 § § 1 - 6, 1988)
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 13.12.180(D). Characteristics of BOD and SS
shall be determined by random sampling of holding tank waste
discharges. (Prior code § 20-23)
13.12.240
Charges and fees. The schedule of charges and fees for
domestic system service charges and connection fees, industrial
system service charges and connection 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. 1429 § 1,
1988: prior code § 20-24)
13.12.245
Schedule of charges and fees. The fee schedule for sewage
service, connection fees, and monitoring operative, is as
follows :
DOMESTIC SYSTEM:*
A. Residential.
1. Sewage service charge.
Number of Bedrooms Monthly Rate
1 $ 4.64 -
2
3
4
5
6.19
1.14
9.28
10.83
19
6
7
12.38
13.93
2. Connection fee: $1825.00 per unit*
*"Unit":Sewage service unit, defined as each increment of flow of
a typical two-bedroom residence (206 gallons per day and having
BOD and SS strengths of less than 300 milligrams per lite,r).
Units for residential, commercial, and industrial users are shown
in section 13.12.180.
B.
1.
2.
C.
1.
2.
Commercial.
Annual sewage service: $74.28 per unit per year
Connection fee: $1825.00 per unit
Industrial.
Annual sewage service.
Moderate strength user: $74.28 per unit per year
High strength user:
Unit Item Unit Charge
Flow - MG. $357.41 per MG.
BOD - 1,000 lbs. 174.90 per 1,000 lbs.
SS - 1,000 lbs. 142.97 per 1,000 lbs.
Connection Fee.
Moderate strength user: $1825.00 per unit.
High strength user
Unit Item Unit Charge
Flow - MG. $9733.01 per MG.
BOD - 1,000 lbs. 4009.18 per 1,000 lbs.
SS - 1,000 lbs. 1805.59 per 1,000 lbs.
INDUSTRIAL SYSTEM:
A. Annual sewage service
Unit Item Unit Charge
Flow - MG. To be determined by the public works
BOD - 1,000 lbs. director as outlined in Section
13.12.200 of this code.
B.
Connection fee: To be determined by the public works director
as outlined in Section 13.12.210 of this code.
HOLDING TANK WASTES:*
A. Dumping charge: $54.75 per 1,000 gal.
20
STORM DRAIN SYSTEM:
A. Storm drain disposal charge: $66.13 per MG
*Editors Note: Ord.1463 § 5 provides as follows:
The above fees for the Domestic System and Holding Tank Wastes
shall be increased 15% annually on October 1 of each year until
the White Slough Water Pollution Control Facility expansion has
been completed or this ordinance is superseded.
(ord. 1463 § 1,1989: Ord. 1428 § 1, 1988)
INSPECTION, SAMPLING AND ANALYSIS:*
*Fee Schedule to be set by resolution.
13.12.250
Billing and collections. All billing and collections shall be
per Section 13.04.030 of this code. (Prior code § 20-25)
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 connection 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 connection fee or sewage service charge.(Ord. 1463 §
4, 1989: prior code § 20-26)
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. (Prior code §
20-43)
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 standards.
21
(Prior code § 20-44)
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.
(Prior code 5 20-45)
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. (Prior code § 20-46)
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. (Prior code § 20-47)
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 applicant's 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.
(Prior code § 20-48)
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. (Prior code § 20-49)
13.12.340
Minimum diameter. The minimum size sewer main shall have a
nominal inside diameter of six inches. Larger size mains may be
required as determined by the public works director from
engineering calculations or the city master sewer plan. (Prior
code § 20-50)
13.12.350
Reimbursement - Application. Whenever an applicant for sewer
22
extension constructs or installs a sewer that may serve abutting
properties, the applicant may apply for a sewer extension
reimbursement agreement. The public works director shall
determine the extent to which abutting properties may be served
and recommend a sewer extension agreement to the city council
prior to construction of any sewer. (Prior code § 20-51)
13.12.360 Reimbursement-Agreement. The sewer extension reimbursement
agreement shall contain the following:
A. The amount of the reimbursable costs shall be determined by
the public works director and subject to the approval of the city
council.
B. Reimbursable costs shall include estimated sewer
construction costs, less any applicable credits, plus an
administrative and engineering cost of ten percent of the
construction cost.
C. Sewer laterals serving individual properties shall not be
included as a reimbursable cost.
D. There shall be no reimbursement to the applicant in excess
of reimbursable costs stated in the agreement.
E. No interest, finance or security costs shall be included in
the reimbursable costs.
F. Reimbursement shall be paid from charges collected by the
city from abutting properties as they connect to the new sewer.
G. Reimbursement shall be paid only from charges collected
within ten years from the date of the agreement. The city shall
have no obligation to pay reimbursement from any source other
than reimbursement funds collected pursuant to this chapter.
Charges collected from abutting properties after ten years shall
be retained by the city. n. The charges collected for reimbursement shall be based upon
front footage parallel to the sewer of the abutting properties.
I. An administrative cost of two percent of the total reimbursable cost shall be deducted from any moneys paid to the
city as payment for administering the reimbursement provisions of
this chapter.
J. Reimbursement shall be payable to heirs, successors and
assigns of the applicant. (Prior code § 20-52)
13.12.370
Reimbursement-Oversize mains. Whenever engineering
calculations or the city master sewer plan require that a sewer
main larger than ten inches in diameter be installed, the city
shall pay to the applicant the difference in cost of material
between the actual sewer to be installed and a ten-inch sewer.
The difference in costs of material shall be determined by the
public works director. Payment shall be made at the time the
sewer reimbursement agreement is approved by the city council.
(Prior code § 20-53)
23
13.12.380
Reimbursement City eligibility. Whenever the city has extended
or installed 2 sewer that will serve abutting properties, the
city shall be eligible for reimbursement in a like manner as
other applicants. (Prior code § 20-54)
13.12.390
Reimbursement Payment. Whenever the city council has approved
a sewer extension reimbursement agreement, the front footage
charges shall be collected by the city from any parcel abutting
the sewer covered in the agreement at the time of development and
prior to sewer service being provided to the abutting parcel.
(Prior code § 20-55)
13.12.400
Reimbursement Entitlement letter. When payment for
reimbursement-has been made, the public works director shall
prepare a letter of entitlement stating the fees collected,
reference to the sewer extension reimbursement agreement, the
amount to be reimbursed, and the administrative charge to be
retained by the city. This letter of entitlement shall be
forwarded to the finance director for actual reimbursement under
terms of the agreement. (Prior code § 20-56)
13.12.410
Reimbursement Unclaimed. The finance director shall mail the
reimbursement-to the last address on file with the finance
director of the applicant in the sewer reimbursement agreement.
Any reimbursement returned or unclaimed after two years from the
date of mailing will revert to the city’s general fund. (Prior
code § 20-57)
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 flow, mass emission rate,
temperature, pH, production quantities, hours of operation,
number and classification of employees, 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. All
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
24
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. (Prior code § 20-27)
13.12.430 Discharge permit-Required. All critical 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 critical users
connected 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, except for subsection D of this section which shall be
ninety days after notification by the public works director. For
purposes of this chapter, “critical user” means any user whose
user classification is identified in the Standard Industrial
Classification (SIC) Manual in any of Divisions, A, B, I), E and I
and who (A) has a discharge flow of fifty thousand gallons or
more per average workday, or (B) has a flow greater than five
percent of the flow in the city’s wastewater treatment system, or
(c) has in user’s wastes toxic pollutants in toxic amounts as
defined in standards issued under Section 307 (a) of the Federal
Act, or (D) is found by the public works director to have
significant impact, either singularly or in combination with
other contributing industries, on the treatment or sewerage
collection system. (Prior code 5 20-28(a))
13.12.440
Discharge permit-Optional. The public works director may issue
a wastewater discharge permit to any user in accordance with the
terms of this article in the following categories:
A. A user who requires the user charges and fees to be based
on an estimation of wastewater flow;
B. Any user whose wastewater strength is less than the normal
range for the user classification because of pretreatment,
process changes or other reasons;
C. Any single dwelling, office, commercial business, lodge,
apartment, church or multi-use building user who discharges only
domestic waste. (Prior code 5 20-28(b))
13.12.450
Discharge permit-Application.
A. Users seeking a wastewater discharge permit shall complete
and file with the public works director an 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:
25
1. Name, address and SIC number of applicant;
2. Volume of wastewater to be discharged;
3. Wastewater constituents and characteristics including, but
not limited to, those mentioned in Article I1 of this chapter;
4. Time and duration of discharge;
5. Average and thirty-minute peak wastewater flow rates,
including daily, monthly and seasonal variations, if any;,
6. Any other information determined necessary by the public
works director to evaluate the permit application. This may
include, but is not limited to, the following:
a. Site plans, floor plans, mechanical, and plumbing plans,
water supply and discharge information and details to show all
sewers and appurtenances by size, location and elevation,
b. Description of activities, facilities and plant process on
the premises including all materials, processes 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. 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. (Prior code 5 20-28(c))
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:
A. The unit charge or schedule or user charges and fees for
the wastewater to be discharged to the sewerage system:
B. The collection of connection fee, inspection fee and
prepayment for the prorated portion of annual user charges, if
collected annually;
C. The average and maximum wastewater characteristics;
D. Limits on rate and time of discharge or requirements for
flow regulations and equalization;
E. Requirements for installation of inspection, monitoring,
and sampling facilities;
F. Pretreatment requirements;
G. Specifications for monitoring programs which may include
sampling locations, frequency and method of sampling, number,
types and standards for tests and reporting schedule;
H. Requirements for submission of technical reports or
discharge reports;
I. Requirements for maintaining plant records relating to
wastewater discharge as specified by the city, and affording the
26
city access thereto;
J. Mean and maximum mass emission rates, or other appropriate
limits when incompatible pollutants (as defined in Article I of
this chapter) are proposed or present in the user's wastewater
discharge;
K. Other conditions as deemed appropriate by the public works
director to ensure compliance with this chapter and federal and
state regulations. (Prior code § 20-28(d))
13.12.470
Discharge permit Term-Changes-Renewal. Permits shall be issued
for a specified cime 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 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. (Prior code § 20-28(e))
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. (Prior code § 20-29(f))
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. (Prior code 5
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20-28(g))
13.12.500
Discharge permit-Revocation. Any user who violates the
following conditions of the permit or of this chapter, or
applicable state and federal regulations, is subject to having
this permit revoked:
A. Failure of a user to factually report the wastewater
constituents and characteristics of their discharge;
B. Failure of the user to report in advance significant
changes in operations or wastewater constituents and
characteristics;
C. Refusal of reasonable access to the user’s premises and/or
records for the purpose of inspection or monitoring of all
possible sources of pollution; n. Failure to pay wastewater bill:
E. Violation of conditions of the permit. (Prior code §
20-28(h))
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 safety 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. (Prior
code .§ 20-29)
13.12.520 Inspection, sampling, monitoring, and analysis. The public
works director or designated representative may inspect the
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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 per 40 CFR 403.12(1)(2).
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 its
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. (Prior code § 20-30)
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.
B. 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.
(Prior code § 20-31)
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 competitive position.
B. When requested by the person furnishing a report, the
portions of a report which might disclose trade secrets or secret
29
processes shall not be made available for inspection by the
public, but shall be made available to governmental agehcies for
use in making studies; 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.
C. Information accepted by the public works director as
confidential shall not be transmitted to any governmental agency
or to the general public by the public works director, until and
unless prior and adequate notification is given to the user.
(Prior code § 20-32)
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 compel special terms and conditions.
However in no case may federal pretreatment standards be waived
or modified. (Prior code § 20-33)
Article VII. Enforcement
13.12.560
Accidental discharge notice.
A. Notice to Authorities.
1. Users shall notify the Water/Wastewater 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 hr emergency number, upon
accidentally discharging wastes in violation of this chapter, or
in violation of a city-issued discharge permit 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 notification 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. 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 effective
30
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. (Prior code $j 20-34)
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;
B. Comply in accordance with a time schedule set forth by the
city; or
C. Take appropriate remedial or preventive action in the event
of a threatened violation. (Prior code § 20-35)
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 control 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
necessary, a detailed time schedule of specific actions, which
the user shall take in order to prevent or correct a violation of
requirements. (Prior code § 20-36)
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 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
applicant's 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
satisfactory 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
31
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. (Prior code §
20-37)
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 city's facilities, and
all costs of any legal fees, suits or judgments against the city
which may be attributable to such wastes so discharged. (Prior
code § 20-38)
13.12.610
Injunction. Whenever a discharge of wastewater is in violation
of the provisions of 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. (Prior code § 20-39)
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 city's 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. (Prior code § 20-40)
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. (Prior code § 20-41)
13.12.640
Termination of service. The city may revoke any wastewater
discharge permit, or terminate or cause to be terminated
wastewater service to any premises, if a violation of any
provisions of this chapter is found to exist or if a discharge of
32
13.12.630
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.
(Prior code S 20-42)
13.12.650
Public notice of violation. 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.
33
,
SECTION 2. All ordinances and parts of ordinances in conYlict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
Approved this 28th day of November 1990
Attest :
Mayor
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1501 was introduced at a regular meeting of the City
Council of the City of Lodi held November 7, 1990 and was thereafter
passed, adopted and ordered to print at a regular meeting of said
Council held November 28, 1990 by the following vote:
Ayes :
Noes: Council Members - None
Absent: Council Members - None
Abstain : Council Members - None
Council Members - Hinchman, Olson, Pinkerton, Reid
and Snider (Mayor)
I further certify that Ordinance No. 1501 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
& lii /&&!&
ALICE M. REI~~CHE
City Clerk
Approved as to Form
BOBBY W. McNATT
City Attorney