HomeMy WebLinkAboutOrdinances - No. 1819ORDINANCE NO. 181 9
AN ORDINANCE OF THE LODl CITY COUNCIL AMENDING
LODl MUNICIPAL CODE BY REPEALING AND REENACTING
CHAPTER 13.12, “SEWER SERVICE,” IN ITS ENTIRETY
BE IT ORDAINED BY THE LODl CITY COUNCIL AS FOLLOWS:
Chapter 1 3.12
SEWER SERVICE*
Article I
General Provisions
13.1 2.01 0 Purpose and policy.
13.1 2.020 Definitions.
Article II
Discharge Restrictions
13.1 2.030 Prohibited discharges.
13.1 2.040 Storm drainage and groundwater.
13.1 2.060 Septic tanks.
13.1 2.065 Trucked/hauled wastes.
13.1 2.070 Radioactive wastes.
13.1 2.080 Garbage grinders.
13.1 2.090 Direct discharge-Use of service sewer.
13.1 2.1 00 Holding tank waste.
1 3.1 2.1 1 0 Restricted discharges.
13.1 2.1 15 Grease, oil, and sand interceptors.
13.1 2.1 20 Federal pretreatment requirements.
13.1 2.1 25 Required reports.
13.12.130 Industrial waste permits.
13.1 2.1 40 Other legal restrictions.
13.1 2.1 50 Connections outside city.
13.1 2.1 60 Screening of industrial waste.
Article Ill
Service Charges and Capacity Fees
13.1 2.1 70 Classification.
13.1 2.1 80 Domestic system service charges.
13.1 2.1 90 Domestic system capacity or impact fees.
13.1 2.1 95 Downtown business district capacity fees.
13.1 2.200 Industrial system service charges.
13.1 2.21 0 Industrial system capacity fees.
13.1 2.21 5 Adjustments and additions.
13.1 2.220 Storm drain and cooling water service charges.
13.1 2.230 Holding tank waste charges.
13.1 2.240 Charges and fees.
13.1 2.250 Billing and collections.
13.1 2.260 Appeals.
Article IV
1
Construction Generally
13.1 2.270 Permit.
13.1 2.280 Design standards.
13.1 2.290 Application for service.
Article V
Extensions
13.1 2.300 Purpose.
13.1 2.31 0 Application.
13.12.320 Applicant’s obligation.
13.12.330 Extension for full frontage width.
13.1 2.340 Minimum diameter.
1 3.1 2.370 Reimbursement-Oversize mains.
Article VI
Administration
13.1 2.420 Discharge reports.
13.1 2.430 Discharge permit-Required.
13.1 2.440 Discharge permit-Optional.
13.1 2.450 Discharge permit-Application.
13.1 2.460 Discharge permit-Conditions.
13.12.470 Discharge permit-Term-Changes-Renewal.
13.12.480 Discharge permit-Transfer.
13.12.490 Discharge permit-Suspension.
13.1 2.500 Discharge permit-Revocation.
13.1 2.51 0 Monitoring facilities.
13.12.520 Inspection, sampling, monitoring, and analysis.
1 3.12.530 Accidental discharge prevention.
13.12.540 Confidential information.
13.1 2.550 Special agreements.
Article VII
Enforcement
13.1 2.560 Accidental discharge notice.
13.1 2.565 Notice of potential problems/slug discharge.
13.12.567 Notice of changed discharge.
13.1 2.570 Cease and desist order.
13.1 2.580 Compliance timetable.
13.1 2.590 Appeals.
13.1 2.600 Liability.
13.1 2.61 0 Injunction.
13.1 2.620 Damage to sewerage system-Charge.
13.1 2.630 Civil penalties.
13.1 2.640 Termination of service.
13.12.650 Public notice of violation.
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Article I
General Provisions
13.1 2.01 0 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. To the extent Federal or State requirements and any
amendments thereto are more stringent or different than the provisions provided herein
(including 40 CFR 403) such provisions shall control.
13.1 2.020 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. “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. “Authorized Representative’’ means a person duly authorized by corporate resolution or
other legally enforceable authorizing document on file with the POTW to perform all acts
required by this Chapter.
3. “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.
4. “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.
5.
industrial user’s treatment facility.
“By-pass” means an intentional diversion of waste or wastewater from any portion of an
6. “Capacity” or “impact fee” means a charge as described in this chapter, levied on
construction or on new, expanded, or ongoing activity, which uses publicly-owned treatment
works (POTW) capacity and other wastewater facilities associated with growth. The fee is
normally paid at the time of issuance of a building permit.
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7. “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.
8.
classified as residential user or industrial user.
“Commercial user” means any user of the sewerage system except those specifically
9. “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.
10. “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.
11. “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.
12. “Control Authority” means the White Slough Water Pollution Control Facility.
13.
by approved methods. Also termed “total dissolved solids” or “TDS.”
“Dissolved solids” means residue upon evaporation of water after filtration as determined
14. “Domestic sewage” means the waterborne wastes derived from the ordinary living
processes and of such character as to permit satisfactory disposal, without special treatment,
into the domestic system.
15.
and treatment facility used primarily for domestic sewage.
“Domestic system or sanitary sewer system” means a portion of the sewerage system
16. “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.
17. “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.
18.
five hundred and fifty degrees centigrade after filtration as determined by approved methods.
“Fixed total dissolved solids” means residue upon evaporation of water and heating to
19. “Gpd or gpd means gallons per day.
20. “High strength user” 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 13.12.1 10 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.
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21. “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.
22. “Industrial system” means the portion of the sewerage system used primarily for
industrial waste, which is compatible for discharging directly into the ponding and irrigation
system at the treatment plant. Waste not suitable for direct application to land is prohibited in
the industrial system, which includes, but is not limited to, contents of chemical toilets, septic
tanks, waste holding tanks, waste sumps, and domestic sewage.
23.
(c) or (d) or 40 CFR 403.3(i) and (j) who discharges industrial waste into the sewerage system.
“Industrial user” means a user subject to regulation by Clean Water Act Section 307(b),
24. “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 not be
classed as industrial waste.
25. “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(k).
26. “mgd or “MGD is the abbreviation for million gallons per day.
27. “MGY” is the abbreviation for million gallons per year.
28. “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.
29.
hundred milligrams per liter of BOD and SS and having a waste flow less than 2.0 MGY.
“Moderate strength user” means users with a wastewater strength of less than three
30. “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.
31.
surface water or groundwater.
“Natural outlet” means any outlet into a watercourse, ditch, pond, lake or other body of
32.
source at which:
“New source” means an industrial user discharging, or planning to discharge, from a
A) Construction is carried out at a site at which no other source is located;
B) Construction totally replaces the process, or production equipment that produces,
the wastewater at an existing source; or
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C) The wastewater producing process constructed is substantially independent of
an existing source at the same site.
33. “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.
34. “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.
35. “Permit” means wastewater discharge permit issued by the public works department.
36.
agency, including the state of California and the United States of America.
“Person” means any individual, partnership, firm, association, corporation or public
37.
solution as determined by approved methods.
“pH” means the negative logarithm of the hydrogen-ion activity in moles per liter of
38. “Pollutant” means any substance which can cause pollution.
39. “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.
40.
discharge to the city sewerage system.
“Pretreatment” means the treatment or flow limitation of industrial wastes prior to
41. “Pretreatment requirements” means any substantive or procedural requirement related
to pretreatment, other than a National Pretreatment Standard, imposed on an industrial user (40
CFR 403.3(t).
42. “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.
43. “Publicly owned treatment works (POW)’’ 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
POW treatment plant.
44. “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.
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45. “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.
46. “Sewage” means the waterborne wastes received from human habitation and use of
premises for residential, commercial, institutional and industrial purposes.
47. “Sewage service charge” means a regular charge for each user based upon each user’s
proportional use of the sewerage system.
48. “Sewage service unit” or “SSU” is defined as each increment of flow equal to the flow
from an average two-bedroom residence (one-hundred and ninety-four gallons per day) and
having a strength less than three hundred milligrams per liter biochemical oxygen demand
(BOD) and suspended solids (SS).
49. “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.
50. “Sewerage system” means all works for collecting, pumping, treating, disposing, storing
or reclaiming sewage, industrial waste and/or storm water.
51. ”Significant industrial user” means:
(A)
(B)
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 POW (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 POW Treatment plant; or is designated as such by the
Control Authority on the basis that the Industrial User has a reasonable potential
for adversely affecting the POW’S operation or for violating any Pretreatment
Standard or requirement (in accordance with 40 CFR 403.8(f)(6)). (40 CFR
403.3(v)( 1)
“Significant noncompliance” means a violation meets one or more of the following 52.
criteria:
(A) Chronic violations of wastewater discharge limits, defined here as those in which
66 percent or more of all of the measurements taken for the same pollutant
parameter during a six-month period exceed (by any magnitude) a numeric
Pretreatment Standard or Requirement, including instantaneous limits, as
defined by 40 CFR 403.3(1);
Technical Review Criteria (TRC) violations, defined here as those in which 33
percent or more of all of the measurements taken for the same pollutant
parameter during a six-month period equal or exceed the product of the numeric
Pretreatment Standard or Requirement including instantaneous limits, as defined
by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS,
fats, oil, and grease, and 1.2 for all other pollutants except pH);
(B)
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Any other violation of a Pretreatment Standard or Requirement as defined by 40
CFR 403.3(1) daily maximum, long-term average, instantaneous limit, or narrative
Standard) that the POW determines has caused, alone or in combination with
other Discharges, Interference or Pass Through (including endangering the
health of POW personnel or the general public);
Any discharge of a pollutant that has caused imminent endangerment to human
health, welfare or to the environment or has resulted in the POTW’s exercise of
its emergency authority under paragraph (f) (l)(vi)(B) of 40 CFR 403.8 to halt or
prevent such a discharge;
Failure to meet, within 90 days after the schedule date, a compliance schedule
milestone contained in a local control mechanism or enforcement order for
starting construction, completing construction, or attaining final compliance;
Failure to provide, within 45 days after the due date, required reports such as
baseline monitoring reports, 90-day compliance reports, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
Failure to accurately report noncompliance;
Any other violation or group of violations, which may include a violation of Best
Management Practices, which the City determines will adversely affect the
operation of implementation of the local Pretreatment program.
53.
waste volume or concentration.
“Slug” means a sudden large increase or decrease (factor of two or more) from normal
54.
limited to, an accidental spill or a noncustomary batch discharge.
“Slug discharge” means any discharge of a nonroutine, episodic nature including but not
55.
conveyance of stormwater or surface or subsurface drainage water.
“Storm drain system” means any portion of the sewerage system used for the
56. “Storm sewer” means those pipelines operated primarily for the collection of
stormwaters.
57. “Suspended solids” or “SS or ‘73s” 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.
58. “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.
59. “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.
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60. “User” means any person that discharges, causes or permits the discharge of
wastewater or stormwater into a sewerage system.
61. “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.
62.
permitted to enter a sewer.
‘Wastewater” means waste and water, whether treated or untreated, discharged into or
63 “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.
64.
into a sewerage system.
“Wastewater discharge permit” means a permit issued by the city for a user to discharge
Article II
Discharge Restrictions
13.1 2.030 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 one
hundred forty 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, or any single reading more than ten
percent of the lower explosive limit (LEL);
B. 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. Acute worker health and safety problems resulting from the presence of toxic
gases, vapors or fumes within the POW per 40 CFR 403.5(b)(7);
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;
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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 or other contracts 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;
L. Influent to the treatment plant to be over one hundred four degrees Fahrenheit
(forty degrees Celsius);
M. Waters or waste with a pH factor lower than 6 or higher than 11;
N. Any discharge which has an average daily concentration exceeding the following
technically based local limits:
Toxicant
Arsenic
Cadmium
Chromium, total
Copper
Cyanide, total
Lead
Mercury
Nickel
Silver
Zinc
Maximum Allowable
Concentration (mg/L)
2.5
0.5
29
3.0
1.4
4.0
0.8
13
2.9
3.5
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 POW to violate its NPDES permit per 40 CFR 403.8(f)(l)(i);
P. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origins in
amounts that will cause interference or pass through;
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Q.
40 CFR Part 261;
Discharges which, if otherwise disposed of, would be a hazardous waste under
R. Discharges containing concentrations of tetrachloroethylene (PCE) or
trichloroethylene (TCE) exceeding five micrograms per liter for any grab sample.
13.1 2.040 Storm drainage and groundwater.
Rainwater, groundwater, street drainage, subsurface drainage, roof 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.
13.1 2.060 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(s) shall install lateral service connection(s) in accordance with this chapter.
13.1 2.065 Trucked/hauled wastes.
No person shall discharge trucked or hauled pollutants except at discharge points designated by
the City of Lodi.
13.1 2.070 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 Nuclear
Regulatory 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.
13.1 2.080 Garbage Grinders.
A.
system except:
Wastes from garbage grinders shall not be discharged into a domestic sewer
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.
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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 used for grinding plastic, paper products, inert materials or garden refuse.
13.1 2.090 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 sewer lateral.
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.
1 3.12.1 1 0 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. Discharges containing metal pickling or etching wastes or plating solutions,
whether neutralized or not;
B. 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;
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 sulphate or other inorganic salts) in such quantities to cause the
effluent TDS of the treatment plant to exceed five hundred milligrams per liter.
13.1 2.1 15 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
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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, 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 oilhand 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. 161 3 (part), 1995)
13.1 2.1 20 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 (BPI) 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, ninety-day compliance reports, and periodic reports on continued compliance
as required including all information required by 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 403.1 2(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. Protect the operation of the city’s treatment facilities; or
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 twelve months significantly violated applicable pretreatment
standards.
13.1 2.1 25 Required reports.
The reports required by Section 13.12.120 shall comply with the following regulations:
A. Baseline Report:
1) Reporting requirements for industrial users upon effective date of
categorical pretreatment standard-baseline report. Within 180 days after the
13
effective date of a categorical Pretreatment Standard, or 180 days after the final
administrative decision made upon a category determination submission under
§403.6(a)(4), whichever is later, existing Industrial Users subject to such
categorical Pretreatment Standards and currently discharging to or scheduled to
discharge to a POW shall be required to submit to the Control Authority a report
which contains the information listed in paragraphs (b)(l)- (7) of 40CFR
403.12(b)(l)-(7). At least 90 days prior to commencement of discharge, New
Sources, and sources that become Industrial Users subsequent to the
promulgation of an applicable categorical Standard, shall be required to submit to
the Control Authority a report which contains the information listed in paragraphs
(b)(l)-(5) of 40CFR 403.12. New sources shall also be required to include in this
report information on the method of pretreatment the source intends to use to
meet applicable pretreatment standards. New Sources shall give estimates of
the information requested in paragraphs (b)(4) and (5) of 40 CFR 403.12.
Identifying information. The User shall submit the name and
address of the facility including the name of the operator and
owners;
Permits. The User shall submit a list of any environmental control
permits held by or for the facility;
Description of operations. The User shall submit a brief
description of the nature, average rate of production, and
Standard Industrial Classification of the operation(s) carried out by
such Industrial User. This description should include a schematic
process diagram which indicates points of Discharge to the POW
from the regulated processes.
Flow measurement. The User shall submit information showing
the measured average daily and maximum daily flow, in gallons
per day, to the POTW from each of the fgllowing:
(i) Regulated process streams; and
(ii) Other streams as necessary to allow use of the combined
wastestream formula of §403.6(e). (See paragraph
(b)(5)(iv) of 40 CFR403.12.
The Control Authority may allow for verifiable estimates of these flows where
justified by cost or feasibility considerations.
(e) Measurement of pollutants.
(i) The user shall identify the Pretreatment Standards
applicable to each regulated process;
(ii) In addition, the User shall submit the results of sampling
and analysis identifying the nature and concentration (or
mass, where required by the Standard or Control Authority)
of regulated pollutants in the Discharge from each
14
regulated process. Both daily maximum and average
concentration (or mass, where required) shall be reported.
The sample shall be representative of daily operations. In
cases where the Standard requires compliance with a Best
Management Practice or pollution prevention alternative,
the User shall submit documentation as required by the
Control Authority or the applicable Standards to determine
compliance with the Standard;
(iii) The User shall take a minimum of one representative
sample to compile that data necessary to comply with the
requirements of this paragraph;
(iv) Samples should be taken immediately downstream from
pretreatment facilities if such exist or immediately
downstream from the regulated process if no pretreatment
exists. If other wastewaters are mixed with the regulated
wastewater prior to pretreatment the User should measure
the flows and concentrations necessary to allow use of the
combined wastestream formula of Sec. 403.6(e) in order to
evaluate compliance with the Pretreatment Standards.
Where an alternate concentration or mass limit has been
calculated in accordance with Sec. 403.6(e) this adjusted
limit along with supporting data shall be submitted to the
Control Authority;
(v) Sampling and analysis shall be performed in accordance
with the techniques prescribed in 40 CFR part 136 and
amendments thereto. Where 40 CFR part 136 does not
contain sampling or analytical techniques for the pollutant
in question, or where the Administrator determines that the
part 136 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and
analysis shall be performed by using validated analytical
methods or any other applicable sampling and analytical
procedures, including procedures suggested by the POW
or other parties, approved by the Administrator;
(vi) The Control Authority may allow the submission of a
baseline report which utilizes only historical data so long as
the data provides information sufficient to determine the
need for industrial pretreatment measures;
(vii) The baseline report shall indicate the time, date and place,
of sampling, and methods of analysis, and shall certify that
such sampling and analysis is representative of normal
work cycles and expected pollutant Discharges to the
POW;
15
Certification. A statement, reviewed by an authorized
representative of the Industrial User (as defined in paragraph (I) of
this section) and certified to by a qualified professional, indicating
whether Pretreatment Standards are being met on a consistent
basis, and, if not, whether additional operation and maintenance
(0 and M) and/or additional Pretreatment is required for the
Industrial User to meet the Pretreatment Standards and
Requirements; and
Compliance schedule. If additional pretreatment and/or 0 and M
will be required to meet the Pretreatment Standards; the shortest
schedule by which the Industrial User will provide such additional
pretreatment and/or 0 and M. The completion date in this
schedule shall not be later than the compliance date established
for the applicable Pretreatment Standard.
(i) Where the Industrial User’s categorical Pretreatment
Standard has been modified by a removal allowance (Sec.
403.7), the combined wastestream formula (Sec. 403.6(e)),
and/or a Fundamentally Different Factors variance (Sec.
403.13) at the time the User submits the report required by
paragraph (b) of this section, the information required by
paragraphs (b)(6) and (7) of 40 CFR 403.12 shall pertain to
the modified limits.
(ii) If the categorical Pretreatment Standard is modified by a
removal allowance (Sec. 403.7), the combined
wastestream formula (Sec. 403.6(e)), and/or a
Fundamentally Different Factors variance (Sec. 403.1 3)
after the User submits the report required by paragraph (b)
of this section, any necessary amendments to the
information requested by paragraphs (b)(6) and (7) of 40
CFR 403.12 shall be submitted by the User to the Control
Authority within 60 days after the modified limit is
approved.
Compliance schedule for meeting categorical Pretreatment Standards.
The following conditions shall apply to the schedule required by
paragraph (b)(7) of 40 CFR 403.12:
(a) The schedule shall contain increments of progress in the form of
dates for the commencement and completion of major events
leading to the construction and operation of additional
pretreatment required for the Industrial User to meet the
applicable categorical Pretreatment Standards (e.g. , hiring an
engineer, completing preliminary plans, completing final plans,
executing contract for major components, commencing
construction, completing construction, etc).
(b) No increment referred to in paragraph (2)(a) of this section shall
exceed 9 months.
16
(c) Not later than 14 days following each date in the schedule and the
final date for compliance, the Industrial User shall submit a
progress report to the Control Authority including, at a minimum,
whether or not it complied with the increment of progress to be
met on such date and, if not, the date on which it expects to
comply with this increment of progress, the reason for delay, and
the steps being taken by the Industrial User to return the
construction to the schedule established. In no event shall more
than 9 months elapse between such progress reports to the
Control Authority.
B. Compliance Report:
Report on compliance with categorical pretreatment standard deadline. Within 90
days following the date for final compliance with applicable categorical
Pretreatment Standards or in the case of a New Source following
commencement of the introduction of wastewater into the POW, any Industrial
User subject to Pretreatment Standards and Requirements shall submit to the
Control Authority a report containing the information described in paragraphs (b)
(4)-(6) of 40 CFR 403.12. For Industrial Users subject to equivalent mass or
concentration limits established by the Control Authority in accordance with the
procedures in Sec. 403.6(c), this report shall contain a reasonable measure of
the User’s long term production rate. For all other Industrial Users subject to
categorical Pretreatment Standards expressed in terms of allowable pollutant
discharge per unit of production (or other measure of operation), this report shall
include the User’s actual production during the appropriate sampling period.
C. Periodic Reports on Continued Compliance:
(1) Any Industrial User subject to a categorical Pretreatment Standard
(except a Non-Significant Categorical User as defined in Sec.
403.3(~)(2)), after the compliance date of such Pretreatment Standard, or,
in the case of a New Source, after commencement of the discharge into
the POW, shall submit to the Control Authority during the months of
June and December, unless required more frequently in the Pretreatment
Standard or by the Control Authority or the Approval Authority, a report
indicating the nature and concentration of pollutants in the effluent which
are limited by such categorical Pretreatment Standards. In addition, this
report shall include a record of measured or estimated average and
maximum daily flows for the reporting period for the Discharge reported in
paragraph (b)(4) of 40 CFR 403.12 except that the Control Authority may
require more detailed reporting of flows. In cases where the Pretreatment
Standard requires compliance with a Best Management Practice (or
pollution prevention alternative), the User shall submit documentation
required by the Control Authority or the Pretreatment Standard necessary
to determine the compliance status of the User. At the discretion of the
Control Authority and in consideration of such factors as local high or low
flow rates, holidays, budget cycles, etc., the Control Authority may modify
the months during which the above reports are to be submitted.
17
(2) The Control Authority may authorize the Industrial User subject to a
categorical Pretreatment Standard to forego sampling of a pollutant
regulated by a categorical Pretreatment Standard if the Industrial User
has demonstrated through sampling and other technical factors that the
pollutant is neither present nor expected to be present in the Discharge,
or is present only at background levels from intake water and without any
increase in the pollutant due to activities of the Industrial User. This
authorization is subject to the following conditions:
The Control Authority may authorize a waiver where a
pollutant is determined to be present solely due to sanitary
wastewater discharged from the facility provided that the
sanitary wastewater is not regulated by an applicable
categorical Standard and otherwise includes no process
wastewater.
0)
(ii) The monitoring waiver is valid only for the duration of the
effective period of the Permit or other equivalent individual
control mechanism, but in no case longer than 5 years.
The User must submit a new request for the waiver before
the waiver can be granted for each subsequent control
mechanism.
(iii) In making a demonstration that a pollutant is not present,
the Industrial User must provide data from at least one
sampling of the facility’s process wastewater prior to any
treatment present at the facility that is representative of all
wastewater from all processes.
The request for a monitoring waiver must be signed in
accordance with paragraph (I) of this section and include
the certification statement in Sec. 403.6(a)(2)(ii). Non-
detectable sample results may only be used as a
demonstration that a pollutant is not present if the EPA
approved method from 40 CFR part 136 with the lowest
minimum detection level for that pollutant was used in the
analysis.
(iv) Any grant of the monitoring waiver by the Control
Authority must be included as a condition in the User’s
control mechanism. The reasons supporting the waiver
and any information submitted by the User in its request
for the waiver must be maintained by the Control Authority
for 3 years after expiration of the waiver.
(v) Upon approval of the monitoring waiver and revision of the
User’s control mechanism by the Control Authority, the
Industrial User must certify on each report with the
statement below, that there has been no increase in the
pollutant in its wastestream due to activities of the
Industrial User:
18
(vi)
(vii)
Based on my inquiry of the person or persons directly
responsible for managing compliance with the
specify Pretreatment Standard for 40 CFR --------------
applicable National Pretreatment Standard part(s)J, I
certify that, to the best of my knowledge and belief, there
has been no increase in the level of ------------ [list
pollutant(~)] in the wastewaters due to the activities at the
facility since filing of the last periodic report under 40 CFR
403.1 2(e)(l).
In the event that a waived pollutant is found to be present
or is expected to be present based on changes that occur
in the User’s operations, the User must immediately:
Comply with the monitoring requirements of paragraph
(e)(l) of 40 CFR 403.12 or other more frequent monitoring
requirements imposed by the Control Authority; and notify
the Control Authority.
This provision does not supersede certification processes
and requirements established in categorical Pretreatment
Standards, except as otherwise specified in the
categorical Pretreatment Standard.
(3) The Control Authority may reduce the requirement in paragraph (e)(l) of
40 CFR 403.12 to a requirement to report no less frequently than once a
year, unless required more frequently in the Pretreatment Standard or by
the Approval Authority, where the Industrial User meets all of the
following conditions:
(i) The Industrial User’s total categorical wastewater flow does not
(A) 0.01 percent of the design dry weather hydraulic capacity
of he POTW, or 5,000 gallons per day, whichever is
smaller, as measured by a continuous effluent flow
monitoring device unless the Industrial User discharges in
batches;
(B) 0.01 percent of the design dry weather organic treatment
(C) 0.01 percent of the maximum allowable headworks
loading for any pollutant regulated by the applicable
categorical Pretreatment Standard for which approved
local limits were developed by a POW in accordance
with Sec. 403.5(c) and paragraph (d) of 40 CFR 403.1 2;
The Industrial User has not been in significant noncompliance, as
defined in Sec. 403.8(f)(2)(viii), for any time in the past two years;
The Industrial User does not have daily flow rates, production
levels, or pollutant levels that vary so significantly that decreasing
the reporting requirement for this Industrial User would result in
data that are not representative of conditions occurring during the
reporting period pursuant to paragraph (g)(3) of 40 CFR 403.12;
(ii)
(iii)
19
(iv) The Industrial User must notify the Control Authority immediately
of any changes at its facility causing it to no longer meet
conditions of paragraphs (e)(3)(i) or (ii) of 40 CFR 403.12. Upon
notification, the Industrial User must immediately begin complying
with the minimum reporting in paragraph (e)(l) of 40 CFR 403.12;
and
(v) The Control Authority must retain documentation to support the
Control Authority’s determination that a specific Industrial User
qualifies for reduced reporting requirements under paragraph
(e)(3) of 40 CFR 403.12 for a period of 3 years after the expiration
of the term of the control mechanism.
(4) For Industrial Users subject to equivalent mass or concentration limits
established by the Control Authority in accordance with the procedures in
Sec. 403.6(c), the report required by paragraph (e)(l) of 40 CFR 403.12
shall contain a reasonable measure of the User’s long term production
rate. For all other Industrial Users subject to categorical Pretreatment
Standards expressed only in terms of allowable pollutant discharge per
unit of production (or other measure of operation), the report required by
paragraph (e)(l) shall include the User’s actual average production rate
for the reporting period.
D. Categorical Pretreatment Standard Compliance Reports
Significant Non-categorical Industrial Users must submit to the Control Authority
at least once every six months (on dates specified by the Control Authority) a
description of the nature, concentration, and flow of the pollutants required to be
reported by the Control Authority. In cases where a local limit requires
compliance with a Best Management Practice or pollution prevention alternative,
the User must submit documentation required by the Control Authority to
determine the compliance status of the User. These reports must be based on
sampling and analysis performed in the period covered by the report, and in
accordance with the techniques described in part 136 and amendments thereto.
This sampling and analysis may be performed by the Control Authority in lieu of
the significant non-categorical Industrial User.
E. The reports required by Paragraphs A, B, C and D at this Section must be based
on data obtained through appropriate sampling and analysis performed during
the period covered by the report, which data are representative of conditions
occurring during the reporting period as required by 40 CFR 403.12(g)(3).
F. If any Industrial User subject to the reporting requirement in Paragraphs C or D
of this Section monitors any regulated pollutant at the appropriate sampling
location more frequently than required by the Control Authority, using the
procedures prescribed below, the results of this monitoring shall be included in
the report.
(1) All analyses shall be performed in accordance with procedures
established by the Administrator pursuant to section 304(h) of the Act and
contained in 40 CFR part 136 and amendments thereto or with any other
20
test procedures approved by the Administrator. (See, Sec. Sec. 136.4
and 136.5.) Sampling shall be performed in accordance with the
techniques approved by the Administrator. Where 40 CFR part 136 does
not include sampling or analytical techniques for the pollutants in
question, or where the Administrator determines that the part 136
sampling and analytical techniques are inappropriate for the pollutant in
question, sampling and analyses shall be performed using validated
analytical methods or any other sampling and analytical procedures,
including procedures suggested by the POW or other parties, approved
by the Administrator.
13.1 2.1 30 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.
13.1 2.1 40 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.
13.12.1 50 Connections outside city.
A. Whereas:
1. San Joaquin County will retain its authority over land use approval for
wineries located within county jurisdiction.
2. The city of Lodi’s general plan contains the following land use element
goals:
a. Policy LU-A.l - The city shall seek to preserve Lodi’s small-town
and rural qualities.
b. Policy LU-A.4 - The city shall promote reinvestment in downtown
Lodi and in the Eastside area that upgrades the general quality of
development in these areas.
C. Goal LU-B - To preserve agricultural land surrounding Lodi and
to discourage premature development of agricultural land with
nonagricultural uses, while providing for urban needs.
d. Policy LU-B.l - The city shall encourage the preservation of
agricultural land surrounding the city.
21
e. Policy LU-B.2 - The city should designate a continuous open
space greenbelt around the urbanized area of Lodi to maintain
and enhance the agricultural economy.
f. Policy LU-B.6 - The city shall encourage San Joaquin County to
retain agricultural uses on lands adjacent to the city.
g. Goal LU-D - To promote and retain development in downtown
Lodi.
h. Policy LU-D.l - The city shall preserve and promote downtown
Lodi and the city’s social and cultural center and an economically
viable retail and professional office district.
1. Policy LU-D.3 - The city shall enhance pedestrian activity and
pedestrian amenities in downtown Lodi.
3. The city encourages compact development and discourages leapfrog
development and urban sprawl within the Highway 12Anterstate 5
corridor, all of which would be inconsistent with the above general plan
goals. The city’s general plan is committed to the above goals within its
own boundaries as well, stating the following:
a. A-5 The city shall require specific development plans in areas of
major new development.
b. E-2 The city shall promote downtown Lodi as the primary
pedestrian-oriented, commercial area of Lodi.
c. E-4 The city shall ensure the new commercial development be
designed to avoid the appearance of strip development.
d. E-7 In approving new commercial projects, the city shall seek to
ensure that such projects reflect the city’s concern for achieving
and maintaining high quality development.
4. Providing wastewater treatment service to Flag City on the condition that
service not be afforded to developments that conflict with the goals set
forth herein furthers those goals by concentrating development in an
existing county service area with set boundaries.
5. County acknowledges the goals set forth in the Lodi general plan as set
forth above and has similar provisions in its general plan which
encourage agricultural uses, compact land use and development, and
discourage “leap frog development” and “urban sprawl.” Toward these
ends, the county general plan provides:
a. To make efficient use of land and promote a functional
development pattern with varied and compatible land uses.
22
b. To minimize the effect on agricultural lands and other
environmental resources while providing for orderly growth.
c. To create a visually attractive county.
d. To avoid the problems and costs imposed on local government by
development that does not have adequate services.
e. Rural communities shall:
1. Be planned to have minimal growth, mainly infill
development, with expansion discouraged;
II. Be planned to serve the immediate needs of the
community’s residents or the surrounding agricultural
community;
iii. Have a minimum land area of fifty acres or have been
identified on the general plan 1995 map as a residential
area.
f. Development shall be orderly and compact.
g. Development should occur on vacant lots within existing
communities as “infill” before extending beyond the current
developed areas of a community.
h. Freeway Service.
1. Function. Provide for commercial uses oriented almost
exclusively to serving the needs of the freeway traveler.
ii. Typical Uses. Travel-related businesses including gasoline
service stations, food and beverage sales, eating and
drinking establishments, and hotels and motels.
iii. Development and Locational Criteria. Freeway Service
areas shall be:
(A) Designated only adjacent to full freeway
interchanges where development will be easily
accessible and visible to the freeway traveler.
(B) Limited in number to encourage clustering of uses
at selected interchanges;
(C) Limited in area in order to reduce impacts on
surrounding land uses and control the physical and
visual extent of these areas;
23
(D) Developed so that buildings occupy no more than
sixty percent of the lot and are no more than three
stories in height; and
Designed in an attractive manner that creates a
favorable impression of the county by considering
the overall site design, landscaping, scale of
development, signage, relationship to adjacent
uses, circulation and parking, and architecture.
There is a need for upgraded sewer treatment facilities to service Flag
City and the parties wish to cooperatively ensure that any development
that occurs in Flag City is orderly, compact and in compliance with the
goals of the city and county general plans.
(E)
6.
B. Now therefore be it further ordained as follows:
1. Service Outside Lodi. Except as set forth below, no discharge from
private facilities or properties outside the city of Lodi shall be allowed into
the domestic sewerage or storm drainage systems. The city council may
by contract allow connection from: (1) winery facilities outside Lodi to the
industrial sewerage system on the terms set forth in this section so long
as the system has adequate existing capacity to service the waste (2)
publicly owned wastewater systems (“public district”) to the domestic
wastewater treatment system on terms set forth in this section so long as
the system has adequate existing capacity to service the waste.
2. Terms of Private Industrial Connection. Any winery wastewater
connection permitted pursuant to the contract called for in this section
shall contain the following minimum terms:
a. Permit. Applicant shall comply with the terms of the industrial
system discharge permit to be issued by the city, which will
include but not be limited to limitations on flow, BOD, ph, TDS,
and suspended solid concentrations and prohibitions on discharge
of hazardous waste in conformance with the city’s discharge
permit.
RateEurcharge. Winery’s rate for discharge shall be set at one
hundred fifty percent of the city’s standard published rate for
industrial waste.
Capacity Charge. Winery shall pay a one-time capacity charge
based on annual flow and BOD loading prior to connection per this
chapter.
d. Non-Assignment. Applicant may not sell capacity or accept
wastewater from other locations.
e. Downtown Retail Presence. Applicant shall open and operate a
wine tasting room to market its products in downtown Lodi during
the entire term of its connection to the city’s sewer system. The
establishment shall be operated within the following minimum
requirements:
b.
c.
24
3.
f.
i. It shall be at least five hundred square feet, have its
products available for sampling and sale, and be open a
minimum of forty hours per week, including Saturday and
Sunday and shall be located in downtown Lodi as defined
by the area bordered by Church Street, Lodi Avenue,
Lockeford Street, and the Union Pacific Railroad tracks.
ii. If this condition cannot be met within twelve months of
connection, applicant shall pay an annual downtown
development and promotional in-lieu fee in the amount
established by the city council. The fee shall be retroactive
for one year and shall be assessed annually (until such
time as the requirements of subsection i of this paragraph
have been satisfied) as annually adjusted according to the
Bay Area-All Items Consumer Price Index. If condition i
above cannot be met within six years of connection, this
Agreement will terminate and applicant will be required to
make alternate arrangements for its wastewater.
Annexation. Applicant, in consideration for receiving city sewer
service, will consent to the annexation to the city of Lodi of its
property served by the city industrial sewerage system, waives
any right to protest the annexation, and assigns to the city any
right to vote on the annexation. Annexation shall occur when and
if the city deems the annexation of the subject property feasible
and advisable. In the event the annexation is sought by applicant,
applicant agrees to pay city an amount to cover the subject
property’s proportionate share of the costs to conduct the
annexation. In the event that the applicant does ultimately connect
to city service, applicant agrees to enter into a short-form
memorandum of agreement expressing the obligations of this
paragraph in recordable form.
Terms of Public District Connection. Any delivery of wastewater permitted
pursuant to this section shall be subject to the following minimum terms:
a. Permit. Public district shall comply with the terms of a discharge
permit to be issued by the city which will include but not be limited
to limitations on maximum flow, BOD, ph, TDS and suspended
solid concentrations and prohibitions on discharge of hazardous
waste in conformance with the city’s NPDES permit. The terms of
this discharge permit will be no more stringent than those required
under the city’s NPDES permit. However, city may change the
terms of the discharge permit without notice if necessary to
comply with state or federal requirements.
b. Volume. Limits will be set by contract that cannot exceed the
White Slough Wastewater Treatment Plant’s capacity.
25
c. RateKurcharge. Public district's charges will be as established by
the city for its high strength customer users plus a surcharge in an
amount to be set by contract.
d. Capacity Charge. Public district shall pay a one-time capacity
charge based on the then-current rates for new city development
at the time of connection. (These charges are adjusted annually).
Additional capacity charges at the current city rates will apply for
each increment of effluent over the amount initially paid. Capacity
charge reductions or credits may be granted for steps taken by
public district to minimize impacts to city's overall treatment plant
capacity through pre-treatment, off-peak delivery, or other
mutually agreed strategies.
e. Administrative Charge. Public district shall pay city a fee to be set
by contract as a one time administrative charge upon the
execution of such contract.
f. Public district will be solely responsible for all costs associated
with installing a pipeline ("collection facilities") to connect to Lodi's
system.
g. City will bill for its services directly to public district and not to
individual customers. Annual billing will begin with commencement
of flow to the city's facility and will be billed in advance for a twelve
month period, based on estimated flow and strength. Subsequent
annual billings will be based on actuals for the prior twelve
months. Public district will pay all invoices within thirty days of the
date of the invoice.
h. Neither public district will knowingly allow any person or entity to
discharge to its collection facilities whose property is outside the
public district service area, without prior city approval, which city
may withhold in its absolute discretion.
1. Reimbursement. Public district shall reimburse the city for all costs
incurred by the city in connection with the project.
13.1 2.1 60 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.
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
26
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 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 capacity fees.
6
7
1 3.1 2.1 80 Domestic system service charges.
2.00
2.25
A. Basis. Charges for use of the domestic system shall be determined by the
volume, BOD, and SS of wastes discharged. In addition, charges for preparation and
maintaining the sewer master plan, expansion of the Public Works Administration Building, and
expansion of the Public Works Storage Facilities are allocated based upon volume, BOD, and ss.
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 .O 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. Residential user sewage service units shall be based upon the number of
bedrooms per dwelling units as follows:
Number of Bedrooms
1 10.75
[Sewage Service Units
12 I1 .oo I
I3 11 -25 I
4 11.50
5 11.75 I
27
User Descriptions Unit of Measure
1. Meeting place, religious
2. Meeting place, public
3. Hotel, motel without kitchenettes
4. Hotel, motel with kitchenettes
5. Veterinary clinic
6. Post office
7. Funeral parlor
Each 200 seats
Each 100 seats
Each 3 beds
Each unit
Each 4 employees
Each 15 employees
Each 3 employees
D. High-Strength Users.
16. Eating place, “pizza parlor” Each 35 seats
17. Eating place, take-out only Each 5 employees
18. Lunch truck business Each 5 employees
19. Laundry, coin-op., reg. mach. Each 1.5 machines
20. Laundry, coin-op., big mach. Each machine
21. Comm. laundry and dry cleaning Each 3 employees
22. Dentist’s office ~ Each 5 employees
23. Office, store, warehouse manufacturer, Each 8 employees
doctor’s chiropractor’s and X-ray off ices
24. Grocery store, supermarket (having Each 4 employees
veg/fruit or butchedmeat sections)
25. Bar Each 20 seats
26. Barber, beauty shop
27. Hospital, convalescent home
28. Rest and retirement home
29. Mobile home park
30. RV dump station
Each 3 workstations
Each 3 beds
Each 3 beds
Each 1.33 pads
Each station
1. All high-strength user sewage service charges shall be determined based
upon the actual quantity of flow, BOD, and SS discharged annually.
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2. The sewage service charge shall be determined by multiplying the
quantity of discharged flow, BOD, and SS by the cost for each characteristic.
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.
13.1 2.1 90 Domestic system capacity or impact fees.
The capacity fee shall cover the capital cost associated with the POW capacity and the
planning, financing, acquisition, and development of other services and facilities directly related
to the utilization of capacity by the discharger. Any actual costs incurred by the city in making
the physical connection (tap) shall be separate and in addition to the capacity 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.
8. 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.
C.
fees as described in this section.
City projects and projects funded by the city are exempt from capacity
13.1 2.1 95 Downtown business district capacity fees.
A. The city council finds and declares that the central area of Lodi as defined in this
chapter, 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 within this area.
B. For purposes of this section, the “central business district” shall mean an area
whose boundaries are the same as those for the area subject to the city of Lodi bond issue,
Series 1995-1, dated July 22, 1996, more particularly described in the bond documents and
map on file with the city clerk’s office.
C. Wastewater capacity fees for any permitted use which locates, relocates or
expands within the central business district as defined shall be discounted as determined by the
city council by resolution.
D. Notwithstanding any discount granted under this section, the monthly or annual
sewage fees set by city council from time to time for any use locating, relocating or expanding
within the central business district, shall be calculated on the full number of sewage service
units which the use would have otherwise been responsible for under Section 13.12180 of this
code if such use was located outside the central business district.
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13.1 2.200 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.
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 and/or the cost of providing
additional new capacity. The capacity fee shall be based on a unit rate for flow and BOD.
13.12.21 5 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. 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 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.
13.12.220 Storm drain and cooling water service charges.
A. The rate for disposal of stormwaters, cooling water discharges or construction
flush waters into the 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 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, cooling water or construction flush waters.
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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 irrigation 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.
13.1 2.230 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.
13.1 2.240 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.
13.1 2.250 Billing and collections.
All billing and collections for service charges shall be per Section 13.04.030 of this code.
13.1 2.260 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 with Section 13.1 2.590. 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.
Article IV
Construction Generally
13.1 2.270 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.
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13.1 2.280 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.
13.1 2.290 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.
Article V
Extensions
13.1 2.300 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.
1 3.12.31 0 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.
13.1 2.320 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.
13.1 2.330 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.
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.
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13.1 2.370 Reimbursement-Oversize 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.
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.
Article VI
Administration
1 3.12.420 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, 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. All reports are due fourteen
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.
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 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.
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.
wastewater flow;
A user who requires the user charges and fees to be based on an estimation of
B. Any user whose wastewater strength is less than the normal range for the user
classification because of pretreatment, process changes or other reasons;
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C. Any single dwelling, office, commercial business, lodge, apartment, church or
multi-use building user who discharges only domestic waste.
13.1 2.450 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:
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 II of this chapter;
4. Time and duration of discharge;
5. Average and 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,
Each product produced by type, amount and rate of production,
Number of employees and hours of work.
C.
d.
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.
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1 3.12.460 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:
The unit charge or schedule or user charges and fees for the wastewater to be
discharged to the sewerage system;
The collection of capacity fee, inspection fee and prepayment for the prorated
portion of annual user charges, if collected annually;
The average and maximum wastewater characteristics;
Limits on rate and time of discharge or requirements for flow regulations and
Requirements for installation of inspection, monitoring and sampling facilities;
A.
B.
C.
D.
equalization;
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(g)(3) and
(g)(4) and standards for tests as specified in 40 CFR 136 and reporting schedule;
H.
I.
Requirements for submission of technical reports or discharge reports;
Requirements for maintaining plant records relating to wastewater discharge as
specified by the city, and affording the city access thereto;
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;
Other conditions as deemed appropriate by the public works director to ensure
compliance with this chapter and federal and state regulations.
Requirements for “slug discharge” plans as required by 40 CFR 403.8(f)(2)(v).
J.
K.
L.
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 sixty 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.
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13.1 2.480 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.
13.1 2.490 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.
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;
D. Failure to pay city utility bills;
E. Violation of conditions of the permit.
13.12.51 0 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.
36
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.
13.1 2.520
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 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 ensuring compliance with all regulations.
13.1 2.530 Accidental discharge prevention.
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.
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.
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.
13.1 2.540 Confidential information.
Inspection, sampling, monitoring and analysis.
A.
B.
C.
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
37
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.
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.
6.
13.1 2.550 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.
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 Water
Services Manager or the White Slough Water Pollution Control Facilities
(WSWPCF) personnel immediately by telephone or in person, or by
calling the public works department twenty-four-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.
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.
3.
B. If sampling performed by a user indicates a violation, the user must notify the
watedwastewater 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)(2).
-
38
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 effective 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.
13.1 2.565 Notice of Potential Problems, Including Slug Loading, Regardless of Whether or
Not a Discharge Violates the Terms of this Chapter.
All Industrial users shall notify the Water Services Manager or White Slough Water Pollution
Control Facility personnel immediately of all discharges that could cause problems to the
WSWPCF including slug discharge as defined by Lodi Municipal Code 513.12.020 (50).
13.1 2.566
All significant Industrial Users are required to notify the Water Services Manager or White
Slough Water Pollution Control Facilities personnel of all changes at their facility that affect the
potential for a Slug Discharge.
13.1 2.567
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.
13.1 2.570
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:
Notice of facility changes affecting potential for slug discharges.
Notice of changed discharge.
Cease and desist order.
A. Comply forthwith;
8.
C.
violation.
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
13.1 2.580 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.
13.1 2.590 Appeals.
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
A.
39
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.
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.
B.
13.1 2.600 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.
13.1 2.61 0 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.
13.1 2.620 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.
13.1 2.630 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.
13.1 2.640 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
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discharge which may cause imminent danger to human health, the environment, or which
threatens to intetfere with the treatment plants operation. This provision is in addition to other
statutes, rules or regulations, authorizing termination of service for delinquency in payment.
13.1 2.650 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 Noncompliance with
any provisions of this chapter or in significant violation of any permit or order issued hereunder
during the period since the previous publication.
Approved this 1 8th day of February, 2009 A
ATTEST/ 7 RAND1 JOHL
City Clerk
State of California
Couhty of San Joaquin, ss.
Mayor
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1819 was
introduced at a regular meeting of the City Council of the City of Lodi held February 4, 2009,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held February 18, 2009, by the following vote:
AYES:
NOES: COUNCIL MEMBERS - None
COUNCIL MEMBERS - Johnson, Katzakian, Mounce, and
Mayor Hansen
ABSENT: COUNCIL MEMBERS - Hitchcock
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1819 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law. ,ct?-, City Clerk
W City Attorney
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