HomeMy WebLinkAboutAgenda Report - April 5, 1995 PHc4�ycoa�`P
CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Public Hearing to Consider Amending Sewer Ordinance
MEETING DATE: April 5, 1995
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council conduct the public hearing to discuss the
proposed changes to the Sewer Ordinance (Lodi Municipal Code,
Chapter 13.12, Sewer Service) and introduce the appropriate amended
Sewer Ordinance.
BACKGROUND INFORMATION: The attached Exhibit A recaps the proposed changes and the
reasons the changes are being recommended. Also attached is
the complete amended Sewer Ordinance. The majority of the
changes are necessary in order to comply with the regulations of
EPA and the Regional Water Quality Control Board.
FUNDING: Not applicable.
&I
JalRonsko
Works Director
JLR/Im
Attachments
cc: City Attorney
WaterNVastewater Superintendent
Chamber of Commerce
i
APPROVED: I %4
THOMAS A. PETERSON recycled paper
City Manager
CC -1
PHSWRORD.DOC 031271%
EXHIBIT A
The following is a breakdown of reason for the additions, deletions, and changes being made in
the Lodi Municipal Code related to sewer service.
13.12.020
To correct for a name change of the organization
13.12.020 (5)
Name changed from connection fee to clarify reason for fee
13.12.020 (9)
Name changed to "capacity fee"
13.12.020 (44-)
Changed to "significant user" to correspond to EPA regulations
13.12.020 (12)
Changed to conform to Regional Water Quality Control Board (RWQCB)
13.12.030 (N)
and EPA regulations
13.12.020 (13)
Added to clarify use in ordinance body
13.12.020 (18)
Update to current policy
13.12.020 (20)
Clarify language
13.12.020 (21)
Required by the RWQCB to conform with EPA regulations.
13.12.020 (26)
Clarify language
13.12.020 (27)
Update to current policy
13.12.020 (28)
Required by the RWQCB to conform with EPA regulations
13.12.020 (29)
Clarify language
13.12.020 (35)
Updated to current definition
13.12.020 (40)
To define as used in ordinance body and EPA regulations
13.12.020 (46)
Made "Storm Sewer" a separate definition
13.12.020 (48)
Required by the RWQCB to conform with EPA regulations
13.12.020 (50)
Required by the RWQCB to conform with EPA regulations
13.12.020 (52)
To define as used in ordinance body
13.12.020 (53)
Updated abbreviation
13.12.020 (58)
Required by the RWQCB to conform with EPA regulations
13.12.030 (A)&(C) Required by the RWQCB to conform with EPA regulations
13.12.030 (H)
Required by agreement with Woodbridge Irrigation District
13.12.030 (L)
Clarify language
13.12.030 (M)
Moved from 13.12.110 to comply with EPA regulations and made more
reasonable, easier to enforce, and still protective enough for Sewer
Systems
13.12.030 (N)
Moved from 13.12.110 to comply with EPA regulations
13.12.030 (0)&(Q)
Required by the RWQCB to conform with EPA regulations
13.12.030 (R)
Added to protect groundwater from these chemicals due to sewer leaks
13.12.040 Required by the RWQCB to conform with EPA regulations
13.12.050 Removed as required by the RWQCB to conform with EPA regulations
13.12.060 Clarify original intent
13.12.070 (B) Updated name
13.12.070 (D) Removed as unnecessary if other conditions are met
13.12.080 (A)(1) Removed for clarification
13.12.090 Clarify language
13.12.110 (A)&(1=) Covered by 13.12.430
13.12.110 (9)&(D) Moved to 13.12.030 as required by RWQCB
13.12.110 (C) Changed to meet current standards
13.12.110 (E) Updated to current policy
13.12.115 Added to meet current policy
13.12.120 Required by the RWQCB to conform to EPA regulations
13.12.150 Added for clarity
Article III, 13.12.170, .13.12.180 (C), 13.12.190, 13.12.195, 13.12.210, 13.12.215 (B) and
(C), 13.12.240, 13.12.260
13.12.460(B) Name of fee changed to more accurately reflect the purpose of the fee
13.12.180 (C)&(D) Language no longer required in ordinance (was required under expired
Clean Water Act grant) and update to current policy
13.12.180 (C)(2) Update to current policy and Finance Department's billing procedures.
13.12.180 (C)(2)(31) Category established because monitoring demonstrated the waste was
significantly different from other categories.
13.12.180 (E) Added for pretreatment program costs recovery
13.12.190 Changed for clarity
13.12.190 (A) Update to current policy and Finance Department's billing procedures
13.12.190 (C) Added to exempt City projects as done currently by policy
13.12.195 (C) Changed for clarity
13.12.210 Changed for clarity
13.12.220 (A),(B)&(C) Additions were for clarity, the deletions were required by the RWQCB to
conform to EPA regulations
13.12.245 No longer necessary, charges and fees are set by resolution per
13.12.240
13.12.250 Changed for clarity
13.12.280 Clarify language
13.12.420 Updated to current policy
13.12.430 Name changed and definition moved to 13.12.020 to comply with EPA
regulations
13.12.450 (A)(5) Updated to current policy
13.12.450 (B)&(D) Required by the RWQCB to conform to EPA regulations
13.12.460 (G)&(L) Required by the RWQCB to conform to EPA regulations
13.12.500 (D) Changed for clarity and reflects on current billing procedures
13.12.520 Required by the RWQCB to conform to EPA regulations
13.12.530 (C) To clarify existing policy and protect health of citizens
13.12.540 (B)&(C) Required by the RWQCB to conform to EPA regulations
13.12.560 (A)(1) Wording changed for clarity
13.12.560 (B) Required by the RWQCB to conform to EPA regulations
13.12.640 Needed to terminate wastewater services in many cases
13.12.650 (B) Required by the RWQCB to conform to EPA regulations
Chapter 13.12
SEWER SERVICE
Sections:
Article I.
General Provisions
13.12.010
Purpose and policy.
13.12.020
Definitions.
Article II.
Discharge Restrictions
13.12.030
Prohibited discharges.
13.12.040
059
Storm drainage and groundwater.
ttgd
12 V
13.12.060
up Pell, ;AF;atgr
Septic tanks.
13.12.070
Radioactive wastes.
13.12.080
Garbage grinders.
13.12.090
Direct discharge -Use of service sewer.
13.12.100
Holding tank waste.
13.12.110
Restricted discharges.
13.12.115
Grease, oil, and sand interceptors.
13.12.120
Federal pretreatment requirements.
13.12.130
Industrial waste permits.
13.12.140
Other legal restrictions.
13.12.150
Connections outside City.
13.12.160
Screening of industrial waste.
Article III.
Service Charges and Capacity GQRReGt'GR Fees
13.12.170
Classification.
13.12.180
Domestic system service charges.
13.12.190
Domestic system capacity seRnestiea fees.
13.12.195
Downtown business district capacity se+;estien fees.
13.12.200
Industrial system service charges.
13.12.210
Industrial system ca aci seaaestiGR fees.
13.12,215
Adjustments and additions.
13.12.220
Storm drain and cooling water service charges.
13.12.230
Holding tank waste charges.
13.12.240
Charges and fees.
13.12.250
Billing and collections.
13.12.260
Appeals.
Article IV.
Construction Generally.
13.12.270
Permit.
13.12.280
Design standards.
13.12.290
Application for service.
Article V.
Extensions
13.12.300
Purpose.
13.12.310
Application,
13.12.320
Applicants obligation.
13.12.330
Extension for full frontage width.
13.12.340
Minimum diameter.
13.12.370
Reimbursement - Oversize mains.
Article VI.
Administration
13.12.420
Discharge reports.
13.12.430
Discharge permit - Required.
13.12.440
Discharge permit - Optional.
13.12.450
Discharge permit - Application.
13.12.460
Discharge permit - Conditions.
13.12.470
Discharge permit - Term - Changes - Renewal.
13.12.480
Discharge permit - Transfer.
13.12.490
Discharge permit - Suspension.
13.12.500
Discharge permit - Revocation.
13.12.510
Monitoring facilities.
13.12.520
Inspection, sampling, monitoring and analysis.
13.12.530
Accidental discharge prevention.
13.12.540
Confidential information.
13.12.550
Special agreements.
Article VII.
Enforcement
13.12.560
Accidental discharge notice.
13.12.570
Cease and desist order.
13.12.580
Compliance timetable.
13.12.590
Appeals.
13.12.600
Liability.
13.12.610
Injunction.
13.12.620
Damage to sewerage system - Charge.
13.12.630
Civil penalties.
13.12.640
Termination of service.
13.12.650
Public notice of violation.
Article I. General Provisions
13.12.010
Purpose and policy. These wastewater discharge regulations set uniform requirements for discharges of
domestic, industrial waste and storm drainage water into the City sewerage system to enable the City to
comply with the administrative provisions of the Clean Water Grant Regulations, water quality requirements
set by the Regional Water Quality Control Board and the applicable effluent limitations, national standards of
performance, toxic and pretreatment effluent standards, and any other discharge criteria which are required
or authorized by state or federal law, and to derive the maximum public benefit by regulating the quality and
quantity of wastewater discharged into those systems. (Ord. 1501 § 1 (part), 1990)
13.12.020
Definitions. Unless otherwise defined in this chapter, terms shall be as adopted in the latest edition of
Standard Methods for the Examination of Water and Wastewater, published by the American Public Health
Association, the American Water Works Association, and the Water Environment
Federation. Waste constituents and characteristics shall be measured by the approved methods as defined
below. The following words shall have these meaning(s):
1. "Approved methods" means the analytical methods listed in the Federal Register 40 CFR Part 136,
unless expressly stated, or as established by federal or state regulatory agencies.
2. "Bedroom(s)" means room(s) of a residential user designed or used primarily for sleeping purposes, as
determined by the City, based on criteria such as those rooms having closets.
3. "Biochemical oxygen demand (BOD)" means the amount of dissolved oxygen required to meet the
metabolic needs of aerobic microorganisms in water containing organic matter as determined by approved
methods and, unless otherwise noted, exerted in a period of five days at twenty degrees Celsius.
4. "By-pass" means an intentional diversion of waste or wastewater from any portion of an industrial
user's treatment facility.
5. "Capacity fee" means a charge as described in this chapter. levied on construction, or on new,
expanded or ongoing activily. which uses POTW capacity, The fee is normally paid at the time of issuance of
a building permit.
6a. "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.
76. "Commercial user" means any user of the sewerage system except those specifically classified as
residential user or industrial user_
$7. "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.
99. "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.
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9. "Gonnei;t;en fee" me-ans- a c*aFge, ar, desGAbed in this rhapteF, levied 9F; A90.9 GARStRIG-tiOR ThA fAQ
nopmally paid at the time of issuann-e of a building permit
10. "Contamination" means an impairment of the quality of the receiving waters by waste to a degree
which creates a hazard to the public health through poisoning or through the spread of disease.
of this GhapteF.
121. "Dissolved solids" means residue upon evaporation of water after filtration as determined by approved
methods. Also termed "total dissolved solids" or "TDS".
132. "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 99FAM Rity--SO
domestic system.
14.3. "Domestic system or sanitary sewer system" means a portion of the sewerage system and treatment
facility used primarily for domestic sewage.
1.54. "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.
165. "Federal Act or Federal Regulations" means the Federal Water Pollution Control Act, PL 92-500, and
any amendments thereto; as well as any guidelines, limitations and standards promulgated by the
Environmental Protection Agency pursuant to the Act including the Federal Register, 40 CFR Subchapter IV
for pretreatment regulations and the Federal Clean Water Act.
17§. "Fixed total dissolved solids" means residue upon evaporation of water and heating to five hundred
and fifty degrees centigrade after filtration as determined by approved methods.
167. "Gpd or gpd" means gallons per day.
19$. "High strength user' means a user with discharge volume in excess of 9 2-MGY 2.0 MGY or a daily
average waste strength in excess of the limitations in Section 13.12.110 or in excess of ei h r three hundred
milligrams per liter BOD apolor three hundred milligrams per liter SS and/or nine hundred milligrams per liter
COD or as determined by the Public Works Director.
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2919. "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.
240. 'Industrial system" means the portion of the sewerage system used primarily for industrial waste which
discharges directly tto the ponding and irrigation system at the treatment plant.
2221. 'Industrial user' means a user subject to regulation by Clean Water Act Section 3070. (c). or (d) or
40 CFR 403.3(8) and (h) who discharges industrial waste Lto the sewerage system. Any U69F of a
13 Mining
223. 'Industrial waste" means the waterborne waste and wastewater from any production, manufacturing or
processing operation of whatever nature, including institutional and commercial operations, where water is
used for the removal of significant quantities of waste other than from human habitation of premises
connected to the domestic or industrial sewers. Contents of chemical toilets, septic tanks, waste holding
tanks and waste sumps shall be classed as industrial waste.
234. 'Interference" means the inhibition or disruption of the sewer system, treatment processes or
operations of the treatment plant which contributes to the violation of its discharge requirements including
inhibition or disruption of sludge disposal practices or compliance with any of the statutory authorities listed in
the Federal Register 40 CFR Part 403.3(i).
245. "mgd or MGD" is the abbreviation for million gallons per day.
206. "MGY" is the abbreviation for million gallons per year.
5
2_Q�:. "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.
279. "Moderate strength user' means users with a wastewater strength of less than three hundred
milligrams per liter of BOD and SS and having a FnedeFate waste flow less than 9:A4GY 2 Y.
28. "National Pretreatment Standard. Pretreatment Standard. or Standard" means any regulation containing
pollutant discharge limits promulgated by the EPA in accordance with Clean Water Act section 3070 and (c)
which applies to Industrial Users. This term includes prohibitive discharge limits established oursuant to 40
CFR 403.5.
29. "Natural outlet" means any outlet into a watercourse, ditch, pond, lake or other body of of surface water
or groundwater.
30. "New source" means an industrial user discharging, or planning to discharge, from a source at which:
1) Construction is carried out at a site at which no other source is located,
2) Construction totally replaces the process, or production equipment that produces, the wastewater at an
existing source, or
3) The wastewater producing process constructed is substantially independent of an existing source at the
same site.
31. "Nuisance" means anything which is injurious to health, or is offensive to the senses, or an obstruction
to the free use of property so as to interfere with the comfort or enjoyment of life or property, or which affects
at the same time an entire community or neighborhood or any considerable number of persons, although the
extent of the annoyance or damage inflicted upon individuals may be unequal.
32. "Pass through" means the introduction of a pollutant by a user into the sewerage system which leaves
the treatment plant in quantities or concentrations that alone or in conjunction with other sources, cause a
violation of the City's discharge requirements.
33. "Permit" means wastewater discharge permit issued by the Public Works Department.
34. "Person" means any individual, partnership, firm, association, corporation or public agency, including
the State of California and the United States of America.
[:i
35. "pH" means the negative logarithm e#the-reGipresat of the hydrogen -ion activity in moles per liter of
solution as determined by approved methods.
36. "Pollutant" means any substance which can cause pollution.
37. "Pollution" means an alteration of the quality of the receiving waters by waste to a degree which
unreasonably affects such waters for beneficial use or facilities which serve such beneficial uses. Pollution
may include, but not be limited to, contamination.
38. "Pretreatment' means the treatment or flow limitation of industrial wastes prior to discharge into the
City sewerage system.
39. "Private sewer, building sewer or house service sewer" means that part of the building sewer beginning
at the junction, thereof, with the building plumbing or drainage system and terminating at the property line or
at the easement line.
40. "Publicly Owned Treatment Works (POIM" means any devices and systems used in the storam
treatment. recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. This
includes sewers, pipes. and other conveyances if they convey wastewater to a POTW treatmentlig ant•
418. "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.
424. "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.
432. "Sewage" means the waterbome wastes received from human habitation and use of premises for
residential, commercial, institutional and industrial purposes.
443. "Sewage service charge" means a regular charge for each user based upon each users proportional
use of the sewerage system.
7
454. "Sewage service unit or SSU" is defined as each increment of flow equal to the flow from an average
two-bedroom residence ( two hundred and six gallons per day) and having a strength less than three
hundred milligrams per liter BOD and SS.
4_Qa. "Sewer" means a pipe or conduit which carnes 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. " '
476. "Sewerage system" means all works for collecting, pumping, treating, disposing, storing or reclaiming
sewage, industrial waste and/or storm water.
48 "Significant user' means all industrial users subject to Categorical Pretreatment Standards under 40
CFR 403,6 and 40 CFR Chapter I Subchapter N: and any other industrial user that discharges an average
of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary noncontact
cooling and boiler blowdown wastewater): contributes a process wastestream which makes ups percent or
more of the average dry weather hydraulic or organic capacity of the POTW treatment plant or is designated
by the Public Works Director on the basis that the industrial user has a reasonable potential for adversely
affecting the POTWs operation or for violating any pretreatment standard or requirement.
49-7. "Slug" means a sudden large increase or decrease (factor of two or more) from normal waste volume
or concentration.
50. "Slug discharge" means any discharge of a non -routine. episodic nature including but not limited to. an
accidental spill or a non -customary batch discharge.
4851. "Storm drain system" means any portion of the sewerage system used for the conveyance of
stormwater or surface or subsurface drainage water.
52. "Storm sewer' means those pipelines operated Drimarily for the collection of stormwaters. -
5349. "Suspended solids" or "SS" or "TSS" means that portion of residue present in sewage, industrial
waste, or waters introduced into the storm drains that is retained on a filter (nonfilterable) as determined by
approved methods.
M
5N. "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.
554. "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.
562. "User' means any person that discharges, causes or permits the discharge of wastewater or
stormwater into a sewerage system.
573. '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.
584. "Wastewater" means waste and water, whether treated or untreated, discharged into or permitted to
enter a sewefage system sewer.
595. '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.
605%. 'Wastewater discharge permit' means a permit issued by the City for a user to discharge into a
sewerage system. (Prior code 20-2)
Article Il. Discharge Restrictions
13.12.030
Prohibited discharges. No person shall discharge into the sewerage system, natural outlet, street or earth
surface, wastes which cause, threaten to cause, or are capable of causing, either alone or by interaction with
other substances, any of the following:
9
A. Fire or explosion or injury in any way to the sewerage system or the operation of the treatment plant.
Prohibited materials include, but are not limited to, gasoline, kerosene, alcohols,_ solvents, sulfides, or any
other substance with a closed cup flashpoint of less than 140 degrees Fahrenheit or (sixty degrees Celsius)
using the test methods specified in 40 CFR 261.21 or which causes two consecutive readings on an
explosion hazard meter at any point in the sewerage system to be more than five percent (5%), or any single
reading more than ten percent (10%) of the Lower Explosive Limit (LEL);
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 POTW per 40 CFR 403.5(B)(b)(7):
cont:;rPinnnts We the atmespheFe of any confined spaGe of the seweFage system at levels on A-Ma-e-r-s of
Threshold Limit Values (TI.V) established forairbnme nestaMiRAMS
D. A nuisance or prevention of the effective maintenance or operation of the sewerage system, through
having or creating a strong, unpleasant odor;
E. Air pollution by the release of toxic or malodorous gases or malodorous gas-producing substances;
F. Interference or pass through at the treatment plant affecting wastewater treatment, land disposal, or
sludge or scum processing and disposal;
G. A detrimental environmental impact or a nuisance in the waters or wastewaters of the state or a
condition unacceptable to any public agency having regulatory jurisdiction over the City;
H. Discoloration, or any other condition, in the quality of the City's treatment plant effluent and/or storm
system discharge in such a manner that receiving water quality requirements established by law 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;
10
J. Quantities or rates of flow or pollutants which cause interference or overload the City's sewerage
system or treatment facilities or cause excessive City collection or treatment costs or hamper treatment
facility operation;
K. Pollutants which can cause corrosive structural damage to the sewerage system or treatment facilities,
but in no case a pH lower than 5.0 is allowed per federal regulations;
L. Ary Influent to the treatment plant to be over one hundred four 404 degrees fahrenheit (forty degrees
celsius);
M. Waters or waste with a pH factor lower than 6 or higher than 10;
N. Any discharge which has an average daily concentration exceeding the following technically based
local limits:
Maximum Allowable
Toxicant Concentration (ma/L
Arsenic 2.5
Chromium. total 29
Copper 3.0
Cyanide. total 1.4
Lead 4.0
Mercury 0.8
Nickel 13
Silver 2.9
Zinc 3.5
O. 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
Reauirements or where such contributions would cause_the POTW to violate its NPDES hermit per 40 CFR
1 .10THRI➢
11
PM. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origins in amounts that will cause
interference or pass through;
Q. Discharges which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261
R Discharges containing concentrations of tetrachloroethylene (PCE) or trichloroethylene (TCE)
exceeding five micrograms per liter for any grab sample. (Ord. 1501 § 1 (part), 1990)
13.12.040
Storm drainage and groundwater. Rainwater Stermwatef, groundwater, rainwater, street drainage,
subsurface drainage, roof downspouts, exterior foundation drains,—swiaiag—peels; groundwater from
cleanup operations, or other sources of drainage water shall not be discharged through direct or indirect
connections into a domestic system . (Ord. 1501 § 1
(part), 1990)
13.12.060
Septic tanks. No person shall be peaFnitted-te-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
12
owner(s) shall install lateral service connection(s) in accordance with this chapter. (Ord. 1501 § 1 (part),
1990)
13.12.070
Radioactive wastes. No person shall discharge or cause to be discharged any radioactive waste into a
sewerage system except:
A. When the person is authorized to use radioactive materials by the State Department of Health or other
governmental agency empowered to regulate the use of radioactive materials; and
B. When the waste is discharged in strict conformity with current California Radiation Control Regulations
(California Administrative Code, Title 17) and the Nuclear RegulatQry AtoA4G-Qww9y 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,—
d+sGhaFges- (Ord. 1501 § 1 (part), 1990)
13.12.080
Garbage grinders.
A. Wastes from garbage grinders shall not be discharged into a domestic sewer system except:
1. Wastes generated in normal da*preparation of food by residential users; or
2. Where the user has obtained a permit for that specific use from the City, and agrees to undertake
whatever self-monitoring is required to enable the Public Works Director to equitably determine the user
charges based on the waste constituents and characteristics.
B. Garbage grinders must shred the waste to a degree that all particles will be carried freely under normal
flow conditions prevailing in the domestic sewer. Garbage grinders shall not be used for grinding plastic,
paper products, inert materials or garden refuse. (Ord. 1501 § 1 (part), 1990)
13
13.12.090
Direct discharge - Use of service sewer. No person shall discharge any substances directly into a manhole
or other opening in a sewerage system except through an approved private sewer or house sewise sewer
lateral. (Ord. 1501 § 1 (part), 1990)
13.12.100
Holding tank waste. A user proposing to discharge holding tank domestic waste into a domestic sewer
must secure a permit for each separate discharge. This permit shall state the specific location of discharge,
the time of day the discharge is to occur, the volume of the discharge, the wastewater constituents and
characteristics and origin of such wastes. Holding tank wastes discharged at the treatment plant facilities
may be given a discharge permit which would apply to more than one separate discharge at the discretion of
the Public Works Director. If a permit is granted for discharge of such waste into the domestic sewer, the
user shall pay the applicable user charges and fees and shall meet such other conditions as required by the
Public Works Director. (Ord. 1501 § 1 (part), 1990)
13.12.110
Restricted discharges. No person shall discharge or cause to be discharged to a sewerage system any of
the following without first obtaining a wastewater discharge permit that specifically permits such waste
discharge characteristics:
...,,...1 ...,..... . r.....
AG. Discharges containing metal pickling or etching wastes or plating solutions, whether neutralized or not;
limits:
Allowable
14
Zinc
BE 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;
_QF-. 5 lu discharges into the collection system at temperatures exceeding one hundred fn[�Lsb*degrees
Fahrenheit (sixty seventy degrees Celsius) or exceeding one hundred ten degrees Fahrenheit (forty-three
degrees Celsius) for any eight-hour period;
D6. 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);
EH. Discharges containing fixed total dissolved solids (such as, but not limited to, sodium chloride, sodium
sulfate, or other inorganic salts) in in such quantities to cause the
effluent TDS of the treatment plant to exceed five hundred milligrams per liter.
milligrannis peF IiteF. (Ord. 1501 § 1 (part), 1990)
15
13.12.115
Grease, oil, and sand interceptors. Grease, oil, and sand interceptors shall be provided by the discharger
when they are necessary for the proper handling of wastes containing grease in excess of one hundred fifty
milligrams per liter of animal and vegetable origin and fifty milligrams per liter of mineral origin, or any
flammable wastes, sand, grit and other harmful ingredients. All interceptors shall be of a type and capacity
approved in writing, prior to installation, by the Public Works Director, and shall be located so as to be readily
and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of
impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of
substantial construction, watertight, 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 oil/sand
interceptors shall be constructed in any place or building having a capacity to serve group meals or
commercial and industrial cleaning facilities. Where installed, all grease, oil, sand and grit interceptors shall
be maintained by the owners at owner's expense in continuous efficient operation at all times. Materials
collected shall not be reintroduced into the sewerage system. Records of all maintenance, cleaning, and
hauling of materials shall be maintained by the owner and such records shall be available at all times for
inspection by City personnel. (Ord. 1501 § 1 (part), 1990)
13.12.120
Federal pretreatment requirements. Users in industrial categories subject to the categorical pretreatment
standards development by the EPA under the Clean Water Act of 1977 (PL 95 217) 33 U.S.C. 1251 et seq.
are required to achieve limitations based on Best Practical Control Technology (BPT) immediately and Best
Available Technology Economically Achievable (BAT) by July 1, 1983, in accordance with Sections 301 and
304. New sources are required to comply with New Source Performance Standards (NSPS) based on Best
Available Demonstrated Control Technology (BDT) for industrial users in terms of concentration and
equivalent mass values. Users must comply with pretreatment standards promulgated pursuant to Section
307 and the Federal register 40 CFR Subchapter IV. Dilution of any discharge may not be used to comply
with any pretreatment standards. Categorical industrial users must submit Baseline Monitoring Reports,
16
compliance schedule reports, 90 day compliance reports, and periodic reports on continued compliance as
required including identilying information per 40 CFR 403.12(1) and such reports must be signed by an
authorized representative of the industrial user and meet certification requirements of 40 CFR 403.6(a)(2)(h
and 403.12(b)(6) and be retained for a minimum of three years (or period of litigation, whichever is longer).
The City may issue standards more stringent than the federal standards if the Public Works Director
determines that the limitations in the federal standards are not sufficient to:
A. 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 12
months significantly violated applicable pretreatment standards.
(Ord. 1501 § 1 (part), 1990)
13.12.130
Industrial waste permits. Source control of industrial discharges shall be accomplished by use of a permit
and monitoring system as described in this chapter. Discharge of industrial waste from any person within
the City onto land or to any natural outlet may be permitted only if the discharge complies with all
requirements of the Regional Water Quality Control Board and of all other local, state and federal laws and
regulations. (Ord. 1501 § 1 (part), 1990)
13.12.140
Other legal restrictions. Nothing contained in this chapter shall be construed to limit any additional
requirements that may be imposed by the County Health Officer, by the Regional Water Quality Control
Board, Fish and Game, or by other governmental agencies having jurisdiction. (Ord. 1501 § 1 (part), 1990)
13.12.150
17
Connections outside City. No discharge from facilities or properties outside the limits of the City shall be
allowed into the sewerage or storm drainagg systems. (Ord. 1501 § 1 (part), 1990)
13.12.160
Screening of industrial waste. No person shall discharge or cause to be discharged to the industrial system
an industrial waste that is too large to pass through or, has not been pretreated by being passed through, a
screening device with a maximum screen opening of 1.5 millimeters. (Ord. 1501 § 1 (part), 1990)
Article III. Service Charges and Capacity Seaaestiee Fees
13.12.170
Classification. All users shall be classified for wastewater collection, treatment and disposal purposes in
accordance with the principal activity conducted by the person, or the quantity and quality of discharge, as
determined by the Public Works Director. The purpose of classification is to facilitate the regulation of
wastewater discharge based on quantity and quality of flow, to provide an effective means of industrial waste
source control, and to establish a system of sewage service charges and capaci seflaeG#Gn-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 ca aR city eernesOGn fees. (Ord. 1501 § 1 (part), 1990)
13.12.180
Domestic system service charges.
A. Basis. Charges for use of the domestic system shall be determined by the volume, biochemical
oxygen demand (BOD) and suspended solids (SS) of wastes discharged.
B. Applicability. Those residential, commercial and industrial users whose discharge of wastes classify
them as a moderate -strength user and those dischargers of industrial and commercial wastes that classify as
18
high-strength users shall pay charges as determined in this section. Determination of the category for each
specific user shall be made by the Public Works Director.
C. Moderate-strength Users. All moderate-strength users shall be assigned sewage service units. The
minimum sewage service units assigned to any commercial and industrial user shall be 1.0 unit. The cost n
tfeatiRg GRe sewage see.wir.ee unit is, r, IGUlated by dividing the total epeFatiRg, FnaiRtesaRGe and Gapital Gests
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 unit
as follows:
Number of Sewage Service
Bedrooms Units
1 0.75
2 1.00
3 1.25
4 1.50
5 1.75
6 2.00
7 2.25
2. Commercial and industrial user sewage service charges shall be based on the number of sewage
service units assigned to each user. The unit of measure for determining the number of sewage service units
assigned to each user are as follows:
User Description Unit of Measure
1. Meeting place, religious Each 200 seats
2. Meeting place, public Each 100 seats
3. Hotel, motel without kitchenettes Each 3 beds
4. Hotel, motel with kitchenettes Each unit
19
5.
Veterinary clinic
Each 4 employees
6.
Post office
Each 15 employees
7.
Funeral parlor
Each 3 employees
8.
Service station with service garages
Each 2.5 pumps
9.
Service station without service garages
Each 7 pumps
10.
Car wash, automatic bay
20 SSU's per bay
11.
Car wash, self serve bays
2 SSU's per bay
12.
School, 8th grade and below
Each 20 students
13.
High school
Each 15 students
14.
Eating place, seating only
Each 10 seats
15.
Eating place, seating and take-out.
Each 7 seats
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
offices
24.
Grocery Store, Supermarket (Having
Each 4 employees
veg/fruit or butcher/meat sections)
25.
Bar
Each 20 seats
26.
Barber, beauty shop
Each 3 workstations
27.
Hospital, convalescent home
Each 3 beds
28.
Rest and retirement home
Each 3 beds
20
29. Mobile home park Each 1.33 pads
30. RV dump station Each station
31. Bakery
Each employee
One sewage service unit shall be assigned to each unit of measure.
. Fees shall be
based on a minimum of one sewage service unit and fractions of sewage service units thereafter, At the
discretion of the Public Works Director, a commercial user's service charges and/or cal2aci pGsnestiep fees
may be based on actual wastewater discharge flows estimated by use of an influent water meter or other
appropriate means.
D. High-strength Users.
All high-strength user sewage service charges shall be determined based upon the actual quantity of
flow, BOD, and SS discharged annually.
23. The sewage service charge shall be determined by multiplying the quantity of discharged flow. BOD.
and SS by the cost for each characteristic. . (Ord. 1501 § 1
(part), 1990)
E. Significant users.
All significant users shall be assessed two additional sewage service units in service charges to cover the
City's costs of meeting Federal Pretreatment Program requirements.
13.12.190
21
Domestic system cal2acily r-annestiew fees. The_gapagiJtGGnReGWR fee shall cover the capital cost
associated with the P TW capacity which will be utilized by the flew
discharger. Any actual costs incurred by the City in making the -physical connection LW shall be separate
and in addition to theca as city -Gennestien fee described in this section.
A. Moderate -strength user ca aci ester fees shall be based on a rate per sewage service unit as
assigned under Section 13.12.180.
sew 9
ser un4_ 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.
B. High-strength user ca ap cily Genaestien 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 ca a i-seaaestien fee. (Ord. 1501 § 1 (part), 1990)
C. City projects and projects funded by the City are exempt from capacity fees as described in this
section.
13.12.195
Downtown business district ca aci sennestisn fees.
A. The City council finds and declares that the downtown area of Lodi as defined in this part, which is the
traditional center of the City's business community, is presently in danger of losing economic viability. The
purpose of this section is to protect a crucial part of Lodi's economy and preserve a portion of the City's
heritage by offering incentives for businesses to locate, relocate or expand existing commercial uses within
this area.
B. For purposes of this section, the "downtown business district" shall mean an area whose boundaries
are the same as those for the area subject to the City of Lodi Bond issue, Series 1984-1, dated
May 24, 1984, more particularly described in the bond documents and map on file with the City clerk's office.
C. Any permitted commercial use which locates, relocates or expands within the downtown business
district as defined shall be responsible for a maximum capacily-sennestieR fee not to exceed that for two
sewage service units (SSU's) where the a6signed 9F equivaleR SSU's (or equivalent SSU's) being assessed,
22
as established in Section 13.12.190 of this code are eight or less SSU's. If the assigRed OF equivalent SSU's
(or equivalent SSU's) being assessed are greater than eight, the commercial use shall be responsible for two
SSU's plus the assigned assessed kor equivalent) SSU's over eight.
D. Notwithstanding any exemption granted under this section, the monthly or annual sewage fees set by
City council from time to time for any commercial use locating, relocating or expanding within the downtown
business district, shall be calculated on the full number of sewage service units which the use would have
otherwise been responsible for under Section 13.12.180 of this code if such use was located outside the
downtown business district. (Ord. 1511 § 1, 1991)
13.12.200
Industrial system service charges.
A. Industrial system sewage service charges shall be determined based upon the actual quantity of flow
and BOD discharged annually. The unit cost for each characteristic will be determined annually and
multiplied by each user's measured effluent characteristics. The total of the two characteristic fees shall be
the annual sewage service charge.
B. The unit cost for each characteristic shall be determined by distributing the total operation,
maintenance and capital costs to each characteristic at a proportionate rate and dividing each proportionate
cost by the total annual quantity of each characteristic discharged to the system. (Ord. 1501 § 1 (part), 1990)
13.12.210
Industrial system ca aci ssafleGWR 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 oaci naRnestiea fee shall be based on a unit rate for the-sest a
#eating flow and BOD. (Ord. 1501 § 1 (part), 1990)
13.12.215
Adjustments and additions.
23
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 Connection fee adjustments. Any user, after one full year of operating data is available,
may request the Public Works Director to make an adjustment, or the Public Works Director may institute an
adjustment, if a significant variation exists between the estimated and actual wastewater quantity or quality,
or other applicable units of measure. Increases in ca a�seaflestioe 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. Ca ap cily Gennestion 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 seeaestion fee calculations, additional capacity seaeestinR fee charges shall be assessed
for the additional wastewater treatment capacity utilized. Such additional ca aD cily rsaaestioR fees shall be
due and payable on demand at the current rate at the time the Public Works Director makes the
determination. (Ord. 1501 § 1 (part), 1990)
13.12.220
Storm drain and cooling water service charges.
A. The rate for disposal of stormwaters,+ag peel-er cooling water discharges, or construction flush
wash waters into the City's storm drains system will be established by resolution.
B. The City shall estimate and determine the amount of storm, cooling water or
construction flush wash waters deposited into the City's storm drains unless the user of the service elects to
provide, install and maintain in good working order an integrating meter satisfactory to the City for the
purposes of measuring such storm, swipeel; cooling water or construction flush wash waters.
C. In determining the amount of storm, i _ . e , cooling water or construction flush wash waters
deposited into the City's storm drain system, no charge shall be made for the storm waters or minor irrigation
24
waters or drainage from roofs, pavements or hard -surfaced areas within the City limits. Where such drainage
is metered along with construction flush wash water, a credit of one thousand two hundred fifty gallons per
year for each one hundred square feet, as projected and measured upon a horizontal plane, of such drainage
area tributary to the meter shall be allowed. Where roofs or other areas are sprinkled or flushed, such
flushing or sprinkling waters shall be included in the quantities for billing purposes.
GGFPOFate P.Mits- of the City tFibutaFy to the Gity's ste;:m drain systern, stoFmwatem shall be ind, -dad im the
quantitier-, dAtarmunAd for billing puFposes and unless etheFwir'e FneteFed, the annual quantity ef slarmwaters
shall be assumed as equal te eRe thn---'R-;-;Rd- NA.00- h6IRdFed Afty gallens peF GRe huRdF8d 6961aFe feet, a6
(Ord.
1501 § 1 (part), 1990)
13.12.230
Holding tank waste charges. The charge for a discharge of holding tank wastes shall be based on the
method for determining charges for the high strength user in the domestic system as outlined in Section
13.12.180(D). Characteristics of BOD and SS shall be determined by random sampling of holding tank waste
discharges. (Ord. 1501 § 1 (part), 1990)
13.12.240
Charges and fees. The schedule of charges and fees for domestic system service charges and capacity
seaaestiea fees, industrial system service charges and ca ap cily sermestieR fees, storm drain service
charges, inspection sampling and analysis charges, and holding tank waste charges will be those established
and adopted by the City council from time to time by resolution. (Ord. 1501 § 1 (part), 1990)
12-T.245—
epeFative, is as follows:
A. Residential.
25
1 $ 4.64
S. 9
3 7.74
4 &'6
L6
C 1FGv
i Fd�v
*
@1'1 - 70 -,T- . ......
26
13.12.250
Billing and collections. All billing and collections for service charges shall be per Section 13.04.030 of this
code. (Ord. 1501 § 1 (part), 1990)
13.12.260
Appeals. The owner or occupants of any premises who finds that the charges and/or fees provided for in
this article are unjust or inequitable may make application to the Public Works Director to have the fees
modified, in accordance to Section 13.12.590. A commercial or industrial discharger, after one full year of
27
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 seRaestieR 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 anRRestien fee or sewage service charge. (Ord. 1501 § 1
(part), 1990)
Article IV. Construction Generally.
13.12.270
Permit. No unauthorized person shall uncover, make any connection with or opening into, use, alter or
disturb any sewerage system or appurtenances, thereof without first obtaining a written permit from the
Public Works Director. (Ord. 1501 § 1 (part), 1990)
13.12.280
Design standards. All construction of public sewerage systems or appurtenances thereof shall conform to
the design criteria, the standard plans and specifications and the inspection and testing procedures in
accordance with current City public improvement design standards. (Ord. 1501 § 1 (part), 1990)
13.12.290
Application for service. Whenever a property owner is desirous of obtaining sewer service where no
adequate sewer system exists, an application shall be made to the Public Works Director for sewer service in
accordance with Article V of this chapter. (Ord. 1501 § 1 (part), 1990)
9G
Article V. Extensions
13.12.300
Purpose. The City council is desirous of adopting a sewer service and extension policy that is fair and
equitable to all developing properties and that provides that the cost of extension shall be distributed among
subsequently developing properties connecting thereto. For purposes of this article, storm drains shall be
considered as sewers except as specifically stated otherwise. (Ord. 1527 § 5, 1991; Ord 1501 § 1 (part),
1990)
13.12.310
Application. Whenever a property owner is desirous of obtaining sewer service, an application shall be
made to the Public Works Director for sewer service. The Public Works Director shall determine the closest
adequate sewer and, if an extension is necessary, indicate the size of the main to be extended and the limits
of the extension. (Ord. 1501 § 1 (part), 1990)
13.12.320
Applicant's obligation. Whenever the Public Works Director determines that a sewer extension is
necessary, the applicant will be required to install, at the 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. (Ord. 1501 § 1 (part), 1990)
13.12.330
Extension for full frontage width. In every case where a sewer is to be tapped to serve a parcel, the same
shall be extended the full frontage of the parcel unless the Public Works Director determines that the sewer
will not need to be extended to serve any other properties. (Ord. 1501 § 1 (part), 1990)
13.12.340
29
Minimum diameter. The minimum size sewer main shall have a nominal inside diameter of six inches. The
minimum size storm drain shall have a nominal inside diameter of twelve inches. Larger size mains may be
required as determined by the Public Works Director in accordance with the City public improvement design
standards or the City master sewer and storm drain plans. (Ord. 1527 § 7, 1991; Ord 1501 § 1 (part), 1990)
13.12.370
Reimbursement - Oversize mains. Whernever 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. (Ord. 1527 §
7, 1991; Ord 1501 § 1 (part), 1990)
Article VI. Administration
13.12.420
Discharge reports. In addition to the federally required reports described in section 13.12.120, the City may
require that any high-strength user discharging, or proposing to discharge, wastewater into a sewerage
system, file a periodic discharge report. The discharge report may include, but not be limited to, nature of
process, volume, rates of 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 14 days after the conclusion of monitoring or receipt of the laboratory analysis report and must be
signed by an authorized representative of the industrial user. All such reports shall be retained for a period of
30
three years (or period of litigation, whichever is longer), and shall be made available for inspection and
copying by the City. In addition to discharge reports, the City may require information in the form of
wastewater discharge permit applications and self-monitoring reports. (Ord. 1501 § 1 (part), 1990)
13.12.430
Discharge permit - Required. All sritoga1 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 sRtisal 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„sept-fey
. (Ord. 1501 § 1 (part), 1990)
13.12.440
Discharge permit - Optional_ The Public Works Director may issue a wastewater discharge permit to any
user in accordance with the terms of this article in the following categories:
A. A user who requires the user charges and fees to be based on an estimation of wastewater flow;
B. Any user whose wastewater strength is less than the normal range for the user classification because
of pretreatment, process changes or other reasons;
C. Any single dwelling, office, commercial business, lodge, apartment, church or multi -use building user
who discharges only domestic waste. (Ord. 1501 § 1 (part), 1990)
31
13.12.450
Discharge permit - Application.
A. Users seeking a wastewater discharge permit shall complete and file with the Public Works Director an
application in the form prescribed by the Public Works Director, and accompanied by any applicable fees.
The applicant may be required to submit, in units and terms appropriate for evaluation, the following
information:
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 thiFty minute peak wastewater flow rates, including daily, monthly, and seasonal
variations, if any;
6. Any other information determined necessary by the Public Works Director to evaluate the permit
application. This may include, but is not limited to, the following:
a. Site plans, floor plans, mechanical, and plumbing plans, water supply and discharge information and
details to show all sewers and appurtenances by size, location and elevation,
b. Description of activities, facilities and plant process on the premises including all materials, processes
and types of materials which are, or could be, discharged,
C. Each product produced by type, amount and rate of production,
d. Number of employees and hours of work.
B. 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 thatqualified personnel properly oather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system. or those persons directly responsible
32
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 possibilily of fine and imprisonment for knowing violations."
Com. The Public Works Director will evaluate the data furnished by the user and may require additional
information. After evaluation and acceptance of the data furnished, the Public Works Director may issue a
wastewater discharge permit subject to terms and conditions provided in this article.
D. Users must notify the Public Works Director of any planned significant changes to the user's operations
or system which miaht alter the nature. oualitiXv. or volume of its wastewater at least thirtv days before the
change_ (Ord. 1501 § 1 (part), 1990)
13.12.460
Discharge permit - Conditions. Wastewater discharge permits shall be expressly subject to all provisions of
this chapter and all other regulations, user charges and fees established by the City council. The conditions
of wastewater discharge permits shall be uniformly enforced by the Public Works Director or assigned agent
in accordance with this chapter, and applicable state and federal regulations. Permits may contain the
following:
A. The unit charge or schedule or user charges and fees for the wastewater to be discharged to the
sewerage system;
B. The collection of capacity seflaestieA fee, inspection fee and prepayment for the prorated portion of
annual user charges, if collected annually;
C. The average and maximum wastewater characteristics;
D. Limits on rate and time of discharge or requirements for flow regulations and equalization;
E. Requirements for installation of inspection, monitoring, and sampling facilities;
F. Pretreatment requirements;
G. Specifications for monitoring programs which may include sampling locations, frequency and method
of sampling, number, types as specified in 40 CFR 403.12(b)(5) and (g)(4) and standards for tests
specified in 40 CFR 135 and reporting schedule;
33
H. Requirements for submission of technical reports or discharge reports;
I. Requirements for maintaining plant records relating to wastewater discharge as specified by the City,
and affording the City access thereto;
J. Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants (as
defined in Article I of this chapter) are proposed or present in the user's wastewater discharge;
K. Other conditions as deemed appropriate by the Public Works Director to ensure compliance with this
chapter and federal and state regulations;
L. Requirements for "slug discharge" plans as required by 40 CFR 403.8(D(2 v). (Ord. 1501 § 1 (part),
1990)
13.12.470
Discharge permit - Term - Changes - Renewal. Permits shall be issued for a specified time period, not to
exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a
specific date. A user discharging after the expiration date of the permit shall be considered in violation of this
chapter. It is the responsibility of the user to apply for a new discharge permit 60 days before the expiration
date of their existing permit. The terms and conditions of the permit may be subject to modification and
change by the City during the life of the permit, as limitations or requirements stipulated in this chapter are
modified and changed. The user shall be informed of any proposed changes in user's permit at least thirty
days prior to the effective date of change. Any changes or new conditions in the permit shall include a
reasonable time schedule for compliance. (Ord. 1501 § 1 (part), 1990)
13.12.480
Discharge permit - Transfer. Wastewater discharge permits are issued to a specific user for a specific
operation. A wastewater discharge permit shall not be assigned, transferred or sold to a new owner, new
user, different premises or a new or changed operation without prior written approval of the Public Works
Director. (Ord. 1501 § 1 (part), 1990)
34
13.12.490
Discharge permit - Suspension. A permit may be temporarily suspended at any time if it is the Public Works
Director's opinion that the continued discharge of the waste or water into the sewerage system would
substantially jeopardize the ability of the treatment facilities or sewerage system to meet water quality
requirements or would cause an unsafe condition to occur. In lieu of temporary suspension of permits, the
Public Works Director may impose such temporary restrictions, conditions or limitations upon the quantities,
qualities and rates of discharge made thereunder as deemed necessary to assure that the receiving water
quality requirements will not be violated or to alleviate the unsafe condition. Notice of the temporary
suspension or the imposition of temporary restrictions, conditions or limitations shall be given in writing by the
Public Works Director to the permittee at least twenty-four hours prior to their effective date. Delivery of the
notice to the permittee's place of business shall constitute delivery of notice to permittee. (Ord. 1501 § 1
(part), 1990)
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 Cily utility bills wastewateF bill;
E. Violation of conditions of the permit. (Ord. 1501 § 1 (part), 1990)
13.12.510
Monitoring facilities.
35
A. The Public Works Director may require the user to construct and maintain, at the user's expense,
monitoring facilities which meet all government safety regulations (OSHA) to allow inspection, sampling, and
flow measurement of the building sewer or internal storm drainage systems and may also require sampling or
metering equipment to be provided, installed, operated and maintained at the user's expense. The
monitoring facility should normally be situated on the user's premises, but the Public Works Director may,
when such a location would be impractical or cause undue hardship on the user or the City, require the
facility to be constructed in the public right-of-way and located so that it will not be obstructed by landscaping
or parked vehicles.
B. When the monitoring facility is inside the users 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 b1Xy the City,
unless a time extension is otherwise granted by the City. (Ord. 1501 § 1 (part), 1990)
13.12.520
Inspection, sampling, monitoring, and analysis. The Public Works Director or designated representative
may inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all
requirements are being complied with. Persons or occupants of premises where wastewater is created or
discharged shall allow the Public Works Director or designated representative ready access at all reasonable
times to all parts of the premises for the purposes of inspection or sampling or in the performance of any of
their duties. The Public Works Director or designated representative shall have the right to set up on the
user's property such devices as are necessary to conduct sampling or metering operations and be allowed'to
copy any of the user's discharge records. peF 40 CPR ^^""""`. All user discharge records shall be
OR
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 insuring compliance with all regulations. (Ord. 1501 § 1 (part), 1990)
13.12.530
Accidental discharge prevention.
A. Each user shall provide protection from accidental discharge of prohibited materials or other wastes
regulated by this chapter. Such facilities shall be provided and maintained at a level of operation comparable
to that of the original construction at the user's expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the Public Works Director before construction of
the facility.
B. The review of such plans and operating procedures by the Public Works Director will in no way relieve
the user from the responsibility of modifying the facility to provide the protection necessary to meet the
requirements of this chapter. (Ord. 1501 § 1 (part), 1990)
C. If any wastewater is spilled onto any surface or area in such a manner where there is the pgssibility of
contact with any person. that wastewater shall be cleaned up at the expensU of the proper 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 prol2eM owner or designate for the cleanup. If warranted. or as directed by the City, property
manaaement must adeauately notifv tenants and post area of spill with _warnina signs.
13.12.540
Confidential information.
37
A. All information and data on a user obtained from reports, questionnaires, permit application, permits
and monitoring programs and from inspections shall be available to the public or other governmental agency
without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the
Public Works Director that the release of such information would divulge information, processes or methods
that would be detrimental to the user's competitive position.
B. When requested by the person furnishing a report, the portions of a report which might disclose trade
secrets or secret processes shall not be made available for inspection by the public, but shall be made
available to governmental agencies for use in making studies per 40 CFR 403.14; provided, however, that
such portions of a report shall be available for use by the state or any state agency in judicial review or
enforcement proceedings involving the person furnishing the report. Wastewater constituents and
characteristics will not be recognized as confidential information.
Ord. 1501 § 1 (part), 1990)
13.12.550
Special agreements. Special agreements and arrangements between the City and any persons or
agencies may be established when, in the opinion of the City council, unusual or extraordinary circumstances
compel special terms and conditions. However, in no case may federal pretreatment standards be waived or
modified. (Ord. 1501 § 1 (part), 1990)
Article VII. Enforcement
13.12.560
Accidental discharge notice.
A. Notice to Authorities.
Upon accidentally discharging wastes in violation of this chapter. or in violation of a Cid/-issued
dischargesep rmit users shall notify the Water/Wastewater Superintendent or the White Slough Water
38
Pollution Control Facilities (WSWPCF) personnel immediately by telephone or in person, or by calling the
Public Works Department 24 hour emergency number,
to enable countermeasures to be taken by the
City to minimize damage to the sewerage system, treatment facility, treatment processes and/or the receiving
water.
2. This notification shall be followed, within ten calendar days of the date of occurrence, by a detailed
written statement to the Public Works Director describing the cause, location, type, volume, concentration,
date, time, and duration of the accidental discharge, measures taken to correct the problem, and steps taken
to prevent future occurrence.
3. Such notification will not relieve users of liability for any expense, loss or damage to the sewerage
system, treatment plant, or treatment process, or for any fines imposed on the City on account thereof under
Section 13350 of the California Water Code or for violations of Section 5650 of the California Fish and Game
Code.
B. If sampling performed by a user indicates a violation. the user must notify the WaterNVastewater
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(8)(2).
-U. 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. (Ord. 1501 §
1 (part), 1990)
13.12.570
Cease and desist order. When the City finds that a discharge of wastewater has taken place in violation bf
prohibitions or limitations of this chapter, or the provisions of a wastewater discharge permit, the Public
39
Works Director may issue an order to cease and desist, and direct those persons not complying with such
prohibitions, limits, requirements, or provisions, to:
A. Comply forthwith;
B. Comply in accordance with a time schedule set forth by the City; or
C. Take appropriate remedial or preventive action in the event of a threatened violation. (Ord. 1501 § 1
(part), 1990)
13.12.580
Compliance timetable. When the City finds that a discharge of wastewater has been taking place, or is
threatening to take place, in violation of prohibitions or limitations prescribed in this chapter, or wastewater
source 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. (Ord. 1501 § 1 (part), 1990)
13.12.590
Appeals.
A. Any user, permit applicant, or permit holder affected by any decision, action or determination, including
cease and desist orders, made by the Public Works Director, interpreting or implementing the provisions of
this chapter or in any permit issued in this chapter, may file with the Public Works Director a written request
for reconsideration within twenty days of such decision, action or determination, setting forth in detail the facts
supporting the user's request for reconsideration, The Public Works Director may accept the application,
reject the application for sound reasons or direct the applicant, at applicant's sole expense, to maintain and
operate in a manner satisfactory to the Public Works Director such indicating or integrating meters as may be
required to properly measure the flow, establish sampling equipment, tests and procedures satisfactory to the
Public Works Director to determine the characteristics of the wastes.
40
B. If the ruling made by the Public Works Director is unsatisfactory to the person requesting
reconsideration, the person may, within twenty days after notification of the City's action, file a written appeal
to the City council. The written appeal shall be heard by the council within twenty days from the date of filing.
The City council shall make a final ruling on the appeal within twenty days of the hearing. The Public Works
Director's decision, action or determination shall remain in effect during such period of reconsideration. (Ord.
1501 § 1 (part), 1990)
13.12.600
Liability. Any person, firm or corporation, or any partner, officer, agent or employee thereof, who deposits or
permits to be deposited into the City's sewerage system any wastes other than those permissible under the
terms of this chapter and the terms of a valid permit granted under this chapter is liable for any and all
damage caused to the City by virtue of such act, including compensation for damage to the 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. (Ord. 1501 § 1 (part), 1990)
13.12.610
Injunction. Whenever a discharge of wastewater is in violation of the provisions of this chapter or otherwise
causes or threatens to cause a condition of contamination, pollution or nuisance, the City may petition the
superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate in
restraining the continuance of such discharge. (Ord. 1501 § 1 (part), 1990)
13.12.620
Damage to sewerage system - Charge. When a discharge of wastewaters or any other substance causes
an obstruction, damage or any other impairment to the City's sewerage system, the City shall assess a
charge against the user for the work, materials, and services required to clean or repair the affected portions
of the sewerage system. (Ord. 1501 § 1 (part), 1990)
41
13.12.630
Civil penalties. Any person who violates any provision of this chapter or permit condition or who discharges
wastewater which causes pollution, or who violates a cease and desist order, prohibition, effluent limitation,
national standard of performance, pretreatment or toxicity standard shall be liable civilly to a penalty not to
exceed six thousand dollars for each day in which such violation occurs. The City attorney, upon order of the
City council, shall petition the superior court to impose, assess and recover such sums. (Ord. 1501 § 1
(part), 1990)
13.12.640
Termination of service. The City may revoke any wastewater discharge permit, or terminate or restrict or
cause to be terminated or restricted wastewater service to any premises, which may include termination or
restriction of the water service if warranted, if a violation of any provisions of this chapter is found to exist or if
a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance
as defined in this chapter. The City also reserves the right to immediately disconnect any user, upon informal
notice only, in the event of an unlawful discharge which may cause imminent danger to human health, the
environment, or which threatens to interfere with the treatment plants operation. This provision is in addition
to other statutes, rules or regulations, authorizing termination of service for delinquency in payment. (Ord.
1501 § 1 (part), 1990)
13.12.650
Public notice of violation.
A. In accordance with Federal Pretreatment Regulations 40 CFR 403, the City shall publish, at least
annually in the largest daily newspaper circulated in the service area, a description of those industrial users
which are found to be in significant violation with any provisions of this chapter or any permit or order issued
hereunder during the period since the previous publication. (Ord. 1501 § 1 (part), 1990)
B. Significant violations include any of the following
42
1. Chronic violations of
wastewater discharge
limitations
(66 percent or
more of all measurements
taken
in a six month period exceed
the daily maximum
or the
long-term average
limit for the
sameollp utant
parameter):
2 Technical Review
Criteria (TRC) violations
(33 percent
or more of
all measurements
taken in a six
month period exceed 1.2 times
the limit for toxics
or 1.4 times
the limit for BOD
TSS and Oil
and Grease):
3 Any other violation
of an effluent limit the
City determines
has caused
either alone or
In combination
with other discharges. pass
through or interference:
4. Any discharge that
causes endangerment
to human
health. welfare or
the environment
or causes the
Cily to exercise its emergency
autho ' to halt or
prevent such
discharge•
5. Failure to meet a
compliance schedule
deadline
of enforcement
order within 90
days after the
scheduled date for starting
construction completing
construction
or attaining
om lian
final compliance-
e•6.
6.Required reports that
are more than 90 day,
late:
7. Failure to accurately
report noncompliance*
8. Any violation determined
to adversely affect
the operation
or implementation
of the
pretreatment
lsxelaif-Ium
43
�OFt
�4 y�0�
FOR
On March 2, 1995 in the City of Lodi, San Joaquin County, California, I deposited in the
United States mail, envelopes with first-class postage prepaid thereon, containing a
copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed
as is more particularly shown on Exhibit "B" attached hereto.
There is a regular daily communication by mail between the City of Lodi, California, and
the places to which said envelopes were addressed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 2, 1995, at Lodi, California.
Jacqueline L. Taylor
Acting City Clerk
Linda S. Nichols
Deputy City Clerk
decmail/forms
CITY OF -L.JDI NOTICE F PUBLIC HEARING
Carnegie Forum Date: April 5, 1995
305 West Pine Street, Lodi Time: 7:00 p.m.
For information regarding this notice please contact:
Jennifer M. Perrin
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
April 5, 1995
NOTICE IS HEREBY GIVEN that on Wednesday, April 5, 1995 at the hour of 7:00 p.m.,
or as soon thereafter as the matter may be heard, the City Council will conduct a
continued Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider
the following matter:
a) Consider Amending Sewer Ordinance (Lodi Municipal Code,
Chapter 13.12, Sewer Service)
All interested persons are invited to present their views and comments on this matter.
Written statements may be filed with the City Clerk at any time prior to the hearing
scheduled herein, and oral statements may be made at said hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the Public Hearing described in this notice or in
written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the
Public Hearing.
By Order of the Lodi City Council:
cq line L. Tayl
Acting City Clerk
Dated: March 2, 1995
Approved as to form:
Bobby W. McNatt
City Attorney
JAWYCLRMFORMSINOTGEN. DOC 2127195
CITY COUNCIL
STEPHEN J. MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempore
RAY C. DAVENPORT
PHILLIP A. PENNING
)ACK A. SIECLOCK
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6795
March 30, 1995
Mr. Les Dabritz, Executive Director
Lodi District Chamber of Commerce
P. O. Box 386
Lodi, CA 95241
SUBJECT: Public Hearing to Consider Amending Sewer Ordinance
THOMAS A. PETERSON
City Manager
JENNIFER M. PERRIN
City Clerk
BOB McNATT
City Attorney
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, April 5, 1995, at 7 p.m. The meeting will be held in the City Council
Chamber, Camegie Forum, 305 West Pine Street
The Council will conduct a public hearing on this item. You are welcome to attend and
speak at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council, City of
Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail.
Or, you may hand -deliver the letter to City Hall, 221 West Pine Street
If you wish to address the Council at the Council meeting, be sun: to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk If you have any questions about communicating with the
Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702.
If you have any uestions about the item itself, please call me at
Jack L Ronsko
ubli orks Director
JL.RArn
Enclosure j
cc: City Clerk
NPHSWROR.DOC
(209) 333-6709.