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HomeMy WebLinkAboutORD NO 4740ORDINANCE NO. 4740 ORDINANCE AMENDING CHAPTER 14.12 OF TITLE 14 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SEWERS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 14.12 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 14.12 SEWERS 1. General Provisions 14.12.010 Purpose. The purpose of this chapter is to provide for the maximum possible beneficial public use of the city's facilities through adequate regulation of sewer construction, sewer use and industrial wastewater discharges, to provide for equitable distribution of the city's costs and to provide procedures for complying with requirements placed upon the city by other regulatory agencies. 14.12.020 Scope. A. This chapter shall be interpreted in accordance with the definitions set forth in Section 14.12.030. B. The provisions of this chapter shall apply to the direct or indirect discharge of all liquid- carried wastes to facilities of the city. This chapter among other things provides for the regulation of sewer construction in areas within the city, the quantity and quality of discharged wastes, the degree of waste pretreatment required, the setting of waste discharge fees to provide for equitable distribution of costs, the approval of plans for sewer construction, the issuance of permits for industrial wastewater discharge and of other miscellaneous permits and the establishment of penalties for violation of this chapter. SA C0UNCIL1 0rds1 13- 141BMC14.12.Sewer. Use. Fnl.Dwx y m F— r -- Page 1 of 46 Pages -- ORIGINAL 14.12.030 Definitions. The definitions given in this section shall be used in the interpretation of this chapter, the issuance of permits, the making of charges for service and all other operations of this chapter unless another meaning for the word is apparent from the context. A. "Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended 33 U.S.C. Section 1252 et seq. B. "Ad valorem tax" means the tax levied on the assessed value of property within the city. C. "Approval Authority" means the California Regional Water Quality Control Board, Central Valley Region. D. "Assessed value" means that portion of the total assessed value of the property upon which city taxes are levied. E. "Best Management Practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 14.12.220 [40 CFR 403.5(a) (1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. F. "BOY or "biochemical oxygen demand" means the measure of decomposable organic material in domestic or industrial wastewaters as represented by the oxygen utilized over a period of five days at twenty degrees centigrade and as determined by the appropriate procedure in "Standard methods." G. "Categorical Industrial User" means an Industrial User subject to a categorical Pretreatment Standard or Categorical Standard. H. "Categorical Pretreatment Standard or Categorical Standard" means any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 -471. SACOUNCI L10rds 113- 141BMC14.12.Sewer.Use.Fnl. Docx Ok�AKF9sT > m ►— r v -- Page 2 of 46 Pages -- ORIGINAL I. "Chlorine demand" means the difference between the amount of chlorine added to a wastewater sample and the amount remaining at the end of a thirty- minute period as determined by the procedures given in "Standard methods." J. "City" means the City of Bakersfield. K. "City engineer" means the city engineer of the city. L. "Control Authority" means the City of Bakersfield and its representatives or designees. M. "COD" or "chemical oxygen demand" means the measure of chemically decomposable material in domestic or industrial wastewater as represented by the oxygen utilized as determined by the appropriate procedure described in "Standard methods." N. "Daily maximum" means the arithmetic average of all effluent samples for a pollutant collected during a calendar day. O. "Daily maximum limit" means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. P. "Discharger" means any person that discharges or causes a discharge to a public sewer. Q. "Dissolved solids" or "dissolved matter" means the solid matter in solution in the wastewater and shall be obtained by evaporation of a sample from which all suspended matter has been removed by filtration as determined by the procedures in "Standard methods." R. "Domestic wastewater" means the water carried wastes produced from noncommercial or nonindustrial activities and which result from normal human living processes. S. "Effluent" means the liquid outflow of any facility designed to treat, convey or retain wastewater. SACOU N CI L10rds\l 3.141B MC 14.12. Sewer. Use. Fn 1. Dom -- Page 3 of 46 Pages -- r_ v ORIGINAL T. "Emergency" means a situation which reasonably appears to present an imminent endangerment to the health or welfare of persons, or the environment, or which threatens to interfere with the operation of the city's sewerage system. U. "Environmental Protection Agency or EPA" means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency. V. "Existing residential infill sewer area" means a residential area within the city of Bakersfield where residential properties utilize individual septic systems and are not connected to the city sewer system, but where the city has or will construct the required pipelines and other mechanisms to permit the property owners to connect to the city sewer system and the property owners will reimburse the city for such construction cost upon connection to the sewerage system. W. "Formula" means user rates and charges (industrial wastewater treatment surcharges) established by the city council pursuant to Section 14.12.380. X. "Grab sample" means a sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes. Y. "Gravity separation interceptor" means any facility designed, constructed and operated for the purpose of removing and retaining dangerous, deleterious or prohibited constituents from wastewater by differential gravity separation before discharge to the public sewer. Z. "House connection" means the sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying domestic wastewater. AA. "Indirect Discharge or Discharge" means the introduction of pollutants into the POTW from any nondomestic source. BB. "Industrial connection sewer" means the sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying industrial wastewater. CC. "Industrial user" means any user who discharges nondomestic wastewater to any of the city's sewerage systems or any other system tributary thereto. > m F— r U O ORIGINAL SACOUNCI L10rds113- 140MC14.12.Sewer. Use. FnI. Dom -- Page 4 of 46 Pages -- DD. "Industrial wastewater" means all water - carried wastes and wastewater of the community excluding domestic wastewater and uncontaminated water, and includes all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes of nonhuman origin. EE. "Inspector" means a person authorized by the chief engineer to inspect wastewater generation, conveyance, processing and disposal facilities. FF. "Instantaneous Limit" means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. GG. "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both: 1. Inhibits or disrupts the city's sewerage system, its treatment processes or operations, or its sludge processes, use or disposal; and 2. Therefore is a cause of violation of any requirement of the city's waste discharge order (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. HH. "Lateral sewer," "collecting sewer" or "main line sewer" means the public sewer usually eight inches or larger in diameter and used to collect wastewater from house connection and industrial connection sewers and transport it to trunk sewers. II. "Local sewering agency" means the city or county or other public agency legally authorized to construct, maintain and operate a system of lateral or collecting sewers. JJ. "Monthly average" means the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. S:I COUNCIL 1Ords113- 141BMC14.12.Sewer. Use. Fnl. Docx -- Page 5 of 46 Pages -- 0�0PKF91P-11 >- m cJ b oRiGINAL KK. "Monthly average limit" means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. LL. "National Pretreatment Standard" means any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency (EPA) in accordance with Section 307 (b) and (c) of the Clean Water Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5. MM. "New source" means: 1. Any building, structure, facility or installation from which there is or may be a discharge of pollutants (the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307 (c) of the Clean Water Act which will be applicable to such source if such Standards are thereafter promulgated in accordance with that section) provided that: a. The building, structure, facility or installation is constructed at a site at which no other source is located; or b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or C. The production or wastewater generating process of the building, structure, facility or installation is substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. 2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraph (1) (b) or (1) (c) of this subsection Y but otherwise alters, replaces, or adds to existing process or production equipment. 3. Construction of a new source as defined under this subsection has commenced if the owner or operator has: a. Begun, or caused to begin as part of a continuous onsite construction program: S AC0 U N CI L10rds113 -1416 MC 14.12, Sewer. Use. Fn I. Dom -- Page 6 of 46 Pages -- RAK4 � s �— rr v o ORIGINAL i. Any placement, assembly, or installation of facilities or equipment; or ii. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or b. Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. NN. "Pass through" means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's waste discharge requirements (including an increase in the magnitude or duration of a violation). 00. "Peak flow rate" means the average rate at which wastewater is discharged to a public sewer during the highest thirty- minute flow period in the preceding twelve months. PP. "Pollutant" means any constituent or characteristic of wastewater on which a discharge limitation may be imposed either by the city or the regulatory bodies empowered to regulate the city. QQ. "Pretreatment requirements" requirement related to pretreatment, Standard, imposed on an industrial user. means any substantive or procedural other than a National Pretreatment RR. "Pretreatment Standards or Standards" shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. SS. "Public corporation" means this state and any political subdivision thereof, any incorporated municipality therein, any public agency of the state or any political subdivision thereof, or any corporate municipal instrumentality of this state. TT. "Public owned treatment works or POTW" means a "treatment works," as defined by Section 212 of the Clean Water Act (33 U.S.C. § 1292) which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. AKF�`� -n SACOUNCI L10rds113- 141BMC14.12. Sewer.USe.Fnl. Dou >' R1 F- r 0 a -- Page 7 of 46 Pages -- ORIGIIN4 UU. "Public sewer" means any sewer dedicated to public use and whose use is controlled by a public corporation. VV. "Radioactive material" means material containing chemical elements that spontaneously change their atomic structure by emitting any particles, rays or energy forms. WW. "Regional Administrator" or "Regional EPA Administrator" means Region IX of the Environmental Protection Agency, or any successor agency. XX. "Section" means a section of this chapter. YY. "Sewage" means wastewater. ZZ. "Sewage pumping plant" means any facility designed and constructed to raise wastewater in elevation or to overcome head losses due to pipeline friction. AAA. "Sewerage" means any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater. BBB. "Sewerage system" means a network of wastewater collection, conveyance, treatment and disposal facilities interconnected by sewers, and owned or controlled by the city. CCC. "Significant industrial user." 1. Except as provided in paragraphs 3 and 4 of this subsection, the term significant industrial user means: a. All industrial users subject to Categorical Pretreatment Standards; or b. Any other industrial user that: i. Discharges an average of twenty -five thousand gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); ii. Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or SA COUNCIL 10rds113- 141BMC14.12.Sewer.Use. d.Dou -- Page 8 of 46 Pages -- O�eAKF9,a s U O ORIGINAL iii. Is designated as such by the city on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)). 2. Upon a finding that an industrial user meeting the criteria in paragraph l.b. of this section has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8(f) (6), determine that such industrial user is not a significant industrial user. 3. The city may determine that an Industrial User subject to categorical Pretreatment Standards is a Non - Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non - contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met: a. The Industrial User, prior to city's finding, has consistently complied with al applicable categorical Pretreatment Standards and Requirements; b. The Industrial User annually submits the certification statement required in Section 14.12.325.F [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and c. The Industrial User never discharges any untreated concentrated wastewater. DDD. "Slug discharge" means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 14.12.220 of this chapter. A slug discharge is any discharge of a non - routine, episodic nature, including but not limited to an accidental spill of a non - customary batch discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW's regulations, local limits, or permit conditions. EEE. "Solid wastes" means the non - liquid carried wastes normally considered to be suitable for disposal with refuse at sanitary landfill refuse disposal sites. FFF. "Standard methods" means the current edition of "Standard Methods for the Examination of Water and Wastewater" as published by the America r0AKF9�� Public Health Association. v o S:\ COUNCIL \Ords \13- 14 \BMC14,12. Sewer. Use. Fnl.Dou ORIGINAL -- Page 9 of 46 Pages -- GGG. "Suspended solids" or "suspended matter" means the insoluble solid matter suspended in wastewater that is separable by laboratory filtration in accordance with the procedure described in "Standard methods." HHH. "Trade secrets" includes but shall not be limited to any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. III. "Trunk sewer" means a sewer constructed, maintained and operated by the city that conveys wastewater to the city's treatment facilities and into which lateral and collecting sewers discharge. JJJ. "Uncontaminated water" means any wasted water of the community not contaminated or polluted with wastewater and which is suitable or could readily be made suitable for discharge to the municipal stormwater drainage system. KKK. "User" means discharger. LLL. "Waste" means sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal. MMM. "Waste discharge requirements" means requirements issued to the city by the California Regional Water Quality Control Board for disposal of treated wastewater pursuant to Water Code Section 13263. NNN. "Wastewater" means the water - carried wastes of the community derived from human or industrial sources including domestic wastewater and industrial wastewater; rainwater, groundwater or drainage of uncontaminated water is not wastewater. 14.12.040 Superseding previous regulations savings clause. Neither the adoption of this chapter nor the repeal of any chapter of this code shall in any manner affect the prosecution or recovery of civil damages or costs, for violation of regulations which violations were committed prior to the effective date of the ordinance codified in this chapter, nor be construed as affecting any of the provisions of such regulations relating to the issuance of SACOUNCILIOrdW 3- 141BMC14.12. Sewer. Use. Fnl.Docx -- Page 10 of 46 Pages -- �AKt 0 O -- Ir,INAL permits for discharge of industrial wastes, nor affect the validity of any bond issued thereunder. II. Administrative Provisions 14.12.050 Administration. A. Except as otherwise provided in this chapter, the city engineer shall administer, implement and enforce the provisions of this chapter. B. Any powers granted to or duties imposed upon the city engineer may be delegated by the city engineer to persons acting in the beneficial interest of or in the employ of the city. 14.12.060 Approval of plans, issuance of permits and inspection certificate. A. The city engineer will approve plans for sewerage construction, issue a permit for industrial wastewater discharge or any other permit under this chapter only if it appears to the city engineer that the sewerage construction, sewer connection, industrial wastewater discharge or other procedure conforms to the requirements of this chapter. B. If requested to do so, the city engineer will issue an inspection certificate indicating satisfactory completion of required work, when all work required by the approved plans or permit has been completed and approved by city's inspectors. C. All required fees and charges shall be paid before approval of plans or issuance of a permit or an inspection certificate. D. The approval of plans or the issuance of a permit shall not relieve the discharger of any duty imposed upon him pursuant to this chapter. 14.12.080 Publication of users in significant noncompliance. The city engineer shall publish annually, in the largest daily newspaper published in Bakersfield, a list of the users which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be applicable to all Significant Industrial Users (or any other Industrial User that violates paragraphs (C), (D), or (H) of this Section) and shall mean: SACOUNCI L \Ords \13- 14 \BMC14.12.Sewer. Use. FnI. Doox -- Page 11 of 46 Pages -- > m v O ORIGINAL A. Chronic violations of wastewater discharge limits, defined here as those in which sixty -six percent or more of wastewater measurements taken for the same pollutant parameter taken during a six -month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in 14.12.030; B. Technical Review Criteria (TRC) violations, defined here as those in which thirty -three percent or more of wastewater measurements taken for each pollutant parameter during a six month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by Section 14.12.220, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); C. Any other discharge violation of a pretreatment standard or requirements as defined by Section 14.12.220 (daily maximum, long -term average, instantaneous limit, or narrative standard) that the city engineer determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public; D. Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the city engineer's exercise of its emergency authority to halt or prevent such a discharge; E. Failure to meet, within ninety days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; F. Failure to provide within forty -five days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self- monitoring reports, and reports on compliance with compliance schedules; G. Failure to accurately report noncompliance; or H. Any other violation(s), which may include a violation of Best Management Practices, which the city engineer determines will adversely affect the operation or implementation of the local pretreatment program. 14.12.090 Notice —Time limits. Any time limit provided in any written notice or in any provision of this chapter may be extended only by a written directive of the city engineer. 0AKF9 SACOUNCI LlOrds113- 141BMC14.12.Sewer. Use. Fnl. Dom -- Page 12 of 46 Pages -- > m F— r t7 C� ORIGINAL 14.12.100 Inspectors. A. Adequate identification shall be provided by the city engineer for all inspectors and other authorized personnel and these persons shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor. B. Inspection of every facility that is involved directly or indirectly with the discharge of wastewater to the city's sewerage systems may be made by the city engineer as he deems necessary. These facilities shall include but not be limited to sewers; sewage pumping plants; pollution control plants; all industrial processes; industrial wastewater generation, conveyance and pretreatment facilities, devices and connection sewers; and all similar sewerage facilities. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the provisions of this chapter. C. Access to all of the above facilities or to other facilities directly or indirectly connected to the city's sewerage systems shall be given to authorized personnel of the city at all reasonable times including those occasioned by emergency conditions. Any permanent or temporary obstruction to easy access to the sewerage facility to be inspected shall promptly be removed by the facility user or owner at the written or verbal request of the city engineer and shall not be replaced. D. No person shall unlawfully interfere with, delay, resist or refuse entrance to an authorized city inspector attempting to inspect any wastewater generation, conveyance or treatment facility connected directly or indirectly to the city's sewerage systems. 14.12.110 Amendment of chapter. A. At least thirty days before any formal consideration of an amendment to this chapter, the city engineer shall notify, in writing, each public corporation performing as a local sewering agency in the city's sewer service area. B. The notice shall contain a brief description of the nature of the amendment to be considered and the time and place when formal action will be taken. S 1COU N CI L \O rds\ 13- 14 \BMC 14.12. Sewer. Use. Fnl. Docx o��PKF9�T > mr v o ORIGINAL -- Page 13 of 46 Pages -- 14.12.120 Recording fees and charges. The city engineer shall keep a permanent and accurate account of all fees and charges received under this chapter, giving the names and addresses of the persons on whose account the fees and charges were paid, the date and amount thereof, and the purpose for which charges were paid. 14.12.130 Trade secrets. A. In respect to trade secrets, it is determined that the public interest served by not making said records public clearly outweighs the public interest served by the disclosure of said records. B. Accordingly, any trade secrets acquired by the city in the course of implementation or enforcement of this ordinance shall not be made public except to that extent necessary to enforce this chapter. However, disclosure of trade secrets to other governmental agencies, including EPA, is not prohibited. Information and data provided to the city which is effluent data shall be available to the public without restriction. C. Notwithstanding the provisions of subsections A and B of this section, self- monitoring reports and all effluent data shall be available to the public. All other information submitted or which may be furnished to the city in connection with required periodic reports shall also be available to the public unless the industrial discharger satisfactorily demonstrates to the city engineer that the disclosure of such information or particular portion thereof would divulge trade secrets. III. Regulations Generally 14.12.140 Approval of plans for sewerage construction. A. No person, other than employees of the city or persons contracting to do work for the city shall construct or cause to be constructed, or alter or cause to be altered, any public sewer, lateral sewer, house connection or industrial connection sewer over six inches in diameter, sewage pumping plant, pollution control plant, or other sewerage facility within the city where existing or proposed wastewater flows will discharge directly or indirectly to facilities of the city without first obtaining approval of sewerage construction plans from the city engineer. S:I000NCILIOrds113 -141BM C14.12.Sewer. Useld. Docx -- Page 14 of 46 Pages -- ``�AKF9 o �-� > m v o ORIGINAL B. The applicant shall submit to the city engineer for approval construction plans and such specifications and other details as required to describe fully the proposed sewerage facility. The plans shall have been prepared under the supervision of and shall be signed by an engineer of suitable training registered in the state. C. Plans for sewerage construction shall not be approved by the city engineer for any facility which will convey industrial wastewater unless the discharger has first obtained a permit for industrial wastewater discharge. D. Plans and specifications for sewerage construction shall meet all requirements as established by adopted City Standards S -7, S -8, S -20 through S- 23 and S -39 and all amendments thereto as established from time to time by the city engineer. E. An approval of plans for sewerage construction shall expire one year after date of approval unless construction has been initiated. 14.12.150 Liquid waste disposal policy. A. Generally liquid wastes originating within the city's boundaries will be removed by the city's sewerage systems, provided the wastes will not: 1. Damage structures; 2. Create nuisances such as odors; 3. Menace public health; 4. Impose unreasonable collection, treatment or disposal costs on the city; 5. Cause interference with wastewater treatment processes; 6. Cause pass through which will cause the city to violate its wastewater discharge requirements; or 7. Detrimentally affect the local environment. B. The highest and best use of the city's sewerage systems in the conveyance, treatment and disposal of domestic wastewater. C. To comply with stated policies of the federal government and to permit the city to meet increasingly higher standards of treatment plant effluent quality, provisions are made in this chapter for the regulation of industrial wastewat o �PKfi9s� > m � r S: ICOUNCIL1 Ords113- 141BMC14.12,Sewer.Use.Fnl.Doox 0 0 ORIGINAL -- Page 15 of 46 Pages -- discharges. This chapter establishes quantity and quality limitations on industrial wastewater discharges which may adversely affect the city's sewerage systems or effluent quality. Methods of cost recovery from industrial wastewater dischargers are also established where the discharges impose inequitable collection, treatment or disposal costs to the city. D. Optimum use of the facilities of the city may necessitate that the city engineer require that certain industrial wastewaters be discharged during periods of low flow in the sewerage systems of the city. 14.12.160 Permit for sewer connection. A. Any person desiring to connect to a sewer of the city shall obtain a sewer permit. B. A sewer permit will not be issued unless the applicant has first obtained approval from the city engineer. A sewer permit will not be issued for any sewer which will convey industrial wastewaters unless the discharger has first obtained a city permit for industrial wastewater discharge. C. Direct attachment of a sewer six inches or smaller in diameter to a city sewer will be made only after the connection permit and wastewater discharge permit, if required, are obtained and all required fees are paid by the applicant. 14.12.170 Plan approvals and permits not transferable. Approval of plans for sewerage construction and sewer permits are not transferable from one person to another person or from one location to another location. 14.12.180 Inspection of construction. A. All sewers to be attached directly to a trunk sewer shall be inspected by personnel of the city during construction. B. At least forty -eight hours prior to cutting into the city's sewer, the city shall be notified. C. On making a connection to a trunk sewer, no physical alteration of the city's facilities shall commence until an inspector is present. SACOUNCIL10rds 113- 141BMC14.12.Sewer. Use.Fn1. Doox -- Page 16 of 46 Pages -- o, I�PKF9�'.c� >- m J o ORIGINAL 14.12.195 Maintenance of house connection sewer. All property owners shall maintain the house connection sewer from all points on their property to the public sewer. It is the responsibility of all property owners to repair any blockage of or damage to the house connection sewer. At the request of a property owner within the incorporated area, the city will repair that portion of the house connection sewer between the improved city right -of -way and the public sewer for a fee to be determined on a time and materials basis. At the request of a property owner in the unincorporated area where there is a connection to the city public sewer, the city will repair that portion of the house connection sewer between the right -of -way and the city public sewer for a fee to be determined on a time and materials basis. 14.12.200 Improper use of connected sewers. A. The city reserves the right to inspect any existing lateral or collecting sewers that discharge wastewater directly or indirectly to trunk sewers. If it is found that such lateral or collecting sewers are improperly used or improperly maintained, thereby causing discharge of septic wastewater, excessive groundwater, debris or any other objectionable substance to the city's sewers, the city engineer will give notice of the unsatisfactory condition to the offending discharger and shall direct that the condition be corrected. B. In cases of continued noncompliance with the city's directive, the city may disconnect the offending sewer from the city's sewerage system. C. Industrial sewer users shall notify the city immediately of all discharges that could cause problems to the city's sewerage system, including any slug discharges, as defined in Section 14.12.030, by the industrial user. 14.12.210 Excessive sewer maintenance expense. A. No person shall discharge or cause to be discharged to a trunk sewer, either directly or indirectly, any waste that creates a stoppage, plugging, breakage, any reduction in sewer capacity or any other damage to sewers or sewerage facilities of the city. Any excessive sewer or sewerage maintenance expenses or any other expenses attributable thereto will be charged to the offending discharger by the city. B. Any refusal to pay excessive maintenance expenses duly authorized by the city engineer shall constitute a violation of this chapter. SAC0UNCI L10rds113- 1418MC 14.12. Sewer. Use. FnI. Dom -- Page 17 of 46 Pages -- gaKF 0 9�� } m ton 0 ORIGINAL IV. Prohibited Wastes 14.12.220 Prohibited discharges. A. In most cases, the concentration or amount of any particular constituent which will be judged to be excessive or unreasonable cannot be foreseen but will depend on the results of technical determinations and the actions of regulatory agencies. The list of constituents which may be regulated provides specific limits only where they are now reasonably well established. The other constituents in the list are presented with the objective of enumerating the types of wastes which will be regulated from time to time. B. Except as provided in Section 14.12.230, no person shall discharge or cause to be discharged to a public sewer, which directly or indirectly connects to the city's sewerage systems, the following wastes: 1. Any waste containing pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed -cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees centigrade using the test methods specified in 40 CFR 261.21; 2. Any waste containing toxic or poisonous solids, liquids or gases in such quantities that, alone or in combination with other waste substances, may create a hazard for humans, animals or the local environment, interfere detrimentally with wastewater treatment processes, cause a public nuisance, or cause any hazardous condition to occur in the sewerage system; 3. Any waste having a pH less than 6.0 or greater than 12.0 or having any corrosive or detrimental characteristic that may cause injury to wastewater treatment or maintenance personnel or may cause damage to structures, equipment or other physical facilities of the sewerage system; 4. Any solids or viscous substances of such size or in such quantity that they may cause obstruction to flow in the sewer or be detrimental to proper wastewater treatment plant operations; these objectionable substances include, but are not limited to, asphalt, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, bones, hair and fleshings, entrails, paper dishes, paper cups, milk containers, or other similar paper products, either whole or ground; SACOUNCIL10rds 113- 141BMC14.12.Sewer. Use.Fnl. Doox -- Page 18 of 46 Pages -- AK49`� -�• > m r-- r— v o ORIGINAL 5. Any rainwater, stormwater, groundwater, street drainage, subsurface drainage, roof drainage, yard drainage, water from yard fountains, ponds or lawn sprays, swimming pool drainage, or any other uncontaminated water, unless specifically authorized by the city engineer; 6. Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations; 7. Any nonbiodegradable cutting oils, commonly called soluble oil which form persistent water emulsions; 8. Any excessive concentrations of nonbiodegradable oil, petroleum oil or refined petroleum products; 9. Any dispersed biodegradable oils and fats, such as lard, tallow or vegetable oil in excessive concentrations that would tend to cause adverse effects on the sewerage system; 10. Any waste with an excessively high concentration of cyanide; 11. Any unreasonably large amounts of undissolved or dissolved solids; 12. Any wastes with excessively high BOD, COD or decomposable organic content; 13. Any strongly odorous waste or waste tending to create odors; 14. Any wastes containing over 0.1 milligram /liter of dissolved sulfides; 15. Any substance promoting or causing the promotion of toxic gases; 16. Any waste having a temperature of one hundred fifty degrees Fahrenheit or higher or which would result in influent temperatures at the treatment plant in excess of one hundred four degrees Fahrenheit; 17. Any wastes requiring an excessive quantity of chlorine or other chemical compound used for disinfection purposes; 18. Any excessive amounts of chlorinated hydrocarbon or organic phosphorus type compounds; 19. Any excessive amounts of deionized water, steam condensate or distilled water; SACOUNCIL1Ords 113- 141BMC14,12. Sewer. Use.Fn1. Docx -- Page 19 of 46 Pages -- o�OAK, 9,p >- rn v O ORIGINAL 20. Any waste containing substances that may precipitate, solidify or become viscous at temperatures between fifty degrees Fahrenheit and one hundred degrees Fahrenheit; 21. Any garbage or waste that is not ground sufficiently to pass through a three - eighths inch screen; 22. Any wastes containing excessive quantities of boron, chromium, phenols, plastic resins, copper, nickel, zinc, lead, mercury, cadmium, selenium, arsenic or any other objectionable materials toxic to humans, animals, the local environment or to biological or other wastewater treatment processes; in no event shall the below- specified limits for Plant 2 or Plant 3 be exceeded: 1,4- Dichlorobenzene 1.20 mg /L 5.50 mg /L Ethylbenzene 7.920 mg /L 7.920 mg /L Methylene chloride 31.0 mg /L 44.0 mg /L Phenols 2000 mg /L 300 mg /L Tetrachloroethene Non - detect Non - detect SACOUNCI L\Ords113- 141BMC 14.12.Sewer. Weld. Doox -- Page 20 of 46 Pages -- o``0PKF9 -� s m � o ORIGINAL Plant 2 Plant 3 Arsenic 0.81 mg /L 1.00 mg /L Cadmium 0.11 mg /L 0.19 mg /L Chromium (total) 4.28 mg /L 5.00 mg /L Copper 3.97 mg /L 7.13 mg /L Lead 0.90 mg /L 1.48 mg /L Mercury 0.20 mg /L 0.09 mg /L Molybdenum 0.80 mg /L 1.47 mg /L Nickel 0.75 mg /L 6.64 mg /L Selenium 0.59 mg /L 0.45 mg /L Silver 2.41 mg /L 2.81 mg /L Zinc 6.93 mg /L 5.25 mg /L Benzene 0.50 mg /L 0.50 mg /L 1,2- Dichlorobenzene 0.30 mg /L 0.50 mg /L 1,4- Dichlorobenzene 1.20 mg /L 5.50 mg /L Ethylbenzene 7.920 mg /L 7.920 mg /L Methylene chloride 31.0 mg /L 44.0 mg /L Phenols 2000 mg /L 300 mg /L Tetrachloroethene Non - detect Non - detect SACOUNCI L\Ords113- 141BMC 14.12.Sewer. Weld. Doox -- Page 20 of 46 Pages -- o``0PKF9 -� s m � o ORIGINAL Toluene 3.390 mg /L 3.390 mg /L Total Dissolved Solids 3500 mg /L 2700 mg /L pH 6 -12 unit 6 -12 unit Notwithstanding the limitations that are specified above in this section: a. The city may impose more restrictive standards or requirements on discharge if it is deemed necessary to comply with the objectives of this chapter, specific prohibitions or the terms of the city's waste discharge order. b. The city may authorize discharges containing higher concentrations on a site - specific basis, provided that the concentrations of such discharges shall not cause pass through or interference. Upon approval by the city, site - specific limitations shall be established through the terms specified in the discharger's industrial wastewater discharge permit. The city may impose mass limitations in addition to, or in place of, concentration based limitations. However, no special agreement shall be allowed to contravene federal, state or local pretreatment standards. c. The city may develop Best Management Practices (BMPs), by ordinance or in individual wastewater discharge permits to implement Local Limits and the requirements of this Section. 23. Any blowdown or bleed water from cooling towers or other evaporative coolers exceeding one -third of the makeup water; 24. Any single pass cooling water; 25. Any excessive quantities of radioactive material wastes; 26. Recognizable portions of the human anatomy. C. No person shall discharge or cause to be discharged to any public sewer which directly or indirectly connects to the city's sewerage system any wastes, which will cause Interference or Pass Through, or if in the opinion of the city engineer such wastes may have an adverse or harmful effect on sewers, maintenance personnel, wastewater treatment plant personnel or equipment, treatment plant effluent quality, public or private property, or may otherwise endanger the public, the local environment or create a public nuisance. The city engineer, in determining the acceptability of specific wastes, shall consider the nature of the waste and the adequacy and nature of the collection, treatment and disposal system available to accept the waste. SACOUNCILIOrds 113- 141BMC14.12.Sewer. Use.Fn1. Doox -- Page 21 of 46 Pages -- o"I0AK4J'c� > m v v ORIGINAL D. The city engineer shall from time to time prepare a list of the maximum permissible quantities or concentrations of certain constituents in industrial wastewater flows and otherwise issue detailed directions for meeting the requirements of this section. 14.12.230 Hospital wastes. A. Hospitals, clinics, offices of medical doctors and convalescent homes: 1. May discharge, through a city- approved grinder installation with inlet size and design features suitable for its intended use and so constructed that all particles pass through a maximum three - eighth inch opening, wastes of the following categories: a. Wet organic kitchen wastes from food preparation and disposal but excluding all paper and plastic items; b. Disposable hypodermic needles, syringes and associated articles following their use; c. Infectious wastes, defined as: i. Laboratory and surgical operating room wastes except as excluded in paragraph (2) (b) of this subsection; ii. Wastes from outpatient areas and emergency rooms similar to those included in subparagraph (i) of this paragraph; iii. Equipment, instruments, utensils and other materials of a disposable nature that may harbor or transmit pathogenic organisms and that are used in the rooms of patients having a suspected or diagnosed communicable disease which by the nature of the disease is required to be isolated by public health agencies; 2. Shall not discharge to the sewer by any means; a. Solid wastes generated in the rooms of patients who are not isolated because of a suspected or diagnosed communicable disease; b. Recognizable portions of the human anatomy; C. Wastes excluded by other provisions of this chapter except as specifically permitted in paragraph (A) (1) of this section; SACOUNCI L10rds113- 141BMC 14.12. Sewer. Use, Fn 1. Docx -- Page 22 of 46 Pages -- �0AKF9 > m � r v � ORIGINA9.. d. All solid wastes not included in paragraph (A)(]) of this section. B. Nothing contained in this section shall be construed to limit the authority of the health officer of the county to define wastes as being infectious and, with the concurrence of the city engineer, to require that they be discharged to the sewer. V. Industrial Wastewaters 14.12.240 Discharge permit— Requirements generally. A. No person shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to sewerage facilities owned by the city without first obtaining a city permit for industrial wastewater discharge. B. The permit for industrial wastewater discharge may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers of the city, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the city created by the wastewater discharge and such other conditions as may be required to effectuate the purpose of this chapter. Specific discharge limits, as specified in the National Categorical Standards, shall be included in each permit: provided, however, that if no such limit has been established, the city engineer shall ascertain the limit to be applied to the discharger and such limit shall be incorporated in the permit. Those limits set by the city engineer pursuant to subsection B of Section 14.12.220 of this chapter shall be no less stringent than applicable state and National Categorical Standards. Effluent discharge limits may include Best Management Practices based on applicable Pretreatment Standards. C. No person shall discharge industrial wastewaters in excess of the quantity or quality limitations set by the permit for industrial wastewater discharge. Any person desiring to discharge wastewaters or use facilities which are not in conformance with the industrial wastewater permit or desiring to change its discharge parameters, shall apply to the city for an amended permit. An amended permit shall be secured before discharging at limits in excess of the current permit condition. New or increased contributions of pollutants to the city sewerage system by industrial users, where such contribution do not meet applicable National Pretreatment Standards and the requirements set forth in this chapter or where such contributions would cause the city to violate its waste discharge requirements, are prohibited, and no amended permit shall be issued for such contributions. SACOUNCIL10rds 113- 141BMC14.12. Sewer, Use.Fnl. Dom -- Page 23 of 46 Pages -- o�gP, KF s U 0 ORIGINAL. D. A schedule for complying with any industrial effluent limitations, self - monitoring requirements or other requirements deemed necessary by the city engineer to insure compliance with city, county, state or federal rules and regulations shall be submitted to the city for approval. The city engineer may require compliance schedule progress reports, a report on final compliance with effluent limitations and standards, and periodic reports on continued compliance. E. Requirements to control Slug Discharge, if determined by the city to be necessary. The city engineer shall evaluate whether each significant industrial user needs an accidental discharge /slug control plan. The city engineer may require any user to develop, submit for approval and implement such a plan. Alternatively, the city engineer may develop such a plan for any user. An accidental discharge /slug control plan shall address, at a minimum, the following: 1. Description of discharge practices, including nonroutine batch discharges; 2. Description of stored chemicals; 3. Procedures for immediately notifying the city engineer of any accidental or slug discharge, as required by Section 14.12.325(H); and 4. Procedures to Prevent Adverse Impact from any Accidental or Slug Discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and /or measures and equipment for emergency response. 14.12.250 Discharge permit — Application procedure— Conditions for approval. A. Applicants for a permit for industrial wastewater discharge shall complete a city application form available at the office of the city engineer. The city may require additional information on the characteristics of the wastewater discharge beyond that required on the application form. B. Any person signing the application statement submitted pursuant to this section shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a systemo��AKFy� T SA COUNCIL1 Ordsl l3- 1418MC14.12,Sewer. Use. Fnl.Dou �� m r v o -- Page 24 of 46 Pages -- ORIGINAL 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. Upon approval of the application, an industrial waste discharge permit will be issued and the application, plans, specifications and data (the compliance schedule in the case of an interim permit) submitted in support will be considered as part of the discharge permit. D. The application shall be approved if the applicant has complied with all applicable requirements of this chapter and furnished to the city all requested information and if the city engineer determines that there is adequate capacity in the city's facilities to convey, treat and dispose of the wastewaters. 14.12.260 Discharge permit— Change of restrictions. A. The city may change the restrictions or conditions of a permit for industrial wastewater discharge from time to time as circumstances may require. B. The city shall allow an industrial discharger a reasonable period of time to comply with any changes in the industrial wastewater permit required by the city. 14.12.270 Discharge permit— Suspension— Conditions for reinstatement. A. The city engineer may suspend a permit for industrial wastewater discharge when such suspension is necessary in order to stop a discharge which presents an actual or threatened hazard to the public health, safety or welfare, to the local environment or to the city's sewerage system. B. Any discharger notified of a suspension of his industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the sewerage system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the city engineer or wastewater manager shall take such steps as set forth in this chapter to ensure compliance. C. The city engineer shall reinstate the industrial wastewater permit upon proof of satisfactory compliance with all discharge requirements of the city. SACOUNCI L\Ords113- 141BMC14.12. Sewer. Use. Fnl. Docx -- Page 25 of 46 Pages -- o��PKF�`t -n > m F— r v o ORIGINAL 14.12.280 Discharge permit— Revocation. The city engineer may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons: A. Failure to notify the city engineer of significant changes to the wastewater prior to the changed discharge; B. Failure to provide prior notification to the city engineer of changed conditions pursuant to Section 14.12.240 C. of this chapter; C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; D. Falsifying self- monitoring reports; E. Tampering with monitoring equipment; F. Refusing to allow the city engineer timely access to the facility premises and records; G. Failure to meet effluent limitations; H. Failure to pay fines; I. Failure to pay sewer charges; J. Failure to meet compliance schedules; K. Failure to complete a wastewater survey or the wastewater discharge permit application; L. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter. N. Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user. o�cR>AK499 T SA COUNCIL1 Ords1 13- 141BMC14.12.Sewer. Use. Fnl.Dwx U p ORIGINAL -- Page 26 of 46 Pages -- 14.12.290 Restrictions or refusal of service pursuant to availability of city's facilities. A. If sewerage capacity is not available, the city may require the industrial wastewater discharger to restrict his discharge until sufficient capacity can be made available. B. When requested, the city will advise persons desiring to locate new facilities as to the areas where industrial wastewater of their proposed quantity and quality can be received by available sewerage facilities. C. The city may refuse service to persons locating facilities in areas where their proposed quantity or quality of industrial wastewater is unacceptable in the available treatment facility. 14.12.300 Pretreatment — Devices required. A. An industrial wastewater pretreatment system or device may be required by the city engineer to treat industrial flows prior to discharge to the sewer when it is necessary to restrict or prevent the discharge to the sewer of certain waste constituents, to distribute more equally over a longer time period any peak discharges of industrial wastewaters or to accomplish any pretreatment result required by the city engineer. All pretreatment systems or devices shall be approved by the city engineer but such approval shall not absolve the industrial discharger of the responsibility for meeting any industrial effluent limitation required by the city including all applicable federal, state and local limitations and requirements. In special cases, the city engineer may require construction of sewer lines by the discharger to convey certain industrial wastes to a specific city trunk sewer. All pretreatment systems judged by the city engineer to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed in the state. In no case shall an industrial waste discharger be absolved of the responsibility of complying with applicable industrial waste discharge standards or requirements established by the state or local government or established by the federal government pursuant to Section 307 of the Clean Water Act, as amended or the federal pretreatment regulations promulgated pursuant to Section 307. This includes both existing standards or requirements and any standards or requirements which may be enacted or promulgated by the federal, state, or local government. B. Normally a gravity separation interceptor, equalizing tank, neutralization chamber, control manhole or other monitoring facility, and a spill containment system, will be required respectively to remove prohibited settleable and floatable solids, to equalize wastewater streams varying greatly in quantity and /or quality, to neutralize low or high pH flows, to facilitate inspection, flow S ACOU N CI L10rds113- 141BMC 14.12. Sewer. Use, Fnl. Docx -- Page 27 of 46 Pages -- T ~ r v o ORIGINAL measurement and sampling, and to prevent discharge to the sewer of quantities of toxic materials due to rupture of a tank or pipeline or other such accidental occurrences. Spill containment systems shall conform to requirements established by the city engineer and shall in no event be dependent upon electrical or other energy. No industrial waste discharger shall operate a spill containment system that allows incompatible liquids to mix thereby creating hazardous or toxic substances in the event of the failure of more than one container. Floor drains from commercial or manufacturing buildings, warehouses or multi -use structures shall not discharge directly to the sewer, but shall first discharge to a gravity separation interceptor. 14.12.310 Separation of domestic and industrial wastewaters. All domestic wastewaters from rest rooms, showers, drinking fountains, etc., shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment system or device and the industrial wastewater monitoring facility or stations. 14.12.320 Sampling, analysis and flow measurements. A. Periodic measurements of flow rates, flow volumes, BOD and suspended solids for use in determining the annual industrial wastewater treatment surcharge and such measurements of other constituents believed necessary by the city engineer shall be made by all industrial wastewater dischargers, unless specifically relieved of such obligation by the city engineer. All sampling, analyses and flow measurements of industrial wastewaters shall be performed by a state - certified independent laboratory, by a laboratory of an industrial discharger approved by the city engineer or by personnel of the city. Prior to submittal to the city of data developed in the laboratory of an industrial discharger, the results shall be verified by a responsible administrative official of the industrial discharger under the penalty of perjury. B. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. Where 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Regional EPA 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 city or other parties, approved by the Regional EPA Administrator. Any independent laboratory or discharger performing tests shall furnish any required SACOU N CI L10rds113- 141BMC 14.12. Sewer. Use. Fnl. Dou -- Page 28 of 46 Pages -- 0AKF9 > m t: r— v O ORIGINAL test data or information on the test methods or equipment used, if requested to do so by the city engineer. C. All dischargers making periodic measurements shall furnish and install at the control manhole or other appropriate location a calibrated flume, weir, flow meter or similar device approved by the city engineer and suitable to measure the industrial wastewater flow rate and total volume. A flow indicating, recording and totalizing register may be required by the city engineer in lieu of wastewater flow measurement, the city engineer may accept records of water usage and adjust the flow volumes by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharge. D. The sampling, analysis and flow measurement procedures, equipment and results shall be subject at any time to inspection by the city. Sampling and flow measurement facilities shall be such as to provide safe access to authorized personnel. E. Those industrial wastewater dischargers required by the city engineer to make periodic measurements of industrial wastewater flows and constituents shall annually make the minimum number of such measurements required. The minimum requirement for such periodic measurements shall be at least two twenty -four hour measurements per year. Representative samples of the industrial wastewater shall be obtained at least once per hour over the twenty - four hour period, properly refrigerated, composited according to measured flow rates during the twenty -four hours and analyzed for the specified wastewater constituents. Dischargers required to sample on only a few days per year shall sample during the periods of highest wastewater flow and wastewater constituent discharges. Industrial plants with large fluctuations in quantity or quality of wastewater may be required to provide continuous sampling and analyses for every working day. When required by the city engineer, dischargers shall install and maintain in proper order automatic flow proportional sampling equipment and /or automatic analysis and recording equipment. F. Measurements to verify the quantities of waste flows and waste constituents reported by industrial dischargers will be conducted on a random basis by personnel of the city. G. Each industrial discharger, including those subject to self- monitoring and reporting requirements, shall retain for a minimum of three years records of monitoring activities and results required by this chapter, including documentation associated with Best Management Practices established under Section 14.12.220.B.22, and shall make such records available upon request for �OAK�c9 SA COUNCIL1 Ordsl l3- 141BMC14.12.Sewer. Use. Fnl.Dwx — m -- Page 29 of 46 Pages -- ORIGINAL inspection and copying by inspectors and other authorized personnel of the city acting pursuant to Section 14.12.100 or otherwise pursuant to this chapter. Such records shall be retained during the pendency of any litigation regarding industrial discharge or for such additional periods as may be requested by county, state or federal entities. H. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period. 1. Except as indicated in Section 2 and 3 below, the User must collect wastewater samples using 24 -hour flow - proportional composite sampling techniques, unless time - proportional composite sampling or grab sampling is authorized by the city. Where time - proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24 -hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits. 2. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. 3. For sampling required in support of baseline monitoring and 90 -day compliance reports required in Sections 14.12.325.A and 14.12.325.0 [40 CFR 403.12(b) and (d)j, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the city may authorize a lower minimum. For the reports required by paragraphs Section 14.12.325.D (40 CFR 403.12(e) and 403.12(h)), the Industrial User is required to collect the number of grab samples necessary to assess and assure compliance by with applicable Pretreatment Standards and Requirements. S AC0 U N CI L10rds113 -141B MC 14.12. Sewer. Use. Fn I. Dom -- Page 30 of 46 Pages -- > rn v o ORIGINAL 14.12.325 Reporting requirements for industrial users. A. Baseline Monitoring Reports. Within one hundred eighty days after the effective date of a categorical Pretreatment Standard, or one hundred eighty days after the final administrative decision made upon a category determination submission under 40 CFR 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 POTW shall be required to submit to the city a report which contains the information listed in paragraphs A.1.— A.7. of this section. At least ninety 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 city a report which contains the information listed in paragraphs A.1.— A.5. of this section. 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 A.4. and A.5. of this section. 1. Identifying Information. The user shall submit the name and address of the facility including the name of the operator and owners; 2. Permits. The user shall submit a list of any environmental control permits held by or for the facility; 3. 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 POTW from the regulated processes. 4. 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 following: a. Regulated process streams; and b. Other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e). (See paragraph A.5.d. of this section.) The city may allow for verifiable estimates of these flows where justified by cost or feasibility considerations. 5. Measurement of Pollutants. SACOUNCIL10rds 113- 141BMC14.12.Sewer. Use.Fnl. Dou o``gAKF9� I— m 0 -- Page 31 of 46 Pages -- ORIGINAL a. The user shall identify the pretreatment standards applicable to each regulated process. b. 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 city) of regulated pollutants in the discharge from each 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 city or the applicable Standards to determine compliance with the Standard. c. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph. d. 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 40 CFR 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 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the city. e. Sampling and analysis shall be performed in accordance with the techniques specified in Section 14.12.320. f. The city 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. g. 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 POTW. 6. Certification. The users shall submit a statement, reviewed by an authorized representative of the industrial user (as defined in Section 14.12.250B. 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 (O and M) and /or additional pretreatment is SACOUNCIL10rds 113- 141BMC14.12.Sewer. Use.Fnl. Docx -- Page 32 of 46 Pages -- s � m v o ORIGINAL. required for the industrial user to meet the pretreatment standards and requirements; and 7. Compliance Schedule. If additional pretreatment and /or O and M will be required to meet the pretreatment standards, the user shall submit the shortest schedule by which the industrial user will provide such additional pretreatment and /or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. a. Where the industrial user's categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and /or a Fundamentally Different Factors variance (40 CFR 403.13) at the time the user submits the report required by subsection A. of this section, the information required by paragraphs A.6. and A.7. of this section shall pertain to the modified limits. b. If the categorical pretreatment standards are modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)) , and /or a Fundamentally Different Factors variance (40 CFR 403.13) after the user submits the report required by paragraph A. of this section, any necessary amendments to the information requested by paragraphs A.6. and A.7. of this section shall be submitted by the user to the city within sixty days after the modified limit is approved. B. Compliance Schedule for Meeting Categorical Pretreatment Standards. The following conditions shall apply to the schedule required by paragraph A.7 of this section: 1. 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.). 2. No increment referred to in paragraph B.1 of this section shall exceed 9 months. 3. 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 City 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 too�pKF9s� SA COUNCIL1Ords113- 141BMC14.12.Sewer.Uselnl.Dom m I— r v -- Page 33 of 46 Pages -- ORIGINAL 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 city. C. Report on Compliance With Categorical Pretreatment Standard Deadline. Within ninety 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 POTW, any industrial user subject to pretreatment standards and requirements shall submit to the city a report containing the information described in paragraphs A.4. —A.6. of this section. For industrial users subject to equivalent mass or concentration limits established by the city in accordance with the procedures in 40 CFR 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. D. Periodic Reports on Continued Compliance. 1. All Significant Industrial Users are required to submit periodic compliance reports even if they have been designated a nonsignificant categorical industrial user under the provisions of Section 14.12.030 of this chapter. All Significant Industrial Users must, at a frequency determined by the city, submit to the city during the months of June and December, unless required more frequently in the pretreatment standard or by the city or the approval authority, a report indicating the nature and concentration of pollutants in the discharge which are limited by 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 A.4. of this section except that the city 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 city or the Pretreatment Standard necessary to determine the compliance status of the User. At the discretion of the city and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the city may agree to alter the months during which the above reports are to be submitted. 2. All periodic compliance reports must be signed and certified in accordance with Section 14.12.250.B. �0AKF9 y SA COUNCILI Ordsl l3- 141BMC14.12.Sewer. Use. Fnl.Dou r V O -- Page 34 of 46 Pages -- ORIGINAL 3. All wastewater samples must be representative of the User's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge. 4. If a User subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city, using procedures prescribed in Section 14.12.320 of this chapter, the results of this monitoring shall be included in the report. 5. Where the city has imposed mass limitations on industrial users as provided for by 40 CFR 403.6(c), the report required by paragraph D.1. of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user. 6. For industrial users subject to equivalent mass or concentration limits established by the city in accordance with the procedures in 40 CFR 403.6(c), the report required by paragraph D.I. 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 D.I. shall include the User's actual average production rate for the reporting period. E. Reporting Requirements for Industrial Users not Subject to Categorical Pretreatment Standards. The city shall require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards. Significant non - categorical industrial -users shall submit to the city at least once every six months (on dates specified by the city) a description of the nature, concentration, and flow of the pollutants required to be reported by the city. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR part 136 and amendments thereto. This sampling and analysis may be performed by the city in lieu of the significant non - categorical industrial user. In cases where a local limit or discharge permit requires compliance with a Best Management Practice (or pollution prevention alternative), the User must submit documentation required by the city to determine the compliance status of the User. F. Annual Certification for Non - Significant Categorical Industrial Users —A facility determined to be a Non - Significant Categorical Industrial User by the city pursuant to Section 14.12.030 must annually submit the following certification SACOUNCI L10rds113- 141BMC14.12.Sewer. Use.Fnl. Dom -- Page 35 of 46 Pages -- oI` ,AK4 �_Pvl v d ORIGINAL statement signed in accordance with the signatory requirements in Section 14.12.2508. This certification must accompany an alternative report required by the city. Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR , I certify that, to the best of my knowledge and belief that during the period from to [months, days, year]: (a) The facility described as name] met the definition of a Non - Significant Industrial User as defined in 14.12.030. [facility Categorical (b) The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based on the following information: G. Notice of Violation /Resampling Requirement. If sampling performed by an industrial user indicates a violation, the user shall notify the city 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 city within thirty days after becoming aware of the violation, except the industrial user is not required to resample if: 1. The city performs sampling at the industrial user at a frequency of at least once per month, or 2. The city performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling, or 3. The city has performed the sampling and analysis in lieu of the industrial user. SAC0UNCIL\0rds 113- 1418MC14.12.Sewer.Useld. Dom -- Page 36 of 46 Pages -- oI` bNK4,9 > m r r v Q ORIGINAL H. Notice of Slug Discharge. In the event a slug discharge occurs, the discharger shall notify the city immediately by phone, followed with a written notification. Said written notification discussing circumstances and remedies shall be submitted to the city within five days of the occurrence. I. Notice of Discharge of Hazardous Wastes. 1. The industrial user shall notify the city, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than one hundred kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: An identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve months. All notifications must take place within one hundred eighty days of the effective date of this rule. Industrial users who commence discharging after the effective date of this rule shall provide the notification no later than one hundred eighty days after the discharge of the listed or characteristic hazardous waste. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 CFR 403.12 (j). The notification requirement in this section does not apply to pollutants already reported under the self- monitoring requirements of 40 CFR 403.12 (b), (d), and (e), or Sections 14.12.325 of this chapter. 2. Dischargers are exempt from the requirements of paragraph 1.1. of this section during a calendar month in which they discharge no more than fifteen kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one -time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification. 3. In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional) o 9T SA COUNCIL1 Ordsl l3- 141BMC14.12,Sewer, Use. Fnl.Dom > m 1— r V (Z7 -- Page 37 of 46 Pages -- ORIGINAL substance as a hazardous waste, the industrial user shall notify the city, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within ninety days of the effective date of such regulations. 4. In the case of any notification made under subsection I. of this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has been determined to be economically practical. J. Reports of Potential Problems 1. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a Slug Discharge or Slug Load, that might cause potential problems for the POTW, the User shall immediately telephone and notify the city of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the User. 2 Significant Industrial Users are required to notify the city immediately of any changes at its facility affecting the potential for a Slug Discharge. 14.12.330 Discrepancies between actual and reported discharge quantities. A. Should measurements or other investigations reveal that the industrial discharger is discharging a flow rate, or a quantity of flow, biochemical oxygen demand or suspended solids significantly in excess of that stated on the industrial wastewater permit or in excess of the quantities reported to the city by the discharger and upon which the industrial wastewater treatment surcharge is based, the discharger shall apply for an amended industrial wastewater permit and shall be assessed for all delinquent charges together with the penalty and interest provided for in Section 14.12.390. Before these charges shall be assessed at least two additional twenty -four hour samples and flow measurements shall be obtained by the city with all costs of sampling and analyses to be paid by the discharger. B. For the purpose of establishing the correct treatment surcharge, the data obtained in these samplings along with any other relevant information obtained by the city or presented by the discharger, shall be used by the city engineer in determining the quantity parameters for use in the surcharge formula. An industrial discharger found in violation shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter values S:1000NCIL10rds 113- 141BMC14.12.Sewer. Use.Fnl. Dom o�0AK�9.� m .' m c.� O -- Page 38 of 46 Pages -- ORIGINAL over the preceding three years or subsequent to the previous city verification of quantity parameters, whichever period is shorter. 14.12.340 Industry discharge classifications — Parameter establishing surcharge. The city engineer may classify dischargers by industrial categories and establish an industrial wastewater treatment surcharge based upon average flow quality and flow quantity for the industrial category adjusted by some commonly recognized parameter selected by the city engineer that establishes the relative size of the industrial discharger being charged. 14.12.350 Damage caused by prohibited discharge, slug discharges, or by other causes. Any industrial wastewater discharger who discharges or causes the discharge of prohibited wastewaters or slug discharges which cause damage to city's facilities, detrimental effects on treatment processes, or any other damages resulting in costs to the city shall be liable to the city for all damages occasioned thereby. 14.12.360 Existing dischargers. A. All persons discharging industrial wastewater directly or indirectly to the city's sewerage systems prior to the effective date of the ordinance codified in this chapter and who have obtained a permit or approval of industrial wastewater discharge from the local sewering agency or from the city are granted a temporary permit to discharge industrial wastewaters. B. This temporary permit shall expire six months after notification by the city engineer that a new permit is to be obtained, or after two years from the effective date of the ordinance codified in this chapter, whichever should first occur. C. Prior to the expiration of the temporary permit, the industrial wastewater discharger shall apply for and obtain a permit for industrial wastewater discharge. VI. Trucker's Discharge Permits 14.12.370 Requirements. A. All persons owning vacuum or "cesspool" pump trucks or other liquid waste transport trucks and desiring to discharge septic tank, seepage pit, interceptor or cesspool contents, industrial liquid wastes or other liquid wastes to SACOUNCI L10rds113- 141BMC14.12, Sewer. Use. Fnl. Dou -- Page 39 of 46 Pages -- s � r— v O ORIGINAL_ sewerage facilities of the city or to facilities that discharge directly or indirectly to such sewerage facilities shall first have a valid city's trucker's discharge permit. All applicants for a trucker's discharge permit shall complete the application form, pay the appropriate fee, receive a copy of the city's regulations governing discharge to sewers of liquid wastes from trucks and shall agree, in writing, to abide by these regulations. B. Discharge of septic tank, seepage pit, interceptor or cesspool contents or other wastes containing no industrial wastes may be made by trucks holding a city's permit at the city's designated public dumping location. Truck transported industrial wastes shall be discharged only at the locations specified by the city engineer for the specific waste. The city may require payment for treatment and disposal costs or may refuse permission to discharge certain prohibited wastes. C. The trucker's discharge permit shall be valid for one year from date of issuance. D. Any person negligently or willfully violating the city's requirements for liquid waste discharges from trucks shall be in violation of this chapter and may have his permit revoked by the city engineer. (Ord. 3667 § 1 (part), 1995) VII. User Charges and Fees 14.12.380 Establishments. The city council shall establish by resolution or ordinance fees for each fiscal year sufficient to recover to the city reasonable costs of providing sewer connection services, which include the costs associated with and necessitated by the upgrading and expansion of sewer facilities,* which fees shall be reviewed and revised from time to time as determined appropriate by the city council. * Editor's Note: Sewer connection charges are not codified herein. A current copy of said charges may be found on file in the office of the city clerk. 14.12.390 Payment requirements. A. All fees and charges imposed under the provisions of this chapter, except connection charges which shall be due and payable upon application for a building permit or permit to connect an existing building, shall be collected by the county tax collector pursuant to the provisions of Section 50 of the Charter of the city and Section 51330 et seq. of the Government Code, in accordance with an annual resolution of the city council therefor, which SAC0UNCIL10rds 113- 1418MC14.12.Sewer.Use.Fn1. Dom -- Page 40 of 46 Pages -- O� eAKF9cP > ►— m U r— O ORIGINAL resolution shall be adopted in time for transmittal to the county tax collector each fiscal year. B. Notwithstanding subsection A above, for all owners of single - family residential property in an existing residential infill sewer area as defined in Section 14.12.030(L), the city may enter into an agreement to allow such owner to pay the sewer connection fee (as set by resolution of the city council) and /or the sewer construction fee (as set by resolution of the city council) through the property owner's property tax bill over a period not to exceed five years. No interest will be charged. Such cost shall be considered a lien on the owner's property upon which the connection was made. The agreement shall require an indemnity from the property owner to protect the city. C. In cases of economic hardship, as determined by the city council or its designee, for properties not located in an existing residential infill sewer area, the city may enter into an agreement with the property owner of a single - family residence to allow such owner to pay the sewer connection fee through the property owner's property tax bill over a period not to exceed five years. No interest will be charged. Such cost shall be considered a lien on the owner's property upon which the connection was made. The agreement shall require an indemnity from the property owner to protect the city. D. Surcharges applicable to commercial and industrial users shall be due and payable on the first day of the month and become delinquent after the last day of the month. The owner of each property served and any and all tenants, to the same proportion as their tenancy bears to the entire property, are jointly and severally liable for payment of such surcharges. Interest at the rate of one percent per month shall be added to any surcharge which is delinquent. Should the city initiate court action to collect amounts due, the city shall be entitled to collect reasonable costs. 14.12.400 Estimates on quantities and values. Unless otherwise provided in this chapter, whenever the fees and charges required by this chapter are based on estimated values or estimated quantities, the city engineer shall make such determinations in accordance with established estimating practices. S AC0 U N CI L10rds113 -1418 MC 14.12, Sewer. Use. Fn I. Docx > m ►— r V C7 -- Page 41 of 46 Pages -- ORIGINAL Vill. Violation — Penalty 14.12.410 Violation — Penalty. A. It is unlawful for any person to violate any provision of this chapter. Unless otherwise specified in this chapter, any violation of the provisions in this chapter shall constitute a misdemeanor. B. Any person who violates any provisions of this chapter shall be liable to the city for all direct or indirect costs of administration, monitoring, sampling, response, containment, and /or remediation incurred and shall also be liable to any person directly or indirectly injured by such violation according to law. Any person who by violating the provisions of this chapter causes in whole or in part the imposition of fines by the state, federal or other regulatory agencies against the city, shall be liable for all damages and fines imposed. The city may bring a civil action for damages before any court of competent jurisdiction. The city and any other person injured as the result of violation of any of the provisions of this chapter shall be entitled to an award of reasonable attorney's fees. C. Any person who violates any provisions of this chapter shall be liable to the city for civil penalties, to be fixed by the city in consideration of the severity of the violation and the harm caused thereby, in a sum not to exceed ten thousand dollars per violation per day. Notice of the intended imposition of such civil penalties, notice of a reasonable amount of time to correct the violation before any such penalties are imposed, and notice of the opportunity to be heard before such penalties are imposed shall be given in accordance with this chapter. D. Any person convicted of a misdemeanor for violation of the provisions of this chapter may be punished by: 1. A fine not to exceed five hundred dollars and /or thirty days imprisonment in the county jail for a first violation; 2. A fine not to exceed one thousand dollars and /or ninety days imprisonment in the county jail for a second violation; 3. A fine not to exceed two thousand five hundred dollars and /or six months imprisonment in the county jail for each additional violation within one year. E. Each day that a violation continues shall be regarded as a new and separate offense punishable as provided in subsection D of this section. SACOUNCI L\Ords 113- 141BMC14.12.Sewer.Use.Fn1. Docx -- Page 42 of 46 Pages -- �gAKF9 � r v C? ORIGINAL 14.12.411 Public nuisance. A. In addition to any other remedy provided by law or by this chapter, any violation of the provisions of this chapter, continued operation of any industrial facility in violation of this chapter, or discharge of industrial wastes contrary to the requirements of this chapter is determined and declared to be a public nuisance and may be abated by the city, according to applicable state law, or Chapter 8.80 of this code, or both. B. In addition to all other remedies available at law or equity, the city may cause proceedings to be brought for the abatement of the occupancy of the industrial facility during the period of such violation, and city may recover reasonable attorney's fees, court costs and other expenses arising in such action. 14.12.412 Notification of violation. A. Any person found to be in violation of the provisions of this chapter, an industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or wastewater requirement of the city, state, or federal government, or is found to have improperly used or maintained sewers, shall be served by the city engineer with a written notice of violation stating the nature of the violation and a reasonable time limit for the satisfactory correction thereof. The person so served shall, within the period of time stated in such notice, permanently cease all violations. B. All persons shall be held responsible for any and all damages resulting from the acts of their agents, officers or employees. Upon being notified by the city engineer of any violation of this chapter, the person or persons having responsible charge of said work or facilities shall correct the same, within the stipulated time limit, at such person's or persons' expense. C. Nothing in this section shall limit the authority of the city engineer to take any action, including emergency actions, disconnection of sewer, or any other enforcement action, without issuing a notice of violation; however, such notice of violation shall be issued as soon as possible. 14.12.413 Cease and desist orders. When the city engineer or wastewater manager finds that a discharger has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or wastewater requirement of the city, state, or federal government, or that the discharger's past violations are likely to recur, the city engineer or wastewateor�AKF 9 SACOUNCI L1Ordsl13- 141BMC14.12. Sewer.Use.Fnl. Dxx V O -- Page 43 of 46 Pages -- ORIGINAL manager may issue an order to the discharger directing the discharger to cease and desist all such violations and directing the discharger to immediately comply with all requirements and take such appropriate remedial or preventive actions as may be needed to properly address a continuing or threatened violation, including halting operations and /or terminating the discharge. 14.12.414 Injunction. Whenever a discharge of wastewater is in violation of the provisions of this chapter or otherwise causes or threatens to cause interference or pass through to the city's sewerage system, or whenever any person violates the conditions of an industrial wastewater discharge permit and /or applicable pretreatment standards, the city may petition any court of competent jurisdiction for the issuance of a temporary restraining order, preliminary or permanent injunction or any other remedy available at law or equity, as may be appropriate, in restraining or preventing the continuance of such discharge. 14.12.415 Appeals. A. Any discharger, permit applicant, or permit holder affected by any decision, action or determination by the city engineer, interpreting or implementing the provisions of this chapter, including, without limitation, the provisions of this chapter, or any industrial wastewater discharge permit issued hereunder by the city, may file with the city clerk, within ten days of the date of service of such decision, action or determination, a written notice of appeal to the city council appealing such decision, action or determination by the city engineer. The notice of appeal shall set forth in detail all relevant facts supporting the industrial user's appeal of the decision of the city engineer. The filing of the notice of appeal shall stay further action required under any notice of violation or cease and desist orders and accumulation of interest upon penalties thereon, pending final decision by the city council on the appeal; provided, however, that nothing stated in this section shall limit the authority of the city engineer to take such action or to make such directives as the city engineer deems necessary to stop or prevent an ongoing or threatened violation of any of the provisions of this chapter including, actions or directives to prevent or stop: 1. threatened damage to the POTW, the sewer or the waste water treatment plant; 2. a pass through; or SACOUNCI L10rds113- 141BMC14.12.Sewer. Use.Fnl. Dom -- Page 44 of 46 Pages -- o�OPK��`fT > m I— r J � ORIGINAL 3. threatened harm to the health or safety of the public. Such action shall include, without limitation, continuing to physically block the industrial user's access to the sewer until the appeal is heard and decided by the city council. B. Upon an appeal brought to the city council by the written notice of appeal, the city council shall set the matter for hearing and after said hearing may affirm, overrule or modify the decision, action or determination of the city engineer which is the subject of the appeal. The city council shall have the further authority to condition any penalties imposed or the corrective action required or to reduce or increase the penalties imposed by the city engineer. Failure of the industrial user to comply with the city council's decision or to make arrangements for compliance satisfactory to the city engineer within ten days of the date of the city council's decision shall result in the termination of the industrial user's right to discharge into the sewer. If the industrial user is discharging pursuant to an industrial wastewater discharge permit, such inaction shall result in the termination of the industrial user's permit. The city engineer shall thereupon order physical termination of the service forthwith which service shall not be resumed until the industrial user fully complies with the city council's decision. C. Appeal decisions made by the city council shall be final for all administrative purposes and, except as to civil penalty imposed according to the procedure provided by this chapter, shall be subject to review under the provisions of the Code of Civil Procedure Section 1085 (with respect to decisions not requiring an evidentiary hearing) or Code of Civil Procedure Sections 1094.5- 1094.6 (with respect to decisions made after an evidentiary hearing). All judicial review shall be based on abuse of legal discretion /substantial evidence standard. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. SACOUNCI L10rds113- 141BMC14.12.Sewer. Useld. Dom -- Page 45 of 46 Pages -- 0PKF9 O S� > rn � r- 'v ORIGINAL HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on Nov 0 R 2013 by the following vote: ✓ ✓ ✓ ✓ // ,,// COUNCILMEMBER: RIVERA, MAXWELL, SMITH, HANSON, SULLKAN, JOFINSON NOES: COUNCILMEMBER: aw4 ABST COUNCILMEMBER: BSE COUNCILMEMBER: \t tAir ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: NOV 0 6 2013 Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney B . �/- - OSHUA H. RUDNICK Deputy City Attorney S:\CO U N CI L \Ords \13- 14 \BMC 14.12. Sewer. Use. Fni. Docx -- Page 46 of 46 Pages -- �- M F— r v � ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 8th day of November, 2013 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4740, passed by the Bakersfield City Council at a meeting held on the 6th day of November. 2013 and entitled: ORDINANCE AMENDING CHAPTER 14.12 OF TITLE 14 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SEWERS. ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield SADOCUMENIIFORMSWOP.ORD.wpd O��RKF9s -� v v ORIGINAL