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.
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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.
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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.
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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.
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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.
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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:
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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
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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
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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.
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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
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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:
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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
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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.
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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.
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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�
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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.
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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.
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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;
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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;
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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
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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
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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.
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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;
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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.
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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�
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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�
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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
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