HomeMy WebLinkAboutORD NO 2442ORDINANCE NO. 2442 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING THE BAKERSFIELD MUNICIPAL
CODE BY REPEALING CHAPTER 8.64 AND SUBSTITUTING
IN LIEU THEREOF A NEW CHAPTER 8.64, REGULATING
SEWER CONSTRUCTION, SEWER USE AND INDUSTRIAL
WASTEWATER DISCHARGES.
BE IT ORDAINED by the Council of
as follows:
That
the City of Bakersfield
SECTION 1.
the Bakersfield Municipal Code is hereby amended by
repealing Chapter 8.64 of Title 8, and substituting in lieu thereof
a new Chapter 8.64, to read as follows:
Chapter 8.64
SEWERS--CONSTRUCTION, USE AND DISCHARGES
Sections:
8.64.010
8.64.020
8.64.030
8.64.040
8.64.050
8.64.060
8.64.070
8.64.080
8.64.090
8.64. 100
8.64.110
8.64.120
8.64.130
8.64.140
8.64.150
8.64.160
8.64.170
8.64.180
8.64.190
8.64.200
8.64.210
8.64.220
8.64.230
8.64.240
8.64.250
8.64.260
Purpose
Scope
Liquid Waste Disposal Policy
Superseding Previous Regulations--Savings Clause
Definitions
Approval of Plans For Sewerage Construction
Permit For Sewer Connection
Inspection of Construction
Plan Approvals and Permits Not Transferable
Discharge of Rainwater or Uncontaminated Water
Prohibited
Improper Use of Connected Sewers
Excessive Sewer Maintenance Expense
Permit For Industrial Wastewater Discharge
Procedure For Obtaining City Permit For Industrial
Wastewater Discharge
Change of Industrial Wastewater Permit Restrictions
Suspension of Permit For Industrial Wastewater
Discharge
Revocation of Permit For Industrial Wastewater
Discharge
Prohibited Waste Discharges
Hospital Wastes
Availability of City's Facilities
Pretreatment of Industrial Wastewaters
Control Manhole and Separation of Domestic and
Industrial Wastewaters
Industrial Wastewater Sampling, Analysis and Flow
Measurements
Discrepancies Between Actual and Reported Industrial
Wastewater Discharge Quantities
Industry Classifications
Damage Caused by Prohibited Wastewater Discharge
8.64°
8.64.
8.64.
8.64.
8.64.
8.64.
8.64.
8.64.
8.64.
8.64
8.64.
8.64. 380
8.64.390
8.64.400
8.64.410
8.64.420
8.64.430
270 Trucker's Discharge Permit
280 Trade Secrets
290 Administration
300 Penalty For Violation
310 Civil Liability
320 Severability
330 Notice
340 Time Limits
350 Inspectors
.360 Amendment of Chapter
370 Recording of Fees and Charges
Estimated ~uantities and Values .
Approval of Plans, Issuance of Permits and
Certification of Final Inspection
Reconsideration and Appeal Procedures
User Charges and Fees
Payment of Charges and Delinquent Charges
Existing Industrial Wastewater Dischargers
8.64.010 Purpose. The purpose of this Chapter is to provide
for the nmximum 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 regu-
latory agencies.
8.64.020 Scope. This Chapter shall be interpreted in accord-
ance with the definitions set forth in Section 8.64.050.
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 regula-
tion 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 equit-
able distribution of costs, the approval of plans for sewer con-
struction, the issuance of Permits for Industrial Wastewater Dis-
charge and of other miscellaneous permits and the establishment of
penalties for violation of this Chapter.
8.64.030 Liquid Waste Disposal Policy. Generally liquid wastes
originating with 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) interfere with wastewater treatment processes, (6)
exceed quality requirements set by regulatory government agencies,
or (7) detrimentally affect the local environment.
The highest and best use of the City's sewerage systems
is the conveyance, treatment and disposal of domestic wastewater.
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 wastewater discharges. This Chapter
establishes quantity and quality limitations on industrial waste-
water 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.
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.
8.64.040 Superseding Previous Regulations--Savings Clause.
Neither the adoption of this chapter nor the repeal hereby of any
chapter of the Municipal Code shall in any manner affect the prose-
cution or recovery of civil damages or costs, for violation of
regulations which violations were committed prior to the effective
date hereof, nor be construed as affecting any of the provisions of
such regulations relating to the issuance of permits for discharge of
industrial wastes, nor affect the validity of any bond issued there-
under.
8.64.050 Definitions. The definitions given in this part 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.
(1) '~d valorem tax" shall mean the tax levied on the
assessed value of property within the City.
(2) "Assessed value" shall mean that portion of the
total assessed value of the property upon which City taxes are
levied.
(3) "BOD" or "biochemical oxygen demand" shall mean the
measure of decomposable organic material in domestic or industrial
wastewaters as represented by the oxygen utilized over a period of
5 days at 20°C and as determined by the appropriate procedure in
"Standard Methods."
(4) "Chlorine demand" shall mean the difference between
the amount of chlorine added to a wastewater sample and the amount
remaining at the end of a 30-minute period as determined by the
procedures given in "Standard Methods."
(5) "City" shall mean the City of Bakersfield.
(6) "City Engineer" shall mean the City Engineer of the
City of Bakersfield.
(7) "COD" or "chemical oxygen demand" shall mean 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."
(8) "Discharger" shall mean any person that discharges or
causes a discharge to a public sewer.
(9) "Dissolved solids" or "dissolved matter" shall mean
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."
(10) "Domestic wastewaterj' shall mean the water-carried
wastes produced from noncommercial or nonindustrial activities and
which result from normal human living processes.
(11) "Effluent" shall mean the liquid outflow of any
facility designed to treat, convey or retain wastewater.
(12) "Formula" shall mean the Industrial Wastewater Treat-
ment Surcharge Formula as set forth in Section 409.
(13) "House connection" shall mean the sewer connecting
the building sewer or building waste drainage system to the public
sewer for the purpose of conveying domestic wastewater.
(14) "Industrial connection sewer" shall mean the sewer
connecting the building sewer or building waste drainage system to
the public sewer for the purpose of conveying industrial wastewater.
(15) "Industrial wastewater" shall mean all water carried
wastes and wastewater of the community excluding domestic wastewater
and uncontaminated water, and shall include all wastewater from any
producing, manufacturing, processing, institutional, coLm~ercial,
agricultural, or other operation where the wastewater discharged
includes significant quantities of wastes of nonhuman origin.
(16) "Inspector" shall mean a person authorized by the
Chief Engineer to inspect wastewater generation, conveyance, pro-
cessing and disposal facilities.
(17) "Gravity separation interceptor" shall mean any facil-
ity 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.
(18) "Lateral sewer," "collecting sewer" or "main line
sewer" shall mean the public sewer usually 8 inches or larger in
diameter and used to collect wastewater from house connection and
industrial connection sewers and transport it to trunk sewers.
o
(19) "Local sewering agency" shall mean the City or County
or other public agency legally authorized to construct, maintain
and operate a system of lateral or collecting sewers.
(20) "Peak flow rate" shall mean the average rate at which
wastewater is discharged to a public sewer during the highest 30-
minute flow period in the preceding 12 months.
(21) "Person" shall mean any individual, partnership,
con~nittee, association, corporation, public agency, and any other
organization or group of persons, public or private.
(22) "Public Corporation" shall mean 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.
(23) "Public sewer" shall mean any sewer dedicated to public
use and whose use is controlled by a public corporation.
(24) "Radioactive material" shall mean material containing
chemical elements that spontaneously change their atomic structure
by omitting any particles, rays or energy forms.
(25) "Section" shall mean a section of this Chapter.
(26) "Sewage" shall mean wastewater.
(27) "Sewage pumping plant" shall mean any facility
designed and constructed to raise wastewater in elevation or to
overcome head losses due to pipeline friction.
(28) "Sewerage" shall mean any and all facilities used
for collecting, conveying, pumping, treating and disposing of waste-
water.
(29) "Sewerage system" shall mean a network of wastewater
collection, conveyance, treatment and disposal facilities intercon-
nected by sewers, and owned or controlled by the City.
(30) "Shall" is mandatory and 'may" is permissive.
(31) "Solid wastes" shall mean the nonliquid-carried wastes
normally considered to be suitable for disposal with refuse at sanitary
landfill refuse disposal sites.
(32) "Standard Methods" shall mean the current edition of
Standard Methods for the Examination of Water and Wastewater as
published by the American Public Health Association.
(33) "Suspended solidst' or "suspended matter" shall mean
the insoluble solid matter suspended in wastewater that is separable
by laboratory filtration in accordance with the procedure described
in "Standard Methods."
(34) "Trade secrets" shall include 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
cormmercial concern who are using it to fabricate, produce, or com-
pound 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.
(35) "Trunk sewer" shall mean a sewer constructed, main-
tained and operated by the City that conveys wastewater to City's
treatment facilities and into which lateral and collecting sewers
discharge.
(36) "Uncontaminated water" shall mean any wasted water
of the cormnunity not contaminated or polluted with wastewater and
which is suitable or could readily be made suitable for discharge
to the municipal storm water drainage system.
(37) '~ser" shall mean discharger, see Section (8).
(38) 'Wastewater" shall mean the water carried wastes of
the community derived from human or industrial sources including
domestic wastewater and industrial wastewater. Rainwater, ground-
water or drainage of uncontaminated water is not wastewater.
8.64.060 Approval of Plans For Sewerage Construction. No per-
son, 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, laterall
connection or industrial connection sewer over 6 inches
sewage pumping plant, pollution control plant, or other
sewer, house
in diameter,
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.
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 of California.
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.
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.
An approval of plans for sewerage construction shall expire
one year after date of approval unless construction has been
initiated.
8.64.070
connect to a
Permit For Sewer Connection. Any person desiring to
sewer of the City shall obtain a sewer permit.
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.
Direct attachment of a sewer six inches or smaller in dia-
meter to a City sewer will be made by the City's work force but only
after the connection permit and wastewater discharge permit, if
required, are obtained and all required fees are paid by the appli-
cant.
8.64.080 Inspection of Construction. All sewers to be attached
directly to a trunk sewer shall be inspected by personnel of the City
during construction. At least 48 hours prior to cutting into the
City's sewer, the City shall be notified. In making a connection
to a trunk sewer, no physical alteration of the City's facilities
shall commence until an inspector is present.
8.64.090 Plan Approvals and Permits Not Transferable. Approval
of plans for sewerage construction and sewer permits are not trans-
ferable from one person to another person or from one location to
another location.
8.64.100 Discharge of Rainwater or Uncontaminated Water Prohibited.
No person shall discharge or cause to be discharged any rainwater,
stormwater, groundwater, street drainage, subsurface drainage, yard
drainage, water from yard fountains, ponds or lawn sprays or any
other uncontaminated water into any sewerage facility which directly
or indirectly discharges to facilities owned by the City.
8.64.110 Improper Use of Connected Sewers. The City hereby re-
serves 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 goundwater, 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 the condition be corrected.
In cases of continued noncompliance with the City's directive,
the City may disconnect the offending sewer from the City's sewerage
system.
8.64.120 Excessive Sewer Maintenance Expense. 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.
Any refusal to pay excessive maintenance expenses duly
authorized by the City Engineer shall constitute a violation of this
Chapter.
8.64.130 Permit For Industrial Wastewater Discharge. No person
shall discharge or cause to be discharged any industrial wastewaters
directly or indirectly to sewerage facilities owned by the City with-
out first obtaining a City Permit for Industrial Wastewater Discharge.
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, pro-
hibition 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 dis-
charge and such other conditions as may be required to effectuate
the purpose of this Chapter.
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 should apply to the City for an amended permit.
8.64.140 Procedure For Obtaining a City Permit For Industrial
Wastewater Discharge. Applicants for a Permit for Industrial Waste-
water 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.
10.
When properly signed, the application form shall con-
stitute a valid Permit for Industrial Wastewater Discharge.
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.
8.64.150 Change of Industrial Wastewater Permit Restrictions.
The City may change the restrictions or conditions of a Permit for
Industrial Wastewater Discharge from time to time as circumstances
may require. 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.
8.64.160 Suspension of Permit For Industrial Wastewater Discharge.
The City Engineer may suspend a Permit for Industrial Wastewater
Discharge for a period of not to exceed 45 days when such suspension
is necessary in order to stop a discharge which presents an imminent
hazard to the public health, safety or welfare, to the local
environment or to the City's sewerage system.
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 shall take such steps as are
reasonably necessary to insure compliance.
Any suspended discharger may file with the City Engineer
a request for a hearing in which event the City Council shall hold
a hearing on the suspension and shall either confirm or revoke the
action of the City Engineer. Reasonable notice of the hearing shall
be given to the suspended discharger in the manner provided for in
Section 8.64.330. At this hearing the suspended discharger may
appear personally or through counsel and present evidence in his
own behalf.
The City Engineer shall reinstate the Industrial Waste-
water Permit upon proof of satisfactory compliance with all
discharge requirements of the City.
11.
8.64.170 Revocation of Permit For Industrial Wastewater Discharge.
The City Council may revoke a Permit for Industrial Wastewater
Discharge upon a finding that the discharger has violated any
provision of this Chapter. No revocation shall be ordered until
a hearing on the question has been held by the City Council. At
this hearing, the discharger may appear personally or through
counsel, and present evidence in his own behalf. Notice of the
hearing shall be given to the discharger in accordance with
Section 8.64.330 at least fifteen days prior to the date of hearing.
Any discharger whose Industrial Wastewater Permit has
been revoked shall immediately stop all discharge of any liquid-
carried wastes covered by the permit to any public sewer that is
tributary to a sewer or sewerage system of the City. The City
Engineer may disconnect or permanently block from such public sewer
the industrial connection sewer of any discharger whose permit has
been revoked if such action is necessary to insure compliance with
the order of revocation.
Before any further discharge of industrial wastewater
may be made by the discharger, he must apply for a new City Permit
for Industrial Wastewater Discharge, pay all charges that would be
required upon initial application together with all delinquent
fees, charges and penalties and such other sums as the discharger
may owe to the City. Costs incurred by the City in revoking the
permit and disconnecting the industrial connection sewer shall be
paid for by the discharger before issuance of a new Permit for
Industrial Wastewater Discharge.
8.64.180 Prohibited Waste Discharges. 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
12.
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 tome.
Except as provided in Section 8.64.190, no person shall
discharge or cause to be discharged to a public sewer, which
directly or indirectly connects to the Cityfs sewerage systems, the
following wastes:
(1) Any gasoline, benzene, naphtha, solvent, fuel oil
or any liquid, solid or gas that would cause or tend to cause
flammable or explosive conditions to result in the sewerage system.
(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 lower than 6.0 or having any
corrosive or detrimental characteristic that may cause injury to
wastewater treatment or maintenance personnel or may cause damage
equipment or other physical facilities of the sewer-
to structures,
age system.
(4)
Any solids or viscous substances of such size or in
such quantity that they may cause obstruction to flow i'n 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.
13.
(5)
drainage, subsurface
from yard fountains,
water.
Any rainwater, stormwater, groundwater, street
drainage, roof drainage, yard drainage, water
ponds or lawn sprays or any other uncontaminated
(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 dis-
solved solids.
(12) Any wastes with excessively high BOD, COD or decompos-
able organic content.
Any strongly odorous waste or waste tending to create
(13)
odors.
Any wastes containing over 0.1 milligram/liter of
dissolved sulfides.
(15) Any wastes with a pH high enough to cause alkaline
incrustations on sewer walls.
Any substance promoting or causing the promotion of
Any waste having a temperature of 150°F or higher.
Any wastes requiring an excessive quantity of chlorine
or other chemical compound used for disinfection purposes.
(i6)
toxic gases.
(17)
(18)
14.
(19) Any excessive amounts of chlorinated hydrocarbon or
organic phosphorus type compounds.
(20) Any excessive amounts of deionized water, steam con-
densate or distilled water.
(21) Any waste containing substances that may precipitate,
solidify or become viscous at temperatures between 50°F and 100°F.
(22) Any garbage or waste that is not ground sufficiently
to pass through a 3/8-inch screen.
(23) Any wastes containing excessive quantities of iron,
boron, chromium, phenols, plastic resins, copper, nickel, zinc,
lead, mercury, cadmium, selenium, arsenic or any other objection-
able materials toxic to humans, animals, the local environment or to
biological or other wastewater treatment processes.
(24) Any blow-down or bleed water from cooling towers or
other evaporative coolers exceeding one-third of the makeup water.
(25) Any single pass cooling water.
(26) Any excessive quantities of radioactive material wastes.
(27) Recognizable portions of the human anatomy.
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, if in the opinion of the City Engineer
such wastes may have an adverse or harmful effect on sewers, main-
tenance personnel, wastewater treatment plant personnel or equip-
ment, 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 mature of the
waste and the adequacy and nature of the collection, treatment and
disposal system available to accept the waste.
The City Engineer shall from time to time prepare a list of
the maximum permissible quantities or concentrations of certain
15.
constituents in industrial wastewater flows and otherwise issue
detailed directions for meeting the requirements of this section.
8.64.190 Hospital Wastes. Hospitals, clinics, offices of medical
doctors and convalescent homes:
A. 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 3/8-
inch opening, wastes of the following categories:
(1) Wet organic kitchen wastes from food preparation and
disposal but excluding all paper and plastic items.
(2) Disposable hypodermic needles, syringes and associated
articles following their use.
(3) Infectious wastes, defined as:
(a) Laboratory and surgical operating room wastes
except as excluded in B (2) below.
(b) Wastes from outpatient areas and emergency
rooms similar to those included in (a) above.
(c) 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.
B. Shall not discharge to the sewer by any means:
(1) Solid wastes generated in the rooms of patients who
are not isolated because of a suspected or diagnosed communicable
disease.
(2) Recognizable portions of the human anatomy.
(3) Wastes excluded by other provisions of this Chapter
except as specifically permitted in A above.
(4) All solid wastes not included in A above.
16.
Nothing in this Section shall be construed to limit the
authority of the Health Officer of Kern County to define wastes as
being infectious and, with the concurrence of the City Engineer,
to require that they be discharged to the sewer.
8.64.200 Availability of City's Facilities. If sewerage capacity
is not available, the City may require the industrial wastewater dis-
charger to restrict his discharge until sufficient capacity can be
made available. When requested, the City will advise persons desir-
ing to locate new facilities as to the areas where industrial waste-
water of their proposed quantity and quality can be received by
available sewerage facilities. 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.
8.64.210 Pretreatment of Industrial Wastewaters. 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 waste-
waters 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 of meeting any industrial effluent
limitation required by the City. 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 pre-
treatment 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 of California.
Normally a gravity separation interceptor, equalizing tank,
neutralization chamber and control manhole will be required respectively
17.
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 and to facilitate inspection, flow
measurement and sampling.
8.64.220 Control Manhole and Separation of Domestic and
Industrial Wastewaters. A control manhole of a design approved by
the City Engineer shall be furnished and installed by certain desig-
nated industrial wastewater dischargers to facilitate inspection,
sampling and flow measurements by personnel of the City. This con-
trol manhole shall be located off the industrial premise or if
within the plant fence, a special locked gate adjacent to the man-
hole and at a location approved by the City shall be provided, with
keys to the gate lock given to the City. Unrestricted access to
this control manhole shall be available to authorized personnel of
the City at all times. The control manhole may be used as a junction
manhole for domestic sewage and industrial wastes provided the junc-
tion occurs downstream of the sampling or flow measuring point.
8.64.230 Industrial Wastewater Sampling, Analysis and Flow
Measurements. Periodic measurements of flow rates, flow volumes,
COD and suspended solids for use in determining the annual industrial
wastewater treatment surcharge and such measurements of other con-
stituents 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 indus-
trial discharger approved by the City Engineer or by personnel of the
City. Prior to submittal to the City of data developed in the labora-
tory of an industrial discharger, the results shall be verified by
a responsible administrative official of the industrial discharger
under the penalty of perjury.
18.
All wastewater analyses shall be conducted in accordance
with the appropriate procedure contained in "Standard Methods." If
no appropriate procedure is contained therein, the standard procedure
of the industry or a procedure judged satisfactory by the City
Engineer shall be used to measure wastewater constituents. Any
independent laboratory or discharger performing tests shall furnish
any required test data or information on the test methods or equip-
ment used, if requested to do so by the City Engineer.
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
and average flow rates for the specific
charge.
factors to determine peak
industrial wastewater dis-
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.
Those industrial wastewater dischargers required by the
City Engineer to make periodic measurements of industrial waste-
water flows and constituents shall annually make the minimum number
of such measurements required. The minimum requirement for such
periodic measurements shall be at least one 24-hour measurement per
year. Representative samples of the industrial wastewater shall be
obtained at least once per hour over the 24-hour period, properly
refrigerated, composited according to measured flow rates during
the 24 hours and analyzed for the specified wastewater constituents.
Dischargers required to sample on only a few days per year shall
19.
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 con-
tinuous 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.
Measurements to verify the quantities of waste flows and
waste constituents reported by industrial dischargers will be con-
ducted on a random basis by personnel of the City.
8.64.240 Discrepancies Between Actual and Reported Industrial
Wastewater Discharge Quantities. Should measurements or other in-
vestigations reveal that the industrial discharger is discharging
a flow rate, or a quantity of flow, chemical oxygen demand or sus-
pended 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 8.64.420. Before these charges shall be assessed at
least two additional 24-hour samples and flow measurements shall be
obtained by the Districts with all costs of sampling and analyses to
be paid by the discharger.
For the purpose of establishing the correct treatment sur-
charge, the data obtained in these samplings along with any other
relevant information obtained by the City or presented by the dis-
charger, 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
20.
values over the preceding three years or subsequent to the previous
City verification of quantity parameters, whichever period is shorter.
8.64.250 Industry Classifications. 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.
8.64.260 Damage Caused by Prohibited Wastewater Discharge. Any
industrial wastewater discharger who discharges or causes the dis-
charge of prohibited wastewaters which cause damage to City's facil-
ities, 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.
8.64.270 Trucker's Discharge Permit. All persons owning vacuum
or "cesspool" pump trucks or other liquid waste transport trucks and
desiring to discharge septic tank, seepage pit, interceptor or cess-
pool contents, industrial liquid wastes or other liquid wastes to
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 govern-
ing discharge to sewers of liquid wastes from trucks and shall agree,
in writing, to abide by these regulations.
Discharge of septic tank, seepage pit, interdeptor 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 Districts may require payment for treat-
ment and disposal costs or may refuse permission to discharge certain
prohibited wastes.
21.
The Trucker's Discharge Permit shall be valid for one
year from date of issuance.
Any person negligently or willfully violating the City's
requirements for liquid waste discharges from trucks shall be in
violation of this ordinance and may have his permit revoked by the
City Engineer.
8.64.280 Trade Secrets. 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. 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 ordinance.
8.64.290 Administration. Except as otherwise provided herein,
the City Engineer shall administer, implement and enforce the pro-
visions of this ordinance. Any powers granted to or duties imposed
upon the City Engineer may be delegated by the City Engineer to per-
sons acting in the beneficial interest of or in the employ of the
City.
8.64.300 Penalty For Violation. Every person violating any pro-
vision of this ordinance, including the failure to pay any fees,
charges or surcharges imposed hereby, or any condition or limitation
of a permit or plan approval issued pursuant thereto, is guilty of
a misdemeanor, and upon conviction is punishable by a fine of not
to exceed one hundred dollars ($100), imprisonment not to exceed
30 days, or both.
Each day during which any violation continues shall con-
stitute a separate offense punishable as provided above.
8.64.310 Civil Liability. Any person, who intentionally or
negligently violates any provision of this ordinance pertaining to
the subject matter of either subparagraphs (A) or (B) below or any
condition or limitation of a permit or plan approval related thereto
22.
shall be civilly liable to the City in a sum of not to exceed
six thousand dollars ($6,000) for each day in which such violation
occurs.
(A) The pretreatment of any industrial wastewater which would
otherwise be detrimental to the treatment works or its proper and
efficient operation and maintenance.
(B) The prevention of the entry of such wastewater into the
collecting system and treatment works.
In the event of such violation, City shall, upon authoriza-
tion of its City Council, petition the superior court to impose,
assess and recover such sums.
8.64.320 Severability. If any provision of this ordinance or
the application thereof to any person or circumstance is held invalid,
the remainder of the ordinance and the application of such provisions
to other persons or circumstances shall not be affected thereby.
8.64.330 Notice. The City Engineer shall notify any person
found to be in violation of this ordinance or of any limitation or
requirement of a permit issued hereunder before the City Engineer
takes any action to implement Sections 8.64.170, 8.64.300 and 8.64.310
of this ordinance and the City Engineer shall take no such action
until the elapse of 10 days from the date notice is given.
Unless otherwise provided herein, any notice required to
be given by the City Engineer under this ordinance shall be in writing
and served in person or by registered or certified mail. If served
by mail, the notice shall be sent to the last address known to the
City Engineer. Where the address is unknown, service may be made
upon the owner of record of the property involved.
''Notice shall be deemed to have been given at the time of
deposit, postage prepaid, in a facility regularly serviced by the
United States Postal Service.
8.64.340 Time Limits. Any time limit provided in any written
notice or in any provision of this ordinance may be extended only
by a written directive of the City Engineer.
23.
8.64.350 Inspectors. 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.
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; sew-
age pumping plants; pollution control plants; all industrial pro-
cesses; industrial wastewater generation, conveyance and pretreat-
ment facilities, devices and connection sewers; and all similar sewer-
age facilities. Inspections may be made to determine that such
facilities are maintained and operated properly and are adequate to
meet the provisions of this ordinance.
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.
No person shall 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.
8.64.360 Amendment of Chapter. At least 30 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. The
notice shall contain a brief description of the nature of the amend-
ment to be considered and the time and place when formal action will
be taken.
24.
8.64.370 Recording of Fees and Charges. The City Engineer shall
keep a permanent and accurate account of all fees and charges received
under this ordinance, 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.
8.64.380 Estimated Quantities and Values. Unless otherwise provided
herein, whenever the fees and charges required by this ordinance are
based on estimated values or estimated quantities, the City Engineer
shall make such determinations in accordance with established esti-
mating practices.
8.64.390 Approval of Plans, Issuance of Permits and Certification
of Final Inspection. The City Engineer will approve plans for sewer-
age construction, issue a Permit for Industrial Wastewater Discharge
or any other permit under this ordinance 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 ordinance.
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.
All required fees and charges shall be paid be paid before
approval of plans or issuance of a permit or an inspection certificate.
The approval of plans or the issuance of a permit shall
not relieve the discharger of any duty imposed upon him pursuant
to this ordinance.
8.64.400 Reconsideration and Appeal Procedures. Any permit
applicant, permit holder, authorized industrial wastewater discharger
or other discharger adversely affected by any decision, action or
determination made by or on behalf of the City in interpreting or
implementing the provisions of this ordinance or any permit issued
hereto, may file with the City a written request for reconsideration.
25.
Such request shall be acted upon by
from the date of filing.
If the ruling made by the
the City Engineer within 45 days
City Engineer is unsatisfactory
to the person requesting reconsideration, the person may make a
written appeal to the City Council within 45 days after notice of
the action taken by the City Engineer.
The written appeal shall state all the pertinent aspects
of the matter, and shall be accompanied by a fee of Two Hundred
Dollars ($200.00) which shall be refunded if the appeal is sustained.
Within 45 days after the written appeal is received, the City Council
shall hold a hearing on this matter. At this hearing, the discharger
may appear personally or through counsel, cross-examine witnesses,
and present evidence in his own behalf. Notice of the hearing shall
be given in accordance with Section 8.64.330 at least 15 days prior
to the date of hearing. Within 45 days after the hearing is closed,
said City shall make a final ruling on the appeal.
8.64.410 User Charges and Fees. The City Council, by Resolution,
shall annually establish fees and charges for sewage services
provided by the City, based upon cost influencing factors such as
flow and pollutant mass emission rates and volumes, and the degree
of effort required for purposes
and administration.
8.64.420 Payment of Charges
of billing, inspection, monitoring
and Delinquent Charges. All fees
and charges imposed under the provisions of this ordinance are due
and payable upon receipt of the notice of charges. Unpaid charges
shall become delinquent 45 days after mailing or delivering the
notice of charges. A basic penalty charge of 10 per cent of the
unpaid amount shall be added to any fee or charge that becomes
delinquent. Interest at the rate of one-half (1/2) per cent per
month shall accrue on the total of all delinquent charges plus all
penalty charges.
8.64.430 Existing Industrial Wastewater Dischargers. All
persons discharging industrial wastewater directly or indirectly
to the City's sewerage systems prior to the effective date of this
ordinance and who have obtained a permit or approval of industrial
26.
wastewater discharge from the local sewering agency or from the
City are hereby granted a temporary permit to discharge industrial
wastewaterso 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 this
ordinance, whichever should first occur. Prior to the expiration
of the temporary permit, the industrial wastewater discharger shall
apply for and obtain a "Permit for Industrial Wastewater Discharge."
27.
I 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 the 20th day of September , 197 , by
the following vote:
~' the
CITY ~E~RK' n~~zcio Clerk of
Council of the City of Bakersfield
APPROVED this 20~h ~y yf~Seotember,
MAY ~/~/f~t~y oi Bakersfield
197
APPROVED as to form:
CITY ATTORNEY~oE 'the,~ity oi Bakersfield
of j os ng r uan es
STATE OF CALIFORNIA, t
County of Kern ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that oa September 21 19._.7...~. he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on Sept ember 20 , 78
....................................................................................... 19 ............which ordinance
was numbered. ....... ~.~.~.~ ................New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD AMENDING THE BAKERSFIELD
MUNICIPAL CODE BY REPEALING CHAPTER 8.64
AND SUBSTITUTING IN LIEU THEREOF A NEW
CHAPTER 8.64, REGULATING SEWER CONSTRUCTION,
SEWER USE AND INDUSTRIAL WASTEWATER DIS-
CHARGES.
Subscribed and sworn to before me this
.3.3.~..~1..... day of __..~j~:~.~p~.~c. ...................,19....~.~.
...... ~';~'~";~'~J~' ~"~; t~' '~t;"~f ~r~' ~ ~"~'~;~ ......