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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~' ~ ~"~'~;~ ......