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ORDINANCE No. 1633
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING CHAPTER 15.10 REGARDING SANITARY SEWER USE
REGULATIONS
The CITY
COUNCIL of the CITY
OF BURLINGAME
does hereby ordain as
follows:
Section 1.
The sanitary sewer use
regulations are key
elements to protecting
the public
health and safety, in particular San Francisco Bay and the City's creeks and waterways. In addition,
Federal and State law and accompanying permits require the City to enforce certain standards and
controls over access and use of the sanitary sewer system. This ordinance is intended to update the
regulations and to bring them into conformance with current laws and practice.
Section 2. Chapter 15.10 is amended to read as follows:
Chapter 15.10
SANTTARY SEWER USE REGULATIONS
Section
15.10.005
Purpose and policy
Section
15.10.007
Conflicts with other provisions.
Section
15.10.010
Violation unlawful.
Section
15.10.015
Definitions.
Section
15.10.017
Abbreviations.
Section
15.10.020
Sewer required.
Section
15.10.021
Occupancy prohibited.
Section
15.10.025
Construction Permit Required.
Section
15.10.028
Construction requirements.
Section
15.10.030
Inspection.
Section
15.10.032
Maintenance of lateral sewers.
Section
15.10.034
Limitation on point of discharge.
Section
15.10.036
Prohibited activities.
Section
15.10.038
Generally prohibited wastes.
Section
15.10.040
Specifically prohibited wastes.
Section
15.10.042
Prohibition on trucked and hauled wastes.
Section
15.10.044
Prohibition on garbage.
Section
15.10.046
Prohibition on use of diluting waters.
Section
15.10.048
Suspended solids; Dissolved matter.
Section
15.10.050
Limitations on wastewater strength.
Section
15.10.052
Limitation on other pollutants.
Section
15.10.054
Holding Tank Wastes.
Section
15.10.056
Storm waters, surface water, groundwater.
Section
15.10.058
Medical wastes.
Section
15.10.060
Quantity of wastes.
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Section 15.10.062
Section 15.10.064
Section 15.10.066
Section 15.10.068
Section 15.10.070
Section 15.10.072
Section 15.10.074
Section 15.10.076
Section 15.10.078
Section 15.10.080
Section 15.10.082
Section 15.10.084
Section 15.10.088
Section 15.10.090
Section 15.10.092
Section 15.10.094
Section 15.10.096
Section 15.10.098
Section 15.10.100
Section 15.10.102
Section 15.10.104
Section 15.10.106
Section 15.10.108
Section 15. 10.110
Section 15.10.112
Section 15.10.114
Section 15.10.114
Section 15.10.116
Section 15.10.118
Section 15.10.120
Section 15.10.122
Section 15.10.124
Section 15.10.126
Section 15.10.128
Section 15.10.005
Protection from accidental discharges.
Pretreatment of industrial waste.
Interceptorsrequired.
Screened industrial wastes.
Wastewater discharge permit required.
Permit Application.
Determination on permit application.
Permit denial.
Non -transferability.
Permit amendment.
New sources.
Compliance schedules.
Revocation, suspension, or modification of permit.
Appeal of decision of director.
Pubhc access and confidentiality of information.
Reporting requirements.
Water conservation.
Monitoring.
Self-monitoring.
Inspection and sampling.
Charges and fees.
Accidental discharges.
Employee training and notice.
Disposal of unacceptable waste.
Protection of streams and watercourses.
Illegal sewer uses.
Agreements in exceptional cases.
Civil penalties.
Show cause hearing.
Abatement.
Correction of violation and emergency action.
Injunction.
Falsifying information or tampering with processes.
Compliance with federal pretreatment regulations.
Purpose and policy.
These sanitary sewer use rules and regulations are intended to do the following:
(a) Set uniform requirements for discharges into the wastewater collection and treatment
system and enable the city to comply with the administrative provisions of the clean water grant
regulations, the water quality requirements set by the applicable effluent limitations, national
standards of performance, toxic and pretreatment effluent standards and all other discharge criteria
which are required or authorized by state or federal law, and to derive the maximum public benefit
by regulating the quality and quantity of wastewater discharged into the city of Burlingame's sewer
system.
(b) Provide for and regulate the disposal of sanitary sewage into the sanitary sewer system
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of the city in such a manner and to such an extent as is reasonably necessary to sustain the ability
of the sanitary sewer system to handle and dispose of sanitary sewage.
(c) Provide for and regulate the disposal of industrial wastes into the sanitary sewer system
of the city in such a manner and to such an extent as maybe reasonably necessary to maintain and
increase the ability of such system to handle and dispose of industrial waste without decreasing the
abilitIV of said system to handle and dispose of all sanitary sewage.
(d) Prevent the introduction of pollutants into the sanitary sewer system
which will pass through the treatment works of the city and cooperating agencies or otherwise be
incompatible with such works or interfere with the ability of the works to treat, discharge and
recycle wastewater, or to use or dispose of bio -solids.
(e) Improve opportunities to recycle and reclaim treated effluent and wastewater sludge.
(f) Protect the physical structures of the sanitary sewer system and the efficient functioning
of its component parts.
(g) Protect the city, its citizens, and the personnel working in the sanitary sewage system
facilities.
(h) Preserve and protect the health, safety and property of the public.
(i)
the setting of charges and fees and the issuance of permits to cert
Protect
the environmental health
of San Francisco Bay.
(j)
Provide
a means for determining
wastewater volumes, constituents and characteristics,
ain users.
(k) Derive revenues to be used to defray the city's cost of operating and maintaining
adequate wastewater collection and treatment systems and to provide funds for capital outlay, bond
service costs, capital improvements and depreciation.
Section 15.10.007 Conflicts with other provisions.
In the event ofany conflicts or inconsistencies between the provision ofthis chapter and any
other provisions of this code, the provisions that provide the greatest protection to the sewage
works and San Francisco Bay shall prevail as determined by the director of public works.
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Section 15.10.010 Violation unlawful.
It is unlawful for any person to:
(a) Connect to, construct or install or provide, maintain or use any other means of sewage
disposal except by connection to a public sewer as required by this chapter; or
(b) Dispose of any sewage in the city in violation of this chapter or of any permit issued
pursuant to this chapter.
Section 15.10.015 Definitions.
When used in this chapter or in connection with any resolution, regulation, permit, order,
or other action undertaken pursuant to this chapter, the following words shall have the following
meanings:
(a) "A" definitions.
(1) ACT or Act. "ACT" or "Act" means the Federal Water Pollution Control Act, also
known as the Clean Water Act, P.L. 92-500, and amendments thereto, as well as any guidelines,
limitations, standards, and regulations promulgated by the United States government through the
Environmental Protection Agency pursuant to the Act.
NH3.
(2) Agency. "Agency" means the city when the context so indicates.
(3) Ammonia. "Ammonia" means that form of nitrogen which is chemically definable as
(4) Applicant. "Applicant" means the person making application for a permit for a sewer
or plumbing installation or discharge, and shall be the owner of the premises to be served by the
sewer or plumbing installation or fr
om which the discharge is to occur, or the owner's duly
authorized agent.
(4) Audit protocols. "Audit protocols" means the procedures to be followed in performing
a mass audit study.
(5)Average
concentration. "Average concentration"meanstheconcentrationofapollutant
in an industrial user's discharge that is calculated by adding Lite
concentrations of the particular
pollutant in all composite samples taken during a given time period, including but not limited to self
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monitoring samples, and dividing the total by the number of samples taken.
(b) "B" Definitions
(1) Beneficial uses. "Beneficial uses" means uses of the waters of the state that may be
protected against quality degradation, including domestic, municipal, agricultural, and industrial
supply, power generation, recreation, aesthetic enjoyment, navigation, and the preservation and
enhancement offish, wildlife, and other aquatic resources or reserves, and other uses, both tangible
or intangible as specified by federal or state law.
(2)Bestmanagementpractices."Bestmanagementpractices"meansschedulesofactivities,
prohibitions of practices, maintenance procedures and other management practices to prevent or
reduce the introduction of pollutants to the sanitary sewer system which have been determined by
the director to be cost effective for particular industry groups, business types, or specific industrial
processes.
(3)BODorBiochemicalOxygenDemand. "BOD"or "biochemical oxygen demand"means
the measure of decomposable material in domestic or industrial wastewaters as represented by the
oxygen utilized in decomposition over a period of incubation of 47,
(5) days at twenty degrees
centigrade (20°C) under laboratory conditions pursuant to standard methods.
(4) Building. "Building" means any structure used for a residence, place of business,
recreation, or other purpose of human habitation.
(5) Building sewer. "Building sewer" means that portion of any sewer conveying
wastewater fr
om the premises of a user to a community sewer, beginning at the plumbing or
drainage outlet of any building and running to the lateral sewer at or near the property line.
(c) "C" definitions.
(1) Categorical Pretreatment Standards. "Categorical pretreatment standards" means the
limitations on pollutant discharges to POTW's promulgated by EPA in accordance with Section 307
of the Act, that apply to specified process wastewaters of particular industrial categories. [40 CFR
403.6 and Part
s 405-471].
(2) COD or Chemical Oxygen Denzazzd. "COD" or "chemical oxygen demand" means the
measure of chemically decomposable material in domestic or industrial wastewater as represented
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by the oxygen utilized as determined by the appropriate procedure described in standard methods.
(3) Code of FederalRegulations or CFR. "Code ofFederal Regulations" or "CFR" means
the Code of Federal Regulations published bYL C Office o Federal Register, National Archives
and Records Administration. Whenever a reference is made to any portion of the CFR, or to any
other federal regulation, that reference shall include to all amendments and additions to that portion
of the CFR or regulation, now or hereinafter adopted.
(4) Combined sewer. "Combined sewer" means a sewer receiving both surface runoff and
sewage.
(5) Comnn�nity sewer. "Cotmnunity sewe2' means a sewer owned and operated by the city
and tributary to a treatment facility operated by the city.
(6) Compatible pollutant. "Compatible pollutant" means biochemical oxygen demand,
suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the city's
National Pollutant Discharge Elimination System (NPDES) Permit if the city's treatment plant is
designed to treat such pollutants and if fact, does remove such pollutants to a substantial degree.
(7) Composite sample. "Composite sample" means aflow-
proportional or time -
proportional sample, which accurately represents the average pollutant concentration discharged
during a continuous time period. A composite sample may be obtained manually or automatically,
and discretely or continuously. For manual compositing, at least six (6) individual samples from each
sample point shall be combined and mixed to obtain one composite sample; flow -proportion may
be obtained either by varying the time interval between each discrete sample and the volume of
each discrete sample.
(8) Contamination. "Contamination" means an impairment of the quality of water of the
State by waste to a degree that creates a hazard to the public health through poisoning or through
the spread of disease. "Contamination" includes any equivalent effect resulting fr
om the disposal
of wastewater, whether or not waters of state are affected.
(9) Contractor. "Contractor" means an individual, firm, corporation, partnership, or
association licensed by the state to perforin the type of work to be done under the permit.
(10) Cost effective. "Cost effective" means that total project costs,. if financed over a five
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(5) year period at the prime interest rate published in the Wall Street Journal plus two percent (2%)
at the time the project costs are being determined, do not exceed the total savings that would be
generated by the project during the same five (5) year period. Project costs shall also be
considered cost effective, if financing assistance is available to the discharger, from the city or any
other source, at a lower rate and the project costs, if financed over a five (5) year period at that
rate do not exceed the total savings that would be generated by the project during the same five
(5) year period.
(11) Critical user. "Critical user" means a discharger whose wastewater contains priority
pollutants, or who discharges waste that has the potential to cause interference, excluding
sanitary sewage.
(d) "D" definitions.
(1) Departrnent. "Department" means the city department of public works.
(2) Diluting Waters. "Diluting waters" means noncontact cooling water, boiler blowdown,
domestic sewage, groundwater, stormwater, surface drainage, or potable waters which are not a
part of an industrial process and which do not contain pri
ority pollutants but which are combined
with industrial wastewater prior to the monitoring point for industrial wastewater discharge.
(3) Director. "Director" means the city director of public works, or the director's designee.
(4) Discharger. "Discharger" means any person who discharges or causes a discharge to
a public sewer. See also specific discharger definitions.
(5) Dissolved Solids or DissolvedMatter. "Dissolved solids" or "dissolved matter" means
the solid matter in solution in the wastewater and shall be determined by evaporation of a sample
from which all suspended matter has been removed by filtration as determined by the procedures
in the standard methods.
(6) Domestic Wastewater. "Domestic wastewater" means the water -carried wastes and
wastewater produced from noncommercial and nonindustrial activities and that result fr
om normal
human living processes.
(e) "E" Definitions
(1) Effluent. "E$7uent" means the liquid outflow of any facility designed to treat, convey,
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or retain wastewater.
(2) Engineer. "Engineer" means the city director of public works.
(f) Reserved.
(g) "G" Definitions
(1) Garbage. "Garbage" means wastes from the preparation, cooking and dispensing of
foods, and from the handling, storage, and sale of produce.
(2) Grab Sample. "Grab sample" means a single discrete sample collected at a particular
time and place which represents the composition ofthe wastestream only at that time and place with
no regard to the flow in the wastestream.
(3) Gravity Sepwatton Interceptor. "Gravity separation interceptor" means any facility
designed, constructed, and operated for the purpose of removing and retaining dangerous,
deleterious, or prohibited constituents from wastewater by differential gravity separation before
discharge to the public sewer.
(4) Grease. "Grease" means ether -soluble matter, and shall include each of the
following two types:
(i) Dispersed grease, which means grease which isnot floatable grease;
(ii) Floatable grease, which means grease which floats on the surface of quiescent sewage
water or other liquid or which floats when mixed or added to water.
(5) Groundwater Discharger. "Groundwater discharger" means a discharger that pumps
and treats contaminated groundwater and discharges to the sanitary sewer system. This class of
discharger is variable, so that some permits are a year in length while others may be written for a
week. Hydrocarbons are the most common pollutants.
(h) "H" Definitions
(1) Heavy discharger. "Heavy discharger" means a discharge that may contribute over 150
pounds per day of BOD or TSS to the sanitary
sewer system. Heavy dischargers are classified as
5ICT's if the volume of discharge is greater than 25,000 gallons/day or they use processes that have
the potential to detrimentally affect the processes of the plant.
(2) Holding Tank Waste. "Holding tank waste" means any waste from holding tanks, such
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as vessels, chemical toilets, trailers, septic tanks, and vacuum -pump tank trucks.
(i) "I" Definitions
(1) Incompatible Pollutant. "Incompatible pollutant" means any pollutant that is not a
"compatible pollutant" as defined above.
(2) Industrial connection sewer. "Industrial connection sewer" means the sewer connecting
the bung sewer or building waste drainage system to the public sewer for the purpose of
conveying industrial wastewater.
(3) Industrial User. "Industrial user" means any non-residential user that discharges
industrial wastes to the sanitary sewer system.
(4) h�dusttial Wastes. "Industrial wastes" means the wastes from producing, manufacturing
and processing operations of every kind and nature.
(5) Industrial Wastewater. "Industrial wastewater" means all water -carried wastes and
wastewater of the community, excluding domestic wastewater and uncontaminated water, and
includes all wastewater from any producing, manufacturing, processing, institutional, commercial,
agricultural, or other operation where the wastewater discharged includes significant quantities of
wastes from non -human origin.
(6) Inspector. A person authorized by the director to inspect wastewater generation,
conveyance, processing, disposal, and monitoring facilities.
(7) Interference.
(i) "Interference" means a discharge which alone, or in conjunction with a discharge or
discharges from other sources, inhibits or disrupts the processes or operation of the sanitary
sewer
system, including the POTW, prevents the POTW from using its chosen sludge use/disposal
practice, or causes or significantly contributes to a violation of any requirement of the National
Pollutant Discharge Elimination System (NPDES) Pen -nit, which is a permit issued to the city
pursuant to Section 402 of the Act.
(ii) "Interference" also includes prevention of bio -solids
use or disposal by the POTW in
accordance with published regulations providing guidelines under Section 405 ofthe Act [33 U. S.C.
§§1251-1387] or in regulations developed pursuant to the Solid Waste Disposal Act (S
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U.S.C. §§6901, et seq.], the Toxic Substances Control Act [15 U.S.C. §§2601-26541, or more
stringent state regulations (including those contained in any state bio -solids management plan
prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by
the POTW.
(j) Reserved.
(k) Reserved.
(0 "L" Definitions.
(1) Lateral sewer. "Lateral sewer" means the portion of a sewer lying within a public right-
of-way or easement between the city cleanout and the main sewer to which a building sewer is
connected.
(2) LightDischarger. "Light discharger" means a discharger that contributes less than fifty
(50) pounds per day of BOD or suspended solids to the sanitary sewer system. This category is
often defined by whether or not the discharger has a grease trap.
(m) "M" Definitions.
(1) Main Sewer. "Main sewer" means a public sewer designed to accommodate more than
one lateral sewer.
(2) Major contributing industry. "Major contributing industr}�' means any wastewater
contributor identified in the Standard Industrial Classifi
cation (SIC) Manual in any of Divisions A,
B, D, E, and I that:
(i) Hasa
discharge flow of 50,000 gallons or more per average work day; if seasonal, the
average shall be computed on the period of use; or
(ii) Has a fl
ow of or pollutant loading greater than five percent (5%) ofthe total flow to the
(3) Manager. "Manager" means the city manager.
(4) Mass audit study. "Mass audit study" means an investigation of pollution prevention
and source reduction measures performed by or for an industrial user, pursuant to audit protocols
adopted by the director, to analyze the volume and concentration of nickel, copper, and/or any
other priority pollutant identified in regulations adopted by the director in an
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industrial user's
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process streams and discharge, and to identify the maximum feasible reduction measures available
to the industrial user.
(5) Maximum allowable concentration. "Maximum allowable concentration" means the
highest permissible concentration or other measure of pollutant magnitude taken at a specific point
m rime.
(6) Maximum feasible reduction measures.
(i) "Maximum feasible reduction measures" means all individual measures, and all
functionally interdependent measures, of reducing the mass of specified pollutants in an industrial
user's discharge, which the director finds would be cost effective if installed by the industrial user.
(ii) For the purpose of this chapter, individual measures which are not cost effective shall
nonetheless be considered part of a functionally interdependent group ofcost-effective measures
if they substantially reduce the mass of pollutants discharged, and the other measures with which
they are grouped are their functional prerequisite.
(7)Moderate Discharger. "Moderate discharger" means a discharger that contributes fifty
(50) to one hundred fi
fty (150) pounds per day of BOD or suspended solids to the sanitary sewer
system. This category is generally defined by the presence of a grease interceptor or one or more
grease traps.
(n) "N" Definitions.
(1) New Source. "New source" means any wastewater generating processes constructed
after the publication of proposed Pretreatment Standards that are applicable to that source and that
are independent of an existing source.
(2) Non -conventional Discharger. "Non -conventional discharger" means a discharger
involved in any business or manufacturing where the possibility exists that hazardous or toxic
materi
al maybe discharged to the sewer system.
(o) "O" Defi
nitions.
(1) Outlet. "Outlet" means the end of a house plumbing system three (3) feet outside the
foundation of the building.
(p) "P" Definitions.
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(1) Pass-through. "Pass-through" means a discharge that exits the sewage treatment system
to the waters of the United States in quantities or concentrations that alone, or in conjunction with
other discharges, causes a sewage authority to violate its NPDES permit.
(2) Peak Flow Rate. "Peak now rate" means the average rate at which wastewater is
discharged to a public sewer during the highest thirty (30) minute flow period in the preceding
twelve (12) months.
(3) Penult. "Permit" means any written authorization required pursuant to this or any other
ordinance or regulation of the city for the installation of any sewer or the discharge of waste into
the sewer system.
(4) pH. "pH" means the logarithm of the reciprocal of the concentration of
hydrogen ions in moles per liter of solution.
(5) Plant. "Plant" means the city POTW.
(5) Phrmbing System. "Plumbing system" means all plumbing fixtures and traps or soil,
waste, special waste and vent pipes, and all sanitary sewer pipes within a building and extending to
tL
e building sewer connection three (3) feet outside the building foundation.
(6) Pollution. "Pollution" means the man-made or man -induced
alteration ofthe chemical,
physical, biological, and radiological integrity of water.
(7) POTW. "POTW 'means the city treatment works, which is a treatment works as defined
by section 212 of the Act. This definition includes any devices and systems used in the storage,
treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It
also includes sewers, pipes and other conveyances only if they convey wastewater to the POTW.
(8) Premises. "Premises" means asingle-family dwelling, duplex, triplex, quadplex,
apartment house, commercial building, industrial building, or other structure used or useful for
habitation or other occupancy of human beings.
(9) Pretreatment or Treatment. ""Pretreatment" or "treatment" means the reduction of the
amount of pollutants, or the alteration of the nature of pollutant propert
ies in wastewater to a less
harmful state prior to or in lieu of discharging
or otherwise introducing such chemical or biological
processes, or process changes by other means, except as prohibited by 40 CFR Section 403.6(d).
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(10) Priority pollutants. "Priority pollutants" means all pollutants as defined by the
"General Pretreatment Regulations" of the Environmental Protection Agency, found at 40 CFR 401
and 403.
(11) Process flow. "Process now means the daily, twenty-four (24) our, flow of
wastewater from any kind or nature ofproduction, manufacturing or processing operation, including
industrial and commercial operations where water is used for the removal of any type ofwaste other
than sanitary sewage. Process flow does not include diluting waters.
(12) Publicly Owner Treatment Works or POTW. Publicly owned treatment works or
POTW means a treatment works as defined by Section 212 of the Act [33 U.S.C. section 1292],
which is owned by the city. This definition includes any sewers that convey wastewater to the
POTW treatment plant, but does not include pipes, sewer, or other conveyances not connected to
a facility providing treatment. For the purposes of this chapter, "POTW' shall also include any
sewers that convey wastewaters to the POTW from persons outside the city who are, by contract
or agreement with the city, users of the city POTW.
(13) Public Sewer. "Public sewer" means any sewer dedicated to public use and whose use
is controlled by a public corporation.
(q) Reserved.
(r) "R" Definitions.
(1) Reasonable control measures. "Reasonable control measures" means control
technologies, best management practices, source control practices and waste minimization
procedures which prevent or reduce the introduction of pollutants to the sanitary sewer system and
are determined by the director to be cost effective for particular industry groups, business types, or .
specific industrial processes.
(s) "S" Definitions
(1) Sanitary Sewer. "Sanitary sewer" means a sewer that carries sanitary sewage to which
storm, surface, and groundwater are not intentionally admitted.
(2) Sanitary sewage. "Sanitary
sewage" means water -carried wastes from residences,
business buildings, institutions, and industrial establishments, excluding ground, surface and storm
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waters, subsurface drainage and also excluding industrial waste.
(3) Sanitary sewer system or Sewerage System. "Sanitary sewer system" or "sewerage
system" means all sewers, treatment plants,
and other
facilities owned or
operated by the city for
carrying,
collecting, pumping, treating, and
disposing
of sanitary sewage
and industrial wastes.
(4) Sewage. "Sewage" means a combination of water -carried waste from residences,
business buildings, public bungs, institutions, and industrial establishments.
(5) Sewage Pumping Plant. "Sewage pumping plant" means any facility designed and
constructed to raise wastewater in elevation or to overcome head losses due to pipeline friction.
(6) Sewer. "Sewer" means a pipe or conduit for carrying sewage.
(7) Sewerage. "Sewerage" means any and all facilities used for collecting, conveying,
pumping, treating, and disposing of wastewater.
(8) Side Sewer. "Side sewer" means the sewer line beginning at the house outlet and
terminating at the main seer and includes the building sewer and the lateral sewer.
(9) Significant change. "Significant change" means any change in an industrial user's
operation that results in a flow that exceeds the expected peak flow as shown in the Sewage
Treatment Plant Expansion Connection Charge calculation for the property on which the industri
al
user is located.
(9) Significant Industrial User or SIU "Significant industrial user" or "SIU" means:
(i)
A discharger subject
to Categorical
Pretreatment Standards; or
(ii)
A non -categorical
discharger that
in the opinion of the manager, requires special
regulation or source control; or
(iii) Anon -categorical discharger that contributes a process wastestream that makes up five
percent (5%) or more of the average dry weather capacity of the POTW treatment plant, or that
discharges an average of 25,000 gallons or more per day of process wastewater to the POTW; or
(iv) Anon -categorical discharger that contributes more than 150 pounds per day of BOD
or suspended solids.
(10)SignificantNon-Compliance. "Significantnon-compliance"meansacompliancestatus
assigned to an industrial discharger meeting any of the following criteria:
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(i) Chronic violations exceeding the daily maximum limit or the average limit sixty-six
percent (66%) of the time during a 6 -month period of the same pollutant parameter; or
(ii) Technical Review Criteria (TRC) violations in which thirty-three percent (33%) or more
of measurements for each pollutant parameter taken during a 6 -month period equal to or exceeding
the product of the applicable limit and the TRC value (1.4 times the limit for conventional pollutants
or 1.2 times the limit for toxic pollutants); or
(iii) Aviolation ofpass-through or interference; or
(iv) A discharge of imminent endangerment to human health, welfare, or the environment,
or which require the POTW to use its emergency authority under 40 CFR section
(v) Violation of a compliance milestone by ninety (90) days; or
(vi) Violation of report submittal deadlines by sixty (60) days; or
(vii) Failure to report non-compliance; or
(viii) Any other violation deemed significant by the director.
(11) Single -Family Unit. "Single-family unit" means the place of residence of single family.
Property improved for multi -family purposes shall constitute the number of units that the facilities
thereon provide in number of single-family units. When such improvements are for other than
residential purposes, the number of units shall be determined by dividingthe total number of persons
regularly using or occupying those premises by four (4). When this property is unsubdivided, it shall
be deemed to have four (4) lots to the acre, unless the city council, in its sole discretion, specially
fixes some other number of lots therefor.
(12) Standard methods. "Standard methods" means the procedures set fort
h in the Code
of Federal Regulations unless another method for the analysis of industrial wastewater has been
approved in writing in advance of use of the procedure by the director. The current edition of
Standard Methods for the Examination of Water and Wastewater as published by the American
Public Health Association. All analyses shall be performed by a laboratory certified by the
State for the specific pollutants and matrix to be analyzed, unless otherwise approved in writing,
by the director, prior to performance of a sample analysis.
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(13) Storm Sewer or Storm Drain. "Storm sewer" or "stonn drain" means a sewer that
carries storm and surface or groundwaters and drainage, but excludes sewage and polluted industrial
wastes.
(14) Storm Waters. "Storm waters" means the flow resulting from rainfall.
(15) Street. "Street" means any public highway, public road, public street, public avenue,
public alley, public way, public place, public easement, or public right -of --way.
(16) Suspended Solids or Suspended Matter. "Suspended solids" or "suspended matter"
means solids that either float on the surface of, or are in suspension in, water, sewage, or other
liquids and that removable by laboratory filtration in accordance with procedures described in
Standard Methods.
(t) "T" Definitions.
(1) Technical review criteria or TRC. "Technical review criteria" or "TRC" means the
multipliers used to gage the degree or severity of violations.
(2) Total toxic organics•. "Total toxic organics" (TTOs) means the sum of the
concentrations for each of the regulated toxic organic compounds listed at 40 CFR 401.15 and
which are found in the discharge at a concentration greater than ten (10) micrograms per liter.
(3) Toxic Pollzrtant. Toxic pollutant means any pollutant or any combination of pollutants
listed as toxic in regulations promulgated by the EPA under the provisions ofGWA 307 (a) or other
statutes.
(4) Trucked or hazzled waste. "Trucked or hauled waste" means any waste discharged into
the sanitary sewer system after being placed in a motorized vehicle for removal from the location
where the waste was generated or produced.
(5) Trunk sewer. "Trunk sewer" means a sewer constructed, maintained, and operated by
the city that conveys wastewater and into which lateral and collecting sewers discharge.
(u) "U" Definitions
(1) Uncontaminated Water. "Uncontaminated water" means any wasted water of the
community not contaminated or polluted with wastewater and that is suitable or could readily be
suitable for discharge to the city's storm water drainage system.
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(2) User. "User" means any person responsible for payment of sewer service charges.
(v) Reserved.
(w) "W'Definitions
Definitions
(1) Wastewater. Wastewater means the liquid- and water -carried industrial or domestics
wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated
or untreated, that is contributed into or permitted to enter the POTW.
Section 15.10.017 Abbreviations.
When used in this chapter or in connection with any resolution, regulation, permit, order,
or other action undertaken pursuant to this chapter, the following abbreviations shall have the
following meanings
BOD — Biochemical Oxygen Demand
CFR — Code of Federal Regulations
COD — Chemical Oxygen Demand
EPA— Environmental Protection Agency
L — Liter
mg — Milligrams
mg/L — Milligrams per liter
NPDES — National Pollutant Discharge Elimination System
SIC — Standard Industrial Classification
SWDA— Solid Waste Disposal Act [42 U.S.C. section 6901 et seq.]
USC — United States Code
TSS — Total Suspended Solids
Section 15.10.020 Sewer required.
The owner of any premises occupied or used by humans and containing any plumbing
installation whatsoever is required at the owner's expense to connect the building or structure
directly to the city sewerage works, in accordance with the provisions ofthis chapter, chapter 15.08,
and title 18, within ninety (90) days from completion of the plumbing installation.
Section 15.10.021 Occupancy prohibited.
No building, industrial facility nor other structure shall be occupied or used until and unless
the owner of the premises has complied with all applicable rules and regulations ofthis chapter.
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Section 15.10.025 Construction Permit Required.
(a) Approval required. No person shall construct or cause to be constructed, or alter or
cause to be altered, any public sewer, lateral sewer, house connection or industrial connection
sewer, sewage pumping plant, pollution control plant, or other sewerage facility in the city where
existing or proposed wastewater flows will discharge directly or indirectly to city facilities without
first obtaining approval of the sewerage construction from the city. This subsection shall not apply
to duly authorized city employees or persons contracted to the city to perform the work for the city.
(b) Permit required for construction of sewer or sewer connection.
(i) No person shall construct a building sewer or lateral sewer or make any connection with
or opening into, use, alter, or disturb any public sewer or appurtenances or perform any work on
any lateral or building sewer without first obtaining a written permit from the city and paying all fees
and connection charges therefor.
(ii) A person legally entitled to apply for and receive such a permit shall make application
on forms provided by the city for that purpose. The applicant shall give a description of the
character of the work to be done, and the location, ownership, occupancy, and use of the premises
related to the work. The director may require plans, specifications, or drawings, and such other
information as the director may deem necessary in the director's professional judgment.
(iii) If the director determines that the plans, specifications, drawings, description, and
information furnished in connection with the application are in compliance with this code and the
ordinances, rules, and regulations governing the proposed work and installation, the director shall
issue the permit upon payment of the required fees and charges. The director may attach conditions
to the permit that are reasonably necessary to ensure compliance with this code and the ordinances,
rules, and regulations governing the proposed work and installation.
(c) Compliance with permit. After issuance of the permit, no change shall be made in the
location of the sewer, the grade, materials, or other details fr
om those described in the permit and
as shown in the approved plans and specifications for which the permit was issued nor any deviation
shall occur from any condition attached to the approved permit except with written authorization
from the department, the inspector, or other duly authorized city employee.
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(d) Agreement. The applicant's signature on an application for a permit pursuant to this
section shall constitute an agreement by the applicant and any person whom the applicant represents
in connection with the application to comply with the terms, requirements, and conditions of this
code, the ordinances, rules, and regulations governing the proposed work and installation, with the
approved plans and specifications for the work, if any, and with the conditions placed on the permit
as well as any corrections or modifications that may be ordered or permitted by the city. This
agreement shall be binding on the successors and assigns of the applicant and the persons whom the
applicant represents in connection with the application.
(e) Costs paid by owner. All costs and expenses incident to the installation and connection
of any sewer or other work for which a permit has been issued pursuant to this section shall be
borne by the owner of the premises to be served by the work. The owner shall indemnify the city
and its officers and employees from any loss or damage that may directly or indirectly be caused by
the work.
(f) Addtfional permits. The persons seeking to do the work under a permit issued pursuant
to this section shall be solely responsible for obtaining all other permits from any agency or
permission from any person necessary to performing the work, including any excavation or
encroachment permit fr
om the city.
(g) Liability. Neither the city, nor any of its officers, employees, or agents, shall be
answerable for any liability for injury
or death to any person or damage to any property arising
during or growing out of the performance of work performed under any permit issued pursuant to
this section. The permitholder shall be answerable for and save the city, its officers, employees, and
agents harmless from any liability imposed by law upon the city, its officers, employees, and agents,
and from any claims that may be made against the city, its officers, employees, and agents, including
alI costs, expenses, attorney fees, fees, and interest incurred in defending any such liability or claims.
The permitholder shall be responsible for any defects in the design or performance of work under
the permit or any failure that may develop in that work.
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Section 15.10.028 Construction requirements.
(a) Minimum size. The minimum size of a building sewer shall be six-inch diameter.
However, in any building designed or to be used exclusively for residential occupancy of six (6)
dwelling units or less, the minimum size shall be four -inch diameter. The director may order or
authorize a different size of building sewer consistent with the California Plumbing Code as
amended by this code.
(b) Public safety. All excavations for a lateral sewer installation shall be adequately guarded
with barricades or lights so as to protect the public from hazard. Any public property disturbed in
the course ofthe work shall be restored to a condition that is as good or better than existed before
the work began.
(c) The requirements of subsection (a) above shall not apply retroactively, but any
replacement of an existing sewer shall conform to subsection (a).
Section 15.10.030 Inspection.
(a) All sewer construction work, building sewers, plumbing and draining systems shall be
inspected by an inspector authorized by the city to insure compliance with all city requirements. No
sewer shall be covered until it has been inspected and passed. No sewer shall be connected to the
city's public sewer until the work encompassed within the applicable permit has been completed,
inspected, and approved by the city inspector. If the test proves satisfactory and the seer has been
cleaned of all debris accumulated from construction operations, the inspector shall issue a certificate
of satisfactory completion.
(b) It shall be the duty of the person doing the work authorized by permit to notify the
department that the work
work will stand the tests required by the city before making a request for inspection,
is ready
for inspection.
This
notification shall
be given at least
twenty-
four (24) hours before the
work is
to be inspected.
The
person doing the
work shall ensure
that the
(c) All building sewers and lateral sewers shall be tested in the presence or the
city inspector
by filling the line with water or air and inspecting for excessive leakage. Fittings, plugs, water, and
labor for testing shall be furnished by the person constructing the sewer. If the existing lateralis to
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remain, it shall be tested as specified above. All lines showing excessive leakage shall be repaired
or replaced at the sole expense of the person controlling the work to the satisfaction of the city
inspector.
(d) When work has been inspected pursuant to this section and the work has not passed, a
written notice to that effect will be given instructing the owner of the work to repair the sewer or
other work authorized by the permit in accordance with the permit requirements.
Section 15.10.032 Maintenance of lateral sewers.
The city shall not be responsible for maintenance of any lateral sewer unless the lateral sewer
conforms to the requirements of this chapter and other applicable city regulations.
Section 15.10.034 Limitation on point of discharge.
(a) No person shall discharge, cause or allow or permit to be discharged any substance into
a manhole or other opening in a community sewer except through an approved building sewer,
unless that person has first obtained a permit to do so from the city.
(b) No person shall discharge, cause or allow or permit to be discharged any sewage,
industrial waste, or other polluted waters into any storm drain or natural outlet or creek or stream
or channel without first obtaining avalid National Pollutant
Discharge Elimination System (NPDES)
permit.
Section 15.10.036 Prohibited activities.
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover,
deface, or tamper with any structure, appurtenance, or equipment that is part of the
sewerage works
or any sampling device.
Section 15.10.038 Generally prohibited wastes.
(a) No person shall discharge or cause to be discharged to a public sanitary sewer any
substance or waste that contains substances or has characteristics that either one
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with other wastewaters cause or threaten to cause interference or pass-through.
(b) No person shall discharge to any public sewer any wastes, if in the opinion of the City,
those wastes may have any adverse or harmful effect on sewers, maintenance personnel or
equipment, wastewater treatment personnel or equipment, treatment plant effluent quality, public
or private property, aquatic life in any waters receiving effluent from the sanitary sewer system, or
create a hazard in the use or disposal of sewage sludge, or may otherwise endanger the public, the
local environment, or create a public nuisance.
(c) No person shall discharge or cause to be discharged to a public sewer any waste that
creates a stoppage, plugging, breakage, any reduction in the sewer capacity, or any other damage
to sewers or sewerage facilities of the city.
Section 15.10.040 Specifically prohibited wastes.
No person shall discharge or cause to be discharged to a public sanitary sewer any of the
following wastes:
(a) Any wastewater containing any flammable liquid, solid, vapor, or gas or other substance,
including but not limited to any substance having a closed cup fl
ashpoint of less than one hundred
forty degrees Fahrenheit (140°) or sixty degrees Celsius (60°C), using the test methods specified in
40 CFR 261.21. Prohibited materials include but are not limited to gasoline, kerosene, naphtha,
benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides, and sulfides, and any other substances that the city, the state, or the
EPA has notified the user is a fire or explosive hazard or a hazard to the system; or
(b) Any waste having a pH lower than 5.5, higher than 9.0, or having any corrosive or
detrimental characteristic that may cause injury to any person operating, maintaining, repairing, or
constructing the sanitary sewer system or any part thereof, or working in or about the sanitary sewer
system, or any damage to any part of the sanitary sewer system, or any waste with a pH high
enough to cause alkaline incrustations on sewer walls; or
(c) Any solids or viscous substances of such size or in such quantity that they may cause
flow obstruction in any part
of the sewer or be detrimental to proper wastewater treatment plant
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operations. Such substances include but are not lim ted to, asphalt, cement, dead animals, offal,
ashes, sand, mud, straw, industrial process shavings, metal, glass, rages, feathers, tar, plastics,
wood, whole blood, paunch manure, bones, hair and fleshings, entrails, papers dishes, paper cups,
milk containers, or similar paper products, either whole or ground, and resins; or
(d) Any wastes with excessively high BOD, COD, or decomposable organic content that will
cause interference with the sanitary sewer system; or
(e) Any waste containing heat in amounts that will inhibit biological activity at the POTW
resulting in interference, but in no event, no liquid, solid, vapor, gas, or thing having or developing
a temperature of one hundred fifty degrees Fahrenheit (150F) or more, or that may cause the
temperature at the POTW to exceed one hundred four degrees Fahrenheit (104°F) or
(f) Any non -biodegradable cutting oils, commonly called soluble oil; or
(g) Any petroleum oil, non -biodegradable oil, or refined petroleum product; or
(h) Any waste containing toxic or poisonous solids, liquids, or gases in such quantity that
alone, or in combination with other waste substances, may create a hazard to humans, animals, or
the local environment, interfere with the wastewater treatment processes, cause a public nuisance,
or cause any condition hazardous to health and safety in the sewerage system; or
(i) Any substance promoting or causing the promotion of toxic gases; or
(j) Any waste requiring an excessive quantity of chlorine or other chemical compound used
for disinfection purposes; or
(k) Any excessive amounts of chlorinated hydrocarbon or organic phosphorous type
compounds; or
(� Any excessive amount of deionized water, steam condensate, or distilled water; or
(m) Any wastewater producing excessive discoloration of wastewater or treatment plant
e8luent, such as dye wastes and vegetable tanning solutions; or
(n) Any wastes containing excessive quantities of iron, boron, chromium, phenols, plastic
resins, copper, nickel, zinc, lead, mercury, cadmium, selenium, arsenic, or any other objectionable
materials toxic to humans, animals, the local environment, or to the biological or other wastewater;
or
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(o) Any blow -down or bleed water from cooling towers or other evaporation coolers
exceeding one-third of the make-up water; or
(p)
Any
single pass cooling water; or
(q)
Any
quantities of radioactive material
wastes; or
(r)
Recognizable portions of the human anatomy;
or
(s)
Any
strongly odorous waste or waste
tending to create odors; or
(t)
Any
waste containing greater than 0.1
mg/L of dissolved sulfides; or
(u)
The
use or addition of any chemical
or biological agent used for the maintenance of
grease traps and interceptors. This includes enzymes, emulsifiers, and bacterial cultures.
Section 15.10.042 Prohibition on trucked and hauled wastes.
No person shall discharge, cause, allow or permit any trucked or hauled waste to be
discharged into the sanitary sewer system, except at a site specifically designated in a wastewater
discharge permit issued pursuant to this chapter.
Section 15.10.044 Prohibition on garbage.
(a) No person shall discharge, deposit, or throw, or cause, allow or permit to be
discharged, deposited, or thrown into the sanitary sewer system, or any part
thereof, any garbage,
or any fruit, vegetable, animal or other solid material from any food-processing plant or other
industrial plant, food establishment or restaurant, or retail grocery store, irrespective of whether or
not it shall have been first passed through a mechanical grinder.
(b) No person shall install, operate, use or maintain upon the premises of any food-
processing plant, or any other industrial plant or retail grocery store, any mechanical grinder or
waste grinder that is connected directly or indirectly to the sanitary sewer system, or any part
thereof.
Section 15.10.046 Prohibition on use of diluting waters.
The use of diluting waters as a part
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achieve compliance, or to meet local limitations for wastewater as set forth in this chapter, or to
avoid or minimize any requirements imposed in a wastewater discharge permit is prohibited.
Section 15.10.048 Suspended solids; Dissolved matter.
No person shall discharge, cause, allow or permit to be discharged into the sanitary sewer
system or any part thereof, any liquid containing suspended solids or dissolved matter of such
character and quantity that unusual attention or expense is required to handle, process, or treat
such matter at the Plant.
Section 15.10.050 Limitations on wastewater strength.
No person shall discharge, cause, allow, or permit to be discharged into a public sanitary
sewer or any part thereof, any waste containing an excess in concentration of the following
substances:
Substance
Maximum Allowable Concentration
Arsenic
0.08 mg/L
BOD
1300 mg/L
Cadmium
0.138 mg/L
Copper
2.0 mg/L
Cyamde
0.292 mg/L
Lead
0.365 mg/L
Mercury
0.010 mg/L
Nickel
0.445 mg/L
Oil & Grease
200 mg/L
Phenol
7.8 mg/L
Selenium
0.106 mg/L
Silver
0.200 mg/L
TSS
1200 mg/L
Total Chromium
2.532 mg/L
Zinc
0.386 mg/L
These limitations are subject to amendment at any time, and no permit granted under this chapter
shall
constitute any vested right of any kind to continue to maintain concentrations at this or any
other level.
Section 15.10.052 Limitation on other pollutants.
No person shall discharge or cause or allow or permit to be discharged any pollutant,
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including oxygen demanding pollutants to be released at a flow rate or a pollutant concentration,
or both, that a user knows or has reason to know will cause interference to the POTW. In no event
shall a person discharge or cause or allow or permit a discharge to have a slug load with a flow rate
or contain a concentration or qualities of pollutants that exceeds for any time period of more than
five (5) times the average twenty-four (24) hour concentration quantities or flow during normal
operation.
Section 15.10.054 Holding Tank Wastes.
(a) No person shall discharge any holding tank waste into a community sewer unless that
person has obtained a permit to do so from
the city.
Unless otherwise specifically allowed under
the terms of a city permit, a separate
permit
shall be
required for each separate discharge.
(b) No person shall discharge or cause or allow or permit to be discharged directly or
indirectly to a public sewer any wastes originating from a recreational vehicle, boat, camper, mobile
home, trailer, portable toilet, chemical toilet, or any temporary or mobile sanitation facility except
pursuant to permit issued by the city at a facility designed and operated for this type of discharge.
Section 15.10.056 Storm waters, surface water, groundwater.
(a) No person shall discharge, cause or allow or permit any storm water, roof or yard
drainage, foundation, underdrainage, or groundwater to be discharged into the sanitary sewer
system without first obtaining a permit from the city to do so. Such a permit shall only be granted
in exceptional cases of public necessity when no other reasonable alternative is available.
(b) No plumbing or piping shall be connected or designed in such a manner as to make
possible the discharge of storm, surface and underground waters into the sanitary sewer system
without first obtaining a permit
from the city as described in subsection (a) above.
Section 15.10.058 Medical wastes.
(a) Hospitals, medical clinics, offices of medical doctors, and convalescent homes may
discharge to the sanitary
sewer system through acity-approved grinder installation with inlet size
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and design features suitable for its intended use and so construct that all particles pass through a
maximum three -eighths -inch (3/8") opening wastes of the following category:
(1) Infectious wastes defined as follows:
(A) Laboratory and surgical operating room wastes except as excluded in subsection
(b) below; and
(B) Wastes from outpatient areas and emergency rooms similar those included in
subsection (A) above with the same exclusions; and
(C) Solid wastes generated in the rooms of patients who are not isolated because of
a suspected or diagnosed communicable disease.
(b) In no event shall any person discharge, or cause or allow or pernut the following wastes
to be discharged to the sewer by any means:
(1) 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; or
(2)
Any recognizable
portions
of the human anatomy; or
(3)
Wastes excluded
by other
provisions of this chapter except as specifically pennitted
pursuant to subsection (a) above; or
(4) Any solid waste not specifically described in subsection (a) above.
Section 15.10.060 Quantity of wastes.
The rate of discharge of industrial was
to the sewer system shall be limited to the capacity
of the lateral and main sewers flowing as open -channel conduits. Facilities shall be provided for
dampening or equalizing "slug" discharges in order to comply with concentration restrictions as
defined in this chapter.
Section 15.10.062 Protection from accidental discharges.
(a) Each industrial user shall provide protection from accidental discharge of prohibited
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materials or other wastes regulated by this chapter into either the storm sewer or sanitary sewer
systems.
(b) Facihties to prevent accidental discharge of prohibited materials shall be provided and
maintained at the industrial user's expense.
(c) Any direct or indirect connection or entry point for deleterious wastes to the discharger's
plumbing or drainage system shall be eliminated through reasonable disconnection or barriers as
necessary to ensure protection to the system.
Section 15.10.064 Pretreatment of industrial waste.
(a) An industrial wastewater pretreatment system or device maybe required by the city to
treat industrial flows prior to discharge to the sewer when it is necessary to restrict or prevent the
discharge to the sewer of certain waste constituents, to distribute more equally over a longer time
period any peak discharges of industrial wastewaters or to accomplish any pretreatment result
required by the city. All pretreatment systems or devices shall be approved by the city but such
approval shall not absolve the industrial discharger of the responsibility of meeting any industrial
effluent limitation required by the city, county, state, or federal government. In special cases, the
city may require construction of sewer lines by the discharger to convey certain industrial wastes
to a specific city trunk sewer. All pretreatment systems judged by the city to require engineering
design shall have plans prepared and signed by an engineer of suitable discipline licensed in the state.
(b) Normally a gravity separation interceptor, equalizing tank neutralization chamber and
control manhole will be required respectively to remove prohibited settleable and floatable solids,
to equalize wastewater streams varying greatly in quantity and/or quality, to neutralize low or high
pH flows and to facilitate inspection, flow measurement and sampling. Floor drains from commercial
or manufacturing buildings, warehouses, multi -use structures, areas where any waste requiring
pretreatment is involved shall not discharge directly into the sewer, but shall first discharge to a
gravity separation interceptor. Where preliminary treatment facilities are provided for any waters
or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner
at owner's expense. OR
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(c) The city may adopt additional rules and regulations by resolution, after a public hearing,
for administration of this section.
(d) Any petroleum -contaminated groundwater shall be processed through an activated
carbon pretreatment system approved by the city prior to discharge to the sanitary sewer system.
This discharge shall only be done under permit.
Section 15.10.066 Interceptors required.
(a) Any type of business or establishment where grease or other objectionable
materials maybe discharged into a public or private sewage main or disposal system shall have a
grease removal device of a size and design approved by the director.
(b) Each grease removal device shall be so installed and connected that it shall be at all
times easily accessible for inspection, cleaning and removal of grease.
(c) The grease removal device should be situated on the discharger's premises but when such
a location would be impractical or cause undue hardship on the discharger, the city may issue an
encroachment permit to allow the device to be installed in the public street or sidewalk area and
located so that it will not be obstructed by landscaping or parked vehicles. However, such a device
shall not at anytime pose a hazard or obstruction to public use of the street or sidewalk area.
(d) Waste discharge fr
om fixtures and equipment in establishments which may contain grease
or other objectionable materials including, but not limited to, scullery
sinks, pot and pan
sinks, dishwashers, food waste disposals, soup kettles, and floor drains located in areas where
such objectionable materials may exist, may be drained into the sanitary waste through the grease
removal device when approved by the director provided, however, that toilets, urinals, wash
basins, and other fixtures containing fecal material shall not flow through the grease removal
device. Interceptors shall be located upstream of any dishwashers or discharges exceeding one
hundred ten degrees Fahrenheit (110°F).
(e) Grease removal devices shall be maintained inefficient
operating condition by periodic
removal of the accumulated grease. The use of chemicals to dissolve grease is specifically
prohibited. No accumulated grease shall be introduced into any drainage piping or public or private
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sewer. Users with oil and grease removal devices shall maintain them in good operating condition
at all times.
kf) The discharger shall develop and maintain a record of periodic maintenance, and pumping
of the removal device records shall be retained for a period of not less than three k3) years.
(g) Pumping shall be sufficiently frequent to prevent objectionable odors, surcharge of the
removal device, or interference with the operation of the sanitary sewer system.
(h) Abandoned grease removal devices shall be emptied and filled as required for abandoned
septic tanks.
Section 15.10.068 Screened industrial wastes.
No person shall discharge, cause, allow or permit to be discharged into the sanitary
sewer system or any part thereof, any garbage, or any fruit, vegetable, animal, or other solid
industrial wastes resulting from the processing packaging, or canning of fruits, vegetables, or
otL
er foods or products.
Section 15.10.070 Wastewater discharge permit required.
No person shall discharge, or cause or allow or permit to be discharged any industrial
wastewaters directly or indirectly to sewage facilities owned by the city without fi
rst obtaining a city
permit for industrial wastewater discharge.
Section 15.10.072 Permit Application.
Any person seeking a wastewater discharge permit, other permit, or amendment to a permit
under this chapter shall complete and file an application on the form prescribed by the director and
accompanied by all applicable fees and charges. The application shall contain the following
information at a minimum:
(a) Signature, name, and address ofboth the owner ofthe property from which the discharge
is to occur and the applicant for the permit if other than the owner. The persons signing the
application on behalf of an entity shall be at least of the level of vice president, general partner, or
one
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an individual responsible for the overall operation of the facility or property and meeting the
conditions of the requested permit, or a person meeting the federal requirements for NPDES
applications as specified in title 40 of the CFR; and
(b) Volume of wastewater to be discharged; and
(c) Estimated wastewater constituents and characteristics; and
(d) Time and duration of discharges; and
(e) Average and thirty (30) minute peak wastewater flow rates, including daily, monthly,
and seasonal variations, if any; and
(f) Site plans, floor plans, and mechanical and plumbing plans and details, sufficient to show
alt sewers and appurtenances by size, location, and elevation; and
(g) Description ofall activities, facilities, and plantprocesses onthe property that may in any
way relate to the discharges, including types of materials that are or could be discharged; and
(h) Each product produced by type, amount, and rate of production that may in way relate
to the discharges; and
(i) Hours of work and activities at the property.
The director may require such additional information as the director needs in order to determine
whether the proposed discharge will comply with the requirements of this chapter.
Section 15.10.074 Determination on permit application.
(a) Following review of the application and receipt of such information as the director may
require, the director shall determine whether to approve or deny the permit or permit amendment
being sought. The director will grant the permit if.
(1) The applicant has complied with all applicable requirements ofthis chapter and applicable
city, county, state, and federal regulations, laws, and orders regarding the proposed discharge; and
(2) The applicant has furnished all information requested by the director; and
(3) The director determines that there are adequate devices, equipment, chemicals,
personnel, and other facilities to sample, meter, convey, treat, and dispose of the proposed
discharges; and
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(4) The persons to be responsible for treatment and control of the proposed discharges are
adequately trained and capable of consistently complying with permit requirements; and
(5) The applicant and the property owner have expressly agreed to the conditions applied
by the director pursuant to subsection (b) below.
(b) In granting such an application, the director will condition the permit in order to ensure
compliance with
this
chapter and applicable city, county, state, and
federal regulations, laws, and
orders regarding
the
proposed discharge, which may include but are not limited to the following:
(1) Limits on the average and maximum wastewater constituents and characteristics;
(2) Requirements for installation and maintenance of flow monitoring, inspection, and
sampling facilities;.
(3) Specifications and pretreatment requirements for monitoring programs which may
include sampling locations, frequency of sampling, number, types and standards for tests and
reporting schedule;
(4) Compliance schedules;
(5) Requirements for submission of technical reports or discharge reports;
(6) Requirements for maintaining and retaining plant records relating to wastewater
discharge as specified by the City and affording the City access thereto;
(7) Requirements for notification to the City of any new introduction of wastewater
constituents or any significant change in the volume or character of the wastewater constituents
being introduced into the wastewater stream;
(8) Requirements and plans for protection against accidental discharges, including but not
limited to berming of chemicals and waste materials. The review and approval of such plans and
operating procedures shall not relieve the user from the responsibility of modifying the facility as
necessary to provide the protection necessary to meet the requirements of this Code or other state
or federal regulations.
(9) Requirements for notification of accidental discharges.
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Section 15.10.076 Permit denial.
(a) Notwithstanding section 15.10.074 above, the director shall deny a wastewater
discharge permit, other permit, or amendment to a permit under this chapter if the director
determines that one or more of the following exist:
(1)
The
application is not
accompanied by required fees and
charges; or
(2)
The
application contains
incomplete, false or misleading
information; or
(3) The issuance of the requested permit .would result in the discharge of wastewater or
other substances that would endanger the public health or safety or public or private property; or
(4) The issuance of the requested permit would cause the plant or the sewerage system to
violate any applicable permit conditions, laws, regulations, or orders of the city, county, state or
federal government; or
(5) The applicant has not provided sufficient information to establish that its discharge will
comply all requirements of this chapter and with such other terms and conditions as the director
deems necessary to apply to the requested permit; or
(6) The applicant has not provided pans for sufficient protection from accidental discharges
to the land, storm sewer system, or sanitary sewer system.
Section 15.10.078 Non -transferability.
No permitholder shall assign, transfer, sell any permit issued under this chapter nor use any
such permit for or on any premises or for facilities or operations or discharges not expressly
encompassed within the underlying permit. No person shall discharge any industrial wastewaters
in excess of the quality or quantity limitations set by the terms and conditions of the permit without
first obtaining approval of an amendment to the permit pursuant to this chapter.
Section 15.10.080 Permit amendment.
(a) Any permitholder may apply at any time for an amendment to a permit issued under this
chapter Yo amend the terms and conditions of the permit. Such an application will be processed in
the same manner as an original application.
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(b) Each permit issued pursuant to this chapter shall be automatically amended to include
any more stringent, applicable federal or state requirements, regulations, laws, or orders for
discharges than are contained in the permit or in this chapter. The director will endeavor to give
notice of changes in reporting requirements, but permitholder shall be responsible for complying
with more stringent limitations with or without notice from the city.
(c) In order to protect the health and safety of the community or to comply with an
applicable federal, state, or county order, regulation, or law, the director may order an amendment
to an existing permit at any time upon reasonable notice, Reasonableness of the notice will be
determined by the urgency of the danger or the terms of the federal or state order, regulation, or
law.
Section 15.10.082 New sources.
(a) New sources of industrial waste discharges shall be in full compliance with the
provisions of this chapter at the tune of commencement of discharge. Dischargers of new sources,
upon request of the director, shall complete a waste minimization study in accordance with
guidelines published by the director, and shall certify that measures have been taken to minimize
toxic constituents in the discharge.
(b) The owner of every newly constructed, remodeled, or convert
ed commercial or
industrial facility shall comply with the following requirements upon commencement of discharge.
These requirements shall apply to remodeled or converted facilities to the extent that the port
ion
of the facility being remodeled or convert
ed is related to the subject of the requirement:
(1) Interior (indoor) floor drains to the sewer system may not be placed in areas where
hazardous materials, hazardous wastes, industrial wastes, industrial process water, lubricating fluids,
vehicle fluids or vehicle equipment cleaning wastewater are used or stored, unless secondary
containment is provided for all such materials and equipment. The director may allow an exception
to this requirement under the following circumstances:
(A) When the drain is connected to a wastewater treatment unit approved by the
director;
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(B) (For safety showers) When the drain is installed with a temporary plug which
remains closed except when the shower is in use, or when the drain is protected from spills
by either a covered sump or berm system. If a sump is used, the capacity shall be at least as
large as the largest chemical container in the laboratory;
(C) (For industrial process equipment) Ifthe equipment does not contain hazardous
waste and if all floor drains are equipped with fail-safe valves which shall be kept closed
during periods of operation
(2) Exterior (outdoor) drains may be connected to the sewer only if the area in which the
drain is located is covered or protected from rainwater run-on by berms and/or grading, and
appropriate wastewater treatment approved by the director is provided. Any loading dock area with
a sanitary sewer drain shall be equipped with a fail-safe valve, which shall be kept closed during
periods of operation.
(3) Interior floor drains shall not be connected to the storm drain.
(4) Exterior drains shall be connected to the storm drain. Such connections shall not be
permitted within the following areas:
(A) Equipment or vehicle washing areas;
(B) Areas where chemicals, hazardous materials, or other uncontained materials are
stored unless secondary containment is provided;
(C) Equipment or vehicle fueling areas or fluid changing areas;
(D) Loading docks where chemicals, hazardous materials, grease, oil, or waste
products are handled.
(5) Fueling areas shall have impermeable floors and rain covers that extend a minimum of
ten feet in each direction fr
om each pump.
(6) Roof drains may discharge to the storm drain system, provided that all roof equipment,
tanks, and pipes containing other than potable water, cooling system water, or heating system hot
water have secondary containment.
(7) Boiler drain lines shall be connected to the sewer system and may not be discharged to
storm drain system
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(8) Condensate lines shall not be connected or allowed to drain to the stone drain system.
(9) Copper, copper alloys, lead and lead alloys, including brass, shall not be used in the
sewer lines, connectors, or seals coming in contact with sewage, except for sink traps and associated
connecting pipes.
(10) Secondary containment shall be provided for exterior work areas where motor oil,
brake fluid, gasoline, diesel fuel, radiator fluid or other hazardous materials or hazardous wastes are
used or stored. Drains shall not be installed within the secondary containment areas. The director
may allow a drain for work areas (but not for hazardous storage areas) if the secondary containment
area is covered and if the drain is connected to a wastewater treatment facility approved by the
director.
(11) Sacrificial zinc anodes are not permitted Yo be in contact with the water supply in a
water distribution system.
(12) Aspirators connected to laboratory sink faucets are prohibited; however, aspirators
designed and used for transferring acids and bases from stationary permanent laboratory sinks to
treatment facilities shall be allowed.
(13) Laboratory countertops and laboratory sinks shall be separated by a lip which prevents
hazardous materials spilled on the countertop fr
mn draining to the sink.
(14) Sewer traps below laboratory sinks shall be made of glass or other approved
transparent materials to allow inspection and to determine frequency of cleaning. Alternatively, a
removable plug for cleaning the trap may be provided, in which case a cleaning frequency shall be
established by the director. In establishing the cleaning frequency, the director shall consider the
recommendations of the facility. The director will grant an exception to this requirement for areas
where mercury will not be used; provided, that in the event such an exception is granted and
mercury is subsequently used in the area, the sink trap shall be retrofitted to meet this requirement
prior to use of the mercury.
(15) Swimming pool discharge drains shall not be connected directly to the storm drain
system or to the sewer system. When draining is necessary, a hose or other temporary system shall
be directed into a sewer (not storm drain system) clean out. A sewer clean out shall be installed in
June 19, 2000 36
I a readily accessible area.
2 (16) Food service facilities shall have a sink or other area for cleaning floor mats, containers,
3 and equipment, which is connected to a grease interceptor and the sanitary sewer. The sink or
4 cleaning area shall be large enough to clean the largest mat or piece of equipment to be cleaned.
5 New buildings constructed to house food service facilities shall include a covered, bermed area for
6 a dumpster.
7 (17) Parking garage floor drains on interior levels shall be connected to an interceptor and
8 to the sanitary sewer system.
9
10 Section 15.10.084 Compliance schedules.
11 In the event that an industrial waste discharge permitholder or applicant should be affected
12 by a newly promulgated waste discharge standard or an existing discharge permitholder is
13 reclassified as being subject to the categorical standards provided in the pretreatment regulations
14 due to process changes, or an inspection reveals the presence of regulated processes, or new
15 information becomes available thatjustifies or requires a reclassification, the discharger shall, within
16 ninety days of the effective date of a categorical standard or reclassification, file a baseline
17 monitoring report [BMR]. If additional pretreatment or additional operation at and maintenance
18 procedures or installation of facilities, equipment or improvement, will be required to meet the
19 pretreatment regulations, the discharger shall include a compliance time schedule which specifies
20 the shortest schedule by which the discharger will provide such additional pretreatment procedures
21 or facilities, equipment or improvements to attain compliance For purposes of pretreatment
22 regulations, the completion date in this schedule shall not be later than the established compliance
23 date provided by the applicable pretreatment regulations.
24
25 Section 15.10.088 Revocation, suspension, or modification of permit.
26 (a) In addition to any other remedies that may be provided to enforce the provisions of this
27 chapter, any permit issued pursuant to this chapter may be revolted, made subject to additional
28 terms or conditions, modified or suspended by the director in addition to other remedies provided
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by law, when such action is necessary in order to stop a discharge or a threatened discharge which
presents a hazard or a threat of hazard to the public health, safety, welfare, natural environment,
sewer system, or which violates this chapter, or which action is intended to implement programs or
policies required or requested of the city by appropriate state or federal regulatory agencies
(b) Any discharger notified of the city's intent to revoke, make subject to additional terms
or conditions, modify, or suspend the discharger's permit shall immediately comply with directives
of the director or cease and desist the discharge of all industrial wastes or such portion of said
wastes as will eliminate the wrongful discharge to the sewer system pending any hearing that the
discharger may request as set forth in this chapter.
(c) The director shall reissue or reinstate any industrial wastes permit or modified permit
upon proof of satisfactory ability to comply and/or compliance with all discharge requirements, and
the payment of any costs, fines, or penalties which may be assessed. The director may require any
permitholder to develop and implement a compliance schedule for any proposed modification to
permit terms and conditions.
(d) The city will have the authority to comply with the public participation requirements of
40 CFR part 25 in the enforcement of National
Pretreatment Standards by annually providing public
notification in local newspapers. This notification may consist of a list of industrial users that,
during the previous twelve (12) months, were in significant non-compliance of applicable
pretreatment standards or other pretreatment requirements.
Section 15.10.090 Appeal of decision of director.
(a) Any person dissatisfied with the decision of the
director to issue, deny, condition, amend,
suspend, revoke, or modify any permit pursuant to this chapter may file a written appeal with the
city manager. Such an appeal shall only be effective if the appeal is filed in writing together with
any applicable fees with the city manager no more than ten (10) days following the date of the
decision by the director.
(b) The director shall give the industrial waste discharger applicant or permitholder ten
calendar days' written notice of intent to issue or deny the application or to revoke, make subject
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to additional terms or conditions, modify or suspend the discharger's permit. The director shall post
a copy of such notice at city hall for interested persons. The notice shall set forth specifically the
grounds for the director's intention to deny, revoke, or suspend and shall inform the applicant or
permitholder or members of the public that they have ten days from the date of receipt of the notice
to file a written request for a hearing. The application shall be issued or denied or the permit shall
be revoked, modified or suspended if a hearing request is not received within the ten-day period.
(c) If the applicant or permitholder or interested party or parties files) a timely hearing
request, the city manager, or manager's designee; shall within ten calendar days from the receipt of
the request, set a time and place for the hearing. All parties involved shall have the right to offer
testimonial, documentary, and tangible evidence bearing on the issues and to be represented by
counsel. The decision of the city manager, or the manager's manager's designee, whether to issue
or deny the application or revoke, make subject to additional terns and conditions, modify or
suspend the permit shall be final.
Section 15.10.092 Public access and confidentiality of information.
(a) It is the intent of this chapter that the procedures and enforcement conducted pursuant
to this chapter be conducted openly and publicly whenever possible. Pursuant to state law, the
information filed and submitted by applicants, permitholders, and other interested persons shall be
public record and open for public review.
(b) However, when permitt
ed by state law, information submitted to the city pursuant to this
chapter maybe claimed as confidential by the applicant or permitholder. Any such claim must be
asserted at the time of submission in the manner prescribed on the application form or, in the case
of other submissions, by stamping the words "confidential business information" on each page
containing such information. Information submitted prior to the inclusion of this section in the
chapter may be withdrawn and replaced by submittals stamped "confidential business information."
If no such claim is made at the time of submission, the information may be made available to the
public without further notice. Upon receipt of a request for the release of information to the public
which includes information which the applicant or permitholder has notified the city is claimed to
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be a trade secret as provided herein, the city shall notify the discharger in writing of the request by
certified mail, return receipt requested. The city shall release the information to the public, but not
earlier than thirty (30) days after the date of mailing the notice of the request for information, unless,
prior to the expiration of the thirty (30) day period, the applicant or permitholder files an action in
an appropriate court for a declaratory judgment that the information is subject to protection under
the laws of the state of California or for an injunction prohibiting disclosure of the information to
the public and immediately notifies the city of that action. This section does not permit any person
to refuse to disclose the information required pursuant to this chapter to the city.
(c) Information and data provided to the city pursuant to this section that constitutes a
description of wastewater constituents and characteristics, effluent or flow data, and effluent
concentrations shall be available to the public without restriction. A discharger may be prohibited
from discharging a substance unless its composition is made known to the city.
(d) Notwithstanding subsection (b) above, the information shall be made available upon
written request to other governmental agencies for uses related to this chapter, the NPDES
permitting system, or other similar pollution regulatory programs.
Section 15.10.094 Reporting requirements.
(a) All permitholders shall submit periodic reports to the director. Specific reporting
requirements will be specified in the underlying permit or in controlling directives or violation
notices. Minimum reports required will be:
(1) Baseline monitoring report
s (BMR);
(2) Compliance report
s, which will be submitted within ninety (90) days of the compliance
date calculated pursuant to the applicable pretreatment standards or local standards.
(3) Periodic discharge report
s, which may include but not be limited to, nature of process,
volume, rate of flow, mass emission rate, production quantities, hours of operations, number and
classification of employees, or other information that relates to the generation of waste including
wastewater discharge. These reports will indicate whether applicable pretreatment standards and
discharge limits are being met during the reporting period. These reports may also include the
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chemical constituents and quantity of liquid or gaseous materials stored on site, even though they
are not normally discharged.
(b) A zero discharge report may be required to certify that a discharger does not discharge
industrial waste to the sanitary sewer system.
(c) In order to be complete, any report filed pursuant to this section shall contain a
certification statement reading as follows:
"I certify under penalty of perjury that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gathered and evaluated the information submitted. Based on
my inquiry of the person or persons directly responsible for gathering the information, the
information submitted is to the best of my knowledge and belief , true, accurate, and
complete."
This certification statement shall be signed by the responsible corporate officer, manager, general
partner, or duly authorized representative of the discharger and makes that person legally
accountable for the information submitted.
(d) It is a violation of the underlying permit to fail to timely file or refuse to file a report
required pursuant to this section.
Section 15.10.096 Water conservation.
The director may require a discharger to evaluate water conservation measures for industrial
process water as a part
of any pre -construction audit, industrial wastewater discharge permit
application, mass audit study (MAS), reasonable control measures plan (RCMP), best management
practices (BMP) or at any other time deemed necessary by the director. The director
may require implementation of water conservation measures that are found to be cost effective.
� Section 15.10.098 Monitoring.
(a) All monitored discharges shall be analyzed and tested according to procedures outlined
in 40 CFR 136,
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(b) Each discharger shall provide at its own expense monitoring facilities to allow inspection,
sampling, and now measurements of the building
sewer and
internal drainage
systems. The
monitoring facility should normally be located on the
discharger's
premises, but the
city may, when
such a location would be impractical or cause undue
hardship on
the discharger, allow
the facility
to be located in the public street or sidewalk area,
so long as
an encroachment
permit is first
obtained and it will not pose any hazard or inconvenience
to vehicle
or pedestrian
traffic.
(c) A monitoring facility shall allow ample room to allow accurate sampling and preparation
of samples for analysis and shall be located so that it is not obstructed by landscaping or parked
vehicles. The facility, sampling, and measuring equipment shall be maintained in a safe and proper
operating condition at all times at the expense of the discharger.
Section 15.10.100 Self-monitoring.
(a) As a permit condition, the director may require the discharger to conduct a sampling and
analysis program of discharger's industrial waste of a frequency and type required by the director
to demonstrate compliancewith the requirements of this chapter. The discharge permit shall specify
the minimum frequency and type of samples, flow monitoring, measuring, and analyses to be
conducted by the discharger. The permit may also specify the type of sampling equipment and flow
monitoring equipment which must be installed and used. The required self-monitoring program will
depend on factors such as flow, potential for the discharge to cause interference, pass-through, or
upset of treatment processes, pollutants present, and prior compliance history (if any) of the
discharger. Additional monitoring may be required by the director for violation follow-up, assisting
the city in evaluating effects of the discharge, or as part of a compliance directive or notice of
violation.
(b) The director may require self-monitoring for facilities for which a permit has not been
issued. In addition, the director may require investigations or studies to determine methods of
reducing toxic constituents in the discharge. The director may also request that information be
submitted within a reasonable time concerning the chemical or biological constituents of any
substance or chemical product that could potentiallybe discharged to the sewer system or the storm
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drain system or which the director determines may, alone or in accumulation with other discharges,
contribute to a violation by the plant of any applicable water quality standards or of any of its
NPDES permits or contribute to an upset of plant processes.
Section 15.10.102 Inspection and sampling.
(a) The director, or any authorized representative of the director, county health officer, or
state or federal government agency related to pollution regulation, may conduct all inspection,
surveillance, sampling, photographing, measuring, observing, and monitoring procedures necessary
to assure compliance with applicable sections of this chapter, any applicable permit issued pursuant
to this chapter, and applicable county, state, and federal orders, regulations and laws.
(b) The director and these authorized representatives shall be authorized, and the owner and
occupants of any premises where wastewater is discharged or created shall allow these
representatives to enter without unreasonable delay during all hours of discharge and hours of
operation of the premises to conduct these procedures.
(c) The director and these authorized representatives shall further have the right, and the
owner and occupants of any premises where wastewater is discharged or created shall allow these
representatives to set up on the premises any devices necessary to conducting sampling, inspection,
compliance monitoring, or metering operations.
(d) The director and these authorized representatives shall further have the right to inspect
and copy any and all records related to the quantity and quality of wastewater discharges, building
systems, and chemical and hazardous material usage, as well as those records supporting any reports
submitted by the discharger or required by the underlying discharge permit. These records shall be
made available by the discharger at either the premises themselves, the department of public works,
or another location within the city designated in writing by the dischargers.
(e) Any unreasonable refusal to provide access and records as required by this section shall
be grounds to terminate all sewer serv
lune 19, 2000
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Section 15.10.104 Charges and fees.
The city council may adopt charges and fees to implement this chapter. Those fees and
charges may include civil penalties.
Section 15.10.106 Accidental discharges.
Dischargers shall notify the city immediately upon accidentally discharging wastes in
violation of this chapter or the discharger's permit in order to enable countermeasures to betaken
by the city and other government agencies to minimize damage to the community sewer, plant,
treatment processes, and waters of the city and the state. The discharger shall file a detailed written
statement with the city within fifteen (15) days of the accidental discharge that describes the causes
of the discharge and the measures being taken to prevent any further occurrence. Compliance with
this section will not relieve the discharger of liability for any expense, loss, or damage to the sewer
system, plant, or treatment process, or for any fines imposed on the city on account thereof under
the Water Code or Fish & Game Code.
Section 15.10.108 Employee training and notice.
(a) Permitholders shall inform appropriate employees of the provisions of this chapter by
conducting orientation of new employees involved in permit -related activities and annual training.
(b) Permitholders shall provide areas for posting of information
regarding pollution control,
and in all cases, shall post signs or notices indicating approved methods for disposition of wastes
and report
ing requirements for accidental discharges and increased loadings with telephone numbers
for appropriate response agencies.
Section 15.10.110 Disposal of unacceptable waste.
Waste not permitted to be discharged into the community sewer shall be transported to a
state -approved disposal site. The required Waste Haulers Report
June 19, 2000
y days to the city by the discharger.
shall be completed and a copy
furnished within thirt
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Section 15.10.112 Protection of streams and watercourses.
It is unlawful to discharge to any stream or watercourse any sewage, industrial wastes or
other polluted waters.
Section 15.10.114 Illegal sewer uses.
Any use of any sanitary sewer system that does not conform to the regulations established
in this chapter is illegal. Within thirty days following notice by the city engineer that an illegal use
exists, corrective measures to eliminate the illegal use shall be made by the owner or responsible
party except that in cases where extensive or exceptional repairs or replacements to existing
installations are required, the city engineer may grant extensions of time or consent to temporary
remedial arrangements.
Section 15.10.114 Agreements in exceptional cases.
(a) Discharge of wastes not meeting the requirements stated in this title may be permitted
by special agreement between the discharger and the city, so long as the agreement conforms to
state and federal limitations.
(b) The city shall have the right to disallow exceptional discharges, prescribe pretreatment
of some types of industrial wastes and to establish surcharges based on the cost of handling
exceptional wastes in the city's sewage collection and treatment system.
Section 15.10.116 Civil penalties.
(a) Pursuant to Govern
ment Code section 53069.4, the city may impose civil penalties on
persons who violate the provisions of this chapter in addition to any other remedies that the city or
any other government agency may have. Civil penalties of up to ten thousand dollars ($10,000) per
day for each violation maybe imposed.
(b) The process by which such civil penalties are determined and reviewed will be the same
as and a part
of the process by which a violation of the sanitary sewer use rules and regulations is
determined and reviewed as adopted by the Council by resolution from time to time.
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(c) If such a process is not applicable, any person may appeal the imposition of a civil
penalty under this chapter by filing a notice of appeal with the city manager within fifteen (15) days
of the notice of imposition of a civil penalty. The city manager will fix a time and place for hearing
the appeal and give notice in writing to the appellant of the time and place of hearing by serving it
personally or by depositing it in the United State mail, postage prepaid, addressed to such person
at the address appearing on the notice of appeal. At the hearing on the appeal, the city manager shall
receive testimony from the appellant and the city officers or employees recommending the penalties.
The decision of the city manager shall be in writing, shall be served on the appellant in the same
manner as prescribed for the notice of hearing, and shall be a final administrative decision.
(d) Any civil penalties imposed under this chapter may be collected in the same manner as
other sanitary sewer charges and fees. The imposition of civil penalties shall not preclude in any
way the imposition of additional requirements, charges, damages, or criminal sanctions that may be
required or imposed by the city or any other person.
(e) Any person contesting a decision on a civil penalty shall be bound by the requirements
of Government Code section 53069(b).
(f) The city may petition the superior court to impose, assess, and recover these civil penalty
sums. In determining whether to enforce the civil penalties, the court will take into consideration
aH relevant circumstances, including but not limited to, the extent of harm caused by the violation,
the nature and persistence of the violation, the length of time over which the violations occurred,
and corrective action, if any, taken.
Section 15.10.118 Show cause hearing.
(a) The director may order any user who causes or allows an unauthorized discharge to
enter the sanitary sewer system to show cause before the city manager or the city council why a
proposed enforcement action should not be taken. A notice will be served on the user specifying
the time and place of the hearing and the proposed enforcement action and reasons therefore. The
notice will be served personally or by registered or certified mail at least ten (10) days before the
scheduled hearing.
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(b) After reviewing the evidence and testimony presented at the hearing, the city manager
or the city council, as applicable, may make such orders as the manager or council deems
appropriate with due regard to the violations, if any.
Section 15.10.120 Abatement.
(a) In addition to any other remedies provided by law, the director shall have the power to
disconnect the user sewer system from the sewerage works. Upon disconnection, the city will
estimate the cost of the re -connection to the system, and this user shall deposit the cost of
disconnection and estimate re -connection before the user is reconnected to the system. The city will
refund any part of the deposit remaining after payment of all costs of disconnection and re-
connection.
(b) During the period of disconnection, any habitation or occupancy of the premises shall
constitute a public nuisance.
Section 15.10.122 Correction of violation and emergency action.
(a) Tn orderto enforce the provisions ofthis chapter, the city may correct any violation. The
cost of such correction, including installation of additional pretreatment facilities shall be added to
any sewer service charges and fees on the premises and collected in the same manner as other sewer
service charges and fees.
(b) In case of emergency, the city may take such steps and obtain such warrants as necessary
to enter and correct any illegal discharge or permit violation that pose an imminent threat to public
health or safety.
(c) Any sewer or sewerage maintenance expenses attributable to a violation ofthis chapter
or a permit issued underthis chapter, including excessive preventative maintenance or cleaning, will
be charged to the offending discharger by the city. Any refusal to pay such maintenance expenses
duly authorized by the city shall constitute a violation of this code.
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Section 15.10.124 Injunction.
In addition to any other remedy provided in this code or by law, the city may petition the
superior court or the federal district court for the issuance of a temporary restraining order,
preliminary injunction, or permanent injunction, as maybe appropriate, restraining any person from
a violation of this chapter.
Section 15.10.126 Falsifying -information or tampering with processes.
(a) It is unlawful to:
(1) Knowingly or recklessly make any false statement, representation, record, report, plan,
or other document filed with the city in connection with this chapter; or
(2) Falsify, tamper with, or knowingly or recklessly render inaccurate, any monitoring device
or method or access point; or
(3) Divert flow from any monitoring device or equipment installed or operated pursuant to
this chapter or any permit issued under this chapter.
(b) In addition to any other remedy provided in this code or by law, any such illegal activity
will be grounds for revocation of the underlying permit.
Section 15.10.128 Compliance with federal pretreatment regulations.
Notwithstanding any provision in this chapter, no industrial user shall discharge, cause, allow
or permit any discharge into the sanitary sewer system in violation of any federal or state regulation
regulating discharges by such users, including but not limited to the Federal Pretreatment
Regulations found in title 40 of the CFR. Any pretreatment facilities required by those regulations
or this chapter shall be provided, operated, and maintained at the user's expense.
Section 3. This ordinance shall be published as required by law.
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I, ANN T. MUS SO, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 19th day
of June , 2000, and adopted thereafter at a regular meeting of the City Council held on the 5thday
of July , 2000, by the following vote:
AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPINE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
L f y.
Deputy City Clerk
C:\WP51\PILES\ORDINANC\SEWERRULESfinal. W YD
June 19, 2000