HomeMy WebLinkAboutItem 7a. Introduce Ordinance amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water and Sewer), and Title 15 (Plumbing Code) Item 7a
Department: Utilities
Cost Center: NA
For Agenda of: 4/2/2024
Placement: Public Hearing
Estimated Time: 60 minutes
FROM: Aaron Floyd, Utilities Director
Prepared By: Chris Lehman, Deputy Director – Wastewater
Mychal Boerman, Deputy Director – Water
SUBJECT: INTRODUCE AN ORDINANCE AMENDING TITLE 8 (SOLID WASTE),
TITLE 12 (STORMWATER), TITLE 13 (WATER AND SEWER), AND TITLE
15 (PLUMBING CODE) OF THE MUNICIPAL CODE
RECOMMENDATION
Introduce a Draft Ordinance entitled, “An Ordinance of the City Council of San Luis
Obispo, California, amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water
and Sewer), and Title 15 (Plumbing Code) of the City of San Luis Obispo Municipal Code.”
REPORT-IN-BRIEF
The proposed modifications and additions to multiple titles with in the City’s municipal
code aim to address various issues such as 1) solid waste management, 2) stormwater
quality, 3) water and sewer services, and 4) plumbing code related to grease control
devices.
In Title 8, concerning Health and Safety, revisions f ocus on regulating access to trash
bins and complying with California State law AB1276 regarding single use foodware
accessories and condiments.
Title 12 revisions center on stormwater quality management and discharge control,
aligning with California State regulations and addressing private property drainage
maintenance disputes.
Title 13 revisions cover water and sewer services, with updates reflecting California State
water conservation regulations, cross-connection control, and concerns related to theft
and unauthorized use of utility infrastructure. Sewer revisions target controlling Sanitary
Sewer Overflows (SSOs) through improvements to the sewer lateral programs, and
managing Fats, Oils, and Grease (FOG) discharge.
Title 15 revisions pertain to building and construction codes, including minor additions to
plumbing standards to accommodate updated sizing calculations for grease control
devices.
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Overall, these proposed revisions seek to enhance public health and safety,
environmental protection, and regulatory compliance within the City’s municipal code.
They address emerging challenges and ensure alignment with state laws and regulations
governing various aspects of municipal services and infrastructure.
POLICY CONTEXT
Proposed updates to the City’s existing municipal code ensure the protection of the health
and safety of community members, the protection of City-owned infrastructure, and the
protection of the environment. The proposed municipal code revisions are in alignment
with state and federal laws regulating the conveyance of water, wastewater, and
stormwater and with services related to solid waste and recycling. Proposed municipal
code updates align with Major City Goals related to 1) Climate Action, 2) Housing, and 3)
Fiscal Sustainability.
DISCUSSION
Modifications and additions proposed within Title 8, Title 12, Title 13, and Title 15 of the
City’s municipal code largely impact solid waste and recycling, water services, sewer
services, restaurant Fats, Oils, and Grease (FOG) management, and stormwater. This
report summarizes staff’s recommended modifications and additions to the municipal
code and is accompanied by a full list of municipal code revisions within Attachment A.
Structure of the Report
The ordinance proposed for introduction with this staff report includes recommended
changes to several sections of the City’s Municipal Code. To facilitate clarity on code
changes, this report organizes the modifications by Title, followed by a summary of the
recommended changes therein. The report then lists the significant changes in each code
section and concludes with an explanation of the potential impacts and actions that may
result from the proposed code modifications.
A. Revisions to Title 8 – Health and Safety (Solid Waste)
Title 8 includes code requirements pertaining to solid waste, including recycling and
organic waste. Proposed changes in this chapter are being driven by the following two
primary factors: (1) trash, recycling, and organics bins are being accessed by persons
other than the property owners or staff, resulting in public nuisance and potential public
and environmental health impacts; and (2) AB1276, a California State law that was made
effective on January 2022, requires all food facilities and delivery platforms to provide
single use foodware accessories and condiments only upon request. The City will serve
as the lead enforcement agency for this requirement.
Revision Summary: Municipal Code §§8.04.180 & 210 – Clearing of Waste Matter,
Debris, and Vehicles from Private Property
Requested modifications and additions to Sections 8.04.180 and 8.04.210 include the
following:
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1. The City may require restaurants or businesses to install a locking mechanism
on trash, recycling, and/or organics bin(s) if deemed necessary due to
containers not being properly secured or maintained if trash/debris or if other
environmental issues are prevalent. The cost of the locking mechanism will be
at the businesses' expense as a one-time installation fee from the garbage
company.
Revision Summary: 8.09 – Single-use foodware accessories and condiments
Requested modifications and additions to Chapter 8.09 include the following:
1. Revise Chapter 8.09 to align with California Assembly Bill 1276, which requires
all retail food facilities and food delivery platforms to provide single use
foodware accessories and condiments upon request only. Single use foodware
items cannot be bundled together. Single use foodware accessories and
condiments can only be provided upon request, except at drive -throughs and
airports, where staff can ask if a customer wants sin gle use foodware
accessories. Food facilities using third-party delivery platforms can only provide
single use items and condiments that have been requested by a customer
during the online ordering process. Foodware items covered by the law include
single use utensils, straws, chopsticks, stirrers, and condiment cups and
packets. Facilities found in violation of the law may be fined if education and
outreach efforts are not effective. Self-serve stations are allowed if items are
not bundled or wrapped.
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B. Revisions to Title 12 – Streets, Sidewalks and Public Places (Stormwater)
Title 12 includes code requirements relating to streets, sidewalks, and public places. The
chapter in focus, 12.08, is the City’s stormwater quality ordinance. Changes in this
chapter are being driven by the California State Municipal Separate Storm System (MS4)
regulations and clarity around drainage maintenance responsibilities on private property.
Revision Summary: Chapter 12.08 – Urban Stormwater Quality Management and
Discharge Control
Requested modifications and additions to Chapter 12.08 include the following:
1. New and modified clarifying definitions of specific terms, including “incidental
runoff” and “property owners” as defined in Section 12.08.030.
2. Erosion and Sediment Control Plan Submittals, and Stormwater Pollution
Prevention Plan (SWPPP) submittals and related maintenance requirements
are required for persons involved in operations or owning facilities which may
result in pollutant discharge, as defined in Section 12.08.150.
3. Storm control measure (SCM) inspection requirement prior to occupancy, as
defined in Section 12.08.220.
4. Clean up and abatement time requirements for discharges and other
stormwater pollution, as defined in Section 12.08.240.
Potential Impacts of Proposed Changes to Title 8 - Health and Safety (Solid
Waste)
Staff and business owners have witnessed issues related to the unauthorized removal
of items from waste bins, resulting in problematic amounts of debris being scattered
around the area of waste containers. Working with the City’s contract solid waste
hauler, staff are recommending the ordinance change to require sites to have locking
mechanisms installed on waste bins where issues have repeatedly occurred, and
voluntary installation has not occurred, following outreach and education. Preliminary
feedback from business owners indicates that voluntary compliance will be successful.
Other recommended changes include the updating of the City’s existing single use
straw ordinance to include condiments and foodware as stated in and required by
California Assembly Bill 1276. This change is reflective of current state law and these
changes would likely result in less used single use foodware and condiment containers
ending up in landfills and in the environment. While preliminary feedback from business
owners indicates that voluntary compliance will be successful, the City and the
Integrated Waste Management Authority (IWMA) will refine and expand outreach and
education efforts this year. These efforts will include social media posts, distribution of
informational stickers for restaurant owners to display, and helpful links on each
agency’s website. If a resident notices potential non-compliance, they will be directed
to submit a concern through the IWMA’s website. The IWMA will perform initial
outreach, and if it is determined that the business is not in compliance, they will provide
the necessary information to the City to enforce.
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C. Revisions to Title 13 – Public Services (Water and Sewer)
Title 13 includes code requirements related to water and sewer public services provided
to the community. This chapter discusses water conservation requirements as well as
code requirements associated with potable water, recycled water, and sewer service
delivery. Changes in the water sections of this chapter are being driven by updates to
California State water conservation regulations, recycled water and cross connection
control program code improvements, and concerns with tampering, theft, and
unauthorized modification or use of City owned utility infrastructure.
Sanitary sewer code changes are required to control Sanitary Sewer Overflows (SSOs)
and to manage increased sewer maintenance requirements resulting from Fats Oils and
Grease (FOG) discharge to the City-owned sanitary sewer system. Staff are also
proposing code updates that reflect feedback received from the community at outreach
events related to the sewer lateral offset program and sewer backflows into private
residences and businesses.
Revision Summary: Chapter 13.04 – Water Service
Requested modifications and additions to Chapter 13.04 include the following:
1. The addition of Subsection 13.04.060(H), which allows the City to disconnect
a customer from water service at the City’s water main to prevent water theft or
a risk to public health and safety.
2. The addition of Section 13.04.070, which authorizes the City to issue a penalty
of up to $1,000 and pursue cost recovery if an individual tampers with a
curbstop, water meter, backflow device, or fire hydrant with the intent of stealing
water from the City.
3. The addition of Subsection 13.040.130(D)(5), which authorizes the City to bill
a customer and recover all associated costs if a customer intentionally removes
and reinstalls their water meter backwards with the intent of defrauding the City
of water revenue.
4. The addition of Subsection 13.040.130(K), which references California Green
Building Code standards for the addition of submeters.
Potential Impacts of Proposed Changes to Chapter 12.08 – Urban Stormwater
Quality Management and Discharge Control
The proposed modifications to Chapter 12.08 are in alignment with the conditions and
program requirements detailed in the City’s MS4 stormwater permit. The inclusion of
the definition of “property owner” clarifies maintenance responsibilities for private
drainage systems and includes language for joint property ownership and common
interest developments, including homeowner’s associations. Items two through four
memorialize existing practices for consistent application, which are defined and
required by the City’s MS4 permit.
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5. The addition of language to Subsection 13.04.150(E) that authorizes staff to
trim or remove plants and other materials to access water meter boxes in case
of emergency or if the customer neglects to provide reasonable access.
6. The addition of language to Subsection 13.04.150(F) that authorizes
individuals to install remote flow monitoring devices on City-owned water
meters with Utilities Department Director approval.
7. The addition of Subsections 13.04.160(B-D), which authorize the City to require
backflow prevention device installation on sites adjacent to those utilizing
recycled water, require that parcel owners maintain backflow devices in
accordance with local, state, and federal law, and that the City has the right to
discontinue water service to any property that does not comply with backflow
device maintenance and/or inspection requirements.
8. The addition of language to Subsection 13.04.200(A), and the addition of
Subsection 13.04.200(B), which regulate the use of City owned and privately
owned fire hydrants that are connected to the City’s water distribution system,
with the intent of reducing water theft and the potential for damage to City
infrastructure resulting from unauthorized use of this infrastructure.
9. The addition of Subsection 13.04.240(D), which, in alignment with the State’s
Executive Order N-7-22, ensures that prior to the installation of a new
groundwater well, or the alteration of an existing well, that a property owner
receive written permission from the City, ensuring that the action is not
inconsistent with the adopted Groundwater Sustainability Plan.
10. The addition of language to Section 13.04.250 that increases the penalty for
unauthorized operation of City-owned, water conveying infrastructure to an
amount not to exceed $1,000. This section is also being amen ded to allow an
employee and employer to be held jointly and severally liable for such action.
Revision Summary: Chapter 13.06 – Mandatory Indoor Plumbing Retrofit Standards
Requested modifications and additions to Chapter 13.06 include the following:
1. Defining “low-water-use plumbing fixtures”, included in Section 13.06.010, to
comply with the California Green Building Code.
Potential Impacts of Proposed Changes to Chapter 13.04 – Water Service
The majority of impacts associated with the proposed changes to the above-stated
water-related sections of the municipal code would be to those individuals or parties
involved in illegal activities related to water theft or the illegal operation of City-owned
infrastructure.
There may also be impacts to parties that intend to install new groundwater wells or
alter existing groundwater wells within the San Luis Obispo Valley Groundwater Basin.
This code section, in alignment with State law, would ensure that the addition of new
groundwater wells, or expansion of an existing well, would not impact local
groundwater supplies.
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2. The addition of language to Section 13.06.050 that allows home inspectors, in
addition to plumbers and contractors, to inspect and verify the use of low-flow
fixtures to meet compliance with program requirements.
3. The addition of Subsection 13.06.080(C), which clarifies that if non-compliance
with code requirements is appealed, the decision of the appeals board shall be
considered final, and the party aggrieved by the decision may seek judicial
review with the San Luis Obispo Superior Court.
4. Modifications to Section 13.06.090 that clarifies enforcement, citation, and fines
due to non-compliance with code requirements will be subject to enforcement
provisions outlined in Chapter 1.12 and Chapter 1.24 .
Revision Summary: Chapter 13.07 – Water Conservation
Requested modifications and additions to Section 13.07 include the following:
1. Modification of Section 13.07.020 to reduce the allowable time for repairs due
to “water waste runoff” from ten days to 72 hours in alignment with State
stormwater runoff requirements.
2. The modification of Section 13.07.050 regarding enforcement due to non -
compliance with code requirements, allowing the City to utilize the standard
enforcement mechanisms outlined in Chapter 1.12 and Chapter 1.24 of the
municipal code.
3. The addition of Subsection 13.07.060(D), Subsection 13.07.060(F), and
13.07.070(C)(6), which restrict the use of potable water for the irrigation of
“non-functional turf” located on specifical classifications of properties. In
compliance with California state law, restrictions are proposed to become
effective as follows:
a. January 1, 2027, for all properties owned by the California State
Department of General Services.
b. January 1, 2028, for all institutional, commercial, and industrial
properties.
c. January 1, 2029, for all common areas of properties of homeowners’
associations, common interest developments, and community service
organizations.
d. January 1, 2031, for call properties owned by local governments, local
public agencies, and public water systems within a disadvantaged
community.
Potential Impacts of Proposed Changes to Chapter 13.06 – Mandatory Indoor
Plumbing Retrofit Standards
Proposed changes to the indoor plumbing section of the municipal code would serve to
clarify terms, allow for broader qualifications of accepted plumbing fixture inspectors,
and clarify the appeals process and enforcement and penalties, if required, due to non -
compliance.
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Revision Summary: Chapter 13.08 – Sewers
Requested modifications and additions to Chapter 13.08 include the following:
1. Modifications to Section 13.08.040 would provide additional language allowing
mass-based pollutant discharge limits as an alternative method at the
discretion of the Utilities Director. This section would also require notifications
for draining pools with a volume of 500,000 or greater to the city’s sanitary
sewer.
2. Modifications and additional requirements relating to Fats, Oils, and Grease
(FOG) control (13.08.090) would apply to food service establishments in the
areas of used cooking oil handling, inspection and training requirements, and
best management practices (BMPs).
13.08.090 also proposes code updates for Grease Control Devices (GCD) in
food establishments. These are specifically related to s izing requirements,
replacement requirements, and the ability of the City to require upgrading of
improperly functioning devices. The section also proposes clarity on
maintenance and reporting requirements.
3. Modifications to Section 13.08.390 would require backwater devices to be
compliant with the California Plumbing Code and would restate that the
property owner is responsible and liable for any damage resulting from
improper device installation and maintenance.
4. Proposed language modifications in Section 13.08.395 would clarify that
private sewer lateral inspections are required for properties in common interest
developments that have systems owned and maintained by the City. Changes
also remove the deadline of January 1, 2030, for common interest development
private sewer lateral system inspections.
Changes in this section also serve to clarify conditions requiring private sewer
lateral replacement. Specifically, if an inspection of a non-compliant sewer
lateral was conditioned due to a sanitary sewer overflow, from findings of
infiltration and intrusion, or from a lateral with defects having not met pipe
material requirements, the lateral must be completely replaced rather than
Potential Impacts of Proposed Changes to Chapter 13.07 – Water Conservation
The proposed modifications in the water conservation section align the City’s municipal
code to be consistent with existing State law related to the conservation of potable
water supplies. Staff will provide ongoing updates to the City Council and impacted
community members related to new Statewide regulations restricting the irrigation of
non-functional turf. Non-functional turf restrictions are scheduled to become effective
over a five-year period, beginning in January 2027, and only apply to specific property
classifications.
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repaired. The proposed modifications would require conditioned replacements
of the entire lateral to be completed within 180 days.
5. Proposed language modifications to Section 13.08.396 are related to the
wastewater flow offset program, which resulted from a 2016 legal settlement
between the City and California River Watch, and the health and safety findings
presented to council in subsequent years leading up to the adoption of the
program in 2019. Changes in this section would expand discretion for
wastewater flow offsets to include “in-lieu” offsets at the Utility Director’s
discretion, allow for “on-site” offset credits for same parcel single-family
residence intensification projects (including ADUs), and allow single-family
ADU projects to submit and apply for offset in different capacity constrained
basins provided an equivalent reduction in infiltration and intrusion is achieved.
6. Lastly, section 13.08.480 is proposed to modify the appeals process to be
consistent with the terms defined in Section 1.24.090, allowing director review
and appeals of administration citations to a hearing board, pursuant to Section
1.24.100.
Potential Impacts of Proposed Changes to Chapter 13.08 – Sewers
The significant proposed changes in this section of the municipal code would allow for
possible alternative discharge limits to be considered for industrial dischargers. The
proposed changes would provide additional requirements for grease control devices.
The intent of these changes is to ensure adequate sizing and maintenance of these
devices to ensure continued public and environmental health. This section also clarifies
the need for proper installation and maintenance of backwater devices, which serve to
protect against sewage backup.
After hearing from stakeholders, proposed modifications to the current se wer lateral
replacement program are included in this recommendation. The proposed changes to
this section provide additional discretion to staff that allow alternative paths for offset
requirements that serve to support development while still meeting the intent of the
private sewer lateral program, which aims to protect public and environmental health
by ensuring sufficient capacity to convey sewage. Additional updates to the lateral offset
program may be considered after a system-wide flow study is completed and delivered
in the fall of 2024. The Utilities Department is also evaluating increasing rebate amounts
for private sewer lateral replacements to keep pace with inflationary trends as part of
future budget processes.
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Revision Summary: Chapter 13.24 – Recycled Water Service
Requested modifications and additions to Chapter 13.24 include the following:
1. The addition of Subsections 13.24.020(B-G), which clarify existing restrictions
on the use of recycled water, in alignment with State law and the City’s
Procedures for Recycled Water Use policies.
D. Revisions to Title 15 – Buildings and Construction
Title 15 includes code requirements related to building, construction, and safety, which
are enforced by the Community Development Department.
Revision Summary: Chapter 15.02 – Building Codes Adopted
Requested additions to Chapter 15.02 include the following:
1. A minor addition to the code section that describes plumbing
standards,15.02.050, making reference to the new language in section
13.08.090 that includes updated sizing calculations for grease control devices.
Previous Council or Advisory Body Action
On City Council approved Ordinance No 1665 (2019 Series), amending Chapter 13.08
of the San Luis Obispo Municipal Code Creating a Sewer Lateral Inspection and Offset
Program.
Public Engagement
Staff have conducted outreach to individual stakeholders through a series of nearly three
dozen meetings with developers, realtors, residential and commercial property owners,
the Integrated Waste Management Authority (IWMA), San Luis Garbage, the Downtown
San Luis Obispo Association, and the San Luis Obispo Chamber of Commerce to solicit
feedback and generate recommendations on refini ng the existing and proposed drafted
language in the ordinances discussed in this report. Larger group stakeholder events
were also conducted, which are summarized below.
Potential Impacts of Proposed Changes to Chapter 13.24 Recycled Water
The changes to the municipal code in this section would ensure consistency with State
law and previously adopted City policies and allow the City more clarity when
enforcement action is necessary for non-compliance with recycled water regulations.
Potential Impacts of Proposed Changes to Chapter 15.02 - Building Codes
Adopted
Proposed changes to this section of the municipal code would ensure that grease
control devices are properly sized and protective of the sanitary sewer system.
Potential Impacts of Proposed Changes to Chapter 15.02 - Building Codes
Adopted
Proposed changes to this section of the municipal code would ensure that the
requirements in Title 13 for grease control devices are being properly sized and
protective of the sanitary sewer system are also addressed through Title 15 and the
building permit process.
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Staff presented and discussed private sewer lateral program elements with the
Association of Realtors on April 25, 2022, August 22, 2022, August 30, 2022, November
15, 2022, August 16, 2023, and on January 19, 2024. Feedback from the Realtors will be
crucial in focusing outreach and education efforts to maximize the effectiveness of the
programs.
On February 15, 2024, staff presented draft changes to the City’s private sewer lateral
offset program to 30 attendees at the Developers Round Table (DRT). Developer
stakeholders from the public provided feedback similar to individual feedback t hat staff
has received since the adoption of the program in December 2019. Stakeholders were
interested in potential exemptions, assistance with finding offsets, and learning more
about program offramps and about the progress made to date. Staff informed DRT
participants of the current sewer system flow study, which is expected to be completed in
the summer of 2024 and will provide updated sewer system capacity modeling, among
other things. The prior flow study was conducted in 2012 and provides the basis for the
current private sewer lateral offset program. Staff will use the results of the study to
determine future capital improvement projects and the boundaries of capacity constrained
sewer basins.
On February 20, 2024, staff presented to a stakeholder group consisting of restaurant
operators and commercial property owners. Over 300 stakeholders were invited to the
event through direct email outreach. The “Restaurant Forum” was held to present and
solicit feedback from the business community on draft changes relating to single use
foodware, locking dumpsters, and Fats, Oils, and Grease (FOG) control requirements.
Attendees were receptive to the concepts presented and provided valuable feedback that
will assist staff focus outreach and education efforts on grease control device servicing
and sizing, the use of compostable single use foodware, and voluntary locking dumpster
retrofits.
On February 22, 2024, the Construction Board of Appeals received a presentation by staff
on the proposed changes to Municipal Code section 13.08.090 (FOG Discharge Control
Program Requirements) and Chapter 15.02 as it pertains to the California Plumbing
Code. Although the Board did not provide a formal recommendation, the presentation and
following discussion generated practical feedback on sizing calculations and
considerations for business turnover, which staff have reflected in the final version of the
proposed updated ordinance.
In February 2024, staff constructed a webpage to present potential ordinance changes
described in this report, and have encouraged the community to reach out with questions
and feedback. As new questions are received, they are published on the website as
Frequently Asked Questions (FAQs). Notification of the public hearing will be circulated
as a legally required advertisement in New Times San Luis Obispo.
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CONCURRENCE
The City Attorney’s Office, Public Works Department, and Community Development
Department have provided input on, and concur with the proposed municipal code
revisions.
ENVIRONMENTAL REVIEW
The proposed ordinance revisions are exempt from environmental review per California
Environmental Quality Act (CEQA) Statute (Public Resources Code Section 21000, et
seq.) and State CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.) because the
ordinance revisions are within certain classes of projects that have been determined not
to have a significant effect on the environment.
The proposed ordinance revisions and additions qualify for exemptions as follow s:
Section 15301 (Existing Facilities) because the operation, repair, maintenance, and minor
alteration of existing water and sewer infrastructure and accessory equipment would
involve negligible or no expansion of existing use; Section 15303 (New Construction or
Conversion of Small Structures) because the new structures and accessory equipment
(such as sewer laterals, manholes, backflow devices, pre-treatment devices, flow
monitoring devices, and sub-meters) are small and would only require minor
modifications; Sections 15307 (Actions by Regulatory Agencies for Protection of Natural
Resources) and 15308 (Actions by Regulatory Agencies for Protection of the
Environment) because the solid waste, recycled water, irrigation, water conservation, and
groundwater management-related ordinance revisions are proposed consistent with
State laws to assure the maintenance, restoration, or enhancement of a natural resource
(including, but not limited to surface and groundwater resources and land resources
related to reductions in landfill waste) and the ordinance revisions are proposed to assure
the maintenance, restoration, enhancement, and protection of the environment and
include procedures for the protection of the environment, including but not limited to the
protection of water quality, the avoidance and minimization of sewage overflows and
spills, the avoidance and reduction of litter adversely impacting water quality and
surrounding land, and reductions in landfill solid waste; and Section 15309 (Inspections)
and 15321 (Enforcement Actions by Regulatory Agencies) because the ordinance
revisions include clarified procedures and requirement s for inspections and enforcement
procedures and actions.
FISCAL IMPACT
Budgeted: NA Budget Year: NA
Funding Identified: NA
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Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $0 $0 $0
State
Federal
Fees
Other:
Total $0 $0 $0 $0
The proposed ordinance revisions would result in minimal or no noticeable impacts to the
City’s finances. Should impacts requiring adjustment to the budget be identified, staff will
return to Council at a later date to describe the need and recommend adjustments as
necessary.
ALTERNATIVES
1. The City Council could decide to not approve any sections of the prop osed
updates. This action is not recommended by staff because all proposed municipal
code revisions or additions will help the City to ensure the protection of public health
and safety, protection of the environment, and ensure compliance with state and
federal regulations.
2. The City Council could decide only to approve specific sections of the proposed
updates. This action is not recommended by staff because all proposed municipal
code revisions or additions will help the City to ensure the protection of public health
and safety, protection of the environment, and ensure compliance with state and
federal regulations. If Council decided to only approve certain sections, Council would
need to approve the introduction of the modified ordinance and the modified ordinance
would require a second reading. Substantive modifications would require re-
introduction and another second reading.
ATTACHMENTS
A - Draft Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater, Title 13 (Water
and Sewer), and Title 15 (Plumbing code) of the San Luis Obispo Municipal Code.
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O ______
ORDINANCE NO. _____ (2024 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 8 (SOLID WASTE), TITLE 12
(STORMWATER), TITLE 13 (WATER AND SEWER), AND TITLE 15
(PLUMBING CODE) OF THE SAN LUIS OBISPO MUNICIPAL CODE
WHEREAS, trash, recycling and organics bins must be maintained to prevent
public nuisance and environmental health impacts; and
WHEREAS, California Assembly Bill 1276 requires all food facilities and delivery
platforms to provide single-use foodware accessories and condiments upon request; and
WHEREAS, the City’s Municipal Separate Sanitary Sewer System permit has
specific requirements that must be adopted; and
WHEREAS, the City’s General Plan supports development and redevelopment of
sites that will accommodate the community’s future growth in areas with capacity
constraints in the wastewater collection system; and
WHEREAS, the City must provide capacity assurance consistent with its adopted
Sewer System Management Plan and Statewide General Waste Discharge
Requirements; and
WHEREAS, private sewer laterals contribute significant inflow and infiltration
contributing to capacity constraints, surcharging, and overflows in the wastewater
collection system during peak wet weather events; and
WHEREAS, fats, oils and grease discharge control from commercial properties is
necessary to prevent blockages that may result in sanitary sewer overflows; and
WHEREAS, disconnection of water service is necessary in specific scenarios in
order to protect public health and safety; and
WHEREAS, the implementation of cross-connection control program, in alignment
with the California State Cross-Connection Control Policy Handbook, is essential to the
protection of water quality and public health; and
WHEREAS, California State Executive Order N-7-22 requires the protection of
groundwater resources and the regulation of groundwater well installation in basins
subject to the Sustainable Groundwater Management Act; and
WHEREAS, effective water waste prohibitions ensure compliance with state law
and ensure the conservation of potable water supplies; and
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Ordinance No. _____ (2024 Series) Page 2
O ______
WHEREAS, the California Green Building Code defines low water use fixtures in
alignment with California State law; and
WHEREAS, California Assembly Bill 1572 restricts the irrigation of non-functional
turf.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo that:
SECTION 1. Environmental Review. The proposed ordinance revisions are
exempt from environmental review per California Environmental Quality Act (CEQA)
Statute (Public Resources Code Section 21000, et seq.) and State CEQA Guidelines (14
Cal. Code Regs. 15000 et seq.) because the ordinance revisions are within certain
classes of projects that have been determined not to have a significant effect on the
environment. The proposed ordinance revisions and additions qualify for exemptions as
follows: Section 15301 (Existing Facilities) because the operation, repair, maintenance,
and minor alteration of existing water and sewer infrastructure and accessory equipment
would involve negligible or no expansion of existing use; Section 15303 (New
Construction or Conversion of Small Structures) because the new structures and
accessory equipment (such as sewer laterals, manholes, backflow devices, pre-treatment
devices, flow monitoring devices, and sub-meters) are small and would only require minor
modifications; Sections 15307 (Actions by Regulatory Agencies for Protection of Natural
Resources) and 15308 (Actions by Regulatory Agencies for Protection of the
Environment) because the solid waste, recycled water, irrigation, water conservation, and
groundwater management-related ordinance revisions are proposed consistent with
State laws to assure the maintenance, restoration, or enhancement of a natural resource
(including, but not limited to surface and groundwater resources and land resources
related to reductions in landfill waste) and the ordinance revisions are proposed to assure
the maintenance, restoration, enhancement, and protection of the environment and
include procedures for the protection of the environment, including but not limited to the
protection of water quality, the avoidance and minimization of sewage overflows and
spills, the avoidance and reduction of litter adversely impacting water quality and
surrounding land, and reductions in landfill solid waste; and Section 15309 (Inspections)
and 15321 (Enforcement Actions by Regulatory Agencies) because the ordinance
revisions include clarified procedures and requirements for inspections and enforcement
procedures and actions.
SECTION 2. Chapter 8.04 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
Chapter 8.04 - SOLID WASTE, RECYCLING, AND ORGANIC WASTE
Sections:
8.04.210 Clearing of waste matter and, debris and vehicles from private
property.
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8.04.070 Use of disposal service mandatory—Collection of charges.
A. The city has determined that periodic collection and disposal of waste from all
developed properties in the city benefits all occupants of developed properties in the city.
B. The city will provide waste collection and disposal service through its franchisee; and
all developed properties in the city must use the city’s waste collection and disposal
service, except that there may be joint or multiple use of waste containers, subject to
conditions established by the city.
C. The franchisee shall collect all fees for waste collection and disposal.
D. The owner of developed property shall be responsible and liable for paying the waste
collection and disposal fees for that property, although the franchisee will bill a tenant if
requested by the owner.
E. The owner of developed property shall be responsible for modifying frequency and
volume of waste collection and disposal service to remain compliant with this chapter.
F. Once each year, prior to a date established by the city, the franchisee may take the
following actions to collect delinquent waste collection and disposal accounts:
1. Present to the city a list of property owners (with corresponding parcel numbers)
within the city whose accounts are more than one hundred twenty days past due;
2. Send a certified letter requesting payment to each property owner with a
delinquent account;
3. At least thirty days after receiving delivery certification for payment requests,
present to the city a list of property owners (with corresponding parcel numbers)
whose accounts are still past due.
G. After the franchisee has completed all of the actions listed in subsection F of this
section, the Ccity Ccouncil will adopt a resolution in accordance with applicable law
authorizingdirecting the San Luis Obispo Ccounty assessor Auditor to assess place the
amounts due on delinquent accounts as liens against the properties. The franchisee shall
bear the full cost of any delinquent fees charged by the San Luis Obispo county assessor
to lien affected properties. (Ord. 1706 § 9, 2021; Ord. 1176 § 3, 1990: prior code § 5200.6)
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8.04.180 Owner’s responsibility to maintain premises free of debris and waste
matter.
The owner or person in control of any private property shall, at all times, maintain the
premises free of waste, debris, or any other waste material, except pursuant to a permit
approved by the Ccity Eengineer for fill and compaction work; and provided, that this
section and Section 8.04.170 shall not prohibit the temporary storage of such waste
materials in private receptacles for collection. (Ord. 1706 § 19, 2021; prior code
§ 5200.17)
The owner, the customer of the franchisee, or person in control of any private premises
shall, at all times, except when accessing the affected container, keep any locking
mechanism required pursuant to Section 8.04.210 engaged such that the container is
locked and access to the container is restricted. The owner, the customer, or person in
control of the premises shall also maintain any locking mechanism required pursuant to
Section 8.04.210 in good working order at all times.
8.04.210 Clearing of waste matter and , debris and vehicles from private
property.
A. Notice to Remove. The city engineer is Those persons so authorized and empowered
by Section 8.04.220 to enforce the provisions of this Chapter may to notify the owner, his
or her agent, the customer, or person in control of any private premises within the ccity,
to dispose of waste matter prohibited by Sections 8.04.170 through 8.04.190. and/or
impose preventative measures to stop the continued accumulation of prohibited waste
matter on the premises. Such notice shall be given by posting upon the private premises
and by certified mail addressed to the owner, his or her agent, the customer or such other
person at his or her last known address, or by personal service on the owner, agent, the
customer, or person in control or occupant of the property.
B. Content of Notice; locking mechanism. . The notice shall describe the work to be done
and shall state that if the work is not completed within five days after receipt of
noticecommenced within five days after receipt of notice and diligently prosecuted to
completion without interruption, City staff may the city engineer shall dispose of the
prohibited waste matter and may, at the City’s discretion, impose preventative measures
to stop continued accumulation of prohibited waste matter, including but not limited to,
installation of a locking mechanism on any container at the premises. litter The notice
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shall state that any required locking mechanism will be installed by the franchisee and
that the customer shall reimburse the franchisee for the and the cost of the locking
mechanism and associated installation. The notice shall further state that the cost
incurred by the City to remove and dispose of prohibited waste matter and any incidental
expenses thereof shall be a lien on the property. The notice shall be substantially in the
following form:
NOTICE TO REMOVE WASTE MATTER AND IMPOSITION OF
PREVENATIVE MEASURES
The owner, his or her agent, the customer, or person in control of the property
premises described as
follows:_________________________________________________________
________________________ commonly known as
_______________________________________________________________
_________________ is hereby ordered to properly dispose of the waste matter
located on the propertypremises, to wit, within five days from the date thereofof
this notice. If the disposal of the waste matter herein indicated is not
commenced and diligently prosecuted to completioncompleted within five days,
the time fixed herein, the city engineerstaff of the City of San Luis Obispo shall
cause such disposal to be done, and may impose preventive measures to stop
the continued accumulation of prohibited waste matter, including ordering
installation of a locking mechanism on any container at the premises. Tthe cost
thereofincurred by the City to remove and dispose of prohibited waste matter,
including any incidental expenses, will be made a lien upon said property,
pursuant to the provisions of Municipal Code Section 8.04.210 Ordinance No.
250 of the City of San Luis Obispo. Any locking mechanisms required by the
City as a preventative measure shall be installed by [FRANCHISEE] and the
cost of the locking mechanism and associated installation shall be assessed by
[FRANCHISEE] directly to the customer for reimbursement to [FRANCHISEE].
Estimated Cost of Disposal $____________
Estimated Cost of Locking Mechanism Installation $____________ (to be
assessed by [FRANCHISEE] directly to the customer)
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The estimates provided above may not be the full or actual costs that will be
assessed against the customer upon abatement by the City.
Date__________
City Engineer[CITY ENGINEER] of the City
of San Luis Obispo
C.C. City Engineer to Keep Record. The city engineer shall cause to be kept in his or
her office a permanent record containing: (1) a description of each pared of property for
which notice to dispose of waste matter has been given; (2) the name of the owner, if
known; (3) the date on which such notice was mailed and posted; (4) the charges incurred
by the city in disposing of waste matter, and all incidental expenses in connection
therewith; and (5) a brief summary of the work performed. Each such entry shall be made
as soon as practicable after completion of such act.
D. Action Upon Noncompliance. Upon the failure, neglect or refusal of any the owner,
the customer, or agent or person in control of the premises so notified to fully and properly
dispose of the waste matter within five days after notice has been given as provided in
this section, or within ten days after the date of mailing such notice in the event the post
office department is unable to make delivery thereof, provided the same was properly
addressed to the last known address of such owner, the customer, or agent, or person in
control of the premises, the Ccity Eengineer may order disposal of the waste by city forces
and impose preventative measures to stop continued accumulation of prohibited waste
matter on the premises, including but not limited to, requiring installation of a locking
mechanism on any container at the premises at the customer’s expense. In determining
whether to impose preventative measures, is authorized and empowered to pay for the
disposal of such waste matter out of the city funds or to order its disposal by city forces.
Tthe cCity Eengineer shall consider any information and/or evidence obtained from the
City Engineer’s and his (or her their authorized representative’s) own observations, the
franchisee, code enforcement officers, police department employees, other City staff, or
in substantiated written complaints by any person, that the premises have not been
maintained free of waste matter., including any contractor with whom he or she contracts
hereunder, and assistants, employees or agents of such contractor, are authorized to
enter upon the property for the purpose of disposing of the waste matter described in the
notice. Before the Ccity Eengineer, or an authorized representative described above,
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arrives to implement a preventative measure, any property owner may dispose of the
waste matter at his or herdo so at their own expense. If the City or its agents is refused
entry for the purposes of disposing waste matter or implementing preventative measures
as discussed herein, the City shall seek the assistance of any court of competent
jurisdiction to authorize entry by City staff or franchisee acting on behalf of the City. It
shall be unlawful for any person, owner, agent, or person in possession of any premises
to refuse to allow the City or its agents to enter upon the premises for the purposes set
forth above. The City Engineer, or their authorized representative, may order immediate
abatement of any violation of this section that constitutes an immediate and significant
threat to the health, safety, or well-being of the public.
ED. Charge Statement of Coststo Owner. When the cCity or franchisee has effected
theremoved, paid for removal of such prohibited waste matter, installed, or has paid for
the installation of any preventative measures, its removal, the actual cost thereof, plus
accrued interest at the rate of six percent per year from the date of the completion of the
work, shall be charged to the owner of such the premisesproperty and the owner, or his
or her agent, shall be billed therefor by mail, if not paid prior thereto. The bill shall apprise
the owner that failure to pay the bill will result in a lien, accrual of interest, and imposition
of a delinquent penalty.
FE. Recorded Statement Constitutes a Lien. Where the full amount due the Ccity is not
paid by such owner within thirty days after date of the billing by the city engineer, the City
Engineer, or their authorized representative, he or she shall cause to be recorded filed
with the city clerk a sworn or certified statement showing the cost and expense incurred
for the work, the date the work was done, and the location of the property premises on
which the waste disposal work was done. The City Council shall confirm the costs of
abatement under this section at a public hearing prior to recordation of the lien with the
appropriate offices of the County of San Luis Obispo. The recordation of such sworn or
certified statement shall constitute a lien on the propertypremises, and shall remain in full
force and effect for the amount due in principal and interest, plus costs of court, if any, for
collection, until final payment has been made. The costs and expenses shall be subject
to a delinquent penalty of ten percent in the event same is not paid in full on or before the
date the amount due becomes a lien. Sworn or certified statements recorded in
accordance with the provisions of this section shall be prima facie evidence that all legal
formalities have been complied with and that the work has been done properly and
satisfactorily and shall be full notice to every person concerned that the amount of the
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statement, plus interest and costs, constitutes a charge against the property designated
or described in the statement and that the same is due and collectible as provided by law.
The city clerk shall record the lien. The remedy provided in this section is cumulative to
other remedies available to shall notthe City and shall not constitute an election of
remedies by the Ccity. (Prior code § 5200.20)
SECTION 3. Chapter 8.09 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
Chapter 8.09 - SINGLE-USE STRAWSFOODWARE ACCESSORIES AND STANDARD
CONDIMENTS
Sections:
8.09.020 Beverage straws upon requestSingle-use foodware accessories and
standard condiments.
8.09.010 Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings
defined in this section unless the context clearly requires otherwise:
“Consumer” means a person who is a member of the public, takes possession of food, is
not functioning in the capacity of an operator of a food facility, and does not offer the food
for resale, or as otherwise defined in Section 42270(a) of the Public Resources Code, as
amended, supplemented, superseded, and replaced from time to time.
A. “Dine-in customer” means a customer that consumes a food or beverage order on
the same premises it was ordered.
“Self-service dispenser” means a container or equipment that is used to hold disposable
foodware accessories for consumers to obtain at their discretion.
B. “Single-use” means a product that is designed to be only used one time in its same
form by the customerconsumer, food vendor, or entity.
“Single-use foodware accessory” means all the following single-use items provided
alongside ready-to-eat food: utensils, which includes forks, knives, spoons, sporks;
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chopsticks; standard condiment cups and packets; straws; stirrers; splash sticks; and
cocktail sticks, or, as otherwise defined in Section 42270(e) of the Public Resources
Code, as amended, supplemented, superseded, and replaced from time to time.
“Standard condiment” means relishes, spices, sauces, confections, or seasonings that
require no additional preparation and that are usually used on a food item after
preparation including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt,
pepper, sugar, and sugar substitutes, or, as otherwise defined in Section 42270(f) of the
Public Resources Code, as amended, supplemented, superseded, and replaced from
time to time.
C. “Take-out food orders” means prepared meals or other food or beverage items that
a customer consumer purchases at a Vendor, but not through a third-party food delivery
platform, n establishment and are intended for consumption elsewhere.
“Third-party food delivery platform” means a business engaged in the service of online
food ordering and delivery from a food facility to a consumer or as otherwise defined in
Section 42270(g) of the Public Resources Code, as amended, supplemented,
superseded, and replaced from time to time. For the purposes of this definition, a food
facility includes a restaurant, but not a grocery store or other similar establishment used
primarily to sell the customer fresh produce, meat, poultry, fish, deli products, dairy
products, perishable beverages, baked foods, and prepared foods.
D. “Vendor” means any business providing food or beverages within the cCity of San
Luis Obispo, including a food facility as defined in Section 42270(b) of the Public
Resources Code, as amended, supplemented, superseded, and replaced from time to
time. (Ord. 1640 § 3 (part), 2017)
8.09.020 Beverage straws upon request.Single-use foodware accessories and
standard condiments.
A. On or after March 1, 2018, any vendor shall ask each dine-in customer if the
customer wants a single-use beverage straw before providing a single-use
beverage straw to the customer. (Ord. 1640 § 3 (part), 2017)Vendors, for on-
premises dining or when using a third-party food delivery platform, shall only
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distribute single-use foodware accessories and standard condiments upon the
request of the consumer or from self-service dispensers for consumers to obtain
as needed. This paragraph does not apply to take-out food orders.
1. Vendors using third-party food delivery platforms shall customize its menu
with a list of available single-use foodware accessories and standard
condiments and shall provide only those single-use foodware accessories
or standard condiments selected by the consumer. If a consumer does not
select any single-use foodware accessories or standard condiments, the
vendor shall not provide any single-use foodware accessories or standard
condiments.
2. Third-party food delivery platforms shall provide consumers with the option
to request single-use foodware accessories or standard condiments from a
food facility.
B. Vendors shall not package or bundle single-use foodware accessories and
standard condiments in a manner that prohibits a consumer from taking only the
type of single-use foodware accessory or standard condiment desired without also
having to take a different type of single-use foodware accessory or standard
condiment. This paragraph applies to take-out food orders.
C. Vendors are encouraged, but not required, to use bulk dispensers for condiments
rather than condiments packaged for single-use and to take other actions in
addition to the requirements of this chapter that support the goal of reducing the
use of and waste generated by all single-use food service products.
A.D. It is otherwise unlawful for any food provider to violate California Public
Resources Section 42270 through 42273 concerning single-use foodware
accessories and standard condiments.
8.09.030 Exceptions.
This section shall not apply to the following institutions or facilities:
A. Correctional institutions, which has the same meaning as in Section 7502 of the
Penal Code.
B. Health care facilities licensed pursuant to Article 1 (commencing with Section
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1250) of Chapter 2 of Division 2 of the Health and Safety Code or facilities that are
owned or operated by a health care service plan licensed pursuant to Chapter 2.2
(commencing with Section 1240) of Division 2 of the Health and Safety Code.
C. Residential care facilities licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code.
A. D. Public and private school cafeterias, as referenced in paragraph (1) of
subdivision (b) of Section 113789 of the Health and Safety Code.Take-out food
orders are exempt from this chapter. (Ord. 1640 § 3 (part), 2017)
8.09.040 Implementation and enforcement.
A. In addition to any other remedy authorized by this code, any violation of the
provisions of this chapter by any person or restaurant is subject to administrative
fines as provided in Chapter 1.24. (Ord. 1640 § 3 (part), 2017) The City, or its
designee, is authorized to enforce the provisions of this chapter, and at its
discretion, pursue any of the following legal actions to enforce the provisions of
this chapter:
1. Criminal Actions and Penalties. Any person, vendor, or third-party food
delivery platform violating or causing a violation of this chapter may be
issued a notice of violation for the first and second violation and for each
subsequent violation, shall be guilty of an infraction, which upon conviction
shall be punishable by a fine of twenty-five dollars ($25) for each day in
violation, but not to exceed three hundred dollars ($300) annually.
2. Administrative Citation and Penalties. Any person, vendor, or third-party
food delivery platform violating or causing a violation of this chapter may be
issued an administrative notice of noncompliance and provided a
reasonable opportunity to correct, subject to administrative fines as
provided in Chapter 1.24.
B. Remedies are Cumulative. All remedies contained in this chapter for violations of
this chapter or enforcement of the provisions of this chapter shall be cumulative
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and not exclusive of any other applicable provisions of city, county, or State law.
SECTION 4. Chapter 12.08 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
Chapter 12.08 - URBAN STORM WATERSTORMWATER QUALITY MANAGEMENT
AND DISCHARGE CONTROL
Sections:
12.08.100 Exceptions to illegal discharge.
12.08.120 Waste disposal and drainage prohibitions.
12.08.140 Compliance with industrial or construction activity NPDES
storm waterstormwater discharge permit.
12.08.150 Requirement to prevent, control, and reduce storm
waterstormwater and pollutants.
12.08.210 Reporting and remediating discharges—Retention of records.
12.08.240 Appeal.
12.08.2450 Abatement by city; City’s remedies.
12.08.2560 Urgency abatement.
12.08.2670 Charging cost of abatement/liensNuisance abatement lien.
12.08.2780 Violations - penalties.
12.08.2890 Acts potentially resulting in a violation of the Clean Water Act
and/or the Porter-Cologne Act.
12.08.010 Title.
This chapter may also be cited as the “storm waterstormwater quality ordinance” of the
city of San Luis Obispo. (Ord. 1543 § 2 (part), 2010)
12.08.020 Purpose and intent.
The purpose and intent of this chapter is to ensure the health, safety, and general welfare
of citizens, and protect and enhance the quality of watercourses and water bodies in a
manner pursuant to and consistent with the Clean Water Act by reducing pollutants in
storm waterstormwater discharges to the maximum extent practicable, by prohibiting non-
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storm waterstormwater discharges to the storm drain system, and improving storm
waterstormwater management. (Ord. 1543 § 2 (part), 2010)
12.08.030 Definitions.
The terms used in this chapter shall have the following meanings:
A. “Administrative technical documents” or “ATD” means the following documents
adopted by the city. The most current versions of these documents shall be considered
in use for purposes of interpreting this chapter.
1. Storm drain map;
2. Waterway management plan;
3. Waterway management plan appendix;
4. Waterway management plan drainage design manual;
5. Waterway management plan stream management and maintenance program;
6. Waterway management plan stream management and maintenance program
Appendix A;
7. Waterway management plan environmental impact statement/report for public
hearing;
8. Creek and flood protection fee schedule;
9. City engineering standards;
10. City engineering standard specifications;
11. City of San Luis Obispo storm water management plan;
12. Community design guidelines.
AB. “Authorized representative” means that person designated in writing to the director
by the property owner to act on behalf of the property owner.
BC. “Best management practice” or “BMP” means activities, practices, and procedures
to prevent or reduce the discharge of pollutants directly or indirectly to the storm drain
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system and waters of the United States. BMPs include but are not limited to treatment
facilities to remove pollutants from storm waterstormwater; operating and maintenance
procedures; facility management practices to control runoff, spillage or leaks of non-storm
waterstormwater, waste disposal, and drainage from materials storage; erosion and
sediment control practices; and the prohibition of specific activities, practices, and
procedures and such other provisions as the city determines appropriate for the control
of pollutants.
CD. “City” shall mean the city of San Luis Obispo.
DE. “Clean Water Act” means the federal Water Pollution Control Act, 33 USC 1251 et
seq., and any subsequent amendments thereto.
EF. “Construction activity” means any of the following activities: including but not limited
to clearing and grubbing, grading, excavating, demolition and construction.
FG. “Director” means the community development director or public works director or
utilities director of the city, acting either directly or through an authorized designee. When
this chapter refers to “director,” it shall refer to each, all, or any combination of these
persons.
GH. “Groundwater” means any naturally occurring subsurface water, including springs.
HI. “Hazardous material” means any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical, chemical,
or infectious characteristics may cause, or significantly contribute to, a substantial present
or potential hazard to human health, safety, property, or the environment when improperly
treated, stored, transported, disposed of, or otherwise managed, as defined in Section
25501 of the Health and Safety Code.
IJ. “Illegal discharge” means any direct or indirect non-storm waterstormwater discharge
to the storm drain system, except as exempted by this chapter.
JK. “Illicit connection” means any of the following:
1. Any conveyance system, whether on the surface or subsurface, which allows an
illegal discharge to enter the storm drain system including, but not limited to, sewage,
process wastewater, wash water, pool or spa water.
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2. Any connections to the storm drain system from indoor drains and sinks not
currently exempted or permitted, regardless of whether the drain or connection has
been previously allowed, permitted, or approved by a government agency.
3. Any drain or conveyance connected from any land use to the storm drain system
which has not been documented and approved by the city.
4. Any unpermitted connection of a storm waterstormwater system to the publicly
owned treatment works as defined in this chapter.
K. “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended,
minimal over-spray from sprinklers that escapes the area of intended use. Water leaving
an intended use area is not considered incidental if it is part of the facility design, if it is
due to excessive application, if it is due to intentional overflow or application, or if it is due
to negligence.
L. “Industrial activity” means any activity subject to a NPDES industrial permit as defined
in 40 CFR Section 122.26(b)(14).
M. “Municipal separate storm sewer system” or “MS4” means the public portion of the
storm drain system.
N. “National Pollutant Discharge Elimination System” or “NPDES” means the general,
group, and individual storm waterstormwater discharge permits which regulate facilities
defined in federal NPDES regulations pursuant to the Clean Water Act.
O. “Non-storm waterstormwater discharge” means any discharge to the storm drain
system that is not composed entirely of storm waterstormwater.
P. “Pollutant” means anything which causes or contributes to pollution including, but not
limited to, paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous
liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other
discarded or abandoned objects, articles, and accumulations, so that same may cause or
contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous
substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate
metals; animal wastes, either from domestic or wild animals or birds; wastes and residues
that result from constructing a building or structure, including but not limited to dirt,
sediment, slurry, and concrete residuals; and noxious or offensive matter of any kind.
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Q. “Pollution” means the human-made or human-induced alteration of the quality of
waters by waste or pollutants, or the presence of a substance in the environment that,
because of its chemical composition or quantity, prevents the functioning of natural
processes and produces undesirable environmental and health effects or alters the
quality of the water to a degree that unreasonably affects the waters for beneficial uses
or the facilities which serve these beneficial uses.
R. “Porter-Cologne Act” means the Porter-Cologne Water Quality Control Act (California
Water Code Section 13000 et seq.) as amended.
S. “Premises” means any building, lot, parcel of land, or portion of land whether improved
or unimproved including adjacent sidewalks and parking strips.
T. “Property owner(s)”, means the person, firm, partnership, association, corporation,
company or organization of any kind that has ownership rights to property regulated under
this Chapter, including but not limited to, land and any improvements thereon, including
structure or portions of a structure. For property owned jointly or in common, including
property within a common area of a common interest development (as such terms are
respectively defined in Civil Code Sections 4095 and 4100), the “property owner” for the
purposes of this Chapter includes the homeowners association, association (as that term
is defined in Civil Code Section 4080) or any other similar organization with the obligation
to maintain the property on behalf of the common owners.
UT. “Storm drain system” means any public or private facilities by which storm
waterstormwater is collected and/or conveyed, including but not limited to roads,
sidewalks, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and
detention basins, natural and human-made or altered drainage channels and swales,
reservoirs, lakes, creeks, waters of the United States and other drainage structures which
are within the city and are not part of a publicly owned treatment works as defined at 40
CFR Section 122.2.
1. Public facilities are those owned, maintained and operated by the city and other
public agencies including the enclosed system of pipelines, catch basins, manholes
and junction structures.
2. Private facilities are those on private property or under the control of persons other
than the city or other public agencies.
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VU. “Storm waterStormwater” means any surface flow, runoff, and drainage consisting
entirely of water from any form of natural precipitation, and resulting from such
precipitation.
WV. “Storm waterStormwater pollution prevention plan” or “SWPPP” means a plan that
identifies sources of pollution and provides direction during construction to the contractor
and owner, using BMPs to prevent pollution from occurring.
X. “Watercourse” means any well-defined channel with a distinguishable bed and bank
showing evidence of having contained flowing water indicated by deposit of rock, sand,
gravel, or soil, including but not limited to creeks. Watercourses also includes manmade
watercourses.
YW. “Waters of the United States” means surface watercourses and water bodies as
defined at 40 CFR Section 122.2, including all natural waterways and definite channels
and depressions in the earth that may carry water, even though such waterways may only
carry water during rains and storms and may not carry storm waterstormwater at and
during all times and seasons.
Z. “Uncontaminated ground water infiltration” means water other than wastewater that
enters a sewer system (including sewer service connections and foundation drains) from
the ground through such means as defective pipes, pipe joints, connections, or manholes.
Infiltration does not include, and is distinguished from, inflow. (Ord. 1543 § 2 (part), 2010)
12.08.040 Applicability.
This chapter shall apply to all water sources and potential sources of discharge entering
the storm drain system generated on any developed and undeveloped lands within the
city. (Ord. 1543 § 2 (part), 2010)
12.08.090 Prohibition of illegal discharges.
No person shall discharge or cause to be discharged into the storm drain system any
materials, including but not limited to pollutants or waters containing any pollutants that
cause or contribute to a violation of applicable water quality standards, other than storm
waterstormwater, including water waste runoff as defined in Chapter 13.07Section
13.07.020.B.
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An illegal discharge is assumed to have occurred if prohibited material is placed, blown,
washed, tracked or in any way allowed to accumulate in any part of the MS4 so that it can
be conveyed by storm waterstormwater. (Ord. 1543 § 2 (part), 2010)
12.08.100 Exceptions to illegal discharge.
No person shall commence, conduct, or continue any illegal discharge to the storm drain
system except as follows. Discharges from the following will not be considered a source
of pollutants to the storm drain system and to waters of the United States when properly
managed to ensure that no potential pollutants are present, and therefore they shall not
be considered illegal discharges unless determined to cause a violation of the provisions
of the Porter-Cologne Act, Clean Water Act, or this chapter:Discharges through the storm
drain system of material other than stormwater to Waters of the U.S. shall be effectively
prohibited, except as allowed under this section 12.08.100 or as otherwise authorized by
a separate NPDES permit. The following non-stormwater discharges are not prohibited,
provided any pollutant discharges are identified and appropriate control measures to
minimize the impacts of such discharges, are developed and implemented. This provision
does not obviate the need to obtain any other appropriate permits for such discharges.
B. A. Uncontaminated groundwater, air conditioning condensation, uncontaminated
roof, foundation, footing, or French drains (not including active groundwater
dewatering systems), flows from riparian habitats and wetlands, residential car
washing and fire fighting flows.Water line flushing;
B. Individual residential car washing;
C. Diverted stream flows;
D. Rising ground waters;
E. Uncontaminated ground water infiltration to separate storm sewers;
F. Uncontaminated pumped ground water;
G. Discharges from potable water sources;
H. Foundation drains;
I. Air conditioning condensation;
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J. Springs;
K. Water from crawl space pumps;
L. Footing drains;
M. Flows from riparian habitats and wetlands;
N. Dechlorinated swimming pool discharges;
O. Incidental runoff from landscaped areas;
BP. Non-storm waterstormwater discharge permitted under an NPDES permit, waiver,
low-threat discharge permit or waste discharge order issued to the discharger and
administered by the state of California under the authority of the federal Environmental
Protection Agency; provided, that the discharger is in full compliance with all requirements
of the permit, waiver, or order and other applicable laws and regulations; and provided,
that written approval has been granted by the city Director for any discharge to the storm
drain system;.
Q. Runoff in excess of incidental runoff from landscaped areas shall be control as
outlined in Chapter 13.07;
Q.R. Discharges or flows from firefighting activities are excluded from the effective
prohibition against non-stormwater and need only be addressed where they are
identified as significant sources of pollutants to water of the U.S.; and
SC. With written concurrence of the Central Coast Regional Water Quality Control
Board, the city may exempt in writing other non-storm waterstormwater discharges, which
are not a source of pollutants to the storm drain system nor waters of the United States.
If the Utilities director determines that any individual or class of non-stormwater
discharge(s) listed above may be a significant source of pollutants to waters of the U.S.
or storm drain system, or poses a threat to water quality standards, the director may
require the appropriate discharger(s) to monitor and submit a report and to implement
best management practices on the discharge. (Ord. 1543 § 2 (part), 2010)
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12.08.110 Prohibition of illicit connections.
The construction, use, maintenance or continued existence of illicit connections to the
storm drain system or to a POTW is prohibited. This prohibition expressly includes,
without limitation, illicit connections made in the past, regardless of whether the
connection was permissible under law or practices applicable or prevailing at the time of
connection. A connection shall be considered illicit if it does not comply with the
requirements of section 12.08.180. (Ord. 1543 § 2 (part), 2010)
12.08.120 Waste disposal and drainage prohibitions.
A. Waste. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown,
deposited, left, or maintained, in or upon any public or private property, driveway, parking
area, street, alley, sidewalk, component of the storm drain system, or water of the United
States, any pollutant, so that the same may cause or contribute to pollution.
B. Sidewalk Cross Drainage. No person shall place, erect or maintain any rainwater
leader drain, pipe, conduit or swale as to convey, carry or discharge any water on or to
any sidewalk in the city, but all leaders, drains, pipes, conduits, and swales conveying,
carrying or discharging water exempt under this chapter to or beyond the exterior
boundary of the lot or premises on which the same is erected, placed or maintained, must
be led under the sidewalk to the gutter. Facilities not in compliance with this section shall
be considered a public nuisance and abated in accordance with the provisions in Chapter
8.24.
C. Drainage to Public Facilities. No person shall cause water to be deposited to the
public street or other public facility which results in an organic growth of any kind in the
public facility, particularly that which creates a slick surface. Such growth shall be
considered a public nuisance and abated in accordance with the provisions in Chapter
8.24. (Ord. 1543 § 2 (part), 2010)
12.08.130 Animals.
A. Property Maintenance. Where it is determined by the city or by the Central Coast
Regional Water Quality Control Board that an area used by animals is affecting water
quality, the city will require the property owner or authorized representative to implement
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measures, which may include installation of preclusionary devices, to eliminate the
pollution and prevent the migration of waste components to the storm drain system.
Installation of devices or measures may require permits from the city or other regulatory
agency. Installation, maintenance and permitting as well as all associated costs are the
responsibility of the property owner.
B. Feeding Near Water Bodies. No person shall feed feral animals or deposit or leave
any foodstuff of any kind or nature, except in a trash receptacle provided for that purpose,
within one hundred feet of a lake or creek.
C. Domesticated Animal Waste. All persons owning, possessing, in control of, or
otherwise responsible for an animal, must promptly collect, pick up and remove all fecal
matter left by the animal on public or private lands. Animals in agricultural areas are not
covered under this subsection if the area complies with subsection A of this section or is
covered under separate regulation. (Ord. 1543 § 2 (part), 2010)
12.08.140 Compliance with industrial or construction activity NPDES storm
waterstormwater discharge permit.
Any person subject to an industrial or construction activity NPDES storm waterstormwater
discharge permit shall comply with all provisions of such permit. Proof of compliance, in
a form acceptable to the director, shall be provided:
A. Prior to or as a condition of a subdivision map, site plan, building permit, or
development or improvement plan;
B. Upon inspection of the facility;
C. During any enforcement proceeding or action; or
D. For any other reasonable cause. (Ord. 1543 § 2 (part), 2010)
12.08.150 Requirement to prevent, control, and reduce storm waterstormwater
and pollutants.
A. Authorization to Adopt BMPs. The city recognizes the current requirements of the
State Water Resources Control Board for general permits for construction, industrial and
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municipal activities. In addition to the requirements of these general permits, the city may
adoptis authorized under state and federal law to determine additional requirements
identifying BMPs for any activity, operation, or facility which may cause or contribute to
degradation, pollution, or contamination of storm waterstormwater, the storm drain
system, or waters of the United States.
B. Authorization to Impose BMP. Where the city or any federal, state of California, or
regional agency has adopted BMP requirements for any activity, operation, or facility
which may cause or contribute to storm waterstormwater pollution or contamination, illicit
discharges, and/or discharge of non-storm waterstormwater or pollutants, or degradation
to the storm drain system or waters of the United States, every person undertaking such
activity or operation, or owning or operating such facility, shall comply with such
requirements within the time limit or under the conditions set forth in the BMP.
C. Responsibility to Implement BMPs. Any person engaged in activities or operations, or
owning facilities or property which will or may result in pollutants entering stormwater or
the storm drain system, is responsible for the implementation and maintenance of BMPs
discussed in this Section. The owner or operator of a commercial or industrial
establishment shall provide protection from accidental discharge of pollutants into the
storm drain system. The owner or operator shall provide and maintain facilities to prevent
accidental discharge of prohibited materials or other wastes at the owner’s or operator’s
expense. Operators of construction sites, new or redeveloped land; and industrial and
commercial facilities shall minimize the discharge of pollutants to the MS4 through the
installation, implementation, and maintenance of BMPs consistent with the California
Stormwater Quality Association (CASQA) Best Management Practice Handbooks or
equivalent.
D. Erosion and Sediment Control Plan Submittal. Prior to issuing a grading or building
permit, the operator of the construction activity shall prepare and submit an erosion and
sediment control plan to be reviewed by the city. An erosion and sediment control plans
shall not be approved unless it contains, to the satisfaction of the City, appropriate site-
specific construction site BMPs and includes the rationale used for selecting BMPs
including supporting soil loss calculations, if necessary. The erosion and sediment control
plan must also list applicable permits directly associated with the grading activity,
including, but not limited to the State Water Board’s Construction General Permit (CGP),
State Water Board 401 Water Quality Certification, U.S. Army Corps 404 permit, and
California Department of Fish and Wildlife 1600 Agreement. The operator must submit
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evidence to the city that all permits directly associated with the grading activity have been
obtained prior to commencing the soil disturbing activities authorized by the grading
permit. If the erosion and sediment control plan is revised, the city shall review and
approve those revisions. A SWPPP developed pursuant to the CGP may substitute for
the erosion and sediment control plan. The City may request all information necessary
from the permit applicant and/or operator of the construction activity to assess compliance
with this Chapter.
EC. SWPPP Submittal and Maintenance. Prior to the city’s issuing any permit for
activities which may contribute to pollution of the storm drain system, the person seeking
the permit mustprojects that disturb one acre or more of soil or disturb less than one acre
but are part of a larger common plan or development or sale are subject to the
Construction General Permit (CGP) and must obtain a Waste Discharger Identification
(WDID) number from the Regional Water Quality Control Board (RTWQCB). The WDID
is obtained by submitting a Notice of Intent (NOI) and Storm Water Pollution Prevention
Plan (SWPPP) to the RWQCB. The SWPPP shall include detailed information describing
the potential sources of pollution that may be created by the project being permitted and
the recommended BMPs that will be applied. The information shall be sufficient to be
used to direct a contractor to perform the BMPs and to recognize whether the BMP is
achieving the required effectcomply with the requirements of the CGP. The director will
approve review the SWPPP once the director is satisfied that the SWPPP meetsfor
compliance with the requirements of this chapter. The SWPPP is a “living” document,
meaning it must be adjusted during the course of the construction activity to adapt to new
or unforeseen conditions and changing work to maintain compliance with the
requirements of this chapter and any implementation guidelines promulgated by the city.
F. Compliance Assurance Deposit. A person with a project that includes a grading permit
or any other permit that is likely to create a source of pollution shall submit a SWPPP
compliance assurance construction security deposit in an amount to be fixed by the
director to ensure NPDES compliance in accordance with the approved SWPPP. Should
a project have inadequate BMPs, resulting in an illegal discharge, and if the SWPPP
holder fails immediately to implement or maintain necessary BMPs to comply with this
chapter, upon receiving notice from the city, the city or its agent will install the BMPs and
deduct payment for this work from the compliance assurance deposit. If that occurs, the
compliance assurance deposit must be replenished to the original amount, or to the
amount expended by the city for BMP installation, whichever is higher, and the city will
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issue a stop work order on the project until such occurs. When the project has received
final clearance, the director will release the compliance assurance deposit. Compliance
with this section does not absolve a person from other penalties and fines as provided for
in this chapter.
GD. New Development and Redevelopment Design Standards. The city will adopt
design standards requiring appropriate BMPs to control the volume, rate, and potential
pollutant load of storm waterstormwater runoff from newly developed and redeveloped
property. Such requirements are incorporated, unless specifically waived by the director,
in any land use entitlement and construction or building-related permit to be issued
relative to such development or redevelopment. The owner and developer shall comply
with the terms, provisions, and conditions of such land use entitlements and building
permits as required in this section.
E. Compliance Assurance Deposit. A person with a project that includes a grading permit
or any other permit that is likely to create a source of pollution shall submit a SWPPP
compliance assurance construction security deposit in an amount to be fixed by the
director to ensure NPDES compliance in accordance with the approved SWPPP. Should
a project have inadequate BMPs, resulting in an illegal discharge, and if the SWPPP
holder fails immediately to implement or maintain necessary BMPs to comply with this
chapter, upon receiving notice from the city, the city or its agent will install the BMPs and
deduct payment for this work from the compliance assurance deposit. If that occurs, the
compliance assurance deposit must be replenished to the original amount, or to the
amount expended by the city for BMP installation, whichever is higher, and the city will
issue a stop work order on the project until such occurs. When the project has received
final clearance, the director will release the compliance assurance deposit. Compliance
with this section does not absolve a person from other penalties and fines as provided for
in this chapter.
F. Responsibility to Implement BMPs. Any person engaged in activities or operations, or
owning facilities or property which will or may result in pollutants entering storm water or
the storm drain system, shall implement BMPs to prevent and reduce such pollutants.
The owner or operator of a commercial or industrial establishment shall provide protection
from accidental discharge of prohibited materials or other wastes into the storm drain
system. The owner or operator shall provide and maintain facilities to prevent accidental
discharge of prohibited materials or other wastes at the owner’s or operator’s expense.
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HG. Responsibility to Identify and Post. For the purposes of implementing Section 374
of the California Penal Code and the requirements of this chapter, pProperty owners are
required to mark and/or post all drainage inlets that have a connection to the creek
system, either directly or through a portion of the storm drain system, as follows:
1. Signs. Property owners of an apartment complex consisting of four or moremulti-
family residential units shall be responsible for causing a sign to be posted in a
conspicuous location as close as possible to each drainage inlet with the following
wording in English and Spanish:
DUMP NO WASTE – DRAINS TO CREEK –
DUMP NO WASTE
NO DESCARGUE BASURA – DESAGUE AL
ARROYO
SLOMC SEC 12.08.15012.08.090
PENAL CODE SECTION 374
Sign specifications shall be available from the community development department.
2. Placard. Property owners shall be responsible for causing a placard, conforming
to city engineering standards, to be installed at each drainage inlet.
3. Maintenance. Property owners shall be responsible for maintaining signs and
placards, ensuring they remain legible. (Ord. 1543 § 2 (part), 2010)
12.08.160 Maintenance.
A. General. Property owners are responsible to maintain their premises in such a way
as to comply with this chapter and prevent migration of pollutants into the storm drain
system.
B. Construction Storm WaterStormwater Devices. BMPs installed during construction or
as measures for postconstruction storm waterstormwater shall be maintained as required
to ensure proper operation. Failure to maintain construction BMPs will result in a stop
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work order being issued until the site is in conformance with the requirements of this
chapter. Failure to maintain required BMPs may also subject the property owners to
administrative fines.
C. Postconstruction Storm WaterStormwater Devices. Property owners of development
or redevelopment projects which require installation of postconstruction storm
waterstormwater devices shall submit a maintenance plan or manufacturer’s
maintenance guide for those devices as part of the project submittal. The plan or guide
provided shall be considered the minimum maintenance required, with additional
maintenance performed as needed to comply with this chapter.
All property owners with postconstruction storm waterstormwater devices on their
property shall submit to the director annual inspection/maintenance reports to confirm
continued compliance with this chapter. Reports shall be signed and certified by the
property owner or the authorized representative and submitted no later than June 15 each
year.
All property owners with postconstruction storm waterstormwater devices on their
property shall enter into an agreement with the city, to be recorded, documenting the
devices, the required maintenance and the responsibility by the property owners for
maintenance and reporting.
All property owners shall adhere to the operation and maintenance plan and maintain,
clean, correct, and replace any failing structural stormwater control measures (SCMs) to
return to good working order.(Ord. 1543 § 2 (part), 2010)
12.08.170 Watercourse protection.
A. Every person owning, leasing property or otherwise controlling property (“owner”)
through which a watercourse originates or passes shall keep and maintain that part of the
watercourse within the property free of trash, debris, and other obstacles that would
pollute, contaminate, or significantly retard the flow of water through the watercourse. The
owner shall not remove healthy bank vegetation beyond that what is actually necessary
for maintenance, nor perform vegetation management in such a manner as to increase
the vulnerability of the watercourse to erosion. The owner shall be responsible for
maintaining and stabilizing that portion of the watercourse that is within that owner’s
property, within regulatory frameworks, to a reasonable standard as determined by the
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director, in order to protect against erosion and degradation of the watercourse originating
or passing through the property.
B. Every owner of property through which a watercourse originates or passes shall
maintain existing privately owned structures within or adjacent to a watercourse, so that
such structures will not become a hazard to the use, function, or physical integrity of the
watercourse.
C. Every owner is responsible to for obtaining all permits and complying with all laws,
rules, and regulations of state or federal agencies that may have jurisdiction over
wetlands and waterways. Maintenance must be done in a manner that does not adversely
impact waterway species. (Ord. 1543 § 2 (part), 2010)
12.08.180 Connections to public storm drain system.
A. Permit Required. Any person who owns an existing connection or intends to connect
directly to a public storm drain system must have a permit issued by the city to do so.
B. Cost of Inspection. Each person owning a connection to a public storm drain system
shall pay an annual inspection fee, as set forth in the creek and flood protection fee
schedule, to cover the cost of routine inspection, reporting review, and sampling. Each
owner shall make the connection available for inspection by the City upon reasonable
notice on at least an annual basis and when the City has reason to believe the connection
is not operating correctly.
C. Compliance Notice. The director shall require by written notice that a person with an
illicit connection to the public storm drain system comply with the requirements of this
chapter to eliminate or secure city approval for the connection by a specified date,
regardless of whether or not the connection had been established or approved prior to
the effective date of the ordinance codified in this chapter, or through prior permit. If the
person with an illicit connection can demonstrate to the director that an illegal discharge
will not occur, the person may request the director’s approval to maintain the connection
and shall obtain the required permit.
D. Sampling and Reporting. Any connection to the public storm drain system must
include a sampling port to allow the city to verify discharge quality. The person owning
the connection to the public storm drain system must submit to the director self-monitoring
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reports to assess and assure continued compliance with this chapter. Reports shall be
signed by the property owner or the authorized representative. Sampling and reporting
shall conform to the provisions of the permit.
E. Agreement Concerning Permit. Any person to whom the city has issued a permit
under this section shall enter into an agreement with the city, which agreement shall be
recorded and shall reflect the provisions of this section.
F. Transfers of Property—New Permit Required. Whenever a person to whom the city
has issued a permit under this section transfers the property to which the permit is
attached, the transferee has thirty days in which to obtain a new permit in the transferee’s
name. If such permit is not obtained, the connection will be deemed illicit. (Ord. 1543 § 2
(part), 2010)
12.08.190 Requirement to eliminate illegal discharges and remediate.
Whenever the director determines that a discharge of pollutants is occurring, or has
occurred, and the discharge has caused, or will cause, pollution of storm waterstormwater
or the storm drain system, or determines an illegal discharge is occurring or has occurred,
the director will require by written notice to the property owner and/or their authorized
representative (A) remediation of the pollution and restoration of the affected property
within a specified time/date72 hours of notification, or sooner if a high risk spill occurs,
and (B) discontinuance of the discharge and, if necessary, implementation of measures
to eliminate the source of the discharge to prevent the occurrence of future illegal
discharges. If the city agrees that the necessary clean up activities cannot be completed
within 72 hours, the city shall issue a new timeframe for compliance and notify the Central
Coast Regional Water Quality Control Board of the new timeframe within five business
days of that determination. (Ord. 1543 § 2 (part), 2010)
12.08.200 Requirement to monitor and analyze.
The director may require any person engaged in any activity, and/or owning or operating
any facility, which may cause or contribute to storm waterstormwater pollution, illegal
discharges, and/or non-storm waterstormwater discharges to the storm drain system, to
undertake, at the person’s expense, a monitoring, analysis, and reporting program, as
approved by the director, to determine compliance with this chapter.
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Should there exist any condition of uncontrolled sources of pollutants that could post an
environmental threat, the director will require by written notice to the property owner
and/or operator and/or their authorized representative abatement of the condition within
30 days of notification. If the city agrees that the necessary abatement/clean-up activities
cannot be completed within 30 days, the city shall issue a new timeframe for compliance
and notify the Central Coast Regional Water Quality Control Board of the new timeframe
within five business of that determination. (Ord. 1543 § 2 (part), 2010)
12.08.210 Reporting and remediating discharges—Retention of records.
A. Notification. In the event of a release of a hazardous material, any property owner,
authorized person or any other person responsible for property, a facility or an operation,
shall immediately notify emergency response officials of the occurrence via emergency
dispatch services (911).
In the event of a release of any pollutant such that it enters an enclosed system or
waterway, any property owner, authorized person or any other person responsible for a
property, a facility or an operation shall notify the director in person or, by phone, or by
facsimileat the address and phone number listed below no later than five p.m. of the same
business day or, if on a weekend or holiday, by ten a.m. of the next business day.
Notification in person or by phone shall be confirmed by written notice addressed and
mailed to the director within two business days of the in-person or phone notice.
879 Morro Street, San Luis Obispo, CA 93401
805-781-7312
B. Remediation. Notwithstanding other requirements of law, as soon as any property
owner, authorized person, or any other person responsible for property, a facility or an
operation, or the person responsible for emergency response for a facility or operation,
has information of any known or suspected release of pollutants which may result or have
resulted in illegal discharges or pollutants discharging into storm waterstormwater or the
storm drain system from the property, facility or operation, the person shall take all
necessary steps to ensure the containment, and remediation of such release.
C. Commercial/Industrial Properties. If the reported discharge emanates from a
commercial or industrial property, the owner or operator of the property shall also retain
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an on-site written record of the discharge and the actions taken to prevent its recurrence.
Such records shall be retained for at least three years from the date of the occurrence
and be available for inspection by the director. (Ord. 1543 § 2 (part), 2010)
12.08.220 Authority to inspect, sample, establish sampling devices, and test.
Whenever the director determines it is necessary to make an inspection to verify
compliance with this chapter, investigate potential violations of this chapter, or to make
an inspection to enforce any provision of this chapter, or whenever the director has
reasonable cause to believe that there exists a condition which constitutes a violation of
this chapter, the director may enter the premises during normal business hours to inspect,
take water samples, perform any testing deemed necessary to aid in the inspection,
record site activities, and inspect and copy records related to storm waterstormwater
compliance. During any inspection, the director may establish on any property such
devices as are necessary to conduct sampling or metering operations. If the director is
refused entry after a request to enter and inspect has been made, the city may seek
assistance from any court of competent jurisdiction in obtaining such entry.
Prior to occupancy of a project subject to the Central Coast Post-Construction
Requirements, site access shall be granted to all representatives of the city for the sole
purpose of performing operation and maintenance (O&M) inspections of the installed
stormwater control measures (SCMs).
If the director has reasonable cause to believe that discharges to the storm drain system
are so hazardous, unsafe, or dangerous as to require immediate inspection to safeguard
public health or safety or the integrity of the storm drain system, the director shall have
the right to immediately enter and inspect the property and may use any reasonable
means required to effect such entry and make such inspection. (Ord. 1543 § 2 (part),
2010)
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12.08.230 Notice of violation.
A. Violation Conditions. Whenever the director finds that a person has violated this
chapter, the director may issue to the person a notice of violation and order compliance.
Such notice may require without limitation:
1. Monitoring, providing analyses, and reporting;
2. Eliminating illicit connections or discharges;
3. Cease and desist of discharges, practices, or operations;
4. Abating or remediating storm waterstormwater pollution or contamination
hazards, and restoring the affected property;
5. Implementing source control or treatment BMPs; and
6. Paying a fine and administrative and remediation costs.
B. Abatement. If abatement of a condition and/or restoration of affected property is
required, the notice shall set forth a deadline within which such abatement or restoration
must be completed. The notice shall further provide that if there is not compliance with
the notice within the established deadline, the city may abate the condition and/or restore
the property, and the expenses thereof shall be charged to the property owner and/or the
person responsible for the violation. (Ord. 1543 § 2 (part), 2010)
12.08.240 Appeal.
Except as provided in Section 12.08.260, Urgency abatement, any person receiving a
notice of violation may appeal following the procedures in Chapter 1.20. (Ord. 1543 § 2
(part), 2010)
12.08.2450 Abatement by city; City’s remedies.
Dischargers of pollutants into the MS4 are required to abate and clean up their discharge,
spill, or pollutant within 72 hours of notification; high risk spills should be cleaned up as
soon as possible (see Section 12.08.190). A condition of uncontrolled sources of
pollutants that could pose an environmental threat must be abated within 30 days of
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notification (see Section 12.08.200). If the violation has not been corrected pursuant to
the requirements set forth in the notice of violation, and ten days have passed, or if an
appeal of the notice of violationadministrative citation was filed and ten days have passed
from the date of the decision upholding the decision of the director, then the city or its
agents may enter upon the property and take any and all measures necessary to abate
the violation and/or restore the property. If the city or its agents is refused entry for this
purpose, the city shall seek the assistance of any court of competent jurisdiction to
authorize entry. It shall be unlawful for any person, owner, agent or person in possession
of any premises to refuse to allow the city or its agents to enter upon the premises for the
purposes set forth above. The remedies set forth in this Chapter are cumulative to all
other remedies available to the City, including but not limited to pursuit of criminal
prosecution, institution of appropriate civil actions or proceedings in a court of competent
jurisdiction and cost recovery, in which case the city’s costs of abatement would be a lien
on the property. (Ord. 1543 § 2 (part), 2010)
12.08.2560 Urgency abatement.
A. Immediate Abatement. The director may require immediate abatement of any
violation of this chapter that constitutes an immediate and significant threat to the health,
safety or well-being of the public.
B. Construction Sites. The director shall give verbal notice and issue a notice of violation
to persons owning or controlling construction sites with inadequate erosion and sediment
controls that such controls must be put in place immediately, and the city shall not allow
any other site work until the controls are in place.
C. Failure to Abate. If a violation as described in subsection A of this section is not
immediately abated, the city is authorized to enter the premises and take any and all
measures required to abate the violation. Any expenses incurred by the city related to
such abatement shall be charged to the property owner. Any relief obtained under this
section shall not prevent the city from seeking other and further relief authorized under
this chapter. (Ord. 1543 § 2 (part), 2010)
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12.08.2670 Charging cost of abatement/liens.Nuisance abatement lien.
A. Notice of Cost. If the city has incurred costs to abate a violation, the director shall
notify the property owner within thirty days of the cost, including administrative costs.
B. AppealObjections. Within fifteen days of the director’s notice, the property owner may
file with the city clerk a written appeal objecting to the amount of the costs. The city clerk
shall set the matter for hearing by the city council. The decision of the city council shall
be final.
C. Payment Due Date—Failure to Pay. If no appeal has been filed or if an appeal has
been filed and the city council has made a decision on the appeal, any cost due shall be
paid in full within ten days. If the costs are not paid in full within ten days, the costs shall
become a special assessment against the property and shall constitute a lien on the
property. The information shall be provided to the county auditor so that the auditor may
enter the amount of the assessment against the property, as it appears on the current
assessment roll, and the tax collector include the amount of the assessment on the bill
for taxes levied against the property. (Ord. 1543 § 2 (part), 2010)
12.08.2780 Violations – Penalties.
A. Violations. It shall be unlawful for any person to violate any provision or fail to comply
with any of the requirements of this chapter. Any condition caused or permitted to exist in
violation of any of the provisions of this chapter is a threat to public health, safety, and
welfare, and is declared and deemed a code violation and public nuisance, and may be
summarily abated or restored by the city at the violator’s expense, and/or a civil action to
abate, enjoin, or otherwise compel the cessation of such nuisance may be undertaken by
the city.
B. Penalties and Fines. A violation of, or failure to comply with, any of the requirements
of this chapter shall constitute a misdemeanor and may be punished as set forth in
Chapter 1.12. Violators are may also be subject to fines provided for in the administrative
code provisions of this code,administrative citations and fines pursuant to Chapter 1.24,
revocation of their business license, and/or for persons seeking to work in the right-of-
way, a prohibition from working within the right-of-way for a period of two years. All
remedies and penalties prescribed by this chapter are cumulative.
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C. Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies
authorized by this chapter, the director may, at their sole discretion, impose upon a
violator alternative compensatory actions, such as storm drain marking, attendance at
compliance workshops, creek cleanup, etc. (Ord. 1543 § 2 (part), 2010)
12.08.2890 Acts potentially resulting in a violation of the Clean Water Act and/or
the Porter-Cologne Act.
Any person who violates any provision of this chapter or any provision of any requirement
issued pursuant to this chapter may also be in violation of the Clean Water Act and/or the
Porter-Cologne Act and may be subject to the provisions of those acts including civil and
criminal penalties. Any enforcement action authorized under this chapter shall also
include written notice to the violator of such potential liability. (Ord. 1543 § 2 (part), 2010)
SECTION 5. Chapter 13.04 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
Chapter 13.04 - WATER SERVICE
13.04.010 Definitions.
As used in this chapter, the following terms shall have the meanings specified:
A. “Adequate transmission system” means a water transmission system that is capable
of supplying simultaneously, at a specific site under consideration, the required fire flow
and the maximum daily rate of consumption.
B. “Applicant” means the person or entity who applies for a new water account with the
city of San Luis Obispo.
C. “Cross-connection” means any physical connection between the piping system from
the city service and that of any other water supply that is not, or cannot, be approved as
safe and potable for human consumption, whereby water from the unapproved source
may be forced or drawn into the city distribution main.
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D. “Curbstop” means the city-owned valve attached to the water meter which can turn
water on or off to a parcel.
E. “Customer” means the person or entity under whose name a water account is created
and who is ultimately responsible for payment of all charges incurred on the account.
F. “Date of presentation” means the billing date as referenced on the billing statement.
G. “Distribution main” means a water line in a street, alley, or right-of-way used for
general distribution of water and from which water service is available to a parcel.
H. “Maximum daily rate of consumption” means the average rate of flow, as estimated
by the utilities department from actual city records, which is consumed during a twenty-
four-hour period at maximum use.
I. “Parcel” means a tract of land including improvements, to which water service is or will
be provided.
J. “Parcel valve”, also referred to as a “customer valve”, means a valve on the parcel
side of the water meter which turns water on or off to a parcel. The valve is the parcel
owner’s responsibility to maintain in working order.
K. “Private fire protection service” means water service for sprinkler systems, hydrants,
hose reels and other facilities used specifically for fire protection on a parcel.
L. “Private pumping equipment” means any equipment attached to a water service and
installed on private property for the purpose of increasing water pressure to that parcel.
M. “Private service line” means the water line that connects the city’s water meter to the
point of entry to a parcel’s dwelling(s) and/or irrigation system(s).
N. “Regular water service” means water service rendered for normal domestic,
commercial, industrial, and irrigation purposes on a permanent basis and for which the
city’s general rates and regulations are applicable.
O. “Reliable water distribution system” means a system of public water mains capable
of supplying a sufficient quantity of water to satisfy simultaneously the maximum daily
rate of consumption and the required fire flow for a given site.
P. “Required fire flow” means the rate of flow required by the fire chief pursuant to the
authority of Appendix B of the California Fire Code and determined in conformance with
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the latest edition of the Guide for Determination of Required Fire Flow as published by
the Insurance Services Offices, or any subsequent recognized standard adopted by
resolution of the city council.
Q. “Service connection” means the point of connection where the city’s water meter
meets the parcel’s private service line.
R. “Services” means the service pipeline and appurtenant facilities such as the curbstop,
water meter and meter box, all used to extend water service from the distribution main to
the curbline. Where services are divided at the curb or parcel line each such branch
service shall be termed a separate service.
S. “Utilities” means the utilities department of the city of San Luis Obispo and its duly
authorized representatives. (Ord. 1597 § 1, 2014: Ord. 1428 § 2 (part), 2002: prior code
§ 7410.1. Formerly 13.04.020)
13.04.050 Initiation of water service.
A. Each applicant initiating water service shall be required to provide information
according to the procedures established by the director of utilities finance and information
technology and to pay a new account setup fee established by resolution of the city
council.
B. All applicants for water service may be required to deposit an amount established
from time to time by resolution of the city council prior to initiation or restoration of water
service.
C. An application for water service may not be honored unless payment in full has been
made for water service previously rendered to the applicant by the city.
D. Applications for water service to parcels for which a service connection has already
been installed may be made as set forth in this chapter. Such application will signify the
applicant’s willingness and intention to comply with these regulations and to all
modifications thereof, and to new regulations or rates duly adopted, and to make payment
for water service rendered.
E. If application is made for service to a parcel where no water service connection has
been installed, but a distribution main is adjacent to the parcel, the applicant, in addition
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to making application for service, shall comply with the regulations governing the
installation of water services and pay all applicable fees. (Ord. 1597 § 5, 2014: Ord. 1428
§ 2 (part), 2002: Ord. 1204 §§ 1, 2, 1992: prior code §§ 7410.2 and 7410.4. Formerly
13.04.030)
F. Customer’s Request for Service Initiation. A customer may have his or her water
service initiated by notifying the utilities department at least one business day in advance
of the desired date of initiation. The customer will be required to pay all water charges
from the date of such initiation as well as an account setup fee.
13.04.060 Discontinuation of water service.
Each customer discontinuing water service shall be required to provide information
according to the procedures established by the director of utilities.
A. Nonpayment of Bills.
1. A customer’s water service may be discontinued if a bill is not paid on or before
sixty days from the date the bill becomes delinquent, in accordance with Health &
Safety Code §116900 et seq.
2. A customer’s unpaid balance for water service previously rendered by the city
may be transferred to that same customer’s current water service and water service
may be discontinued if water service furnished at a previous location is not paid on or
before sixty days from the date the bill becomes delinquent.
3. If a customer receives water service at more than one location, and the bill for
service at any one location is not paid on or before sixty days from the date the bill
becomes delinquent, water services at all locations may be discontinued.
B. Unsafe Apparatus. The utilities department may discontinue service to any parcels
where apparatus, appliances, or equipment using water is dangerous, unsafe, causing
damage or not in conformity with any laws or ordinances.
C. Service Detrimental to Others. The utilities department may discontinue service to
any parcels where the demand may be detrimental or injurious to the service furnished to
other customers.
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D. Fraud, Theft, and Abuse. The utilities department shall have the right to refuse or to
discontinue water service to any parcels to protect itself against fraud, theft, or abuse.
E. Noncompliance. The utilities department may, unless otherwise provided, discontinue
water services to a customer for noncompliance with any of these regulations if the
customer fails to comply with them within five days after the date of presentation of written
notice of the utilities department’s intention to discontinue service. If such noncompliance
affects matters of health and safety and/or is causing property damage, and conditions
warrant, the utilities department may discontinue water service immediately.
F. Customer’s Request for Service Discontinuance. A customer may have his or her
water service discontinued by notifying the utilities department at least one business day
reasonably well in advance of the desired date of discontinuance. He or sheThe customer
will be required to pay all water charges until the date of such discontinuance.
G. Restoration—Reconnection Charges. The utilities department may charge such
amount as may be established from time to time by resolution of the city council (as
otherwise authorized by state law) for restoring water service which has been
discontinued because of noncompliance with these rules. (Ord. 1677 § 2, 2020: Ord. 1597
§ 6, 2014: prior code § 7410.17. Formerly 13.04.180)
H. Disconnection from City Infrastructure – In the instance of repeated theft of City water
service where an illegal device also known as a “jumper” has been installed to convey
water in lieu of a removed City water meter, the Utilities Director may authorize the
physical disconnection of the water service lateral from the City water main to prevent
continued theft and to protect the distribution system from contamination. All costs
associated with the disconnection of the water service, including excavation, physical
exclusion, etc., will be the sole responsibility of the parcel owner and will be subject to
cost recovery. Once disconnection has occurred, any subsequent reconnection will be at
the cost of the parcel owner and will require the parcel owner to follow City policies and
procedures required for a new water service line connection to the City’s water distribution
system, including meeting current construction specifications. Reconnection to the
system will be at the discretion of the Utilities Director. Disconnection from the City’s water
distribution system as a result of an immediate risk to public health will not be subject to
5-day notification requirements outlined in subsection E.
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13.04.070 Illegal consumption.
A. When a meter shows consumption of water after service has been officially
discontinued, the owner of the parcel served will be held responsible for payment for the
water consumption. In addition, the parcel owner will pay the city a new account setup
fee for the water illegally consumed after service was previously discontinued. Water shall
not be turned on again for a service connection until the illegal consumption has been
fully paid for. (Ord. 1597 § 7, 2014)
B. Tampering with any curbstop, meter, backflow device, hydrant, etc. for the purposes
of taking water without paying is a violation of the municipal code and is subject to a
penalty of up to $1,000 and cost recovery for any work associated with the theft or repairs
to City infrastructure that occurs from the taking of water illegally,. including without
limitation damage to City valves, hydrants, mains, service laterals, etc.
13.04.130 Water meters.
A. All meters installed shall be located only in and upon streets, easements or rights-of-
way that have been formally dedicated and accepted for public use, and shall be owned
by the city.
B. Changes in Size of Water Meter.
1. The cost to change the size of a meter on existing services will be at the parcel
owner’s or customer’s expense.
2. A request for a change in size of meter will require approval of the utilities director.
Upon approval, the parcel owner or customer will be responsible for obtaining all
necessary permits (plumbing, encroachment, etc.) and payment of any applicable
expenses and fees.
3. Parcels with flow rates having an average rate that exceeds the meter
manufacturer’s maximum rated operating flow or other reliable benchmark as
determined by the utilities department shall be required to upsize the meter at parcel
owner or customer’s expense, including payment of any applicable expenses and
fees.
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C. Change in Location of Meters. Meters moved for the convenience of the parcel owner
or customer shall be approved by the utilities department and will be relocated at the
parcel owner or customer’s expense.
D. Meter Errors.
1. Meter Test.
a. On parcel owner or customer request:
i. A parcel owner or customer may, giving not less than one week’s notice,
request the utilities department to test the meter serving his or her parcel.
ii. To cover the reasonable cost of a meter test, the utilities department will
require the parcel owner or customer to deposit such amount as may be
established from time to time by resolution of the city council.
iii. This deposit will be returned if the meter is found to register more than
two percent fast. The parcel owner or customer will be notified not less than
five days in advance of the time and place of the test.
iv. A written report giving the results of the test will be shown to the parcel
owner or customer within ten days after completion of the test.
2. Adjustment of Bills for Meter Error. When, upon test, a meter is found to be
registering more than two percent fast under conditions of normal operations, the
utilities department will refund to the customer the full amount of the overcharge,
based on corrected meter readings for the period, not exceeding one year that the
meter was in use.
3. Non-registering Meters. The utilities department may bill the customer for water
consumed while the meter was not registering. The bill will be computed upon an
estimate of consumption based either upon the customer’s prior use during the same
season of the year or upon a reasonable comparison with the use of other customers
receiving the same class of service during the same period and under similar
circumstances and conditions.
4. Retirement or Removal of Meter. The cost of retiring or removing a meter service
for the convenience of the parcel owner will be at the parcel owner’s expense.
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5. Reverse Flow. If a meter has shown reverse flow and there is evidence a meter
has been intentionally removed and reinstalled backwards, in an effort to register
reverse flow for the purpose of defrauding the City of revenue, the department may
estimate the volume of water consumed for the purposes of accurate billing. Billing
estimates may be made based on prior water consumption at the property or
estimates based on lot size. Cost recovery for water meter removal and reinstallation
will be assessed in addition to any water consumption charges.
E. Size of Water Meter. Water meters shall not be larger in size than the associated
water service size. Sizing calculations shall be provided to justify service and meter sizing.
F. Where a nonresidential, multifamily, or mixed-use project has one thousand square
feet of landscaping or greater, the project shall provide a separate city-owned landscape
water meter.
G. New residential and nonresidential uses within a mixed-use development shall be
separately metered.
H. New caretaker units, duplexes, triplex, and fourplex units shall be separately metered.
Dwellings with five or more units shall have privately owned sub-meters.
I. All new residential and commercial condominiums shall be separately metered.
Privately owned sub-meters may be provided by the property owner upon approval of the
utilities director or her/his designee. The CC&Rs for the property/homeowner association
(P/HOA) shall require that the sub-meters be read monthly by the association (or P/HOA
contracted service) and each condominium billed according to water use. Records of
meter reading and associated billing shall be provided to the city upon request.
J. New attached or detached accessory dwelling unit may connect to the property’s
primary residential meter if maximum flow velocities through the water meter meet
California Plumbing Code requirements. (Ord. 1704 § 3, 2021; Ord. 1597 § 13, 2014: prior
code §§ 7410.12 and 7410.16. Formerly 13.04.170)
K. Separate submeters shall be installed in accordance with Division 5.3 of the California
Green Building Code.
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13.04.140 Installation of control valves required.
A. The parcel owner shall install a suitable valve, as close to the meter location as
practicable, the operation of which will control the entire water supply from the meter.
B. The operation by the parcel owner or customer of the City-owned curbstop in the
meter box is not permitted. (Ord. 1597 § 14, 2014: prior code § 7410.19. Formerly
13.04.200)
13.04.150 Responsibility for equipment.
A. Parcel Equipment. The parcel owner or customer shall, at his or her own risk and
expense, furnish, install and keep in good and safe condition all equipment that may be
required for receiving, controlling, applying and utilizing water, and the city shall not be
responsible for any loss or damage caused by the improper installation of such water
equipment, or the negligence, want of proper care or wrongful act of the parcel owner or
customer or of any of his or her tenants, agents, employees, contractors, licensees or
permittees in installing, maintaining, using, operating or interfering with such equipment.
The city shall not be responsible for damage to property caused by spigots, faucets,
valves and other equipment that are open when water is turned on at the meter, either
when the water is turned on originally, or when turned on after a temporary shutdown.
B. City Property. The parcel owner or customer shall be liable for any damage to a meter,
curbstop, water meter box or other equipment or property owned by the city which is
caused by an act of the parcel owner or customer or his or her tenants, agents,
employees, contractors, licensees, or permittees, including the breaking or destruction of
locks, seals, controls, devices, radios, or tags by the parcel owner or customer or others
on or near a meter. The city shall be reimbursed by the parcel owner or customer for any
damage promptly on presentation of a bill.
C. Private Pumping Equipment. The utilities department must approve the installation
and operation of all private pumping equipment before city water service will be provided.
Any pumping facility that does not incorporate an automatic shutoff control that will
positively prevent motor burnout during periods of low or negative pressure will not be
approved.
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This section shall not be construed to excuse the obtaining of appropriate city council,
and other, approvals necessary to permit (1) city water service, and (2) installation and
operation of private pumping equipment.
D. Parcel owner or customer is responsible for maintaining plumbing connection on the
parcel side of the meter. Parcel owner or customer equipment must be able to withstand
meter change-outs and shutoffs. Parcel owner or customer shall repair their equipment if
determined necessary by the city.
E. Parcel owner or customer is responsible for maintaining acceptable access to the
water meter as determined by the city. At a minimum a two-foot clearance must be
provided around meter. City staff have a right to make the area accessible without notice
to access the meter, which may include trimming or removal of plants or other landscaping
materials. All costs associated with gaining access will be charged to the customer. City
staff will give at least 48-hours of notice of the need for access, if possible, in non-
emergency situations.
F. No additions can be made in the meter box other than primary city water service or
an approved remote flow monitoring device. Approval of the addition of flow monitoring
devices will be made by the Utilities Director or his/her designee. Replacement or repair
of a city owned water meter will not be delayed due to a parcel owner’s use of a privately
owned flow monitoring device.
G. Ground Wire Attachments. All individuals or business organizations are forbidden to
attach any ground wire or wires to any plumbing which is or may be connected to a service
connection or main belonging to the city; the utilities department will hold the parcel owner
or customer liable for any damage to its property occasioned by such ground wire
attachments.
H. The utilities department does not assume liability for inspecting apparatus on the
parcel owner or customer’s property. The utilities department does reserve the right of
inspection, however, if there is reason to believe that unsafe apparatus is in use. (Ord.
1597 § 15, 2014: prior code § 7410.18. Formerly 13.04.190)
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13.04.160 Parcel owner’s duty to protect against danger of cross-connections.
A. The parcel owner must comply with state, county, and federal laws governing the
separation of dual water systems or installation of backflow protection devices to protect
the public water supply from the danger of cross-connections. (Ord. 1597 § 16, 2014:
prior code § 7410.20. Formerly 13.04.210)
B. Any residential parcel adjacent to a parcel receiving recycled water may be required
to install a backflow prevention device on the potable water system. A parcel owner may
be eligible for a rebate for device installation if the property is not a direct recipient of
recycled water.
C. Parcel owner must maintain backflow prevention devices per applicable state, county,
and federal laws and policies.
D. The City has the right and responsibility to discontinue any water service to a parcel
with a cross-connection prevention device that has not shown proof of good working order
to the authority having jurisdiction on at least an annual basis pursuant to the cross-
connection inspection program.
13.04.170 Interruption in service.
A. The city shall not be liable for damage or claims which may result from an interruption
in service. Temporary shutdowns may be made by the utilities department to make
improvements and repairs. Whenever possible and as time permits, all customers
affected will be notified prior to making such shutdowns.
B. Master metered properties Residential properties with a single water meter serving
more than three residential units, such as mobile home parks and large apartment
complexes must notify the utilities department and police department a minimum of
twenty-four hours prior to any planned interruptions in water service for repairs,
maintenance, or other reason. (Ord. 1597 § 17, 2014: prior code § 7410.21. Formerly
13.04.220)
13.04.180 Main extensions other than subdivisions.
A. Water mains may be extended by developers or other interested parties that would
benefit by their extension, at their cost, provided the improvements are designed to
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current city standards and policies and are approved by both the public works and utilities
directors.
B. The owner or developer who is required to installs improvements which abut property
other than that being developed or in a greater size or capacity than that required for the
development of the property under consideration may be reimbursed as provided in
Section 16.20.110.
C. Where an extension of the distribution main is necessary or a substantial investment
is required to furnish service, the applicant will be informed by the utilities department as
to whether or not the service can be extended under these regulations as set forth in this
chapter. (Ord. 1597 § 18, 2014: Ord. 1501 § 4, 2007. Formerly 13.04.100)
13.04.200 Fire hydrants.
A. Use of and Damage to City-Owned Fire Hydrants. No person, other than those
designated and authorized by the proper authority, or by the utilities department, shall
open any fire hydrant, attempt to draw water from it, or in any manner damage or tamper
with it. Any violation of this regulation will be prosecuted according to law.Operation of a
City hydrant without approval of the Utilities Department will result in a $1,000 penalty. In
addition to this penalty, any and all costs associated with the inspection, repair, or
replacement of any part or parts of the city water distribution system damaged, or
potentially damaged, as a result of the unapproved use will be assessed to the
responsible party. This includes but is not limited to damage to water mains, charges for
water use, expenses incurred for water quality sampling, or other repair costs to ensure
public health and safety. Any devices used to illegally remove water from City distribution
systems shall be confiscated. The rights of the City under this section to pursue cost
recovery and impose a monetary penalty are cumulative to the City’s right to pursue
criminal prosecution pursuant to California Penal Code section 148.4 and California Penal
Code Section 498. The choice of remedy or remedies is at the sole discretion of the City.
B. Unapproved Use of Privately-Owned Fire Hydrants. The use of unmetered privately-
owned fire hydrants that are connected to the City’s water system, for any purposes other
than those that related to fire services, with the intent of defrauding the City of fees or
other revenue for water use will result in a mandatory $1,000 penalty. Any costs
associated with the inspection, repair, or replacement of the City water distribution system
damaged, or potentially damaged, as a result of the unapproved use will be assessed to
the responsible party. This includes but is not limited to damage to water mains, charges
for water use, expenses incurred for water quality sampling, and other repair costs to
ensure public health and safety. Any devices used to illegally remove water from City
distribution systems shall be confiscated. The rights of the City under this section to
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pursue cost recovery and impose a monetary penalty are cumulative to the City’s right to
pursue criminal prosecution pursuant to California Penal Code section 148.4 and
California Penal Code Section 498. The choice of remedy or remedies is at the sole
discretion of the City.
CB. Moving of Fire Hydrants. When a fire hydrant has been installed in the location
specified by the proper authority, the utilities department has fulfilled its obligation. If a
property owner or other party desires a change in the size, type or location of the hydrant,
he or she shall bear all costs of such changes, without refund. Any change in the location
of a fire hydrant must be approved by the proper authority. (Ord. 1597 § 20, 2014: prior
code § 7410.25. Formerly 13.04.260)
13.04.220 Private fire protection service connections—Charges—Ownership.
A. Purpose. A private fire protection service connection in three- to ten-inch size will be
furnished only if adequate provision is made to prevent the use of water from such
services for purposes other than fire extinguishing.
B. Quantitative Charges.
1. Water for Fires. No charge will be made for water used to extinguish accidental
fires.
2. Water for Fire Storage Tanks. Occasionally water may be obtained from a private
fire service for filling a tank connected with the fire service, but only if written
permission is secured from the utilities department in advance and an approved
means of measurement is available. The rates for general use will be applied.
C. Violation of Agreement. If water is used from a fire service in violation of the
agreement or of these regulations, the utilities department may, at its option, discontinue
and remove the service.
D. Ownership of the Fire Service. All appurtenant equipment from the shut-off valve
closest to the water main, including the fire service mainline, connections, pumps, tanks,
chlorinators installed at any point in the line to the parcel’s water outlets shall be the sole
responsibility of the parcel owner, both as to the original installation and as to the
maintenance and upkeep. Such installations must be approved by the utilities
department.
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E. Pressure and Supply. The utilities department assumes no responsibility for loss or
damage because of lack of water or pressure and agrees only to furnish such quantities
and pressures as are available in its general water distribution system. (Ord. 1597 § 22,
2014: prior code § 7410.27. Formerly 13.04.280)
13.04.240 Privately owned water wells.
A. Appropriate use of privately owned wells is allowed on individual parcels. The use of
the water from a well shall only be utilized within the boundaries of the parcel on which it
is situated or at the discretion of the utilities director.
B. Installation of Water Meters on Private Wells. Within twelve months of the adoption
of the city’s groundwater sustainability plan, a well meter shall be installed at the private
owner’s expense at all properties where private well water is used for any of the following:
1. Nonresidential purposes in any quantity;
2. Irrigation of greater than one-half acre of landscaping;
3. Two acre-feet or greater of usage annually.
The water meter shall be public and property owners shall enter into a private well
metering agreement with the city for meter reading.
C. Existing well service that crosses property lines shall be corrected in conformance
with this section with any new development or subdivision. (Ord. 1704 § 4, 2021; Ord.
1597 § 24, 2014)
D. Prior to installation of a new groundwater well or the alteration of an existing well, a
property owner must first obtain written verification from The City of San Luis Obispo
Groundwater Sustainability Agency, ensuring that groundwater extraction by the
proposed well would not be inconsistent with the San Luis Obispo Valley Groundwater
Sustainability Plan and would not decrease the likelihood of achieving a sustainability
goal identified within the Groundwater Sustainability Plan; and that extraction of
groundwater from the proposed well is (1) not likely to interfere with the production and
functioning of existing nearby wells, and (2) not likely to cause subsidence that would
adversely impact or damage basin capacity or nearby infrastructure.
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This Paragraph shall not apply to wells (i) that will provide less than two acre-feet per year
of groundwater for individual domestic users, (ii) that will exclusively provide groundwater
to public water supply systems as defined in section 116275 of the Health and Safety
Code, or (iii) that are replacing existing, currently permitted wells with new wells that will
produce an equivalent quantity of water as the well being replaced when the existing well
is being replaced because it has been acquired by eminent domain or acquired while
under threat of condemnation.
13.04.250 Violations deemed misdemeanor.
Other than authorized water distribution staff, any person who operates or attempts to
open or close any water system valve, curbstop, hydrant, or other City-owned
infrastructure that regulates and controls the flow of water in the City’s water distribution
system shall be issued a penalty of up to $1,000, be guilty of a misdemeanor punishable
under Chapter 1.12, and shall also be held liable for any damage that may result from
such action. An employer may also be held liable for their employee’s illegal operation of
any City-owned water infrastructure and subject to the punishment(s) state herein. At the
City’s discretion, the employer and employee may be held jointly and severally liable for
any damage and staff costs resulting from the employee’s actions. Nothing in this section
impairs the City’s right to also seek criminal prosecution for any violations of this section
which are also violations of the California Penal Code (Ord. 1597 § 25, 2014: Ord. 1484
§ 11, 2005: prior code § 7410.29. Formerly 13.04.300)
SECTION 6. Chapter 13.06 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
Chapter 13.06 - MANDATORY INDOOR PLUMBING RETROFIT STANDARDS
Sections:
13.06.090 EnforcementPenalties–Infraction.
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13.06.010 Definitions.
A. “Change of ownership” means a transfer of a present interest in real property. Every
transfer of property shall qualify as a “change of ownership,” except transfer of title from
one spouse to another, whether the transfer is voluntary, involuntary, by operation of law,
by grant, gift, devise, inheritance, trust, contract of sale, addition or deletion of an owner,
property settlement, or any other means. “Change of ownership” effected other than by a
contract of sale shall be deemed to occur at the time of actual transfer of title. A “change
of ownership” resulting from a contract of sale or similar instrument shall be so regarded
only if escrow is opened or a contract of sale is executed, whichever occurs last, on or
after the effective date of this chapter.
B. “Change of use” means change of the occupancy classification as defined in the
Uniform Building Code.
C. “Existing residential building” means any structure built and intended primarily for the
shelter or housing of any person.
D. “Low water-use plumbing fixtures” means any toilet using a maximum of one and six-
tenths gallons per flush, shower heads designed to emit a maximum of two and one-half
gallons per minute (gpm) of water, any interior faucet that uses a maximum of two and
two-tenths gpm, and a urinal manufactured to use a maximum of one gallon per flush. are
those that comply with Sections 4.303.1.1, 4.303.1.2, 4.303.1.3, 4.303.1.4, 5.303.3.1,
5.303.3.2, 5.303.3.3, and 5.303.4.1 of the 2022 California Green Building Code. Where
Sections 1601 et seq. of Title 20 of the California Code of Regulations applying to water-
using appliances sold or offered for sale within the state specifies a lower maximum flow
rate than specified in the aforementioned sections of the California Green Building Code,
the lower maximum flow rate shall be required.
E. “Retrofit” means the replacement of a conventional plumbing fixture with low-water-
using plumbing fixtures.
F. “Water conservation certificate” means a certificate acknowledging that installation of
water-conserving plumbing fixtures has been completed. (Ord. 1704 § 7, 2021; Ord. 1224
§ 1, 1992)
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13.06.050 Verification.
A. Upon retrofitting with water-conserving plumbing fixtures, the seller, prior to the
change of ownership, shall obtain from the utilities department a “water conservation
certificate,” in accordance with administrative procedures established by the department,
verifying that water-conserving plumbing fixtures have been installed. The seller shall
have the plumbing fixtures inspected by a qualified home inspector, California licensed
plumber, or licensed general contractor.
B. “Water conservation certificates” shall also be available to those who voluntarily install
water-conserving plumbing fixtures or have installed water-conserving plumbing fixtures
prior to the effective date of this chapter.
C. The seller may transfer responsibility of retrofit upon sale to the buyer with approval
from the utilities director or designee. (Ord. 1704 § 8, 2021; Ord. 1224 § 1, 1992)
13.06.060 Notice of correction.
Whenever the utilities director determines that there is a property where low-water-use
plumbing fixtures have not been installed as required by this chapter or where such
fixtures have been removed since initial installation and replaced with other than low-
water-use fixtures, the utilities director or authorized designee may serve a notice of
correction on the owner(s) of the property on which the violation is situated and any other
person responsible for the violation. The owner of record shall have ninety days to take
corrective action. Failure to take corrective action within ninety days shall constitute a
violation of this chapter. (Ord. 1224 § 1, 1992)
13.06.070 Exemptions.
The utilities director may, at their sole discretion, exempt facilities from the provisions of
this chapter, and impose reasonable conditions in lieu of full compliance herewith, if the
director determines that there are practical difficulties involved in carrying out the
provisions of this chapter. The director may exempt facilities from the provisions of this
chapter when low-water-using fixtures are not available to match a historic architectural
style. The director shall require that sufficient evidence or proof be submitted to
substantiate any exemption or acceptance of alternatives. (Ord. 1224 § 1, 1992)
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13.06.080 Appeals.
A. Content of Appeals. An appeal may be made to an appeals board, consisting of
representatives from the community development department, finance department, and
utilities department, by any person aggrieved by a decision of the utilities director
pursuant to this chapter. The appellant must specifically state in the notice of appeal:
1. The name and address of the appellant and the appellant’s interest in the
decision.
2. The nature of the decision appealed from and/or the conditions appealed from.
3. A clear, complete, but brief statement of the reasons why, in the opinion of the
appellant, the decision or the conditions imposed were unjustified or inappropriate.
4. The specific facts of the matter in sufficient detail to notify the city. The appeal
shall not be stated in generalities.
B. Acceptance of Appeal. An appeal shall not be accepted by the board unless it is
complete.
C. Judicial Review. The decision of the appeals board shall be considered final
administrative action for purposes of judicial review. A party aggrieved by the decision of
the appeals board may seek judicial review by filing a complaint with the San Luis Obispo
Superior Court within sixty (60) calendar days.
(Ord. 1224 § 1, 1992)
13.06.090 Penalties–InfractionEnforcement.
It is unlawful to fail to comply with the retrofit requirements of this chapter or to alter or
replace low-water-use plumbing fixtures required by this chapter with fixtures other than
low-water-use plumbing fixtures. Violation of the provisions of this chapter shall constitute
an infraction. Each day any violation of this chapter continues shall be considered a new
and separate offense. Any person who violates any provision of this chapter is guilty of
an infraction and is subject to punishment as provided in Chapter 1.12 or may be cited
and fined pursuant to the administrative citation provisions of Chapter 1.24. (Ord. 1224
§ 1, 1992)
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13.06.110 Remedies cumulative.
The decision of the city to pursue either a civil, or criminal, administrative or abatement
action against a person violating any provision of this chapter shall not preclude further
relief by use of any other remedy provided herein, or by common law, statute, or
ordinance. (Ord. 1224 § 1, 1992)
SECTION 7. Chapter 13.07 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
Chapter 13.07 - WATER CONSERVATION
Sections:
13.07.050 EnforcementViolations.
13.07.020 Substandard runoff prohibited.
A. No person shall cause any water delivered by the city water system to flow away from
property owned, occupied, or controlled by such person in any gutter, ditch or in any other
manner over the surface of the ground, so as to constitute water waste runoff.
B. “Water waste runoff” is water flowing away from property and which is caused by
excessive application(s) of water beyond reasonable or practical flow rates, water
volumes or duration of application, or due to faulty systems that have not been repaired
within ten days72-hours of written notice from the city. (Ord. 1704 § 9, 2021; Ord. 1089
§ 1 (part), 1987)
13.07.030 Council water conservation powers.
A. When deemed necessary in the judgment of the city council to conserve water during
water shortage periods, as defined by the city’s water shortage contingency plan, the city
council may by resolution declare an emergency condition and enact any or all of the
following which in its judgment is deemed advisable after publication of notice thereof in
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a newspaper of general circulation distributed in the city or after reasonable notice thereof
is otherwise given by the city to users:
1. Limit irrigation within the city water service area to specified hours, a parcel-
specific allocation, or prohibit irrigation entirely within the service area or any portion
or portions thereof;
2. Limit all customers inside the city water service area to specified maximum
usages of water for each customer classification category.
B. In order to comply with any mandatory actions required by the State Water Board or
any other agency having jurisdiction over the waters of the state, the city council may by
resolution limit outdoor irrigation of ornamental landscapes or turf with potable water to
four, three or two days a week in accordance with the following schedules:
Four-Day a Week Schedule
Even numbered
addresses:
Mondays,
Tuesdays,
Thursdays, and
Saturdays
Odd numbered
addresses:
Mondays,
Wednesdays,
Fridays, and
Sundays
Three-Day a Week Schedule
Even numbered
addresses:
Sundays, Tuesdays
and Thursdays
Odd numbered
addresses:
Mondays,
Wednesdays and
Fridays
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Two-Day a Week Schedule
Even numbered
addresses:
Tuesdays and
Fridays
Odd numbered
addresses:
Mondays and
Thursdays
C. In order to comply with any mandatory actions required by the State Water Board or
any other agency having jurisdiction over the waters of the state, the city council may by
resolution limit outdoor irrigation of ornamental landscapes or turf with potable water
between the hours of 7:00 p.m. and 7:00 a.m.
Nothing in this subsection C shall limit the use of non-potable water for outdoor irrigation
of ornamental landscape or turf with the exception of a non-potable water shortage due
to the use of non-potable water as a supplemental water supply during a water shortage
emergency.
D. Public facilities that are used in a manner similar to city parks and recreation areas
may be exempt from irrigation restrictions, allowed a modified irrigation schedule, or
allowed turf renovation during a water shortage emergency due to community health
benefits and long-term environmental impacts. These facilities include, but are not limited
to, the following:
1. Emerson Field;
2. Meadow Park Field;
3. Mission Plaza Turf;
4. Santa Rosa Center Field;
5. Santa Rosa Softball Field;
6. Sinsheimer Stadium;
7. Stockton Field;
8. Throop Field;
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9. Damon Garcia Sports Fields;
10. French Park;
11. Islay Hill Park;
12. Laguna Lake Park;
13. DeVaul Park;
14. Laguna Lake Golf Course; and
15. Local schools.
E. Annual turf renovation, allowed under subsection D of this section, shall include an
initial germination period during which daily watering at these, and similar, facilities is
allowed for a period of up to six weeks. Following renovation, these facilities will be
allowed to be watered up to three days a week in order to sustain them.
F. The use of a hose equipped with a shutoff nozzle for hand watering of established
trees will be exempt from irrigation restrictions.
G. Hospitals, healthcare facilities, and other businesses requiring water for the health
and safety of at-risk people may apply for an exemption on a case-by-case basis. This
exemption may be granted at the discretion of the utilities director or their designee. (Ord.
1704 § 10, 2021; Ord. 1631 § 2, 2016; Ord. 1619 § 2, 2015: Ord. 1607 § 3, 2014: Ord.
1116 § 2 (part), 1988)
H. Nothing in this Chapter shall be deemed to allow the use of potable water for the
irrigation of non-functional turf where prohibited by state law.
13.07.050 EnforcementViolations.
A violation of this chapter shall constitute an infraction and may be punishable Any person
who violates any provision of this chapter is guilty of an infraction and subject to
punishment as provided in Chapter 1.12 or may be cited and fined pursuant to the
administrative citation provisions of Chapter 1.24. Violations may also subject the
property owner or user to by this code and/or result in discontinuance of water service as
provided in Sections 13.04.060 13.04.180 (Discontinuance of service) and 13.04.050
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(Initiation of Water Service) 4.20.080 (Restoration-reconnection charge). (Ord. 1116 § 2
(part), 1988)
13.07.060 Definitions.
The following words or phrases, whenever used in this chapter, shall be construed as
defined in this section unless from the context a different meaning is intended or unless
a different meaning is specifically defined within individual sections of this chapter:
A. “Base period” means that period of time over which the base water use is computed.
B. “Customer classification” refers to three categories of water users as shown in the
water shortage contingency plan: single-family residential or multifamily residential,
commercial and institutional, and landscape meters.
C. “Non-potable water” refers to recycled water, groundwater, gray water, or harvested
rainwater as used for irrigation or other non-potable approved purposes. (Ord. 1704 § 12,
2021; Ord. 1168 § 2 (part), 1990: Ord. 1143 § 2 (part), 1989)
D. “Functional turf” means a ground cover surface of turf located in a recreational use
area or community space. Turf enclosed by fencing or other barriers to permanently
preclude human access for recreation or assembly is not functional turf.
E. “Non-functional turf” means any turf that is not functional turf, and includes turf located
within street rights-of-way and parking lots. Non-functional turf is solely ornamental and
not regularly used for human recreational purposes or for civic or community events.
13.07.070 Water use reduction.
No customer of the city shall make, cause, use or permit the use of potable water from
the city for residential, commercial, industrial, agricultural, governmental or any other
purpose in a manner contrary to any provision of this chapter.
A. Mandatory Water Conservation. The city will establish by resolution a mandatory
water conservation program.
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B. Residential Lifeline Allowance. No customer shall be surcharged or otherwise be
penalized for failure to reduce water consumption below a lifeline rate as established by
the city.
C. Prohibited Water Uses. In addition to any other requirements of this code, all
consumers are deemed to have under their control at all times any and all water
distribution lines and facilities serving the property benefited by the water service and to
know the manner and extent of their water use and any runoff. The following specific uses
of water are prohibited and constitute a violation of this code:
1. Use of water from fire hydrants shall not be used for any purpose other than to
fight fires or for other activities where such use is immediately necessary to maintain
the health, safety and welfare of the residents of San Luis Obispo.
2. Restaurants may not serve water to their customers except on specific request.
3. Potable city water shall not be used for major construction activities, such as
grading and dust control, and shall not be used to wash down sidewalks, driveways,
or parking areas except to alleviate immediate fire or sanitation hazards.
4. New landscaping may be restricted or prohibited during mandatory water
conservation. The council shall adopt by resolution procedures to implement this
section. (Ord. 1395 § 1, 2001: Ord. 1168 § 2 (part), 1990: Ord. 1143 § 2 (part), 1989)
5. Irrigating outdoors during and within 48 hours following measurable rainfall.
6. The use of potable water for the irrigation of non-functional turf located on
commercial, industrial, and institutional properties, other than a cemetery, and on
properties of homeowners’ associations, common interest developments, and
community service organizations or similar entities is prohibited as of the following
dates:
a. All properties owned by the Department of General Services, beginning
January 1, 2027.
b. All properties owned by local governments, local or regional public agencies,
and public water systems, except those specified in paragraph (5), beginning
January 1, 2027.
c. All other institutional properties and all commercial and industrial properties,
beginning January 1, 2028.
d. All common areas of properties of homeowners’ associations, common
interest developments, and community service organizations or similar
entities, beginning January 1, 2029.
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e. All properties owned by local governments, local public agencies, and public
water systems in a disadvantaged community, beginning January 1, 2031, or
the date upon which a state funding source is made available to fund
conversion of nonfunctional turf on these properties to climate-appropriate
landscapes, whichever is later.
Notwithstanding subdivision (a), the use of potable water is not prohibited by this
section to the extent necessary to ensure the health of trees and other perennial
nonturf plantings, or to the extent necessary to address an immediate health and
safety need.
SECTION 8. Chapter 13.08 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
Chapter 13.08 - SEWERS
Sections:
13.08.090 Grease, oil and sand interceptors.Fats, oils, and grease discharge
control program
13.08.091 Food service establishment requirements
13.08.092 Grease control device requirements
13.08.093 Maintenance and operation of grease control devices
13.08.094 Maintenance reporting requirements for grease control devices
13.08.095 Fats, oils and grease discharge control retrofit requirements
13.08.096 Fats, oils and grease control program violations
13.08.020 Definitions and abbreviations.
A. The following abbreviations, when used in this chapter, shall have the designated
meanings:
1. BOD—Biochemical oxygen demand.
2. BMP—Best management practice.
3. BMR—Baseline monitoring report.
4. CFR—Code of Federal Regulations.
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5. CIU—Categorical industrial user.
6. COD—Chemical oxygen demand.
7. CPC—California Plumbing Code
8. DFA—Department of Food and Agriculture
9. FOG—Fats, Oils and Grease
10. FSE – Food Service Establishment
711. EPA—U.S. Environmental Protection Agency.
12. GCD—Grease Control Device
13. GCI—Gravity Grease Interceptor
814. gpd—gallons per day.
15. GRD—Grease Removal Device
16. HGI—Hydromechanical Grease Interceptor
179. IU—Industrial user.
1810. mg/L—milligrams per liter.
1911. NPDES—National Pollutant Discharge Elimination System.
2012. POTW—Publicly owned treatment works.
2113. RCRA—Resource Conservation and Recovery Act.
2214. SIU—Significant industrial user.
2315. SNC—Significant noncompliance.
24. SSO – Sanitary Sewer Overflow
2516. TSS—Total suspended solids.
2617. USC—United States Code.
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The following terms, when used in this chapter, shall have the following meanings, unless
otherwise specified:
B. “Accredited Laboratory” means a laboratory that has been evaluated and accredited
by the Environmental Accreditation Program (ELAP). ELAP-accredited laboratories have
demonstrated capability to analyze environmental samples using approved methods.
CB. “Act” or “the Act” means the Federal Water Pollution Control Act Amendments of
1972 (33 USC § 1251, et seq.) and any amendments thereto including the Clean Water
Act of 1977, as well as any regulations, guidelines, limitations and standards promulgated
by the United States Environmental Protection Agency pursuant to the Act.
C. “Approval authority” means State Water Resources Control Board.
D. “Authorized or duly authorized representative of the user” means any of the following:
1. If the user is a corporation:
a. The president, secretary, treasurer, or a vice-president of the corporation in
charge of a principal business function, or any other person who performs similar
policy or decision-making functions for the corporation; or
b. The manager of one or more manufacturing, production, or operation facilities,
provided the manager is authorized to make management decisions that govern
the operation of the regulated facility including the explicit or implicit duty to make
major capital investment recommendations, and initiate and direct other
comprehensive measures to assure long-term environmental compliance with
environmental laws and regulations; has the ability to ensure that the necessary
systems are established or actions taken to gather complete and accurate
information for wastewater discharge permit requirements, and where authority
to sign documents has been assigned or delegated to the manager in accordance
with corporate procedures.
2. If the user is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
3. If the user is a federal, state or local governmental facility: a director or highest
official appointed or designated to oversee the operation and performance of the
activities of the governmental facility, or their designee.
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4. The individuals described in subsections (D)(1) through (3) of this section may
designate a duly authorized representative if the authorization is in writing, the
authorization specifies the individual or position responsible for either the overall
operation of the facility from which the discharge originates or the overall
environmental matters of the company, and the written authorization is submitted to
the city.
E. “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for five
days at twenty degrees centigrade and expressed in milligrams per liter (mg/L).
F. “Best management practices” (or “BMPs”) means schedules of activities, prohibitions
of practices, maintenance procedures, and other management practices to implement the
prohibitions listed in this article and 40 CFR 403.5(a)(1) and (b). BMPs include treatment
requirements, operating procedures, and practices to control plant site runoff, spillage or
leaks, sludge or sewage disposal, or drainage from raw materials storage.
G. “Blockage” means a stoppage, restriction, or reduction in flow capacity of the sewer
system caused or exacerbated by pollutants and/or the accumulation of FOG.
H. California Plumbing Code (CPC)” means California Plumbing Code (Cal. Code Regs.
Title 24, Part 5) as adopted in SLOMC 15.02.050.
IG. “Categorical industrial user” means an industrial user subject to a categorical
pretreatment standard or categorical standard.
JH. “Categorical pretreatment standard” or “categorical standard” means any regulation
containing pollutant discharge limits promulgated by the Environmental Protection
Agency in accordance with Sections 307(b) and (c) of the Act (33 USC § 1317) that apply
to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Part
405s-471.
KI. “City” means the city of San Luis Obispo.
LJ. “Class I industrial user” means any industrial user that has materials and/or wastes
on site that if discharged to the sewer may impact the POTW in a negative manner. These
materials and wastes include, but are not limited to, any and all prohibited discharges
described in Section 13.08.040.
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MK. “Class II industrial user” means any industrial user that may discharge conventional
pollutants to the POTW which may cause interference or pass-through. These wastes
include but are not limited to laundry discharges, nonhazardous solids and oil and grease
of animal or vegetable origin.
NL. “Control authority” means the city of San Luis Obispo.
OM. “Conventional pollutants” means pollutants which are usually found in domestic
and/or commercial wastes such as suspended solids, biological oxygen demand,
pathogenic organisms, and oil and grease of animal or vegetable origin.
PN. “Daily maximum” means the arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
QO. “Daily maximum limit” means the maximum allowable discharge limit of a pollutant
during a calendar day. Where daily maximum limits are expressed in units of mass, the
daily discharge is the total mass discharged over the course of the day. Where daily
maximum limits are expressed in terms of a concentration, the daily discharge is the
arithmetic average measurement of the pollutant concentration derived from all
measurements taken that day.
R. “Density” shall be defined pursuant to City of San Luis Obispo Municipal Code Title 17
Zoning Regulations.
SP. “Director” means the utilities director of the city of San Luis Obispo or his or her duly
authorized representative. Any notice required to be given to the director shall be
delivered to the director at 879 Morro Street, San Luis Obispo, or as otherwise directed.
TQ. “Domestic wastewater” means water bearing only those wastes derived from the
ordinary living processes and of such character as to permit satisfactory disposal to, and
treatment in, the POTW.
UR. “Environmental Protection Agency” or “EPA” means the U.S. Environmental
Protection Agency or, where appropriate, the regional water management division
director, the regional administrator, or other duly authorized official of said agency.
VS. “Existing source” means any source of discharge that is not a “new source.”
W. “Fats, Oils, or Grease (FOG)” means any substance, such as vegetable or animal
product, that is used in, or is a byproduct of, the cooking or food preparation process, and
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that turns or may turn viscous or solidifies with a change in temperature or other
conditions.
X. “FOG Discharge Control Program” means the Program adopted by the City setting
forth, among other things, Best Management Practices for FSEs or Industrial Users and
establishing appropriate standards and specifications for Grease Control Devices.
Y. “Food Waste Disposer” or food grinder or garbage grinder shall mean any device
installed in the plumbing or sanitary sewer system for the purpose of grinding food waste
or food preparation byproducts for the purpose of disposing into the sanitary sewer
system. Food Waste Disposers are not allowed.
Z. “Food service establishment (FSE)” includes, but is not limited to, any facility preparing
and/or serving food for commercial use or sale. This includes restaurants, cafes, lunch
counters, cafeterias, hotels, hospitals, convalescent homes, factory or school kitchens,
coffee houses/shops, sandwich shops, mobile food facilities, catering kitchens, bakeries,
grocery stores with food preparation, meat cutting and preparation, and other commercial
food handling facilities not listed above where fats, oils, and grease may be introduced
into the sanitary sewers.
AA. “Grab sample” means a sample that is taken from a wastestream without regard to
the flow in the wastestream and over a period of time not to exceed fifteen minutes.
BB. “Gravity Grease Interceptor (GGI)” means a plumbing appurtenance or appliance that
is installed in a sanitary drainage system to intercept nonpetroleum fats, oils, and greases
(FOG) from a wastewater discharge and is identified by volume, 30-minute retention time,
baffle(s), not less than two compartments, a total volume of not less than 300 gallons,
and gravity separation. Approved GGIs shall be certified in accordance with IAPMO/ANSI
Z1001.
CCU. “Grease” means all fat, grease, oil, wax or other trichlorotrifluoroethane-soluble
matter of animal, vegetable, petroleum or mineral origin.
DD. “Grease Control Device (GCD)” means a device used to remove FOG from kitchen
wastes discharged to the sanitary sewer such as a gravity grease interceptor (GGI),
hydromechanical grease interceptor (HGI), or grease removal device (GRD).
EE. “Grease Removal Device (GRD)” means a hydromechanical grease interceptor that
automatically, mechanically removes non-petroleum fats, oils, and greases (FOG) from
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the interceptor, the control of which are either automatic or manually initiated. Approved
GRDs shall be third-party tested and certified in accordance with ASME A112.14.4 or
CSA B481.5.
FF. “Hydromechanical Grease Interceptor (HGI)” means a plumbing appurtenance or
appliance that is installed in a sanitary drainage system to intercept nonpetroleum fats,
oil, and grease (FOG) from a wastewater discharge and is identified by flow rate, and
separation and retention efficiency. The design incorporates air entrainment,
hydromechanical separation, interior baffling, or barriers in combination or separately,
and one of the following:
Type A: external flow control, with an air intake (vent), directly connected
Type B: external flow control, without an air intake (vent), directly connected
Type C: without external flow control, directly connected
Type D: without external flow control, indirectly connected
Approved HGIs shall be third party tested and certified in accordance with ASME
A112.14.3, CSA B481, or PDI G101.
GGV. “Indirect discharge” or “discharge” means the introduction of pollutants into the
POTW from any nondomestic non-permitted source.
HHW. “Industrial user” or “user” means a source of indirect discharge.
IIX. “Industrial user’s survey” means a questionnaire (and related process) used by the
city to identify and categorize industrial users and the characteristics of their wastewater
discharge.
JJY. “Infectious waste” means any waste material or article which harbors or may
reasonably be considered to harbor any type of microorganism, helminth or virus which
causes or significantly contributes to increased morbidity or mortality in human beings.
KKZ. “Instantaneous limit” means the maximum concentration of a pollutant allowed to
be discharged at any time, determined from analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the duration of the sampling
event.
LL. “Intensified development” means the development of a property, site or area through
development, redevelopment, infill or expansion or conversion of existing buildings
resulting in any of the following conditions: development results in a higher residential
density than currently exists; development results in an increase in habitable residential
or non-residential building area of 450 square feet or greater than currently exists
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(excluding garages, gazebos and sheds without plumbing fixtures); or development would
increase the plumbing fixture count by ten percent or more.
MMAA. “Interference” means a discharge that, alone or in conjunction with a discharge
or discharges from other sources inhibits or disrupts the POTW, its treatment processes
or operations, or its sludge processes, use or disposal which is a cause of or significantly
contributes to either a violation of any requirement of the POTW’s NPDES permit
(including an increase in the magnitude or duration of a violation) or to the prevention of
sewage sludge use or disposal by the POTW in accordance with the following statutory
provisions and regulations or permits issued thereunder (or more stringent state or local
regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA)
(including Title II, more commonly referred to as the Resource Conservation and
Recovery Act (RCRA), and including state regulations contained in any state sludge
management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, and
the Toxic Substances Control Act.
NN.“Kitchen remodel” means an FSE kitchen remodel that involves significant changes
to the kitchen, as determined by the city, such as removal or addition of walls or changes
to drain lines that involve invasive work to walls or floors, expanding or adding seating to
the dining area, expanding or adding fixtures to the kitchen area, or other such changes
that have the potential to increase customer volume.
OOBB. “Lateral” or “sewer lateral” means that part of the piping of a drainage system
that extends from a public or private building, structure or facility and conveys wastewater
to the point at which it enters the public sewer, private sewer, private sewer disposal
system, or other point of disposal. This may extend beyond the boundaries of the property
being served.
PPCC. “Local limit” means the specific discharge limits developed and enforced by the
city upon industrial or commercial facilities to implement the general and specific
discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
QQ. “Major operational change” means a physical change or operational change causing
generation of an amount of FOG that exceeds the current amount of FOG discharged to
the sewer system by an FSE or User in an amount that alone or collectively causes or
creates a potential for SSOs to occur.
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RR. “Manifest” means that receipt which is retained by the generator of wastes for
disposing recyclable wastes or liquid wastes as required by the city.
SSDD. “Medical waste” means isolation wastes, infectious agents, human blood and
blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical
wastes, potentially contaminated laboratory wastes, or dialysis wastes.
EE. “Monthly average” means the sum of all “daily discharges” measured during a
calendar month divided by the number of “daily discharges” measured during that month.
FF. “Monthly average limit” means the highest allowable average of “daily discharges”
over a calendar month, calculated as the sum of all “daily discharges” measured during
a calendar month divided by the number of “daily discharges” measured during that
month.
TTGG. “Natural outlet” means any outlet into a watercourse, pond, lake or other body of
surface water or ground water.
UU. “New food service establishment” means:
1. a new building which will contain a food service establishment (FSE); or
2. the installation of an FSE in an existing building which has not previously
contained an FSE requiring a restaurant plan check from the city of San
Luis Obispo.
VVHH. “New source” means:
1. Any building, structure, facility or installation from which there is or may be a
discharge of pollutants, the construction of which commenced after the publication of
proposed pretreatment standards under Section 307(c) of the Clean Water Act, which
will be applicable to such source if such standards are thereafter promulgated in
accordance with that section; provided, that:
a. The building, structure, facility or installation is constructed at a site at which
no other source is located; or
b. The building, structure, facility or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing
source; or
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c. The production of wastewater-generating processes of the building, structure,
facility or installation is substantially independent of an existing source at the
same site. In determining whether these are substantially independent, factors
such as the extent to which the new facility is integrated with the existing plant,
and the extent to which the new facility is engaged in the same general type of
activity as the existing source, should be considered.
2. Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a new
building, structure, facility, or installation meeting the criteria of subsection
(TTHH)(1)(b) or (c) of this section but otherwise alters, replaces, or adds to existing
process or production equipment.
3. Construction of a new source as defined under this subsection has commenced
if the owner or operator has:
a. Begun, or caused to begin, as part of a continuous on-site construction
program;
i. Any placement, assembly, or installation of facilities or equipment; or
ii. Significant site preparation work including clearing, excavation, or removal
of existing buildings, structures, or facilities or equipment; or
b. Entered into a binding contractual obligation for the purchase of facilities or
equipment which are intended to be used in its operation within a reasonable
time. Options to purchase or contracts which can be terminated or modified
without substantial loss, and contracts for feasibility, engineering, and design
studies do not constitute a contractual obligation under this subsection.
WWII. Noncontact Cooling Water. Water used for cooling that does not come into direct
contact with any raw material, immediate product, or finished product.
XXJJ. “Pass-through” means a discharge which exits the POTW into waters of the
United States in quantities or concentrations which, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any requirement
of the POTW’s NPDES permit, including an increase in the magnitude or duration of a
violation.
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YYKK. “Person” means any individual, firm, company, association, society, corporation,
group, governmental agency or educational institution.
ZZLL. “pH” means a measure of the acidity or alkalinity of a solution, expressed in
standard units.
AAAMM. “Pollutant” means dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, or certain
characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity, or odor).
BBBNN. “Pretreatment” means the reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to,
or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can
be obtained by physical, chemical, or biological processes; by process changes; or by
other means, except by diluting the concentration of the pollutants unless allowed by an
applicable pretreatment standard.
CCCOO. “Pretreatment requirements” means any substantive or procedural
requirement related to pretreatment imposed on a user, other than a pretreatment
standard.
PP. “Pretreatment standards” or “standards” shall mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
DDDQQ. “Prohibited discharge standards” or “prohibited discharges” means absolute
prohibitions against the discharge of certain substances; these prohibitions appear in
Section 13.08.040.
EEERR. “Publicly owned treatment works (POTW)” means the city-owned treatment
works, as defined by Section 212 of the Act. This definition includes any devices or
systems used in the collection, storage, treatment, recycling, and reclamation of sewage
or industrial wastes of a liquid nature and any conveyances, which convey wastewater to
a treatment plant.
FFF. “Sanitary sewer overflow (SSO)” means untreated or partially treated sewage
overflows from a sanitary sewer collection system.
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GGG. “Septic tank waste” means any sewage from holding tanks such as vessels,
chemical toilets, campers, trailers, or septic tanks.
HHHTT. “Sewage” means human excrement and gray water (household showers,
dishwashing operations, etc.).
IIIUU. “Significant industrial user (SIU)” means any industrial discharger subject to
federal categorical pretreatment standards or any industrial discharger that:
1. Discharges ten thousand gallons per day or more of process wastewater;
2. Contributes five percent or more of the average dry weather hydraulic capacity of
the treatment plant;
3. Discharges either continuously or intermittently to the POTW, process
wastewaters containing priority pollutants as determined through analytical
procedures or reasonable technical judgment; or
4. Has a reasonable potential, in the opinion of the director, to adversely affect the
POTW’s operation or for violating any pretreatment standard or requirement.
JJJVV. “Significant noncompliance” means any one of the following:
1. Chronic violations of wastewater discharge limits, as defined here as those in
which sixty-six percent or more of all of the measurements taken during a six-month
period exceed (by any magnitude) a numeric pretreatment standard or requirement,
including instantaneous limits, as defined by 40 CFR 403.8(f)(2)(vii);
2. Technical review criteria (TRC) violations, defined here as those in which thirty-
three percent or more of all of the measurements taken for the same pollutant
parameter during a six-month period equal or exceed the product of the numeric
pretreatment standard or requirement including instantaneous limits, as defined by
40 CFR 403.3(1) multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS,
fats, oil and grease, and 1.2 for all other pollutants except pH);
3. Any violation of a pretreatment effluent limit (daily maximum or longer term
average) that the city determines has caused, alone or in combination with other
discharges, interference or pass-through (including endangering the health of POTW
personnel or the general public);
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4. Any discharge of a pollutant that has caused imminent endangerment to human
health, welfare or to the environment or has resulted in the POTW’s exercise of its
emergency authority as stated in this chapter to halt or prevent such a discharge;
5. Failure to meet, within ninety days after schedule date, a compliance schedule
milestone contained in a local control mechanism or enforcement order for starting
construction, completing construction, or attaining final compliance;
6. Failure to provide, within forty-five days after the due date, required reports such
as baseline monitoring reports, ninety-day compliance reports, periodic self-
monitoring reports, and reports on compliance with compliance schedules;
7. Failure to accurately report noncompliance;
8. Any other violation or group of violations which the city determines will adversely
affect the operation or implementation of the local pretreatment program.
KKKWW. “Slug load” or “slug discharge” means any discharge at a flow rate or
concentration which could cause a violation of the prohibited discharge standards in
Section 13.08.040. A slug discharge is any discharge of a nonroutine, episodic nature,
including but not limited to an accidental spill or a noncustomary batch discharge, which
has a reasonable potential to cause interference or pass through, or in any other way
violate the POTW’s regulations, local limits or permit conditions.
LLLXX. “Stormdrain” means a sewer which is designed to carry storm and surface
waters and drainage rather than sewage or industrial wastes.
MMMYY. “Stormwater” or “storm water” means any flow occurring during or following
any form of natural precipitation, and resulting from such precipitation, including
snowmelt.
NNNZZ. “Total suspended solids” (TSS) or “suspended solids” means the total
suspended matter that floats on the surface of, or is suspended in, water, wastewater, or
other liquid, and that is removable by laboratory filtering.
OOOAAA. “Toxic” or “poisonous” means any solid, liquid or gas in such quantity that,
alone or in combination with other waste substances, may create a hazard for humans,
animals or the local environment, interfere with sewage treatment processes, cause a
public nuisance, or cause any hazardous condition to occur in the sewerage system.
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PPP. “Used cooking oil” means recyclable fats and oils originating from commercial or
industrial food processing operations, including restaurants, that have been used for
cooking or frying.
QQQBBB. “Wastewater” means liquid and water-carried industrial wastes and sewage
from residential dwellings, commercial buildings, industrial and manufacturing facilities,
and institutions, whether treated or untreated, which are contributed to the POTW.
RRRCCC. “Wastewater treatment plant (WWTP)” or “treatment plant” means that
portion of the POTW which is designed to provide treatment of municipal sewage and
industrial waste. (Ord. 1598 § 1 (part), 2014)
13.08.040 Prohibited discharges.
A. General Prohibitions. No user shall introduce or cause to be introduced into the
POTW any pollutant or wastewater which causes pass-through or interference. These
general prohibitions apply to all users of the POTW whether or not they are subject to
categorical pretreatment standards or any other national, state, or local pretreatment
standards or requirements.
B. Specific Prohibitions. Except as hereinafter provided, no person shall discharge or
cause to be discharged any of the following described waters or wastes to any sewers:
1. Any liquid or vapor having a temperature higher than one hundred fifty degrees
Fahrenheit (sixty-six degrees Celsius), or which will inhibit biological activity in the
treatment plant, resulting in interference, but in no case higher than one hundred four
degrees Fahrenheit (forty degrees Celsius) at introduction into the wastewater
treatment plant.
2. Any waters or wastes containing non-petroleum-based fats, oils, or grease (FOG),
and/or petroleum-based oil and grease such that the discharge results in a stoppage,
plugging, breakage, significant obstruction to flow or any other damage to or
increased maintenance of sewers or sewerage facilities. No person shall discharge
oil and grease which results in pass-through and/or interference.
3. Any liquids, solids or gases which by reason of their nature or quantity are or may
be sufficient, either alone or by interaction with other substances, to cause fire or
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explosion or be injurious in any other way to the POTW and/or cause acute worker
health and safety problems to its personnel or to the operation of the system.
4. Any waters or wastes that have a closed cup flashpoint of less than one hundred
forty degrees Fahrenheit (sixty degrees Celsius), using the test methods specified in
40 CFR 261.21. Prohibited materials include, but are not limited to, gasoline,
kerosene, naphtha, benzene, toluene or xylene.
5. Any solid or viscous substance, including but not limited to unground garbage,
feathers, ashes, cinders, sand, polishing compounds, resin beads, metal, glass,
straw, rags, spent grains or hops, wood, plastic, mud, shavings or manure which may
cause obstruction to the flow in sewers or other interference with the proper operation
of the POTW.
6. Any waters or wastes having pH lower than 5.0 or higher than 9.0, or having any
other corrosive property capable of causing damage or hazard to structures,
equipment or personnel of the POTW.
7. Any water added to a wastewater discharge for the sole purpose of dilution as a
means to achieve compliance with any pretreatment standard or local discharge limit.
8. Any waters or wastes including oxygen demanding pollutants (BOD, etc.) at a flow
rate and/or concentration which, either singly or by interaction with other pollutants,
will cause interference or pass-through.
9. Any average daily flow greater than two percent of the WWTP average daily
sewage flow.
10. Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin,
in amounts that will cause interference or pass-through.
11. Any trucked or hauled pollutants, except at discharge points designated by the
director.
12. Any waters or wastes containing any radioactive materials or wastes of such
half-life or concentration that they do not comply with regulations issued by
appropriate authorities (Sections 30285 and 30287 of the California Code of
Regulations).
13. Any infectious wastes.
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14. Any medical wastes, except as specifically authorized by the director in an
individual wastewater discharge permit or a general permit.
15. Any waters or wastes containing color which is not removed in the ordinary
WWTP treatment process.
16. Any noxious or malodorous liquids, gases, solids, or other wastewater which
either singly or by interaction with other wastes, are sufficient to create a public
nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or
repair.
17. Any stormwater, surface water, ground water, artesian well water, roof runoff,
subsurface drainage, condensate, deionized water, noncontact cooling water, and
unpolluted wastewater, unless specifically authorized by the director.
C. Pollutants, substances, or wastewater prohibited by this section shall not be
processed or stored in such a manner that they could be discharged to the POTW.
D. Users with the potential to discharge flammable substances may be required to install
and maintain an approved combustible gas detection meter.
E. Local Limits.
1. The director is authorized to establish local limits pursuant to 40 CFR 403.5(c).
2. The following pollutant limits are established to protect against pass-through and
interference. No person shall discharge wastewater containing in excess of the
following:
CONSTITUENT
UNIFORM
LIMIT (mg/L)
(daily average)
CONTRIBUTORY
LIMIT A (mg/L)
(daily average)
CONTRIBUTORY
LIMIT B (mg/L)
(daily average)
Ammonia 32 50
Biochemical Oxygen
Demand (BOD)
226 400 250
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CONSTITUENT
UNIFORM
LIMIT (mg/L)
(daily average)
CONTRIBUTORY
LIMIT A (mg/L)
(daily average)
CONTRIBUTORY
LIMIT B (mg/L)
(daily average)
Chloride 1523
Sodium 1200
Total Dissolved Solids
(TDS)
2215
Total Suspended Solids
(TSS)
2346
Copper 0.14 0.20
Zinc 0.17 1.00 0.50
3. Unless otherwise stated in individual discharge permit, the uniform limits shall
apply to all dischargers. Application for contributory Limit A or B may be made to the
director. The director’s decision shall be the city’s final decision.
4. The above limits apply at the point where the wastewater is discharged to the
POTW. All concentrations for metallic substances are for total metal unless indicated
otherwise. The director may impose mass limitations in addition or alternative to the
concentration based limitations above.
F. Limitations on wastewater strength in this chapter may be supplemented with more
stringent limitations if:
1. The director determines that the limitations listed in this chapter may not be
sufficient to protect the operation of the city’s treatment works; or
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2. The director determines that the limitations listed in this chapter may not be
sufficient to enable the city’s treatment works to comply with water quality standards
or effluent limitations specified in the city’s NPDES permit.
G. When the director determines that a user is contributing any of the substances
mentioned in subsection A of this section in such amounts as to interfere with the
operation of the POTW, the director may:
1. Advise the user of the impact of the contribution on the POTW;
2. Develop effluent limitations for the user to correct;
3. Place limits on rate and time of discharge or requirements for flow regulations and
equalization;
4. Require pretreatment of discharge prior to discharge to POTW; and/ or
5. Take any other action necessary to eliminate the interference.
H. Where an industrial user utilizes all or a portion of their domestic water supply from a
source other than city of San Luis Obispo potable water, the city may require additional
laboratory testing of any potential constituents of concern which may be discharged to
the POTW. This testing will be performed by a state of California certified accredited
laboratory, at a frequency and length of time determined by the city, at solely the industrial
user’s expense.
I. The director may develop best management practices (BMPs), in individual
wastewater discharge permits, to implement local limits and the requirements of this
chapter.
J. The contents of swimming pools and/or spas (including filter backwash from
swimming pools and/or spas) shall only be discharged into the sanitary sewer in the
manner specified herein.
1. The water is discharged by pumping and shall not exceed the capacity of the
sewer lateral and/or public main.
2. Each swimming pool discharging to a sewer system shall be equipped with an
indirect waste connection to preclude any possibility of a backflow of sewage into the
swimming pool or piping system. (Ord. 1598 § 1 (part), 2014)
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3. Draining, pools, reservoirs, or tanks with a capacity of 500,00 gallons or greater
require an approved drainage schedule. This drainage schedule shall be submitted
to and approved by the director or designee at least fourteen days prior to starting
drainage, to reduce the likelihood of a sanitary sewer overflow or POTW upset.
13.08.050 Federal categorical pretreatment standards—Applicability.
Industrial Uusers must comply with the categorical pretreatment standards found at 40
CFR Chapter I, Subchapter N, Parts 405 through 471. (Ord. 1598 § 1 (part), 2014)
13.08.090 Fats, oils and grease discharge control program purpose and
policyGrease, oil and sand interceptors.
A. Sanitary sewer overflows (SSOs) are a major concern to wastewater agencies
throughout the State of California. The Statewide General Waste Discharge
Requirements for Sanitary Sewer Systems requires the city to have a FOG
Discharge Control Program. A frequent cause of SSOs is the blockage of sewer
lines due to discharge of fats, oils, and grease (FOG) into the sanitary sewer
systems from food preparation and clean-up operations. To prevent SSOs in its
sanitary sewer system, the City of San Luis Obispo has developed and
implemented a program, as set forth herein, to reduce the discharge of FOG from
restaurants and other food service establishments (FSEs) to mitigate blockages in
sewer lines. This program enables the City of San Luis Obispo to comply with
requirements of the California State Water Resources Control Board.
B. This program helps to protect public health and safety through:
1. Reducing the potential for blockages of and sewage releases from the city’s
sewer systems due to accumulation of fats, oils, or grease;
2. Reducing the city’s costs of operating the sewer system;
3. Promoting proper handling and disposal of fats, oils, and grease through
educational and regulatory programs.
C. Upon adoption of the ordinance codified in this chapter, all food service
establishments (FSEs) shall be subject to this chapter to the extent permitted by
law. Any facility with a permanently plumbed connection to the city sewer system
that has the potential to generate discharges of fats, oils, or grease (FOG) must
comply with these ordinances.
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D. Except as otherwise provided herein, the director shall administer, implement, and
enforce the provisions of this chapter. Any powers granted to or duties imposed
upon the director may be delegated by the director to a duly authorized City of San
Luis Obispo employee.
A. Grease, oil and sand interceptors shall be installed for the proper handling of liquid
wastes containing grease, flammable wastes, sand or other harmful constituents; except
that such interceptors shall not be required for private living quarters or dwelling units. All
interceptors shall be of a type and capacity approved by the director in accordance with
the Uniform Plumbing Code, and shall be located as to be readily and easily accessible
for cleaning and inspection. Grease and oil interceptors shall be constructed of
impervious materials capable of withstanding abrupt and extreme changes in
temperature. They shall be of substantial construction, watertight, and equipped with
easily removable covers which, when bolted in place, shall be gastight and watertight.
B. Where installed, all grease, oil and sand interceptors shall be maintained by the
owner, at his or her expense, in continuously efficient operation at all times. Those
interceptors found to be inadequately sized or insufficiently removing fats, oils, and
grease, for any reason, will be required to be repaired or replaced, at owner’s expense.
Failure to properly maintain interceptors in continuously efficient operation may be
considered sufficient cause for disconnection of premises from the POTW or punitive
actions as provided for in this chapter.
C. Where installed, all grease, oil, and sand interceptors must be serviced on a routine
basis, determined by usage patterns, and have the wastes properly disposed of in
accordance to all applicable rules and regulations.
D. Where installed, all grease, oil, and sand interceptors must have all related
maintenance documented. All interceptor cleaning and service records for the previous
three years must be kept on site and made immediately available during inspection. (Ord.
1598 § 1 (part), 2014)
13.08.091 Food service establishment requirements.
A. Permit required
All new FSEs and all existing FSEs shall have a current Class II industrial user
permit issued by the director and at least one Grease Control Device (GCD).
B. Permit fees
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Section 13.08.140 of the SLOMC specifies that the city shall have the authority to
assess and collect fees from users of the sanitary sewer system to recover costs
incurred by the city when regulating discharges into the system. The fees specified
therein are applicable to all FSEs. For a current cost of the annual permit fee, refer
to the current city fee schedule.
C. Re-inspection fee
If an inspection by city staff determines that a permittee is in violation of one or
more requirements of this chapter, the permittee shall be charged a re-inspection
fee to reimburse the city for the cost of a re-inspection to determine that the
violation has been corrected. Additional fees may be assessed if an Administrative
Citation is issued to the permittee, as discussed in the SLOMC Chapter 1.24.
D. Used cooking oil container
All FSEs shall have a container or drum for collecting waste kitchen grease and
used cooking oil unless deemed unnecessary by the director. FOG removed from
GCDs shall not be placed in this container, as it is more difficult to recycle. The
container shall be used and maintained appropriately so as to prevent spills or
leaking. The container shall be serviced (emptied or exchanged) and recycled by
a waste hauler at an appropriate frequency as defined by Section 13.08.093
(Maintenance and Operation of Grease Control Devices). Receipts or other
documentation of such service shall be retained at the FSE and presented to the
city on request. The FSE shall maintain adequate employee training and/or
signage to assure that the container is used and maintained in an appropriate
manner, as discussed below in §§13.08.091(G) (Kitchen Best Management
Practices.) Any oil on or around collection container or drum shall be cleaned up
immediately. Failure to maintain this area may constitute a violation of SLOMC
Section 13.08.096.
E. Storm water pollution
All FSEs shall operate in a manner which prevents any discharge of FOG or other
wastes to the storm water drain system. Any outdoor spills or washing activities may
constitute a violation of SLOMC Chapter 12.08.
F. Inspections
1. To the extent permitted by law, city representatives may enter upon a facility’s
premises to determine compliance with this chapter. The city shall attempt to
perform inspections in a manner so as to minimize the impact on the operation of
the food service establishment. However, the FSE shall provide the city, at all times
that the FSE is open to the public and/or in operation, with access to the premises,
specifically the GCDs, used cooking oil containers and maintenance records.. If
the GCD or used cooking oil container is inaccessible to city representatives due
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to placement of vehicles, mats, utensils, etc., FSE staff shall immediately remove
such obstacles upon city entry for inspection.
2. Inspections may occur during normal operating hours without warning to verify
appropriate Grease Control Device maintenance and operation as well as during
an emergency response or blockage investigation. Inspections will include all parts
of the FSE that discharge or have the potential to discharge to the sanitary sewer
system. City representatives will comply with all reasonable facility safety
requirements as provided by the FSE operator at the time of entry.
3. Below is an outline of the city’s routine inspection and enforcement procedures.
a) Inspect the GCD by assessing the amount of grease and solids as a
percentage of the total volume.
b) Inspect the structural integrity of the GCD;
c) Assess whether the GCD maintenance frequency is sufficient as defined by
Section 13.08.093 (Maintenance and Operation of Grease Control Devices);
d) Inspect that all floor drains have strainer baskets not to exceed 3/16-inches in
hole diameter;
e) Ensure that all kitchen best management practices are being implemented as
set fourth in §§13.08.091(G)to minimize FOG from entering the sewer; and
f) Inspect recycled oil storage and trash areas for cleanliness and compliance
with applicable stormwater codes (SLOMC 12.08)
G. Kitchen best management practices.
The following Best Management Practices (BMPs) must be followed by all FSEs:
a. Always dry wipe all pots, pans, and cooking equipment to remove leftover fat,
oil, grease, and food waste prior to pre-rinsing or washing.
b. Install and maintain screens in all floor and sink drains. The floor drain screens
must be a basket style and have a hole diameter of 3/16-inches or smaller.
Dome style strainers are prohibited. The sink drains must be a fine mesh style,
where applicable, or a similar type approved by the director.
c. Maintain Grease Control Device(s) (GCD) to comply with the following:
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i. In accordance with the manufacturer’s instructions when the grease
storage capacity of the GCD can be validated to exceed 25 percent of
the total liquid volume by third-party performance testing; or
ii. If the grease storage capacity of the GCD cannot be validated by third-
party performance testing, the total depth of the floating FOG layer, plus
the settled sludge layer cannot exceed 25% or more of the total liquid
depth of the GCD.
d. Regularly maintain vent hood and filters and dispose of the waste to a drainage
fixture connected to a GCD.
e. Wash all floor mats, grills, and greasy kitchen equipment in a drainage fixture
connected to a GCD. Never wash equipment outside.
f. Place source-separated food and green waste in the organic material container
pursuant to SLOMC 08.04.213.
g. Display the F.O.G. poster for all employees to see, ideally in the kitchen or
dishwashing area.
h. Place “No Grease” stickers in dishwashing areas. Stickers are provided by the
city at no charge and are available in English and Spanish.
H. Staff training requirements.
1. An annual training on kitchen BMPs as stated in Subsection13.08.091(G) must be
completed and documented for all staff. Records of this training must be kept on
site for a minimum of three years and must be made available to city staff upon
request during an inspection.
2. The training record must include the following:
a) What was covered during the training.
b) A list of names and signatures of all who attended the training.
I. Any FSE undergoing a kitchen remodel, as defined in Section 13.08.020, shall be
required to submit GCD plans to the city for review.
J. Any FSE or other facilities identified under subsection 13.08.090(C) must notify the
city within 30 days, and may be required to install a Grease Control Device, when any
of the following changes occur or are planned:
1. Facility or operational modifications;
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2. Changes to the type of food service;
3. Change of operator of the facility; or
4. Installation of a new GCD or transfer of responsibility for a GCD.
13.08.092 Grease control device requirements.
A. GCDs must be sized according to both of the following steps:
1. Calculate Flow Rate
The minimum flow rate for a GCD may be calculated by either fixture volume or pipe
diameter, as stated in the CPC, using either a one-minute or two-minute drainage
period. Use a one-minute drainage period when the GCD will be installed within 20
feet of directly connected fixtures and/or has indirectly connected fixtures. When the
interceptor will be installed beyond 20 feet of the connected fixtures, use a two-
minute drainage period.
Note, per §§13.08.092(I) , each GCD shall receive the drainage from all plumbing
fixtures, equipment, and drain lines located in the food preparation, food service,
alcohol service, and clean-up areas of FSE’s, including but not limited to multi-
compartment sinks, utensil sinks, food preparation sinks, pre-rinse sinks,
dishwashers, hand washing sinks, floor sinks, floor drains, trench drains, and mop
sinks.
2. Calculate Grease Capacity
Once the minimum flow rate has been established in step one, calculate the minimum
grease storage capacity for the GCD required for the desired cleaning frequency,
noting that required cleaning cannot be more frequent than 90 days. Use the
following formula to correctly calculate the grease capacity required.
Grease factor
from Table X X
Meals or
customers per
day
X
Days
between
cleaning
=
Grease
capacity
required (lbs)
To determine the appropriate grease factor, using the table on the following page,
select the menu type (1 through 33), then the correct column (A through D) for whether
there is a fryer, and whether the establishment uses disposable or washable plates,
glasses, knives, forks, and spoons (flatware). The table was produced from guidance
in the American Society of Plumbing Engineers (ASPE) Plumbing Engineering Design
Handbook 4, Plumbing Components and Equipment, Chapter 8, Grease Interceptors.
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B. The approved GCD will meet the minimum flow rate from step one and the minimum
grease capacity from step two above. In order to meet the minimum grease capacity
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in step two, a GCD with a higher flow rate may be required than is determined in step
one.
C. Prior to installing or replacing a GCD as may be required by this chapter, FSEs must
complete the city’s GCD Sizing and Selection Worksheet with all required information
and submit to the Community Development Department for review and approval.
Incomplete worksheets submitted will not be accepted and could delay project
approval.
D. All FSEs installing or replacing a GCD pursuant to this chapter must submit a building
permit application and the following documents to the Community Development
Department:
1. Map/drawing of all plumbing fixtures that will discharge to the proposed GCD.
2. Calculations for sizing of proposed GCD on the City’s GCD Sizing and Selection
Worksheet
3. Manufacturer’s specification sheet of proposed GCD. (see below for prohibited
materials and conditions of approval)
E. The following CGDs are prohibited unless otherwise approved by the director:
1. Gravity grease interceptors.
2. Grease removal devices built from concrete.
3. GCDs built from metal, including metal GCDs with Acid Resistant Enamel or Epoxy
Coatings.
F. Any facility identified as needing to install or replace a GCD must do so in accordance
with this chapter within 180 days of notification from the city, unless approved
otherwise by the director.
Hydromechanical Grease Interceptors (HGIs) shall meet the following minimum
requirements:
1. Be constructed of a corrosion resistant polymer
2. No injection ports for chemicals or bacteria.
3. Installed per manufacturer's specifications.
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4. Appropriate flow restrictors, whether integral or external to the device, must be
installed.
5. Shall meet the specifications and be constructed in accordance with the applicable
provisions of the California Plumbing Code.
6. Shall be third party tested and rated for efficiency and capacity in accordance with
ASME A112.14.3, CSA B481, or PDI G101.
G. Each GCD shall be installed and connected at an exterior location such that it is at all
times easily accessible for visual inspection, sampling, cleaning and removal of
grease and other matter from all surfaces. The location of the GCD must be approved
by the County, and shall not be located in a food or utensil handling area unless
specifically approved by the County. The GCD must be installed prior to final city
permit inspections.
H. A GCD shall be situated outdoors on the FSE’s premises, except when such a location
would be impractical or cause undue hardship on the FSE. The city may issue an
encroachment permit to allow the GCD to be installed in the public street or sidewalk
area and located so that it will not be obstructed by landscaping or parked vehicles. If
the GCD cannot be located outdoors pursuant to the terms of this provision, and the
city does not issue an encroachment permit, then the FSE may install a GCD at an
approved interior location that meets the requirements of applicable plumbing codes
and this chapter at the discretion of the director.
I. Each GCD shall receive the drainage from all plumbing fixtures, equipment, and drain
lines located in the food preparation, food service, alcohol service, and clean-up areas
of FSE’s, including but not limited to multi-compartment sinks, utensil sinks, food
preparation sinks, pre-rinse sinks, dishwashers, hand washing sinks, floor sinks, floor
drains, trench drains, and mop sinks.
J. All FSEs shall ensure that wastes collected by GCDs are disposed of at a facility
permitted to receive such wastes. FOG wastes must not be allowed to discharge to
any private or public portion of the sanitary or stormwater collection systems.
K. The of use of additives, emulsifiers, enzymes, or biological agents to break down or
digest FOG for discharge to the sewer system is prohibited, unless authorized by the
utilities director.
L. Food Waste Disposers are prohibited.
M. Any waste material from routine cleaning of exhaust hoods, ducts, floor mats, and
mop water shall be plumbed to the GCD prior to discharge to the sanitary sewer.
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N. No drains from toilets, showers, or other domestic discharges shall be connected to
the GCD.
13.08.093 Maintenance and operation of grease control devices.
A. GCDs shall be maintained in efficient operating condition by periodic removal of the
accumulated grease. No accumulated grease shall be introduced into any drainage
piping or public or private sewer. The total depth of FOG layer shall not exceed the
maximum rated capacity as established by the manufacturer of the GCD. If this
information is not available, then the FOG layer plus the settled sludge layer cannot
exceed 25% or more of the total liquid depth of the GCD.
B. GCDs shall be cleaned on a sufficient frequency to prevent objectionable odors,
surcharge of the GCD, or interference with the operation of the sanitary sewer system.
The required minimum frequency for maintaining the GCDs shall be determined during
a routine inspection. A re-inspection may be requested to re-evaluate the required
cleaning frequency. In the absence of a frequency determined and set by the City, the
following is the required minimum frequency of cleaning for each type of GCD, unless
otherwise approved by the director:
1. HGIs shall be cleaned at least once every thirty days.
2. Non-conforming existing GGIs shall be cleaned at least once every ninety days.
C. If a GCD is properly sized and installed, yet requires cleaning and maintenance at a
greater frequency than the frequency determined in accordance with this section, then
the director can require a GCD with a higher flow rate and grease capacity to be
installed.
D. GCDs shall be cleaned by being pumped dry and all accumulated sludge on all
surfaces shall be removed by washing down the sides, baffles, tees, and any other
interior components. No water removed from the device during cleaning shall be
returned to the GCD.
E. The director may grant an exception to the requirements of subsections
13.08.093(B)(1) and (2) where the director finds, based on evidence presented by the
FSE, that a less frequent cleaning schedule will be sufficient to assure that the GCD
will continue to operate efficiently and will not bypass FOG to the sanitary sewer
system. The director may require more frequent cleaning if inspections indicate that
cleaning at the current frequency is not adequate. Documentation provided by the
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FSE shall be based on a minimum of one year of cleaning and shall be verified by city
inspections.
Waste hauler requirements - All GCD cleaning shall be performed by waste haulers
who are certified by the California Department of Food and Agriculture (DFA) as an
“inedible kitchen grease commercial transporter.” The pumper shall transport the
pumped waste to an “authorized receiving facility,” as defined by the DFA.
F. Persons cleaning a GCD shall ensure that all grease and sediment is removed and
appropriately disposed. They shall also ensure that all baffles, flow control devices,
and other equipment are properly installed subsequent to the cleaning. All wastes
removed from the GCD during cleaning shall be placed in a dedicated container and
be removed by a “ inedible kitchen grease commercial transporter,” as described
above. The waste may not be placed in the used cooking oil container, unless the
grease hauler provides written certification that this is acceptable, and the hauler
complies with all DFA regulations for “inedible kitchen grease.”
G. FSEs may not clean GCDs themselves, unless specific approval is granted by the
director.
H. All FSEs shall implement best management practices (BMPs) in their operations to
minimize the discharge of grease to the sanitary sewer system. See subsection
13.08.091(G).
I. Abandoned GCDs shall be pumped empty, thoroughly cleaned, and filled as required
by the California Plumbing Code.
13.08.094 Maintenance reporting requirements for grease control devices.
A. Within one week of each cleaning, the FSE shall submit proof of cleaning by utilizing
the City’s online portal.
B. The following are required when reporting the cleaning of a GCD:
1. Date of cleaning
2. Name of waste hauler that performed the cleaning
3. Copy of invoice or manifest provided by the hauler
C. If the City’s online portal is unavailable, one of the following alternative methods is
acceptable:
1. Email; (environmentalprograms@slocity.org) or
2. Mail or hand delivery to:
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City of San Luis Obispo
Attn: Environmental Programs
879 Morro Street
San Luis Obispo, CA 93401
3. Facility operators will bear the ultimate responsibility for providing maintenance
records even if using a waste hauler to conduct maintenance of GCDs.
13.08.095 Fats, oils, and grease discharge control retrofit requirements.
A. Gravity Grease Interceptors (GGIs) have been demonstrated to pose numerous
issues including, but not limited to: short-circuiting, production of hydrogen sulfide gas,
production of sulfuric acid, and corrosion of the concrete interceptor. Hydromechanical
grease interceptors (HGIs) are performance tested and rated by an independent third-
party. As such, they are given a grease capacity rating that has been verified. All food
service establishments, new construction, tenant improvement, or kitchen remodels,
as defined in Section 13.08.020, established, approved, or completed after July 1,
2024 shall be required to install a HGI in accordance with this section.
B. Facilities may be required to plumb all fixtures to and/or install a new GCD per Section
13.08.092 in any of the following situations:
1. FSE has caused or contributed to a FOG-related blockage, build-up, or the need
for increased maintenance of a city sewer; or
2. FSE has improperly installed or sized the GCD per Section 13.08.092;
3. Current sizing requires servicing more frequently than 30 days for HGIs or 90 days
for GGIs; or
4. As determined by the director.
13.08.096 Fats, oils and grease control discharge program violations.
Violations of this chapter include, but are not limited to, the following and may be enforced
administratively pursuant to SLOMC Chapter 1.24, civilly or criminally:
A. Failure to install required GCD;
B. Failure to maintain GCD in accordance with this Chapter;
C. Failure to notify the city of a change of ownership, operation or other use as required
by subsection 13.08.091(J);
D. Failure to provide sampling access or entry to the facility for compliance inspections;
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E. Use of emulsifiers, additives, enzymes and biological agents designed to
breakdown/digest FOG for discharge to the sewer system;
F. Failure to submit maintenance-reporting documents as required by Section 13.08.094;
G. Failure to connect all FOG-producing fixtures to the required interceptor or FOG-
removal equipment per city standards;
H. Failure to clean a grease interceptor at the frequency required under Section
13.08.093; or
I. Failure to dispose of FOG waste at an approved facility.
13.08.130 Measurements and tests.
A. All measurements, tests and analyses of the characteristics of water and wastes shall
be determined by the testing procedures specified in 40 CFR Part 136. When required by
the director, the industrial user shall provide safe and secure access to the proper
sampling point for the determination of compliance with federal categorical standards
and/or local discharge limits. This may require the installation of a control manhole as
described in Section 13.08.120. All testing shall be performed by an accredited approved
laboratory and conducted at the expense of the discharger.
B. When requested by the director, a user must submit information on the nature and
characteristics of its wastewater within thirty days of the request. The director is
authorized to prepare a form for this purpose and may periodically require users to update
this information. (Ord. 1598 § 1 (part), 2014)
13.08.140 Powers and authority of inspectors.
A. Inspection of Premises. The director or other duly authorized employees or
representatives of the city bearing proper credentials and identification shall be readily
permitted to enter all properties for the purposes of inspection, observation, record
examination and copying, measurement, sampling, and testing in accordance with the
provisions of this chapter at all reasonable times. If the director, health officer, or other
duly authorized employee or representative of the city or the health department has
reasonable cause to believe that wastewater discharge conditions on or emanating from
a facility are so hazardous, unsafe or dangerous as to require immediate inspection to
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safeguard public health or safety or the integrity of the POTW, they shall have the right to
immediately enter and inspect the property and may use any reasonable means required
to effect such entry and make such inspection.
B. The director shall have the right to set up on the user’s property, or require installation
of, such devices as necessary to conduct sampling and/or metering of the user’s
operations. The director may require the user to install monitoring equipment as
necessary. The facility’s sampling and monitoring equipment shall be maintained at all
times in a safe and proper operating condition by the user at its own expense. Any
temporary or permanent obstruction to safe and easy access to the facility to be inspected
and/or sampled shall be removed by the user at the written or verbal request of the
director and shall not be replaced. The costs of clearing such access shall be borne by
the user. Unreasonable delays in allowing access to the user’s premises shall be a
violation of this chapter.
C. Cost of Inspection. Each discharger shall pay a reasonable inspection fee sufficient
to cover the costs of the inspection and regulation of discharge. Such costs may be
incorporated in the industrial user wastewater discharge permit fee.
D. Rights of City Entry. The director or other duly authorized employees of the city
bearing proper credentials and identification shall be permitted to enter all private
properties through which the city holds a duly negotiated easement for the purposes of,
but not limited to, inspection, observation, measurement, sampling, repair and
maintenance of any portion of the POTW. (Ord. 1598 § 1 (part), 2014)
13.08.150 Permit—Required—Term—Transfer—Revocation—Completion of an
industrial user’s survey required.
A. Permit Application.
1. Industrial users required to obtain a wastewater discharge permit shall complete
and file an industrial wastewater discharge permit application with the city within thirty
days of receiving a notice to apply. Proposed new IUs shall apply ninety days prior to
actual connection to the municipal sewer.
2. In support of its application, the applicant must submit the information requested
in the application form issued by the city.
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3. The director will evaluate the data furnished by the IU and may require additional
information. Incomplete or inaccurate applications will not be processed and will be
returned to the IU for revision. After evaluation and acceptance of the information
furnished, the director may issue an industrial wastewater discharge permit subject
to the terms and conditions provided herein.
4. All industrial wastewater discharge permit applications, IU reports, and
certification statements must be signed by an authorized representative of the IU and
contain the certification statement set forth in Section 13.08.300.
5. If the designation of an authorized representative is no longer accurate because
a different individual or position has assumed responsibility either for the overall
operation of the facility or for the overall environmental matters of the company, a
new written authorization satisfying the requirements of this section must be
submitted to the director prior to, or together with, any reports to be signed by an
authorized representative.
6. A denial of a permit application may be appealed pursuant to the procedures in
Section 13.08.480.
B. Permit Conditions. Wastewater discharge permits shall be expressly subject to all
provisions of this chapter and all other regulations, user charges and fees established by
the city. The conditions of wastewater discharge permits shall be uniformly enforced by
the director in accordance with this chapter, and applicable state and federal regulations.
Permit requirements may include but not be limited to the following:
1. A statement that indicates the industrial wastewater discharge permit issuance
date, expiration date, and effective date;
2. A statement that the industrial wastewater discharge permit is nontransferable;
3. Effluent limits, which may include numerical limits or best management practices
based on applicable pretreatment standards;
4. Self-monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of pollutants or best
management practices to be monitored, sampling location, sampling frequency, and
sample type based on federal, state, and local law;
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5. Requirements to control slug discharges, if determined by the director to be
necessary;
6. Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization;
7. Requirements for the installation of pretreatment technology, pollution control, or
construction of appropriate containment devices, designed to reduce, eliminate, or
prevent the introduction of pollutants into the treatment works;
8. Requirements for the development and implementation of spill control plans or
other special conditions including management practices necessary to adequately
prevent accidental, unanticipated, or nonroutine discharges;
9. Development and implementation of waste minimization plans to reduce the
amount of pollutants discharged to the POTW;
10. Requirements for installation and maintenance of inspection and sampling
facilities and equipment, including flow measurement devices;
11. A statement that compliance with the industrial wastewater discharge permit
does not relieve the permittee of responsibility for compliance with all applicable
federal and state pretreatment standards, including those which become effective
during the term of the industrial wastewater discharge permit;
12. Other conditions as deemed appropriate by the director to ensure compliance
with this chapter and state and federal laws, rules, and regulations; and
13. A statement of applicable civil and criminal penalties for violation of pretreatment
standards and requirements, and any applicable compliance schedule. Such
schedule may not extend the time for compliance beyond that required by applicable
federal, state, or local law.
C. Permit Modification.
1. The director may modify any industrial wastewater discharge permit for good
cause, including but not limited to, the following reasons:
a. To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
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b. To address significant alterations or additions to the IU’s operation,
processes, or wastewater volume or character since the time of the industrial
wastewater discharge permit issuance;
c. To add information indicating that the permitted discharge poses a threat to
the city’s POTW, personnel, or the receiving waters;
d. In light of a violation of any terms or conditions of the industrial wastewater
discharge permit;
e. In light of misrepresentations or failure to fully disclose all relevant facts in the
industrial wastewater discharge permit application or in any required reporting;
f. To correct typographical or other errors in the industrial wastewater discharge
permit.
2. An IU shall be informed of any proposed changes in its permit at least thirty
calendar days prior to the effective date of the change.
D. Duration of Permits. Permits shall be issued for a specified time period, not to exceed
five years. A permit may be issued for a period of less than one year or may be stated to
expire on a specific date. The terms and conditions of the permit may be subject to
modification and change by the director during the life of the permit as limitations or
requirements as identified in this chapter are modified and changed. The user shall be
informed of any proposed changes in his or her permit at least thirty days prior to the
effective date of change. Any changes or new conditions in the permit shall include a
reasonable time schedule for compliance.
E. Transfer of a Permit. Wastewater discharge permits are issued to a specific user for
a specific operation. An industrial wastewater discharge permit shall not be reassigned or
transferred or sold to a new owner, new user, different premises, or a new or changed
operation; provided, that if in the opinion of the director, the sale or transfer of an operation
does not result in a change in use, the permit may be reassigned.
F. Revocation of Permit. Any user is subject to permit revocation upon who
violatesviolation of any of the conditions of this chapter, or applicable state and federal
regulations, or any of the following conditions, is subject to permit revocationany of the
following conduct:
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1. Failure to notify the director of significant changes to the IU’s operations, systems,
or wastewater prior to the changed discharge;
2. Misrepresentation or failure to fully disclose all relevant facts in the industrial
wastewater discharge permit application;
3. Falsifying self-monitoring reports and certification statements;
4. Tampering with monitoring equipment;
5. Refusing to allow the director timely access to facility premises and records;
6. Failure to meet effluent limitations;
7. Failure to pay fines;
8. Failure to provide advance notice of the transfer of business ownership of a
permitted facility;
9. Failure to meet compliance schedules; or
10. Violation of any pretreatment standard or requirement or of any terms of the
industrial wastewater discharge permit or of this chapter.
G. Industrial wastewater discharge permits shall be voidable upon cessation of
operations or transfer of business ownership. All industrial wastewater discharge permits
issued to an IU are void upon the issuance of a new industrial wastewater discharge
permit to that IU. (Ord. 1598 § 1 (part), 2014)
13.08.160 Reporting requirements for permittees.
A. Any discharger of nondomestic wastewater may be required to submit to the director
a report indicating the nature, concentration and daily flows of all limiting pollutants. The
report shall also state whether the applicable pretreatment standards and requirements
are being consistently met.
B. After meeting the requirements set forth in subsection A of this section, the user shall
submit self-monitoring reports, as required by the director, to assess and assure
continued compliance with pretreatment standards and requirements, including, but not
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limited to, the reports required in 40 CFR 403.12. These reports shall contain the results
of sampling and analysis of the discharge, done in accordance with the procedures
approved by the POTW.
C. Reports, such as those identified in subsections A and B of this section but not limited
to, shall be signed and certified by an authorized representative of the discharging facility.
D. All industrial users shall be required to retain for a minimum of three years any records
and/or reports of monitoring activities or results and shall make such records/reports
available for inspection and copying by the POTW. This period of retention shall be
extended during the course of any unresolved pending litigation regarding the industrial
user.
E. Notification of the Discharge of Hazardous Waste.
1. Any user who commences the discharge of hazardous waste shall notify the
POTW, the EPA Regional Waste Management Division Director, and state hazardous
waste authorities, in writing, of any discharge into the POTW of a substance which, if
otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such
notification must include the name of the hazardous waste as set forth in 40 CFR Part
261, the EPA hazardous waste number, and the type of discharge (continuous, batch,
or other). If the user discharges more than one hundred kilograms of such waste per
calendar month to the POTW, the notification also shall contain the following
information to the extent such information is known and readily available to the user:
an identification of the hazardous constituents contained in the wastes, an estimation
of the mass and concentration of such constituents in the wastestream discharged
during that calendar month, and an estimation of the mass of constituents in the
wastestream expected to be discharged during the following twelve months. All
notifications must take place no later than one hundred eighty days after the
discharge commences. Any notification under this subsection need be submitted only
once for each hazardous waste discharged. However, notifications of changed
conditions must be submitted under this article. The notification requirement in this
section does not apply to pollutants already reported by users subject to categorical
pretreatment standards under the self monitoring requirements of this article.
2. Dischargers are exempt from the requirements of subsection A of this section
during a calendar month in which they discharge no more than fifteen kilograms of
hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40
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CFR 261.30(d) and 261.33(e). Discharge of more than fifteen kilograms of nonacute
hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes
as specified in 40 CFR 261.30(d) and 261.33(e), requires a one- time notification.
Subsequent months during which the user discharges more than such quantities of
any hazardous waste do not require additional notification.
3. In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional substance as a
hazardous waste, the user must notify the director, the EPA Regional Waste
Management Waste Division Director, and state hazardous waste authorities of the
discharge of such substance within ninety days of the effective date of such
regulations.
4. In the case of any notification made under this section, the user shall certify that
it has a program in place to reduce the volume and toxicity of hazardous wastes
generated to the degree it has determined to be economically practical by the director.
5. This provision does not create a right to discharge any substance not otherwise
permitted to be discharged by this chapter, a permit issued thereunder, or any
applicable federal or state law. (Ord. 1598 § 1 (part), 2014)
13.08.170 Baseline monitoring reports.
A. Within either one hundred eighty days after the effective date of a categorical
pretreatment standard, or the final administrative decision on a category determination
under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users
currently discharging to, or scheduled to discharge to, the POTW shall submit to the
director a report containing the information listed in subsection C of this section.
B. At least ninety days prior to commencement of their discharge, new sources, and
sources that become categorical industrial users subsequent to the promulgation of an
applicable categorical standard, shall submit to the director a report containing the
information listed in subsection C of this section. A new source shall report the method of
pretreatment it intends to use to meet applicable categorical standards. A new source
shall also give estimates of its anticipated flow and quantity of pollutants to be discharged.
C. IUs described above shall submit the information set forth below:
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1. Identifying Information. The IU shall submit the name and address of the facility
including the name of the operator and owners.
2. Permits. The IU shall submit a list of any environmental control permits held by or
for the facility.
3. Description of Operations. The IU shall submit a brief description of the nature,
average rate of production, and standard industrial classification of the operation(s)
carried out by such IU. This description shall include a schematic process diagram
that indicates points of discharge to the POTW from the regulated processes.
4. Flow Measurement. The IU shall submit information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW from each of
the following:
a. Regulated process streams; and
b. Other streams as necessary to allow use of the combined waste stream
formula of 40 CFR 403.6(e). The city may allow for verifiable estimates of these
flows where justified by cost or feasibility considerations.
5. Measurement of Pollutants.
a. The IU shall identify the pretreatment standards applicable to each regulated
process; and
b. The IU shall submit the results of sampling and analysis identifying the nature
and concentration of regulated pollutants in the discharge from each regulated
process. Both daily maximum and average concentration shall be reported. The
sample shall be representative of daily operations.
c. A minimum of four grab samples must be used for pH, cyanide, total phenols,
oil and grease, sulfide, and volatile organics. For all other pollutants, twenty-four-
hour composite samples must be obtained through flow-proportional composite
sampling techniques where feasible. The city may waive flow-proportional
composite sampling for any IU that demonstrates that flow-proportional sampling
is infeasible. In such cases, samples may be obtained through time-proportional
composite sampling techniques or through a minimum of four grab samples
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where the IU demonstrates that this will provide a representative sample of the
effluent being discharged.
d. The IU shall take a minimum of one representative sample to compile the data
necessary to comply with the requirements of this section.
e. Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated process if no
pretreatment facility exists. If other wastewaters are mixed with the regulated
wastewater prior to pretreatment, the IU shall measure the flows and
concentrations necessary to allow use of the combined waste stream formula of
40 CFR 403.6(e) in order to evaluate compliance with the pretreatment standards.
Where an alternate concentration has been calculated in accordance with 40 CFR
403.6(e) this adjusted limit along with supporting data shall be submitted to the
city.
f. Sampling and analysis shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part
136 does not contain sampling or analytical techniques for the pollutant in
question, or where the director determines that the 40 CFR Part 136 sampling
and analytical techniques are inappropriate for the pollutant in question, sampling
and analyses shall be performed by using validated analytical methods or any
other applicable sampling and analytical procedures, including procedures
suggested by the city or other parties, and approved by the director.
g. The city may allow the submission of a baseline report that utilizes only
historical data so long as the data provides information sufficient to determine the
need for industrial pretreatment measures.
h. The baseline report shall indicate the time, date, and place of sampling, and
methods of analysis, and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant discharges to the
POTW.
6. Compliance Certification. The IU shall submit a statement, reviewed by an
authorized representative of the IU (as defined in Section 13.08.160 and certified to
by a qualified professional) indicating whether pretreatment standards are being met
on a consistent basis, and, if not, whether additional operation and maintenance (O
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and M) and/or additional pretreatment is required for the IU to meet the pretreatment
standards and requirements.
7. Compliance Schedule. If additional pretreatment and/or O and M will be required
to meet the pretreatment standards, the IU shall submit the shortest schedule by
which the IU will provide such additional pretreatment and/or O and M. The
completion date in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard. A compliance schedule shall
meet the requirements set forth in Section 13.08.180.
8. All baseline monitoring reports must be certified in accordance with this section
and be signed by an authorized representative as defined in Section 13.08.160of the
discharging facility. (Ord. 1598 § 1 (part), 2014)
13.08.180 Compliance schedule.
A. The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction and operation
of additional pretreatment required for the IU to meet the applicable pretreatment
standards (such events include, but are not limited to, hiring an engineer, completing
preliminary and final plans, executing contracts for major components, commencing and
completing construction, and beginning and conducting routine operation). No increment
of the schedule shall exceed nine months;
B. No increment referred to above shall exceed nine months;
C. The IU shall submit a progress report to the director no later than fourteen days
following each date in the schedule and the final date of compliance, including in such
progress report, at a minimum, whether it complied with the increment of progress, the
reason for any delay, and if appropriate, the steps taken by the IU to return to the
established schedule. In no event shall more than nine months elapse between
submissions of such progress reports to the Director. (Ord. 1598 § 1 (part), 2014) ; and
D. In no event shall more than nine months elapse between submissions of such
progress reports to the director. (Ord. 1598 § 1 (part), 2014)
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13.08.200 Periodic compliance reports.
A. All SIUs must, at a frequency determined by the director, submit no less than twice
per year, in June and December or on other dates specified, reports indicating the nature
and concentration of pollutants in the discharge that are limited by pretreatment
standards, and the measured or estimated average and maximum daily flows for the
reporting period. In cases where the pretreatment standard requires compliance with a
best management practice or pollution prevention alternative, the SIU must submit
documentation required by the director or the pretreatment standard necessary to
determine the compliance status of the SIU. The director may modify the months during
which the above reports are to be submitted.
B. All periodic compliance reports must be signed and certified by an authorized
representative of the discharging facility. in accordance with Section 13.08.160. (Ord.
1598 § 1 (part), 2014)
13.08.340 Computation of fee.
The sum of the fee described in Section 13.08.330 shall be the equivalent of the cost to
similar properties then within the city which have paid for the facilities so to be used. (Ord.
1598 § 1 (part), 2014)
13.08.350 Exemption of outstanding bonds from fee determination.
The sum of the fee described in Section 13.08.330 shall not include any amounts from
which bonds of the city are then outstanding and to which the property shall become
subject upon annexation. (Ord. 1598 § 1 (part), 2014)
13.08.360 Main extensions to customers other than subdivisions—Terms and
conditions.
A. Sewer mains may be extended by developers or other interested parties that would
benefit by their extension, at their cost, providing provided the improvements are
designed to current city standards and policy and are approved by the director of public
works and director of utilities.
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B. The owner or developer who installs improvements which abut property other than
that being developed, or in a greater size or capacity than that required for the
development of the property under consideration, may be eligible for reimbursementd as
provided in Section 16.20.110. (Ord. 1598 § 1 (part), 2014)
13.08.390 Drainage below curb and below main sewer level.
A. Drainage Piping Serving Fixtures. Drainage piping serving fixtures, the flood level
rims of which are located below the elevation of the curb or property line, at the point
where the building sewer crosses under the curb or property line, and above the crown
level of the main sewer, shall drain by gravity into the main sewer, and shall be protected
from backflow of sewage by installing an approved typea backwater valve that is
compliant with the CPC, and each such backwater valve shall be installed only in that
branch or section of the drainage system which receives the discharge from fixtures
located below the elevation of the curb or property line. If the drainage piping is lower
than the next upstream manhole, the property owner must install a backwater valve. It is
the property owner’s responsibility to determine whether a backwater valve is required.
B. Director Empowered to Stop Overflow. The City is not liable for damage caused by
or resulting from a property owner’s failure to install and maintain a CPC-compliant
backwater valve. If the property owner fails to install and maintain a backwater trap or
backwater valve in good working condition,to be free of obstruction and function as
designed, when required under this section, the director may order and require the
plumbing fixture to be disconnected and removed and the outlet plugged or capped. In
the event that the property owner fails to disconnect and plug or cap the sewer connection
within ten days after written notice by the director, then the director shall arrange for such
disconnection and capping, the cost of which may be collected by court action or may be
declared to be a lien by action of the council after public hearing and notice of the property
owner and shall be added to and collected as part of the tax roll.
C. Alternate Right to Terminate Water Service. Failure to comply with this section shall
be considered an unauthorized action by the property owner. As an alternate to the
procedure set forth in subsection B of this section, if the property owner fails to install and
maintain a backwater trap valve in good working condition when requested under this
chapter, the director may order and require termination of water service to the parcel and
all structures connected to the sewer outlet subject to overflow. The water service shall
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not be reinstated until the maintenance or installation of the backwater trap or backwater
valve has been approved by the director.
D. Maintenance of House Sewer Connections. Maintenance of house sewer
connections shall comply with subsSection 13.08.395(B). (Ord. 1704 § 15, 2021; Ord.
1665 § 2, 2019; Ord. 1598 § 1 (part), 2014)
13.08.395 Private sewer laterals/systems.
A. Purpose. Inflow and infiltration (I/I) is a serious problem for the city in that during wet
weather events, a significant amount of water is introduced into the city’s wastewater
collection system from breaches in the public and private sewer pipeline system. Studies
have shown that private sewer laterals are a significant source of I/I for the city. The city
has determined that it is in the interest of the public’s health, safety, and welfare to
address I/I contributed by private sewer laterals and, as such, it is a city priority to require
the inspection of private sewer laterals.
B. Ownership, Maintenance, and Repair.
1. The entire lateral, from the building connection up to and including the “wye”
connection or other tie-in to the city-owned sewer main, shall fall within the owner’s
responsibility for installation, maintenance, repair, and replacement.
2. Each property owner shall be responsible for maintenance and repair of their
private sewer lateral in compliance with this section in a safe and sanitary condition,
including:
a. Private sewer laterals shall be free of displaced joints, breaks, offsets,
structural defects, damage, open joints, missing portions of pipe, root intrusion,
cracks, leaks, sediment deposits, bellies in the pipe or any other similar
conditions, defects or obstructions likely to cause or contribute to blockage of the
private sewer lateral or the public sewer.
b. Private sewer laterals shall be equipped with cleanouts.
c. Private sewer laterals shall not be constructed, either in whole or in part, of
“Orangeburg pipe.”
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d. As described in Section 13.08.030(A), it is unlawful for any individual to
connect the following to a private sewer lateral: storm drains, roof drains, yard
drains, surface or subsurface drainage, groundwater, or other non-sewage pipes
or drains.
3. If a property owner fails to maintain the abovementioned wastewater facilities in
a safe and sanitary condition, the director may order and require termination of water
service to the parcel and all structures connected to the sewer outlet subject to these
conditions. The water service shall not be reinstated until the maintenance or
installation of appropriate wastewater disposal facilities has been approved by the
director.
4. Before granting any permit authorizing construction of a private sewer lateral or
private sewer main serving multiple properties, the city shall require a private
easement setting forth responsibilities for each parcel served (including responsibility
for maintenance, inspection, and improvement of the shared sewer lateral).
C. Inspection of Existing Private Sewer Laterals.
1. Except as set forth in subsection (C)(2) of this section, after January 1, 2020, all
private sewer laterals connected to the city’s sewer system shall be inspected per
subsection F of this section at the property owner’s sole expense, when any of the
following events occur:
a. Whenever the city has issued a notice of violation following a sanitary sewer
overflow event from a property’s private sewer lateral.
b. Upon submittal of a building permit for the addition of a bedroom, bathroom,
or kitchen in a residential structure or the addition of nonresidential space or an
additional plumbing fixture unit in nonresidential structures.
c. A change of the use of the structure from: (i) residential to nonresidential use;
(ii) to a nonresidential use that will result in a higher flow than the previous
nonresidential use; or (iii) to a nonresidential use where the structure served has
been vacant or unoccupied for more than three years.
d. Increase in size of the domestic water meter serving the property or adding a
new domestic water meter.
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e. Whenever property located in the city and containing one or more structures
which are served by a private sewer lateral or laterals is subdivided. The
inspection shall occur prior to recordation of the final map.
f. Within thirty days of notification by the city that “smoke testing” or closed-circuit
television (CCTV) sewer main inspection indicates the presence of inflow or
infiltration from private property that impacts the operation of the public
wastewater collection system.
g. Upon any change in ownership of real property within the city, which shall be
implemented as follows:
i. “Change in ownership” shall have the meaning set forth in Revenue and
Taxation Code Sections 60 and 61. A change in ownership shall not include
those transactions as set forth in Revenue and Taxation Code Section 62.
ii. Before close of escrow for any change in ownership of real property within
the city, the seller(s) of such property shall disclose to the buyer(s) the results
of the private sewer lateral inspection as set forth in subsection F of this
section.
h. For events identified in subsections (C)(1)(a) through (C)(1)(f) of this section,
repair or replacement shall be made pursuant to subsection G of this section.
2. Exceptions. An inspection required pursuant to subsection (C)(1) of this section
shall not be required in the following circumstances:
a. New Construction or Prior Replacement of Lateral. If the owner(s) (or the
owner’s predecessor-in-interest) has originally installed or has replaced the
private sewer lateral within the twenty years prior to the date the inspection would
otherwise be required.
b. Prior Inspection of a Lateral. If the owner(s) (or the owner’s predecessor-in-
interest) has completed an inspection of the sewer lateral in accordance with the
inspection requirements of subsection F of this section within the past five years.
c. The private sewer lateral is located within a common interest development
system that is not owned and operated by the city, which is regulated under
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subsection D of this section and serves more than two separate units or
properties within the common interest development.
The owner shall bear the burden of proving that the inspection requirements of
subsection (C)(1) of this section do not apply. The owner shall provide proof of any
prior replacement, inspection or repair of a private sewer lateral in the form of a validly
issued permit or other documentation that ensures such prior replacement, repair or
inspection of a private sewer lateral occurred pursuant to the exceptions above. The
form and content of the document or proof must be deemed sufficient by the city’s
utilities director.
D. Private Sewer Laterals within Common Interest Developments.
1. For purposes of this section, the term “common interest development” shall
include any community apartment project, condominium project, planned
development, or stock cooperative.
2. Private sewer laterals located within a common interest development shall be
inspected pursuant to the requirements of subsection F of this section as follows:
a. By January 1, 2030, and once every twenty years thereafter.
ba. Whenever the city has issued a notice of violation following a sanitary sewer
overflow event from a common interest development’s private sewer lateral.
cb. Increase in size of the water meter serving the common interest
development.
3. Exceptions. An inspection required pursuant to subsection (D)(1) of this section
shall not be required in the following circumstances:
a. Prior Replacement of Lateral. If the private sewer lateral serving the common
interest development in its entirety was installed or replaced within the twenty
years prior to the date the inspection would otherwise be required.
b. Prior Inspection or Repair of a Lateral. If the private sewer lateral serving the
common interest development in its entirety was inspected in accordance with
the inspection requirements of subsection F of this section within the five years
prior to the date the inspection would otherwise be required.
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E. Inspection of Shared Private Sewer Laterals. Each property owner served by a shared
private sewer lateral shall be responsible for compliance with subsection B of this section
and shall be subject to the inspection requirements identified in subsection C of this
section. For purposes of this subsection E, a “shared private sewer lateral” shall mean
laterals serving more than one property that are not part of a common interest
development.
F. Inspection Requirements.
1. Property owners must submit documentation of the sewer lateral inspection to the
city prior to the close of escrow. Testing may be accomplished by either a water ex-
filtration test, an air test, or closed-circuit video recording observation. Installation of
cleanouts and removal of existing P-traps may be necessary to accomplish the video
inspection. If a closed-circuit video recording observation is selected as the method
of inspection, then the video shall meet the following requirements:
a. Shall be in digital format.
b. Shall be in color (black and white or otherwise unclear video will not be
accepted).
c. Shall show the address of the lateral.
d. Shall show the date the video was taken.
e. Shall inspect the entire lateral from the house connection to the city-owned
sewer main.
f. Shall have a running foot or time marker clearly visible on the screen.
g. Where joints are present, shall briefly stop the camera at each to clearly
indicate their integrity.
h. Shall have the telephone number for the point of contact for the company
providing the inspection.
i. A map shall be provided with the video inspection to clearly show the lateral
location including the cleanout or access point at the house connection used to
insert the camera into the lateral and the wye connection to the city-owned sewer
main.
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2. The lateral inspection and lateral inspection report shall be prepared and signed
by a contractor, plumber, or a person experienced in lateral inspections who shall
declare that the report is true and correct. At a minimum, the inspection report shall
include the information in Exhibit A:
EXHIBIT A: PRIVATE SEWER LATERAL INSPECTION REPORT
Property Address (or
Addresses):___________________________________________________________
_______
Inspection
Date:_______________________________
Inspection
Method:_________________________
_____
Company Name/Point of
Contact:______________________________________________________________
____
Phone Number/Email
Address:______________________________________________________________
______
Lateral Length (in
feet):_________________________
Lateral
Material:________________________
________
Installation date (if
known):______________________
Lateral
Age:___________________________
________
Describe deficiencies (if
any):_________________________________________________________________
___
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EXHIBIT A: PRIVATE SEWER LATERAL INSPECTION REPORT
Plumber/Contractor
Signature:_____________________________________________________________
License # of
Plumber/Contractor:_____________________________________________________
Property Owner Signature:__(Digital ID or wet)
________________________________________________________________
Property Owner interest in participating in city Wastewater Flow Offset
Program: *
YES NO
* If Property Owner indicates “Yes”, city would include address on an eligibility list for
Wastewater Flow Offset Mitigation requirement.
3. A contractor, plumber, or a person experienced in lateral inspections who
prepares a false lateral inspection report shall be subject to punishment under Article
XII of this chapter in addition to any other legal remedies or punishment provided by
law.
4. Verification. The city reserves the right to verify the sewer lateral inspection results
prior to being accepted.
G. Sewer Lateral Repair or Replacement Requirements. Upon receipt of the private
sewer lateral inspection report pursuant to this chapter, within seven business days, the
city shall review the private sewer lateral inspection and lateral inspection report to verify
the plumber/contractor findings and provide the owner with a determination on whether
the lateral meets the criteria described in subsection B of this section. If the private sewer
lateral is not in compliance with subsection B of this section, then it shall be repaired or
replaced to conform to such standards within 180 days. If an inspection of a noncompliant
lateral was conditioned due to a sanitary sewer overflow or from findings of infiltration and
intrusion, or a lateral with defects having not met the required pipe material requirements,
it must be completely replaced rather than repaired. No person shall repair or replace a
sewer lateral without first obtaining a permit from the city.
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H. Punishment for Violation of this Chapter. Failure to comply with the requirements of
this article shall be punishable pursuant to the remedies identified in Article XII of this
chapter. No building permits or other discretionary approvals shall be issued for a property
with a private sewer lateral that is determined to be not in compliance with subsection B
of this section until the private sewer lateral is brought into compliance with city standards.
Violations of this article shall be punishable pursuant to the remedies identified in Article
XII of this chapter. It is considered a violation for any property owner to have a sewer
lateral system that does not comply with subsection B, unless the repair or replacement
of such system is being pursued in good faith. The city may withhold building permits or
other discretionary approvals for a property with a private sewer lateral that is determined
to be not in compliance with subsection B of this section until the private sewer lateral is
brought into compliance with city standards. Final building approval will be conditioned
upon repair or replacement of any noncompliant lateral systems to the satisfaction of the
director.
I. Rebate Programs. The city may establish by resolution one or more programs to assist
owners with the replacement of private sewer laterals.
J. Fees. The city council may from time to time establish, by resolution, fees for issuing
permits, reviewing inspection reports and other activities of the city performed pursuant
to this chapter. (Ord. 1704 §§ 16—18, 2021; Ord. 1665 § 3 (part), 2019)
13.08.396 Wastewater flow offset.
A. Purpose. The city experiences surcharging in the wastewater collection system and
sanitary sewer overflows during wet weather events due to inflow and infiltration. The
purpose of these regulations is to establish a methodology whereby new or intensified
development in capacity constrained areas as established by the city council could offset
new wastewater flow to mitigate capacity constraints in the existing wastewater collection
system to accommodate the project’s additional demand. Without a reduction in inflow
and infiltration in these areas, the city will not be able to serve new or intensified
development until a significant number of private sewer laterals are replaced or public
sewer mains are upsized. Wastewater flow offset through private lateral replacement
provides a benefit to the wastewater collection system and the community by reducing
public and environmental health concerns by reducing potential SSOs.
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B. Application. The provisions of this article shall apply to new or intensified development
in capacity constrained areas of the wastewater collection system as established by the
city council.
C. Calculating the Wastewater Flow Offset. An applicant shall calculate a development’s
wastewater flow offset (Exhibit B) using the domestic sewage generation factors and
peaking factor identified in the uniform design criteria, found in the city’s adopted
engineering standards.
D. Wastewater Flow Offset through Private Lateral Replacement. The city determined
that replacement of a private sewer lateral serving an existing single-family residence
(one equivalent dwelling unit) would create a wastewater flow offset of three hundred
ninety gallons per day. This is equal to the wastewater generation rate of aone single-
family residence (one hundred fifty gpdgallons per day), at a peaking factor of 2.6.
EXHIBIT B: Wastewater Flow Offset Calculation Worksheet
Residential
Development:
Studio Units: ____________________________
Multi-Family Units: ____________________________
Single-Family Units: ____________________________
Residential Wastewater
Flow:
Studio Units: ____________________________
Multi-Family Units: ____________________________
Single-Family Units: ____________________________
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EXHIBIT B: Wastewater Flow Offset Calculation Worksheet
RESIDENTIAL FLOW TOTAL (gallons
per day):
____________________________
Non-Residential
Development:
Commercial Square
Footage:
____________________________
Industrial Square
Footage:
____________________________
Manufacturing Square
Footage:
____________________________
Business Park Square
Footage:
____________________________
Hotel/Motel Rooms: ____________________________
Non-Residential
Wastewater Flow:
Commercial: ____________________________
Industrial: ____________________________
Manufacturing: ____________________________
Business Park: ____________________________
Hotel/Motel: ____________________________
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EXHIBIT B: Wastewater Flow Offset Calculation Worksheet
NON-RESIDENTIAL FLOW TOTAL
(gallons per day):
____________________________
(Proposed Residential Flow + Proposed Non-Residential Flow) x Peaking Factor =
Total Wastewater Flow Offset
TOTAL WASTEWATER FLOW OFFSET
(gallons per day):
____________________________
* Replacement of a private sewer lateral serving an existing single-family residence
(one equivalent dwelling unit) would offset 390 gallons per day of additional
wastewater flow).
E. Wastewater flow offset must occur off-site, within the same capacity constrained
wastewater flow basin as the proposed new or intensified development. Developers
required to complete an offset must complete a Wastewater Flow Offset Program
Application to obtain a building permit for the offset. Underlying building permits for the
project triggering the offset may be withheld until completion of the wastewater offset.
F. Construction of off-site public sewer main improvements, including replacement or
rehabilitation of sewer manholes, providing the equivalent or greater reduction in inflow
and infiltration within the same capacity constrained wastewater flow basin may be
allowed as an alternative to wastewater flow offsets (replacement of private sewer
laterals) at the discretion of the utilities director. (Ord. 1704 § 19, 2021; Ord. 1665 § 3
(part), 2019)
G. Single family residences applying for an ADU building permit may be allowed to submit
for an offset in a different capacity constrained basin, provided there is an equivalent or
greater reduction in inflow and infiltration, at the discretion of the utilities director.
H. Sewer capacity offsets within the same parcel boundary (on-site) may be considered
as an offset credit for a residential intensification project, at the discretion of the utilities
director.
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13.08.400 Determination—User classification.
A. A schedule of charges and fees shall be adopted by the city by resolution and may
be amended from time to time which will enable the city to comply with the revenue
requirements of the State Clean Water Grant Program. Charges and fees shall be
determined in a manner consistent with regulations of the grant program.
B. All users shall be classified by assigning each one to a user classification (significant
industrial user, Class I user or Class II user) categoryas either a significant industrial user,
Class I user, or a Class II user, according to the principal activity conducted on the user’s
premises and appropriate nonindustrial classifications as determined by the city. The
purpose of such classification is to facilitate the regulation of wastewater discharges
based on wastewater constituents and characteristics to provide an effective means of
source control, and to establish a system of user charges and industrial user wastewater
discharge permit fees which will ensure an equitable recovery of the city’s cost for
operation of the pretreatment program.
C. The charges for each wastewater constituent and characteristic shall be established
by the city and set forth in the city’s schedule of charges and fees, which may include, but
shall not be limited to:
1. User classification charges.
2. Fees for monitoring and inspections.
3. Charges and fees based on wastewater constituents and characteristics to
include industrial cost recovery provisions of the Federal Act (i.e., PL 92-500).
4. In case a residence or place of business becomes vacant, the minimum sewer
charge shall be collected until the city is requested to shut off the water.
5. All charges for such sewage service shall be paid at the same time as water
charges are paid to the city and shall be billed upon the same water bill sent to the
user; and both amounts must be paid or the city may, in addition to other remedies,
shut off the water service.
6. Any person failing to pay the sewer service charge when due, and if the water
service has been disconnected, shall pay the water restoration-reconnection charge
provided for in Section 13.04.060.
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D. When user classification charges are established, they shall be based upon a
minimum basic charge for each premises, computed on the basis of wastewater from a
domestic premises. (Ord. 1598 § 1 (part), 2014)
13.08.460 Unlawful discharges.
A. Notification of Discharge.
1. Users shall notify the director immediately upon discharging wastes in violation of
this chapter to enable countermeasures to be taken by the city to minimize damage
to the community sewer, treatment facility, treatment process, treatment personnel
and the receiving waters.
2. This notification shall be followed within fifteen days of the date of occurrence, by
a detailed written statement describing the causes of the accidental discharge and
the measures being taken to prevent future occurrence.
3. Such notification will not relieve users of liability for any expense, loss or damage
to the sewer system, treatment plant, or treatment process, or other public or private
property, or for any fines imposed on the city by any public entity on account thereof.
B. Notices to Employees. In order that employees of users be informed of city
requirements, users shall make available to their employees copies of this chapter,
together with such other wastewater information and notices which may be furnished by
the city from time to time directed toward more effective water pollution control. A notice
shall be furnished and permanently posted on at the user’s bulletin boardpremises
advising employees whom to call contact in case of an accidental discharge in violation
of this chapter.
C. Preventive Measures. Any direct or indirect connection or entry point for persistent or
deleterious wastes to the user’s plumbing or drainage system should be eliminated.
Where such action is impractical or unreasonable, the user shall appropriately label such
entry points to warn against discharge of such wastes in violation of this chapter. (Ord.
1598 § 1 (part), 2014)
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13.08.480 Appeals.
A. Within five days of issuance of a notice to correct/notice of violation of this chapter, a
person receiving such notice(s) and citation may request in writing that the director review
a contested notice to correct and/or notice of violation. Director review will proceed under
the terms of Section 1.24.090. There is no separate right to appeal from the director’s
review or determination on a notice of correction or violation, but any assertions of error
or challenges to the director’s review or determination may be raised as part of any appeal
from an administrative citation pursuant to Section 1.24.100.
BA. Any user, permit applicant, or permit holder affected by any decision, action or
determination, including cease and desist orders, made by the director in issuing an
administrative citation, interpreting or implementing the provisions of this chapter or in
any permit issued herein, may file with the city clerk a written appeal within ten days of
such decision, action or determination, setting forth in detail the facts supporting the
appeal, in accordance with Section 1.24.100. The appeal shall include a statement
whether the appellant elects either to proceed with a hearing officer (if no writ will be
sought) or to the administrative review board (if the appellant intends to challenge city
action by writ), pursuant to Section 1.24.100(B)(2). The request for appeal shall be
deemed filed on the date received by the city clerk. If no appeal is filed within ten days of
the effective date of the administrative citation, the administrative citation shall be deemed
final.
BC. The written appeal shall be heard by the council within thirty days from the date of
filing. The council shall make a final ruling on the appeal within ten days of the close of
the meeting. Pending final determination on the appeal by the council, the decision
appealed from shall remain in full force and effect. (Ord. 1598 § 1 (part), 2014) The appeal
will be heard either by a hearing officer or the administrative review board, by appellant’s
election, by the procedure set forth in Sections 1.24.110-1.24.130.
D. The notice of the decision by either the hearing officer or administrative review board
or construction board of appeals is final and is not subject to appeal to the City Council.
The appellant may seek judicial review pursuant to Section 1.24.140.
Page 564 of 596
Ordinance No. _____ (2024 Series) Page 115
O ______
13.08.510 Assessment of cost.
Any person who discharges or causes to be discharged any water or wastewater in
violation of this chapter and such discharge, either singly or by interaction with other
discharges, results in damage to or is otherwise detrimental to or adversely affects the
POTW, city property, city storm drain system or waters of the state shall be liable to the
city for expenses necessary to correct that damage, detriment or adverse effect. The
expenses may include, but are not limited to, costs for labor, material, inspection and
overhead. Any expenses resulting from the investigation of unlawful discharges shall be
collected from the responsible party. In addition, any monetary penalties imposed against
the city shall also be costs for which the violator is liable to the city. (Ord. 1598 § 1 (part),
2014)
13.08.550 Prohibited discharge standards.
A user shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the general prohibitions in subSsection 13.08.040(A) or the specific
prohibitions in subsSections 13.08.040(B) through (J) if it can prove that it did not know,
or have reason to know, that its discharge, alone or in conjunction with discharges from
other sources, would cause pass through or interference and that either:
A. A local limit exists for each pollutant discharged and the user was in compliance with
each limit directly prior to, and during, the pass through or interference; or
B. No local limit exists, but the discharge did not change substantially in nature or
constituents from the user’s prior discharge when the city was regularly in compliance
with its NPDES permit, and in the case of interference, was in compliance with applicable
sludge use or disposal requirements. (Ord. 1598 § 1 (part), 2014)
SECTION 9. Chapter 13.24 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
Page 565 of 596
Ordinance No. _____ (2024 Series) Page 116
O ______
Chapter 13.24 - RECYCLED WATER SERVICE
13.24.020 Use and distribution of recycled water.
A. The use and distribution of recycled water shall be in accordance with the city’s
Procedures for Recycled Water Use and all applicable federal, state and local
laws, permits and regulations, including Titles 17 and 22 of the California Code of
Regulations, as may be amended from time to time. (Ord. 1526 § 1, 2009)
B. Recycled water use for construction purposes shall follow the current Construction
Water Permit Program, as may be amended from time to time. Failure to comply
with program requirements will result in administrative action.
C. Each recycled water site shall have one designated Site Supervisor unless
approved by the utilities Director. Site supervisors are required to undergo
certification per the City’s Recycled Water Procedures for Use.
D. A parcel owner utilizing recycled water must maintain adequate site signage and
utilize appropriate materials designating recycled water use (purple pipe).
Appropriate signage and material use may be determined by the Utilities Director
or Recycled Water Specialist.
E. A parcel not receiving recycled water shall not utilize piping, drip tubing, or other
materials commonly associated with recycled water (purple pipe). Sites utilizing
potable water and materials designed for use with recycled water may be required
to replace the material at the property owner’s expense.
F. Noncompliance with Recycled Water Use and Procedures or any requirements
may result in administrative action and temporary suspension of water service.
G. Before receiving recycled water, a parcel owner must enter into and adhere to a
Recycled water user agreement with the Utilities Department.
SECTION 10. Section 15.02.050 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
15.02.050 Plumbing standards.
The city of San Luis Obispo hereby adopts the 2022 California Plumbing Code as Part 5
of the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except as
Page 566 of 596
Ordinance No. _____ (2024 Series) Page 117
O ______
otherwise provided herein, or as later amended in Section 15.04.050, or affected by San
Luis Obispo’s Public Services Code Section 13.08, Part 5 of the San Luis Obispo Building
Construction and Fire Prevention Code, 2023, shall be as published in the California
Plumbing Code, 2022 Edition, and as copyrighted in 2021 by the International Association
of Plumbing and Mechanical Officials and the California Building Standards Commission,
California Code of Regulations, Title 24, Part 5, including all of its tables, indices,
addenda, footnotes, and the following appendices:
A. Appendix A—Recommended Rules for Sizing the Water Supply System.
B. Appendix B—Explanatory Notes on Combination Waste and Vent Systems.
C. Appendix C—Alternate Plumbing Systems.
D. Appendix D—Sizing Storm Water Drainage Systems.
E. Appendix E—Manufactured/Mobile Home Parks and Recreational Vehicle Parks.
F. Appendix G—Sizing of Venting Systems.
G. Appendix H—Private Sewage Disposal Systems.
H. Appendix I—Installation Standards.
I. Appendix J—Combination of Indoor and Outdoor Combustion and Ventilation Opening
Design.
J. Appendix K—Potable Rainwater Catchment Systems.
K. Appendix M—Peak Water Demand Calculator.
L. Appendix N—Impact of Water Temperature on The Potential for Scalding and
Legionella Growth.
Said California Plumbing Code is hereby referred to and by such reference is incorporated
herein as if fully set forth. (Ord. 1723 § 5, 2022)
SECTION 11. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
Page 567 of 596
Ordinance No. _____ (2024 Series) Page 118
O ______
INTRODUCED on the ____ day of ____, 2024, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2024, on the following
vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
Page 568 of 596
1
Introduce Ordinance Amending Title 8 (Solid Waste),
Title 12 (Stormwater), Title 13 (Water-Sewer), Title 15
(Plumbing Code)
April 2, 2024
Presented by:
Mychal Boerman– Water Deputy Director
Chris Lehman – Wastewater Deputy Director
2
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Recommendation:
Introduce a Draft Ordinance entitled, “An
Ordinance of the City Council of San Luis Obispo,
California, amending Title 8 (Solid Waste), Title 12
(Stormwater), Title 13 (Water and Sewer) and Title
15 (Plumbing Code) of the City of San Luis Obispo
Municipal Code.”
3
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Updates to Title 8 – Health and Safety (Solid Waste)
Chapter 8.04 – Solid Waste, Recycling, and Organic Waste (packet page
452-458)
•City may require restaurants or businesses to install a locking mechanism
on trash, recycling, and/or organics bin(s), if deemed necessary, due to
container not being properly maintained of trash/debris or if other
environmental issues are prevalent.
Chapter 8.09 – Single-Use Foodware Accessories and Standard
Condiments (packet page 458-462)
•Assembly Bill 1276 prohibits food facilities from providing any single-use
foodware accessory or standard condiment to a consumer unless
requested.
4
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Updates to Title 12 – Streets, Sidewalks and Public
Places (Stormwater)
Chapter 12.08 – Urban Stormwater Quality Management and Discharge
Control (packet page 462-484)
•Adding the definition of "property owner" to include HOAs
•Clarifying the list of allowable exceptions to illegal discharge to include all
those listed by the Clean Water Act
•A list of construction site best management practices (BMPs)
•Self-inspection of structural control measures (SCMs) per the Central
Coast Post-Construction Requirements (PCRs) due by June 15 each year
5
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Updates to Title 13 – Public Services (Water)
Chapter 13.04 – Water Service
•Water Theft and Unapproved Operation of City Infrastructure
•Cross Connection Control Requirements
•Installation/Modification of Privately Owned Wells
Chapter 13.06 – Mandatory Indoor Plumbing Retrofit Standards
•Redefining “low water-use plumbing fixtures”
Chapter 13.07 – Water Conservation
•Defining and restricting the irrigation of non-functional turf
Chapter 13.24 – Recycled Water Service
•Adding clarity to recycled water use restrictions
6
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Updates to Title 13 – Public Services (Water)
Chapter 13.04 – Water Service (packet page 484-498)
•Water Theft & Unapproved Operation of City Infrastructure
•$1,000 fine for tampering with water related infrastructure
with the intent of not paying for water.
•Cross Connection Control Requirements
•Reserves the right for the City to require the installation of
backflow devices on properties adjacent to recycled water.
•Reaffirms requirements for backflow device maintenance
and affirms the City’s right to disconnect sites that are not
compliant with maintenance requirements.
•Installation/Modification of Groundwater Wells
•Requires approval from the City prior to the installation or
alteration of a groundwater well in order to ensure SGMA
compliance.
7
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Updates to Title 13 – Public Services (Water)
Chapter 13.06 – Mandatory Indoor Plumbing
Retrofit Standards (packet page 498-502)
•Linking water using fixture restrictions to the
California State Green Building Code.
•$100 Rebates available for toilets and urinals
Device Type Current Requirement New Requirement
Urinal 1.0 GPF 0.125 GPF
Toilet 1.6 GPF 1.28 GPF
Showerhead 2.5 GPM 1.8 GPM
Bathroom
Faucets
2.2 GPM 0.5 –1.2 GPM
Kitchen
Faucets
2.2 GPM 1.8 -2.2 GPM
8
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Updates to Title 13 – Public Services (Water)
Chapter 13.07 – Water Conservation (packet page 502-508)
•Defining and restricting the irrigation of non-functional turf.
“Functional turf” means a ground cover surface of turf located in a
recreational use area or community space. Turf enclosed by fencing or
other barriers to permanently preclude human access for recreation or
assembly is not functional turf.
“Non-functional turf” means any turf that is not functional turf, and
includes turf located within street rights-of-way and parking lots. Non-
functional turf is solely ornamental and not regularly used for human
recreational purposes or for civic or community events.
•“Public water systems shall, by no later than January 1, 2027, revise their
regulations, ordinances, or policies governing water service to include the
requirements of this bill”.
9
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Updates to Title 13 – Public Services (Water)
Chapter 13.07 – Water Conservation (packet page 502-508)
Customer Class Compliance
Deadline
CA Department of General Services January 1, 2027
Local government, regional public
agencies, and public water systems
January 1, 2027
Institutional, Commercial, & Industrial January 1, 2028
Common areas of HOAs, common
interest developments, & community
service organizations
January 1, 2029
Properties owned by local
governments, local public agencies,
and public water systems in a
disadvantaged community
January 1, 2031
10
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Updates to Title 13 – Public Services (Water)
Chapter 13.24 – Recycled Water Service (packet page 566)
•Adding clarity to recycled water use restrictions.
•Identifies that construction sites utilizing recycled water
must meet requirements established by the
Construction Water Permit Program.
•Requires no more than one site supervisor on each site
using recycled water.
•Requires that site owner maintain appropriate materials
including signs, purple pipe, and purple drip tubing.
•Clarifies that the City may discontinue service if non-
compliance occurs.
•Requires that all sites utilizing recycled water sign a
user agreement.
11
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Background of Program
•Riverwatch lawsuit settlement
•City was targeted due to spills
•Spills result from limited sewer capacity
•Prior Council direction:
•Offset requirements for new development
rather than condition replacements for
inspection upon sale findings
Capacity-constrained Sewer Basins
Updates to Title 13 – Public Services (Sewer)
12
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Updates to Title 13 – Public Services (Sewer)
Chapter 13.08 – Sewers (packet page 508-565)
•Private sewer laterals and discharges to the public sewer system:
•Provisions for mass-based limits
•Notification required for drainage of pools containing 500,000 gallons
or greater
•Clarifying that sewer backflow devices must be California Plumbing
Code compliant and liability of the property owner
•Private Sewer Lateral replacement conditions and clarification
•Private Sewer Lateral offset requirements: additional discretion,
alternative methods, and discretion for ADUs and projects not
generating additional flow.
•On-site credit for Private sewer lateral offset for same parcel
residential intensification projects
•Grease control device updates (next slide)
13
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Updates to Title 13 – Public Services (Sewer)
Chapter 13.08 – Sewers (packet page 526-538)
•Grease Control Devices:
•More thorough inspection and reporting requirements
•More comprehensive best management practices (BMPs) are
required to prevent Fats Oils and Grease (FOG) from entering the
sewer system during dishwashing
•Required staff training of BMPs
•Updated sizing methodology for grease interceptors and
prohibited devices
•Conditions for existing grease interceptors to be retrofitted
•Minimum cleaning frequencies
14
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Updates to Title 13 – Public Services (Sewer)
Chapter 13.08 – Sewers
•The new formula to calculate capacity is specific to the business
15
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Updates to Title 15 – Buildings and Construction
(Plumbing Code)
Chapter 15.02 – Building Codes Adopted
•A minor addition to the code section that describes plumbing
standards,15.02.050, making reference to the new language in section
13.08.090 that includes updated sizing calculations for grease control
devices.
16
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Outreach Conducted
Construction Board of Appeals
Realtors Association
Developers Roundtable
Restaurant Forum
Developer One-on-one’s
Realtor One-on-one’s
Inspection Education
Farmer’s Market
17
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Administrative Changes
Staff have identified minor administrative changes that
would be incorporated into the second reading of the ordinance on
May 7, 2024.
18
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Questions?
19
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Recommendation:
Introduce a Draft Ordinance entitled, “An
Ordinance of the City Council of San Luis Obispo,
California, amending Title 8 (Solid Waste), Title 12
(Stormwater), Title 13 (Water and Sewer) and Title
15 (Plumbing Code) of the City of San Luis Obispo
Municipal Code”
20
Introduce Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water-Sewer), and Title 15 (Plumbing Code)
April 2, 2024
Private Sewer Lateral Portal:
https://www.slocity.org/laterals