HomeMy WebLinkAboutO-1734 amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water and Sewer), and Title 15 (Plumbing Code)O 1734
ORDINANCE NO. 1734 (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
WHEREAS, the California Green Building Code defines low water use fixtures in
alignment with California State law; and
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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 from private property.
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.
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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 city council will adopt a resolution in accordance with applicable law
directing the San Luis Obispo County Auditor to place the amounts due on
delinquent accounts as liens against the properties. The franchisee shall bear the
full cost of any delinquent fees to lien affected properties. (Ord. 1706 § 9, 2021;
Ord. 1176 § 3, 1990: prior code § 5200.6)
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 City Engineer 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
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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 from private property.
A. Notice to Remove. Those persons so authorized and empowered by Section
8.04.220 to enforce the provisions of this Chapter may notify the owner, his or her
agent, the customer, or person in control of any private premises within the city, 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 notice, city staff may 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. The notice shall state that any
required locking mechanism will be installed by the franchisee and that the
customer shall reimburse the franchisee for 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
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 premises
described as follows: ____________________________________________
commonly known as ____________________________________________
is hereby ordered to properly dispose of the waste matter located on the
premises within five days from the date of this notice. If the disposal of the
waste matter herein indicated is not completed within five days, staff 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. The cost incurred 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 of the City of San Luis Obispo. Any locking mechanisms required by
the city as a preventative measure shall be installed by [FRANCHISEE] and
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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)
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] of the City of San Luis Obispo
C. Action Upon Noncompliance. Upon the failure of the owner, the customer, 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, agent,
or person in control of the premises, the City Engineer 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, the City Engineer shall consider any information and/or evidence
obtained from the City Engineer’s (or 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. Before the City
Engineer, or an authorized representative described above, arrives to implement
a preventative measure, any property owner may do 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.
D. Statement of Costs. When the city or franchisee has removed, paid for removal of
prohibited waste matter, installed, or paid for the installation of any preventative
measures, the actual cost thereof, plus accrued interest at the rate of six percent
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per year from the date of the completion of the work, shall be charged to the owner
of the premises 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.
E. Recorded Statement Constitutes a Lien. Where the full amount due the city is not
paid by such owner within thirty days after date of the billing, the City Engineer, or
their authorized representative, shall cause to be 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 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 premises, 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 remedy provided in this section
is cumulative to other remedies available to the city and shall not constitute an
election of remedies by the city. (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 FOODWARE ACCESSORIES AND STANDARD
CONDIMENTS
Sections:
8.09.020 Single-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.
“Self-service dispenser” means a container or equipment that is used to hold disposable
foodware accessories for consumers to obtain at their discretion.
“Single-use” means a product that is designed to be only used one time in its same form
by the consumer, 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;
chopsticks; standard condiment cups and packets; straws; stirrers; splash sticks; and
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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.
“Take-out food orders” means prepared meals or other food or beverage items that a
consumer purchases at a Vendor, but not through a third-party food delivery platform,
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.
“Vendor” means any business providing food or beverages within the City 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 Single-use foodware accessories and standard condiments.
A. Vendors, for on-premises dining or when using a third-party food delivery platform,
shall only 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
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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.
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
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.
D. Public and private school cafeterias, as referenced in paragraph (1) of subdivision
(b) of Section 113789 of the Health and Safety Code.
8.09.040 Implementation and enforcement.
A. 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
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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
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 STORMWATER 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
stormwater discharge permit.
12.08.150 Requirement to prevent, control, and reduce stormwater and
pollutants.
12.08.210 Reporting and remediating discharges.
12.08.240 Abatement; city’s remedies.
12.08.250 Urgency abatement.
12.08.260 Nuisance abatement lien.
12.08.270 Violations - penalties.
12.08.280 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 “stormwater 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
stormwater discharges to the maximum extent practicable, by prohibiting non-stormwater
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discharges to the storm drain system, and improving stormwater management. (Ord.
1543 § 2 (part), 2010)
12.08.030 Definitions.
The terms used in this chapter shall have the following meanings:
A. “Authorized representative” means that person designated in writing to the director
by the property owner to act on behalf of the property owner.
B. “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 system and waters of the United States. BMPs include but are not limited to
treatment facilities to remove pollutants from stormwater; operating and
maintenance procedures; facility management practices to control runoff, spillage
or leaks of non-stormwater, 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.
C. “City” shall mean the City of San Luis Obispo.
D. “Clean Water Act” means the federal Water Pollution Control Act, 33 USC 1251 et
seq., and any subsequent amendments thereto.
E. “Construction activity” means any of the following activities: including but not
limited to clearing and grubbing, grading, excavating, demolition and construction.
F. “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.
G. “Groundwater” means any naturally occurring subsurface water, including springs.
H. “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.
I. “Illegal discharge” means any direct or indirect non-stormwater discharge to the
storm drain system, except as exempted by this chapter.
J. “Illicit connection” means any of the following:
1. Any conveyance system, whether on the surface or subsurface, which allows
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an illegal discharge to enter the storm drain system including, but not limited
to, sewage, process wastewater, wash water, pool or spa water.
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 stormwater 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 stormwater discharge permits which regulate facilities
defined in federal NPDES regulations pursuant to the Clean Water Act.
O. “Non-stormwater discharge” means any discharge to the storm drain system that
is not composed entirely of stormwater.
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.
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
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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.
U. “Storm drain system” means any public or private facilities by which stormwater 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.
V. “Stormwater” means any surface flow, runoff, and drainage consisting entirely of
water from any form of natural precipitation, and resulting from such precipitation.
W. “Stormwater 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.
Y. “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
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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
stormwater 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 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
stormwater, including water waste runoff as defined in Section 13.07.020.B.
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 stormwater. (Ord. 1543 § 2 (part), 2010)
12.08.100 Exceptions to illegal discharge.
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.
A. Water line flushing;Individual residential car washing;
B. Diverted stream flows;
C. Rising ground waters;
D. Uncontaminated ground water infiltration to separate storm sewers;
E. Uncontaminated pumped ground water;
F. Discharges from potable water sources;
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G. Foundation drains;
H. Air conditioning condensation;
I. Springs;
J. Water from crawl space pumps;
K. Footing drains;
L. Flows from riparian habitats and wetlands;
M. Dechlorinated swimming pool discharges;
N. Incidental runoff from landscaped areas;
O. Non-stormwater 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 Utilities Director for any discharge to the storm drain system;
P. Runoff in excess of incidental runoff from landscaped areas shall be control as
outlined in Chapter 13.07;
Q. 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
R. With written concurrence of the Central Coast Regional Water Quality Control
Board, the city may exempt in writing other non-stormwater discharges, which are
not a source of pollutants to the storm drain system nor waters of the United States.
If the 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)
12.08.110 Prohibition of illicit connections.
The construction, use, maintenance or continued existence of illicit connections to the
storm drain system 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
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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 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.
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)
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12.08.140 Compliance with industrial or construction activity NPDES
stormwater discharge permit.
Any person subject to an industrial or construction activity NPDES stormwater 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 stormwater 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 municipal activities. In addition to the requirements of these general
permits, the city is 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 stormwater, 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 stormwater pollution or contamination,
illicit discharges, and/or discharge of non-stormwater 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.
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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 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.
E. SWPPP Submittal and Maintenance. Prior to the city’s issuing any permit for
projects 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 comply with the requirements of the CGP. The director will review the SWPPP
for 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 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
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in this chapter.
G. 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 stormwater 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.
H. Responsibility to Identify and Post. Property 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 multi-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
NO DESCARGUE BASURA – DESAGUE AL
ARROYO
SLOMC SEC 12.08.090
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 Stormwater Devices. BMPs installed during construction or as
measures for postconstruction stormwater 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 Stormwater Devices. Property owners of development or
redevelopment projects which require installation of postconstruction stormwater
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 stormwater devices on their property shall
submit to the Utilities 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 stormwater 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 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 Utilities 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 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)
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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 Utilities 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 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.
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 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 Utilities Director determines that a discharge of pollutants is occurring, or
has occurred, and the discharge has caused, or will cause, pollution of stormwater 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 72
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
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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 Utilities Director may require any person engaged in any activity, and/or owning or
operating any facility, which may cause or contribute to stormwater pollution, illegal
discharges, and/or non-stormwater 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.
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.
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 Utilities Director in person
or by phone at 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
stormwater or the storm drain system from the property, facility or operation, the
person shall take all necessary steps to ensure the containment, and remediation
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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 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 Utilities 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 stormwater 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)
12.08.230 Notice of violation.
A. Violation Conditions. Whenever the Utilities 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 stormwater pollution or contamination hazards, and
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restoring the affected property;
5. Implementing source control or treatment BMPs; and
6. Paying 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 Abatement; 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
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 administrative citation was filed and ten days have passed from the date of
the decision upholding the decision of the Utilities 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)
12.08.250 Urgency abatement.
A. Immediate Abatement. The Utilities 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
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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)
12.08.260 Nuisance abatement lien.
A. Notice of Cost. If the city has incurred costs to abate a violation, the Utilities
Director shall notify the property owner within thirty days of the cost, including
administrative costs.
B. Objections. 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)
12.08.270 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 may also be subject to 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.
C. Compensatory Action. In lieu of enforcement proceedings, penalties, and
remedies authorized by this chapter, the Utilities 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.
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1543 § 2 (part), 2010)
12.08.280 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.
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.
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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 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 Utilities Director and to pay a new
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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 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 Utilities Director.
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.
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
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any parcels where the demand may be detrimental or injurious to the service
furnished to other customers.
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 in advance of the desired date of discontinuance. The 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.
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
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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.
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
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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.
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
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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.
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
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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.
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)
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)
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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. 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 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 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 install 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,
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shall open any fire hydrant, attempt to draw water from it, or in any manner damage
or tamper with it. 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 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.
C. 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
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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.
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)
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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.
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 Enforcement.
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,
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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” 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)
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)
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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)
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.
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(Ord. 1224 § 1, 1992)
13.06.090 Enforcement.
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. 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)
13.06.110 Remedies cumulative.
The decision of the city to pursue a civil, 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 Enforcement.
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 72-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 a newspaper of general circulation distributed in the
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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
Two-Day a Week Schedule
Even numbered
addresses:
Tuesdays and
Fridays
Odd numbered
addresses:
Mondays and
Thursdays
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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;
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
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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 Enforcement.
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 discontinuance of water service as provided in Sections
13.04.060 (Discontinuance of service) and 13.04.050 (Initiation of Water Service) . (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
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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.
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.
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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.
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 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.
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2. BMP—Best management practice.
3. BMR—Baseline monitoring report.
4. CFR—Code of Federal Regulations.
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
11. EPA—U.S. Environmental Protection Agency.
12. GCD—Grease Control Device
13. GCI—Gravity Grease Interceptor
14. gpd—gallons per day.
15. GRD—Grease Removal Device
16. HGI—Hydromechanical Grease Interceptor
17. IU—Industrial user.
18. mg/L—milligrams per liter.
19. NPDES—National Pollutant Discharge Elimination System.
20. POTW—Publicly owned treatment works.
21. RCRA—Resource Conservation and Recovery Act.
22. SIU—Significant industrial user.
23. SNC—Significant noncompliance.
24. SSO – Sanitary Sewer Overflow
25. TSS—Total suspended solids.
26. 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.
C. “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.
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.
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.
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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.
I. “Categorical industrial user” means an industrial user subject to a categorical
pretreatment standard or categorical standard.
J. “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.
K. “City” means the City of San Luis Obispo.
L. “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.
M. “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.
N. “Control authority” means the City of San Luis Obispo.
O. “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.
P. “Daily maximum” means the arithmetic average of all effluent samples for a
pollutant collected during a calendar day.
Q. “Daily maximum limit” means the maximum allowable discharge limit of a pollutant
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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.
S. “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.
T. “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.
U. “Environmental Protection Agency” or “EPA” means the U.S. Environmental
Protection Agency or, where appropriate, the regional water management division
director, the regional administrator, or other duly authorized official of said agency.
V. “Existing 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 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.
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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.CC. “Grease” means all fat, grease, oil,
wax or other trichlorotrifluoroethane-soluble matter of animal, vegetable,
petroleum or mineral origin.
CC. “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 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.GG.
GG. “Indirect discharge” or “discharge” means the introduction of pollutants into the
POTW from any non-permitted source.
HH. “Industrial user” or “user” means a source of indirect discharge.
II. “Industrial user’s survey” means a questionnaire (and related process) used by the
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city to identify and categorize industrial users and the characteristics of their
wastewater discharge.
JJ. “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.
KK. “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 (excluding garages, gazebos and sheds without
plumbing fixtures); or development would increase the plumbing fixture count by
ten percent or more.
MM. “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.
OO. “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.
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PP. “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.
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.
SS. “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.
TT. “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.
VV. “New source” means:
1. Any building, structure, facility or installation from which there is or may be a
discharge of pollutants, the construction of which commenced after the
publication of proposed pretreatment standards under Section 307(c) of the
Clean Water Act, which will be applicable to such source if such standards are
thereafter promulgated in accordance with that section; provided, that:
a. The building, structure, facility or installation is constructed at a site at which
no other source is located; or
b. The building, structure, facility or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing
source; or
c. The production 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
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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
(TT)(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.
WW. Noncontact Cooling Water. Water used for cooling that does not come into direct
contact with any raw material, immediate product, or finished product.
XX. “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.
YY. “Person” means any individual, firm, company, association, society, corporation,
group, governmental agency or educational institution.
ZZ. “pH” means a measure of the acidity or alkalinity of a solution, expressed in
standard units.
AAA. “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).
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BBB. “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.
CCC. “Pretreatment requirements” means any substantive or procedural requirement
related to pretreatment imposed on a user, other than a pretreatment standard.
DDD. “Prohibited discharge standards” or “prohibited discharges” means absolute
prohibitions against the discharge of certain substances; these prohibitions appear
in Section 13.08.040.
EEE. “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.
GGG. “Septic tank waste” means any sewage from holding tanks such as vessels,
chemical toilets, campers, trailers, or septic tanks.
HHH. “Sewage” means human excrement and gray water (household showers,
dishwashing operations, etc.).
III. “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.
JJJ. “Significant noncompliance” means any one of the following:
1. Chronic violations of wastewater discharge limits, as defined here as those in
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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);
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.
KKK. “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.
LLL. “Stormdrain” means a sewer which is designed to carry storm and surface waters
and drainage rather than sewage or industrial wastes.
MMM. “Stormwater” or “storm water” means any flow occurring during or following any
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form of natural precipitation, and resulting from such precipitation, including
snowmelt.
NNN. “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.
OOO. “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.
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.
QQQ. “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.
RRR. “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
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
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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 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.
14. Any medical wastes, except as specifically authorized by the director in an
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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
Chloride 1523
Sodium 1200
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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)
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
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;
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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
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)
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 users 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 policy
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
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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.
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.
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
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
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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 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;
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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:
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.
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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;
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-
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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 in step two, a GCD with a higher flow rate may be required than
is determined in step one.
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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.
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.
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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 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.
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.
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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 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.
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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:
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.
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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
D. of a change of ownership, operation or other use as required by subsection
13.08.091(J);
E. Failure to provide sampling access or entry to the facility for compliance
inspections;
F. Use of emulsifiers, additives, enzymes and biological agents designed to
breakdown/digest FOG for discharge to the sewer system;
G. Failure to submit maintenance-reporting documents as required by Section
13.08.094;
H. Failure to connect all FOG-producing fixtures to the required interceptor or FOG-
removal equipment per city standards;
I. Failure to clean a grease interceptor at the frequency required under Section
13.08.093; or
J. 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
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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 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 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)
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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.
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;
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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;
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;
b. To address significant alterations or additions to the IU’s operation,
processes, or wastewater volume or character since the time of the
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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 violation of
any of the conditions of this chapter, or applicable state and federal regulations, or
any of the following conduct:
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;
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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 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 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
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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 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)
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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:
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
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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 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
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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 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 of 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)
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
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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.
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, provided the improvements are designed
to current city standards and policy and are approved by the director of public
works and director of utilities.
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
reimbursement 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 a 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
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backwater valve. If the property owner fails to install and maintain a backwater
valve 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 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 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 subsection 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
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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.”
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
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
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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. Whenever the city has issued a notice of violation following a sanitary sewer
overflow event from a common interest development’s private sewer lateral.
b. 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.
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
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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.
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:______________________________________________________________
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EXHIBIT A: PRIVATE SEWER LATERAL INSPECTION REPORT
Phone Number/Email
Address:_____________________________________________________________
Lateral Length (in
feet):_________________________
Lateral
Material:_____________________
Installation date (if
known):______________________
Lateral
Age:________________________
Describe deficiencies (if
any):_________________________________________________________________
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, the city shall review the
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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.
H. Punishment for Violation of this Chapter. 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.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.
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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 one single-family residence (one hundred fifty gallons 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: ____________________________
RESIDENTIAL FLOW TOTAL (gallons
per day):
____________________________
Non-Residential
Development:
Commercial Square
Footage:
____________________________
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EXHIBIT B: Wastewater Flow Offset Calculation Worksheet
Industrial Square
Footage:
____________________________
Manufacturing Square
Footage:
____________________________
Business Park Square
Footage:
____________________________
Hotel/Motel Rooms: ____________________________
Non-Residential
Wastewater Flow:
Commercial: ____________________________
Industrial: ____________________________
Manufacturing: ____________________________
Business Park: ____________________________
Hotel/Motel: ____________________________
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.
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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.
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 as 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).
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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.
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 at the
premises advising employees whom to 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.
B. Any user, permit applicant, or permit holder affected by any decision, action or
determination, made by the director in issuing an administrative citation, 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.
C. 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.
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 subsection 13.08.040(A) or the specific
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prohibitions in subsections 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:
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.
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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
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)
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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.
INTRODUCED on the 2nd day of April, 2024, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 7th day of May, 2024, on the following vote:
AYES: Council Member Francis, Marx, Shoresman, Vice Mayor Pease, and
Mayor Stewart
NOES: None
ABSENT: None
___________________________
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
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