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HomeMy WebLinkAbout0634ORDINANCE NO. 634 (]975 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO NENDING ARTICLE VII, CHAPTER 5, OF THE MUNICIPAL CODE ENTITLED, "SEWERS ", BY REPEALING ALL SECTIONS PREVIOUSLY CON- TAINED THEI;EIN AND ADDING NEW MUNICIPAL CODE SECTIONS 7500 THROUGH 7507 TO PRDVIDE A COMPREHENSIVE ORDINANCE FOR THE REGULATION OF TIE CITY'S SE1n7ER SYSTEM.. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Municipal Code Sections 7500 through 7508, inclusive, and all subsections thereof are hereby repealed in full and new Municipal Code Sections 7500 through 7507 are hereby adopted as follows: (See attached Municipal Code Sections 7500 through. 7507.) SECTION 2. The City Clerk is directed to send a copy of this Ordinance to the Regional Water Quality Control Board and the Health Deparb Tent. SECTION 3. This Ordinance, together with the ayes and noes, shall be published once in full, at least three days prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in said City, and the sam shall go into effect at the expiration of thirty (30) days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at an adjourned meeting thereof held on the a_2th day of May, 1975, on motion of Councilman Petterson, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilman Graham, Petterson, and Mayor Schwartz NOES: Councilman Norris ABSENT: Councilman Gurnee ATTEST: CHAPTER 5 - SEWERS Section 7500. Sewer Connection. Permit for Annexed Territory. Section 7500.1 Sarre. Computation of Cost. Section 7500.2 Sarre. Existing.Bonds Excepted: Section 7500.3 Sam. Main Extensions to new Customers Other than Subdivisions. Section 7500.4 Sarre. Calculation of Sewer Main Exten_rion Charges. Section 7500.5 Sarre. Refunds. Section 7500.6 Sane. main Extensions to Subdivisions. Section 7500.7 Fefunds to Subdividers. Section 7500.8 Sarre. Use of Existing Sewer. Section 7500.9 Design. Section 7501. Standards and Regulations for Quality of Sewer Discharge. A. Storm Water. B. Discharge Quality. C. Effluent Limitations. D. Grease, Oil and Sand Interceptors. E. Preliminary Treatment. F. Control manhole. G. Measurements and Tests. H. Special agreement. I. Drainage below Curb and Also below Main Sewer Level. J. Powers and Authority. of Inspectors. Section 7502. Wastewater Charges and Fees. A. User classification. B. Charges for wastewater constituent. Section 7503. Application of Revenue. Section 7505.2 Issuance of Cease and Eesist Orders. Section Section 7504. Rules and Regulations Governing 7505.4 Appeals. the Disposal of Septic Tank 7506. Fbatement and Penalties. Cleanings. Section 7504.1 Unlawful to Dmp on Land. Section 7504.2 Unlawful to Dump into City Collection 7506.3 Damage to Facilities. System except as Provided Herein. Section 7504.3 Dumping Regulations. Section 7504.4 Dumping Permit and Fees. Section 7505. Enforcement. Section 7505.1 Accidental Discharges. 7507. Severability. A. Notification of Discharge. B. Notices to Employees. C. Preventive Measures. Section 7505.2 Issuance of Cease and Eesist Orders. Section 7505.3 Submission of Tirre Schedule. Section 7505.4 Appeals. Section 7506. Fbatement and Penalties. Section 7506.1 Public Nuisance. Section 7506.2 Injunction. Section 7506.3 Damage to Facilities. Section 7506.4 Civil Penalties. Section 7506.5 Criminal Penalties. Section 7506.6 Falsifying of Information. Section 7506.7 Termination of Service. Section 7507. Severability. Chapter 5 - SL7^]ERS SECTION 7500. Sewer Connection. Permit for Annexed Territory. Before a permit shall be issued for a sewer connection in any area now outside the City limits vtiich shall hereafter be annexed to the City, the owner or applicant shall ,)ay to the City for such privilege a sum of money to be computed by the City Engineer as the property's share of the cost of the existing sewerage facilities of the City to be used by the property. SEC'T'ION 7500.1. Same. Ccmputation of Cost. The sum shall be the equivalent of the cost to similar properties then within the City which have paid for the facilities so to be used. SFCTInN 7500.2. Same. Existinq Bonds Excepted. The sum shall not include anv amounts for which bonds of the City are then out- standing and to which the property shall become subject upon annexation. SECTION 7500.3. Same. Main Extensions to new Customers Other Than Subdivisions. a. Mains will be extended to serve new customers under the following terms and conditions. No main extension will be made by the City except on an approved dedicated street, alley or recorded easement. b. Prior to construction of the main, every applicant for sewer_ service shall enter into a written form agreement for such extension and shall deposit with the Fngineerinq Division an amount equal to 10 percent of the estimated cost of the extension, including engineering and administration. The estimated cost shall be based on the actual size of facilities required to meet the service demands from that extension, except that 8 -inch pipe shall be the minimum size considered for general use. Should the sewer department desire to-install facilities greater than are needed to meet said service demands, the cost of the excess size of facilittes shall be home by the City. The Engineering Division shall then proceed with plans and specifications and shall solicit and open bids for the proposed work. On the r ' basis of the approved bid, plus engineering and administration costs, the Engineering Division shall inform the applicant as to the cost of the proposed extension. Upon receipt by the City of an amount which, with the original deposit, is equal to the cost of the work, the Citv shall proceed with the construction of the extension. c. In the event that the applicant or applicants fail to deposit the required funds within 60 days after determination of the.cost, the extension will not be made and no refund of the 10 percent deposit will be made, except that where actual costs are less than the amount of such deposit, the City may refund the unused amount. SECTION 7500.4. Same. Calculation of Sewer Main Extension Charges. a. Immediately upon completion of the sewer_ extension, the City Engineer shall prorate the entire cost thereof against all lots or property that may ultimately be benefited by direct connection to said sewer extension in proportion to the frontage thereof, or if the lots be irregular in shape, then in such manner as may, in the opinion of the City Engineer, provide an equitable distribution of costs. In no case shall any applicant pay an amount less than the prorated cost of the extension for the length of his frontage as determined above. The sewer main extension charges shall be in addition to the specified service connection charges. SECTION 7500.5. Same. Refunds. a. The original applicant shall, up to fifteen (15) years from the date of sign- ing .any form agreement,.be entitled to a refund for each connection made to the extension, based on the prorated cost as determined above for each lot or parcel. The City may make extensions to the facilities constructed under this regulation without obligation to applicant and refunds will not be made for services connected to said additional extensions. b. No interest shall be paid on or accrue on such deposits for sewer main extensions. Refunds of the deposit shall be made only IF, AS and WEEN sewer main -2- extension charges are collected from other consumers requiring service from this sewer main extension and shall be subject to setoffs for any amounts then due City by the applicants. SECTION 7500.6. Same. Main Extensions to Subdivisions. a. There sewer main extensions are required for subdivisions, it will be the responsibility of the owner or subdivider to pay the cost for complete installation of all sewer facilities required within the subdivision and for extension to sewer trap fissions mains from the subdivision to the nearest existing main of adequate capacity for the area to be served. Such transmission main shall be subject to all the recruirements as set forth in Article IX, Chapter. 1, Section 9100, et seq, and to anv and all modifications and supplements to said Article. Upon official acceptance by the City, the.City shall assume full ownership, maintenance and con- trol of such mains. SFlcrm,T 7500.7. Refunds to Subdividers. a. Upon completion of any sewer transmission main to a subdivision as outlined above, the subdivider may submit to the City Engineer a certified statement showing the actual cost of such extension. If said extension is larger than 8 inches in diameter, the City Engineer shall adjust the actual cost to the equivalent of an 8 -inch diameter_ main. He shall then prorate the cost for an 8 -inch main against all lots or nar_cels which in the future may be served by direct connection to said main. my and all connections to said main shall he subject to the charges specified in 7500.4. The City may make extensions to facilities constructed under this regulation without obligation, and refunds will not be made for services connected to said additional extension. h. The subdivider or owner o f any subdivision shall, for a period of fifteen (15) years, from the date of official acceptance of the subdivision, be eligible for a refund on each connection made to the main extension, as proved herein. -3- c. No interest shy-, be.paid on or accrue on any furi-is subject to such refund. Refunds shall be made only if, as, and when sewer connection charges are collected by the City and shall be subject to setoffs for any amounts then owed to City by the subdivider or owner. SECTION 7500.8. Same. Use of Existing Sewer. Before a permit shall be issued for a sewer connection in any areas within the City, which property shall use any then existing sewerage facilities of the City for which such property shall not have made full payment of its share of the cost thereof, the owner or applicant shall pay to the City a sum of money for such privilege to be computed by the City Engineer in the same manner above provided in this chapter. SECTION 7500.9. Design. All sewers whether built on public streets or in public easements shall be designed by a registered engineer and shall conform to the Uniform Design Standards adopted by the City. SECTION 7501: Standards and Regulations for Quality of Sewer Discharge.. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, swimming pool water, swimming pool backwash water, or unpolluted industrial process waters to any sanitary sewer. A. Storm water and all unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Director of Public Services. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the Director of Public Services; to a storm sewer or natural outlet. Appropriate permits from all affected public agencies may be required by the City and shall be obtained by the applicant. B. Discharge quality. Except as hereinafter provided, no person shall dis- charge or cause to be discharged any of the following described waters or wastes to any public sewers. -4- 1. Any liquid or vapor having a temperature higher than 150° F. 2. Any water or waste containing grease, as follows: a. Floatable grease in excess of 25 parts per million. Grease is an oil, fat, grease, or other ether - soluble matter. Floatable grease is grease which rises to the surface of quiescent sewage or waste or upon dilution of the sewage or waste with fresh or salt water. b. Dispersed grease, other than soap, in excess of 500 parts per million. Dispersed grease is grease which is not floatable. 3. Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid or gas. 4. Any garbage that has not been properly shredded. 5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, woods, paunch manure, or any other solid or fiscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works. 6. Any water or'wastes having a pH lower than 6.0 or higher than 9.0, or having any other corrosive property capable of.causing damage or hazard to struc- tures, equipment, and personnel of the sewage works. 7. Any waters or wastes containing a toxic or poisonous substance in suf= ficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant. 8. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant 9. Any noxious or malodorous gas or substance capable of creating a public nuisance. 10. Any wastewater containing in excess of: -5- 0.1 mg /1 arsenic 1.0 mg /l boron 0.2 mg /l cadmium 100.0 mg /1 chloride 2.0 mg /l copper 0.5 mg/l cyanide 0.5 mg /l lead 0.01 mg /l mercury ..1.0 mg /l nickel 0.2 mg /l silver 100.0 mg /1 sodium 130.0 mg /l sulfate 0.5 mg /l total chromium 750.0 mg /1 total dissolved solids 15.0 mg /1 total nitrogen (as N) 3.0 mg /l zinc Each of the above measurements shall be based on a twenty -four hour composite sample. NOTE:, The above limitations for chloride, sodium, total • dissolved solids and total nitrogen are based upon the City's current NPDES permit requirements. Enforcement of these limitations will be at the discretion of the Director of Public Services, pending determination by the Water Quality Control Board. that. such limits are reason- able, as provided for under Section D.3 of the aforementioned NPDES permit. Pending a final determination by the Water Quality Control Board as to the proper limitations for said four items, the limitations stated above for said items shall be enforced by the City only upon specific direction from the Water Quality Control Board to do so, and only after the Council holds a public hearing to review the provisions of this section (7501 Bf10�). -6- 11. Any wastewater containing in excess of 0.02 mg /l total identifiable chlor- inated hydrocarbons or 1.0 mg /l phenolic compounds which can not be removed by the City's wastewater treatment process. 12. The admission into the public sewers of any waters or wastes having (a) a 5 -day Biochemical Oxygen Demand greater than 300 parts per million by weight, or (b) containing more than 350 parts per million by weight of suspended solids, or (c) containing any quantity of substances having the characteristics described in "B" of this Section, or (d) having an average daily flow greater than 2 percent of the average daily sewage flow of the City of San Luis Obispo, shall be subject to the review.and approval of the Director of Public Services. Where necessary in the opinion of the Director of Public Services, the owner shall provide, at his expense, such preliminary treatment as may be necessary to (a) reduce the Biochemical Oxygen Demand to 300 parts per million and the suspended solids to 350 parts per million by weight, or (b) reduce objectionable characteristics or constituents to within the maximum limits provided for in "B" of this Section, or (c) control the quantities and rates of discharge of such craters or wastes. Any facilities required to pre- treat to a level acceptable to the City shall be provided and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as -7- necessary to provide the protection necessary to meet the requirements of this Code. C. Effluent limitations promulgated by the Federal Tr7ater Pollution Control Act, PL 92 -500, shall apply in any instance where they are more stringent than those in this Section. Under Section 307(b) of the Act, Federal pretreatment standards are designed to achieve two purposes: (1) to protect the operation _of publicly owned treatment works, and (2) to prevent the discharge of pollutants. which pass through such works inadequately treated. Users in industrial categories subject to effluent guidelines issued under Section 304(b) of the Act, which are discharging incompatible pollutants to public owned treatment works, are required to adopt best practicable control technology currently available, as defined by the Administrator pursuant to Section 304(b) of the Act. For scme industrial categories it may be necessary to define pretreatment guidelines for problems that may arise as a result of the discharge into publicly owned treatment ��orks. How- ever, any adjustments required for particular industrial categories should be con- sidered in connection with the City's requirements rather than in the national pretreatment standard. Limitations on wastewater strength in this Chapter may be supplemented with more stringent limitations if: 1. The City determines that the limitations in Section.7501 -B may not be sufficient to protect the operation of the City's treatment works, or 2. The City determines that the limitations in Section 7501 -B 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 National Pollutant Discharge Elimi- nation System (NPDES) permit. D. Grease, oil and 'sand interceptors shall be provided when., in the opinion of the Director of Public Services, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, and other harmful ingredients; except that such interceptors shall not be required M M hhh- for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Director of Public Services, and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of sub- stantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gas -tight and watertight. where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. E. where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective opera- tion, by the owner at his expense. F. When required by the Director of Public Services, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurements of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Director of Public Services. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. G.. All measurements and tests and analyses of the characteristics of waters and wastes to which reference is made in "B" and "C" shall be determined in accordance with "Standard Methods for the Examination of water and Sewage," and shall be determined at the control manhole provided for in "F ", or upon suitable samples taken at said control manhole. In the event that no special manhole has been re- quired, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. The cost of any program of regular testing required by the Director of Public Services shall be billed directly to the industry or business involved. H. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City of San Luis Obispo and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefor by the industrial concern of all City costs connected with such extra treatment. I. Drainage below curb and also below main sewer level: I. 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 back flow of sewage by installing an approved type backwater valve, 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 may be required to install a backwater valve. 2. Director of Public Services empowered to stop overflow. If the property owner fails to install and maintain a backwater. trap or backwater valve in good working condition, when required under this Section, the Director of Public Services may order and require said 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 (10) days after written notice by the Director of Public Services, then the Director of Public Services shall arrange for such disconnection and capping; the cost of which shall be 'a debt of the property owner and which may be collected by court action or may be declared to be a lien by action of the City Council after public hearing and notice to the property owner and shall be added to and collected as part of the tax roll. 3. Alternate right to terminate water service. As an alternate to the procedure set forth above, if the property owner fails to install and maintain a backwater -i n- trap or backwater valve --i good working condition when re,xaested under this part, the Director of Public Services may order and require termination of water service to the parcel and all structures connected to the sewer outlet subject to overflow. Said water service shall not be reinstated until the maintenance or installation of the backwater trap or backwater valve has been approved by the Director of Public Services. 4. Maintenance of House Connection Sewers. All house connection sewers, industrial sewers, private sewage disposal systems and appurtenances thereto, now existing or hereafter constructed, shall be maintained by the owner of the property in a safe and sanitary condition and all devices or safeguards which are required by the section for the operation thereof, shall be maintained in a good working order. J. Powers and authority of Inspectors. 1. Inspection of Premises. The Director of Public Services, the Health Officer, and other duly authorized employees of the City and the Health Department bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurerrent, sampling, and testing in accordance with the provisions of this ordinance. The Director of Public Services, the Health Officer, or their representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the severs or waterways or facilities for waste treatment. 2. Liability for Injury. 'Vhile. performing the necessary work on private properties referred to in "J" above, authorized employees of the City or Health Department shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to such employees, and the City shall indemnify the company against loss or damage to its property by such employees and against liability claims and demands -11- for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in this ordinance. 3. Rights of City Entry. The Director of Public Services, the Health Officer, and other duly authorized employees of the City or Health Departirant bearing proper credentials and indentification 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 sewage �%nrks lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. SECTION 7502. Wastewater Charges and Fees. A schedule of charges and fees shall be adopted by the City which will enable it to comply with the revenue requirements of the State Clean Water Grant Program and charges and fees shall be determined in a manner consistent with regulations of the Grant Program. A. All users shall be classified by assigning each one to a "User Classifica- tion" category according to the principal activity conducted on the user's premises and appropriate non - industrial classifications as determined by the City. The purpose of such classification is to facilitate the regula- tion 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 fees which will insure an equitable recovery of the City's cost. B. 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: 0VA! 1. User Classification charges 2. Fees for monitoring 3. Charges and fees based on wastewater constituents and characteristics to include industrial cost recovery provisions of the Federal Act (i.e., PL 92 -500). 4. In case a residence or place of business becomes vacant, the minimum sewer charge shall be collected until the City is requested to shut off the water. 5. All charges for such sewage service shall be paid at the same time as water charges are paid to the City of San Luis Obispo.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 7410.12 of the San Luis Obispo Municipal Code. When user classification charges are established, they shall be based upon a minimum basic charge for each premise, computed on the basis of wastewater from a domestic premise. The charges for all classifications of users other than the basic domestic premise shall be based upon the relative difference between the average wastewater constituents and characteristics of that classification as related to those of a domestic premise. Such charges and fees shall be based upon the measured or estimated constituents and characteristics of that user which may include, but not be limited to, BOD, COD, SS, oil and grease, chlorine demand and volume. -13- SECTION 7503. Application of Revenue. Revenue derived by the City under the provisions of this ordinance shall be used for the operation, acquisition, construction, reconstruction, and maintenance of the sanitary sewer system and shall be applied to the retirement of any bonded indebtedness which was incurred to improve the sanitary sewer system. SECTION 7504. Rules and Regulations Governing the Disposal of Septic Tank Cleanings. SECTION 7504.1. Unlawful to Dump on Land. It shall be unlawful for any person to dump or discharge raw or chemically treated sewage from any source onto the surface of any lands within the City of San Luis Obispo, except such lands as said City utilizes, in connection with the operation of its Sewage Treatment Plant. SECTION 7504.2. Unlawful to Dump into City Collection System Except as Provided Herein. It shall be unlawful for any person to dump or discharge into the City Sewer Collection System septic tank cleanings or any raw or chemically treated sewage from septic tanks or any industrial or unidentified liquid waste except as provided herein. SECTION 7504.3. Dumping Regulations. Raw or chemically treated sewage from chemical toilets and septic tanks may be discharged or dumped into the City sewer collection system only at the places awned and /or operated by said City and designated by the Director of Public Services. SECTION 750.4.4. Dumping Permit and Fees. Each person dumping or discharging raw or chemically treated sewage or clean- ings from septic tanks into the facilities of the City of San Luis Obispo shall obtain a permit from the City Engineer of said City, and shall pay the appropriate fees established in accordance with the criteria set forth in Section 7502. -14- SECTION.7505. Enforcement SECTION 7505.1. Accidental Discharges. A. Notification of Discharge. Users shall notify the City immediately upon accidentally discharging wastes in violation of this Ordinance to enable counter- measures to be taken by the City to minimize damage to the community sewer, treatment facility, treatment processes and the receiving waters. This notification shall be followed, within 15 days of the date of occur- rence, by a detailed written statement-describing the causes of the accidental discharge and the measures being taken to prevent future occurrence. Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment plant, or treatment process, 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 Ordinance and together with such other wastewater information and notices which may be furnished by the City from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of an accidental discharge in violation of this Ordinance. 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 Ordinance. -15- SECTION 7505.2. Issuance of Cease and Desist Orders. Uhen the City finds that a discharge of wastewater has taken place, in violation of prohibitions or limitations of this Ordinance, or the provisions of a Wastewater Discharge Permit, the City may issue an order to cease and desist and direct that those persons not complying with such prohibitions, limits, requirements, or provisions to: a. Comply forthwith; b. Comply in accordance with a titre schedule set forth by the City; or c. Take appropriate remedial or preventive action in the event of a threatened violation. SECTION 7505.3. Submission of Time Schedule. When the City finds that a discharge of wastewater has been taking place, in violation of prohibitions or limitations prescribed in this Ordinance, or wastewater source control requirements, effluent limitations or pretreatment, standards, or the provisions of a Wastewater Discharge Permit, the City may wire the user to submit for approval, with such modifications as it deems necessary, a detailed titre schedule of specific actions which the user shall take in order to prevent or correct a violation of requirements. SECTION 7505.4. Appeals. Any user, permit applicant, or permit holder affected by any decision, action, or determination, including Cease and Desist Orders, made by the City, interpreting or inplementing the provisions of this Ordinance or in any permit issued herein, may file with the City a written appeal within ten (10) days of such decision, action, or determination, setting forth in detail the facts supporting the appeal. --16- The written appeal shall be heard by the City Council within thirty (30) days from the date of filing. The City Council shall make a final ruling on the appeal within ten (10) days of the close of the meeting. Pending final determination on the appeal by the City Council, the decision appealed from shall remain in full ford and effect. SECTION 7506. Abatement and Penalties. The actions and remedies available to the City in the following subsections may be utilized separately or in combination by the City as it deems appropriate. SECTION 7506.1. Public Nuisance. Discharges of wastewater in any manner in violation of this Ordinance or of any order issued by the City as authorized by this Ordinance, constitutes a misdemeanor and.is hereby also declared to be a public nuisance which may be corrected or abated as directed by the City. SECTION 7506.2. Injunction. Whenever a discharge of wastewater is in violation of'the provisions of this Ordinance or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the City may petition the Superior Court for the issuance of a preliminary or permanent injunction or both, as may be appropriate.in restrain- ing the continuance of such discharge. SECTION 7506.3. Damage to Facilities. When a.discharge of wastes causes an obstruction, damage, or any other impair- ment to City's facilities, the City may assess a charge against the user for the work required to clean or repair the facility and add such charge to the user's charges and fees. SECTION 7506.4. Civil Penalties. Any person who violates any provision of this chapter, or who discharges wastewater which causes pollution, or who violates any cease and desist order, -17- prohibition, effluent li._,cation, national standard of pe- _irmance, pretreatment or toxicity standard shall be liable civilly for monetary penalties imposed against the City as a result of the action by said person. The.City Attorney, upon order of the City Council, shall petition the Superior Court to impose, assess, and recover such sums from said person as may be applicable. SECTION 7506.5. Criminal Penalties. Any person who violates any provision of this chapter, or who discharges wastewater which causes pollution, or who violates any cease and desist order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard shall be guilty of a misdemeanor. SECTION 7506.6. Falsifying of Information. Any person who knowingly makes any false statements, representation, record, report, plan or other docLumnt filed with the City or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be guilty of a misdemeanor. SECTION 7506.7. Termination of Service. The City may revoke any Wastewater Discharge Permit, or terminate or cause to be terminated wastewater service to any premise if a violation of any provision of this chapter is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance as defined in this chapter. This provision is in addition to other statutes, rules, or regulations, authorizing termination of service for delinquency in payment. SECTION 7597. Severability. If any provision of these regulations or the application to any person or circumstances is held invalid, the remainder of the regulations or the application of such provisions to other persons or circumstances shall not be affected. -1s- FINALLY PASSED this 7th day of July, 1975, by the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Kenneth E. Schwartz NOES: None ABSENT: None ATTEST: .H. zpatrick, City Clerk 1 day 1 affidavit JtV- 7 197hGENDA ITEM # APPR�":)VED ( ) DENIED TO AMENDMENT TO PORTION OF PROPOSED SEWER ORDINANCE 634 Pursuant to the provisions of Section 716 of the Charter of the City of San Luis Obispo, Section 7501 B (10) of proposed Sewer Ordinance 634 is hereby republished in full to incorporate an amendment to said section approved by the City Council at the meeting of June 16, 1975, prohibiting discharges into the City's sewer system as follows: "10. Any wastewater containing in excess of: 0.1 mg /l arsenic 1.0 mg /l boron 0.2 mg /1 cadmium 100.0 mg /l chloride 2.0 mg /l copper 0.5 mg/1 cyanide 0.5 mg /l lead .0.01 mg /l mercury 1.0 mg /1 nickel 0.2 mg /l silver 100.0 mg /l sodiun 130.0 mg /l sulfate 0.5 mg /l total chromium 750.0 mg /l total dissolved solids 15.0 mg /l total nitrogen (as N) 3.0 mg /l zinc Each of the above measurements shall be based on a twenty -four hour composite sample. NOTE: The above limitations for chloride, sodium, total dissolved solids and total nitrogen are based upon the City's current NPDES permit requirements. Enforcement of these limitations wilZ,be at the discretion of the Director of Public Services, pending ,determination by the Water Quality Control Board that such limits are reasonable., as provided for under Section D.3 of the aforementioned NPDES permit. Pending a final determination by the Water Quality Control Board as to the proper limitations for said four items, the limitations stated above for said items shall be enforced by the City only upon specific direction from the Water Quality Control Board to do so, and only after the Council holds a public hearing. .to review the provisions of this section (7501 B (10))." (NOTE: The amendment consists of the addition of the under- lined portion.) Amendment and publication thereof ordered by the Council at its regular meeting on June 16, 1975, . on motion.of Councilman Petterson, seconded by Councilman Norris, and on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: Councilman Gurnee ABSENT: None