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HomeMy WebLinkAbout1158- t= ORDINANCE NO. 1158 (1990 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING MUNICIPAL CODE CHAPTER 13.08, ARTICLES II THROUGH VI, OF THE SEWER ORDINANCE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Title 13, Chapter 13.08, Articles II through VI of the Municipal Code is amended to read as follows in the attached legislative draft: SECTION 2. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least five (5) days prior to its final passage in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at the meeting held on the 2nd day ofJanuaty , 1990. On motion of Councilwoman Rappa seconded by Counc i&an R� and on the following roll call vote: AYES: Councitmembe,'rz Rappa, Reim,, Pincucd, Roa.eman and Mayors Duwi.n NOES: None ABSENT: None DUNIN ATTE T: 'L PAN % GES, CIT C ERK APPROVED: ✓ice, /` � �., -.�.. •i rig% � � •�i � FINANCE DIRECTOR UTILITIES DIRECTOR . 7158 Article II. 13.08.110 Purpose and scope. A. These provisions set forth standards and regulations governing discharges into the publicly owned treatment works (POTW) for the city. These standards and regulations enable the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, Part 403). B. The objectives of these provisions are: 1. To prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with the use or disposal of municipal sludge; 2. To prevent the introduction of pollutants into the POTW which will pass through the system inadequately treated or otherwise be incompatible with the system; 3. To improve opportunities to recycle and reclaim wastewaters and sludges from the system; 4. To protect POTW personnel from exposure to hazardous chemicals. C. These provisions provide for the regulation of direct and indirect contributors to the POTW through the issuance of permits to industrial users, pretreatment and reporting require- ments for permittees, monitoring and enforcement of noncom- pliance. 13.08.120 Definitions. The following words shall have the following meanings: A. "Authorized representative" means any of the following (1) a principal executive officer of at least the level of vice president, if the Industrial User submitting the reports is a corporation; (2) a general partner or proprietor if the Industrial User submitting the reports is a partnership or sole proprietorship respectively; (3) a duly authorized representative of the individual designated in (1) or (2) if such representative is responsible for the overall operation of the facility from which the discharge originates. B. "Biochemical Oxygen Demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure and expressed in milligrams per liter (mg /1). C. "Categorical pretreatment standard" means the national pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a POTW by existing or new Industrial Users in specific industrial subcategories. D. "City" means the City of San Luis Obispo. 1 E. "Director" means the Utilities Director of the City of San Luis Obispo or his duly authorized representative. Any notice required to be given to the Director shall be delivered to the Director at 955 Morro Street, San Luis Obispo, or as otherwise directed. F. "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. G. "Grease" means all fat, grease, oil, wax or other trichlorotrifluoroethane soluble matter of animal, vegetable, petroleum or mineral origin. H. "Industrial user" means a person who discharges nondomestic wastewater into the city sewer system. I. "Industrial user's survey" means a questionnaire (and related process) used by the city to identify and categorize industrial users and the characteristics of their wastewater discharge. J. "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. K. "Interference" means an inhibition or disruption of 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. L. "Natural outlet" means any outlet into a water course, pond, lake or other body of surface or ground water. M. "New Source" means any building, structure, facility or installation from which there is or may be a discharge of pol- lutants, 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 (1) the building, structure, facility or installation is constructed at a site at which no other source is located; or (2) the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (3) the production of wastewater generating processes 2 of the building, structure, facility or installation are substantially independent of an existing source at the same site. N. "Pass- through" means the discharge of pollutants to the POTW in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation). 0. "Person" means any individual, firm, company, association, society, corporation, group, governmental agency or educational institution. P. "Publicly Owned Treatment Works (POTW)" means city owned sewer system, including sewer pipes within the city that convey wastewater to the treatment plant, the treatment plant, sewer pipes that convey wastewater to the treatment plant from persons outside the city who contract with the city to use the sewer system, and related facilities. Q. "Significant Industrial User (SIU)" means any industrial discharger subject to federal categorical pretreatment standards or any industrial discharger that (1) discharges 10,000 gal per day or more of process wastewater; (2) contributes 5 percent or more of the average dry weather hydraulic capacity of the treatment plant; (3) discharges either continuously or intermittantly to the POTW, process wastewaters containing priority pollutants as determined through analytical procedures or reasonable technical judgement; or (4) has a reasonable potential, in the opinion of the Director, to adversely affect the POTW treatment plant. R. "Stormdrain" means a sewer which is designed to carry storm and surface waters and drainage rather than sewage or industrial wastes. S. "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. T. "Wastewater treatment plant (WWTP)" means city -owned and operated sewage treatment plant. 13.08.130 Stormwater and unpolluted drainage. A. No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted process waters other than to those sewers designated as stormdrains or to a natural outlet approved by the Director. Appropriate permits from all affected public agencies may be required by the city and shall be obtained by the applicant. B. No person shall discharge or cause to be discharged any sewage, garbage, rubbish, rubble or otherwise polluted water to any stormdrain or natural outlet. 3 13.08.140 Prohibited discharges. A. It shall be unlawful for an industrial user to discharge pollutants into the POTW: 1. Without a permit; 2. When such with a properly issued wastewater discharge permit, pollutants are not covered by that permit; 3. Where such pollutants would cause the POTW to violate its NPDES permit. B. 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 into the sewer and in no case higher than one hundred and four degrees Fahrenheit at introduction into the wastewater treatment plant; 2. Any waters or wastes containing 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. 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 or to the operation of the system. At no time shall two successive readings on a combustible gas meter, at the point of discharge into the sewer system, be more than five percent (5%) nor any single reading over ten percent (10 %) of the Lower Explosive Limit (L.E.L.). Prohibited materials include, but are not limited to gasoline, kerosene, naptha, benzene, toluene, or xylene; 4. 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; 5. Any waters or wastes having pH lower than six or higher than nine, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the POTW; 6. 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; 7. Any waters or wastes including oxygen demanding pol- lutants (BOD, etc.) at a flow rate and /or concentration which will cause Interference or Pass - through; 8. Any average daily flow greater than two percent of the WWTP average daily sewage flow shall be subject to the review and approval of the Director; 4 9. Any wastewater containing in excess of: 15.0 1.0 0.25 0.5 0.5 7.5 30.0 0.5 0.01 0.1 3.0 2.0 1.0 30.0 300.0 7.5 250.0 mg /l mg /l mg /l mg /l mg /l mg /l mg /l mg /l mg/ mg /l mg /l mg /l mg /l mg /l mg /l mg /l mg /l aluminum arsenic cadmium copper chromium flouride iron lead 1 mercury selenium zinc M.B.A.S. phenol ammonia sulfate boron B.O.D. Any wastewater, other than water - softening regeneration brine, containing in excess of: 1600.0 mg /l total dissolved solids 300.0 mg /l sodium 300.0 mg /l chloride 10. 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); 11. Any infectious wastes; 12. Any waters or wastes containing color which is not removed in the ordinary WWTP treatment process. C. 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. D. When the Director determines that a user is contribut- ing 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 shall: 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 require- ments for flow regulations and equalization; 4. Require pretreatment of discharge prior to discharge to 5 POTW; or 5. Take any other action necessary to eliminate the inter- ference. 13.08.150 Federal categorical pretreatment standards-Applic- ability. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the federal standard shall apply in any instance where its limitations are more stringent than those in this chapter. 13.08.160 Grease, oil and sand interceptors. Grease, oil and sand interceptors shall be provided for the proper handling of liquid wastes containing grease, flammable wastes, sand or other harmful constituents; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Director in accordance with the Uniform Plumbing Code, and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. Failure to properly maintain interceptors in continuously efficient operation may be considered sufficient cause for disconnection of premises from the POTW or punitive actions as provided for in this chapter. 13.08.170 Pretreatment facilities. Where pretreatment of discharge is required by the Director, the necessary facilities shall be provided, operated and maintained at the user's expense. Detailed plans showing the facilities and their operating procedures shall be submitted to the city for review. Such plans must be acceptable to the city before construction is begun. Any changes in the pretreatment facilities or method of operation must be reported to and approved of by the city prior to implementation of the proposed changes. Operational difficulties or failures of pretreatment facilities shall be reported immediately to the Director. 13.08.180 Control manhole. When required by the Director, 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 flow measurement of the 0 discharge. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Director. 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. 13.08.190 Measurements and tests. All measurements, tests and analyses of the characteristics of water and wastes shall be determined by the testing procedures specified in 40 CFR Part 136. When required by the Director, the industrial user shall provide safe and secure access to the proper sampling point for the determination of compliance with federal categorical standards and /or local discharge limits. This may require the installation of a control manhole as described above. All testing shall be performed by an approved laboratory and conducted at the expense of the discharger. 13.08.200 Drainage below curb and below main sewer level A. Drainage piping serving fixures, the flood level rims of which are located below the elevation of the curb or property line, at the point where the building sewer crosses under the curb or property line, and above the crown level of the main sewer, shall drain by gravity into the main sewer, and shall be protected from backflow of sewage by installing an approved 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. B. Director 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 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. As an alternate to the procedure set forth in subsection B of this section, if the property owner fails to install and maintain a backwater trap valve in good working condition when requested under this chapter, the Director may order and require termination of water service to the parcel and all structures connected to the sewer outlet subject to overflow. The water service shall not be reinstated until the maintenance or 7 installation of the backwater trap or backwater valve has been approved by the Director. D. Maintenance of house connection sewers. All house connection sewers, industrial sewers, private sewage disposal systems and appurtenances thereto, now existing or hereafter conducted, 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. If a property owner fails to maintain the wastewater disposal 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 improper conditions. The water service shall not be reinstated until the maintenance or installation of appropriate wastewater disposal facilities has been approved by the Director. 13.08.210 Powers and authority of inspectors. A. Inspection of Premises. The Director, the Health Of- ficer, or other duly authorized employees or representatives of the city or the health department bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, 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. Process and product information collected during inspection of premises may be kept confidential at the request of the business owner or his representative, insofar as such confidentiality is allowed pursuant to applicable law. All records compiled pursuant to the pretreatment program shall be accessible at time of inspection. B. Cost of Inspection. Each discharger shall pay a reasonable inspection fee sufficient to cover the costs of the inspection. Such costs may be incorporated in the Industrial User Wastewater Discharge Permit fee. C. Liability for Injury. While performing the necessary work on private properties referred to in subsection A of this section, authorized employees, and the city shall indemnify the company against loss or damage to its property by such employees and against liablility claims and demands 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 by this chapter. 8 D. Rights of City Entry. The Director, the health officer, and other duly authorized employees of the city or health department 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. 13.08.220 Permit - Required- Term - Transfer - Revocation - Completion of an industrial user's survey required. All dischargers of nondomestic wastewater to the city sewer system shall complete an industrial user's survey and shall obtain a wastewater discharge permit from the Director. It is unlawful to discharge nondomestic wastewater without a permit, or to fail to complete an industrial user's survey. A. 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. The unit charge or schedule of user charges and fees for wastewater to be discharged to a community sewer; 2. The average and maximum wastewater constituents and characteristics; 3. Limits on rate and time of discharge or requirements for flow regulations and equalization; 4. Requirements for installation of inspection and sam- pling facilities; 5. Pretreatment requirements; 6. Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule; 7. Requirements for submission of technical reports or discharge reports; 8. Mean and maximum mass emission rates, or other ap- propriate limits when incompatible pollutants (as defined by city ordinance) are proposed or present in the user's wastewater discharge; 9. Requirements for submission to inspections; 10. Other conditions as deemed appropriate by the Director to insure compliance with this chapter. B. 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 permit at least E 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. C. Transfer of a Permit. Wastewater discharge permits are issued to a specific user for a specific operation. A 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. D. Revocation of Permit. Any user who violates any of the conditions of this Chapter, of applicable state and federal regulations or any of the following conditions, is subject to permit revocation: 1. Failure to factually report the wastewater constituents and characteristics of discharge; 2. Failure to report significant changes in operations or wastewater constituents and characteristics; 3. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; 4. Failure to provide official evidence of proper disposal of nondomestic wastes not permitted by city ordinances (hazardous wastes); 13.08.230 Reporting requirements for permittees. A. Any discharger of nondomestic wastewater may be re- quired 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 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 3 years any records and /or reports of monitoring ac- tivities or results and shall make such records /reports available for inspection and copying by the POTW. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user. 13.08.240 Confidentiality - Public disclosure. A. Effluent data shall be available to the public without restriction. 10 B. Notification of significant violators and significant noncompliance shall be published at least once every twelve months in the major local newspaper. Article III. Charges and Fees 13.08.250 Determination -User classification. 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. 1. All users shall be classified by assigning each one to a user classification (Significant Industrial User, Class I User or Class II User) category 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 insure an equitable recovery of the city's cost for operation of the pretreatment program; 2. The charges for each wastewater constituent and charac- teristic 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: a. User classification charges; b. Fees for monitoring and inspections; c. Charges and fees based on wastewater constituents and characteristics to include industrial cost recovery provisions of the Federal Act (i.e., PL 92 -500); d. 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; e. 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; f. 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 13.04.180. 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. The charges for all classifications of users other than the basic domestic premises shall be based upon the relative difference between the average wastewater constituents and 11 characteristics of that classification as related to those of a domestic premises. Such charges and fees may 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, heavy metals and volume. 13.08.260 Use of revenues. Revenue derived by the city under the provisions of the ordinance codified in this article 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. Article IV. Rules and Regulations Governing the Disposal of Septic Tank Cleanings 13.08.270 Unlawful to dump on land. It is 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, except such lands as the city utilizes in connection with the operation of its wastewater treatment plant. 13.08.280 Unlawful to dump into city collection system except as provided in this chapter. It is 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 or any hazardous waste except as provided in this article. 13.08.290 Dumping regulations. Raw or chemically treated sewage from chemical toilets may be discharged or dumped into the city sewer collection system only at the places designated by the Director. 13.08.300 Dumping permit and fees. Each person dumping or discharging raw or chemically treated sewage into the facilities of the city shall pay the appropriate fees established in accordance with the criteria set forth in Section 13.08.250. 12 Article V. Enforcement 13.08.310 Unlawful discharges. A. Notification of Discharge. 1. Users shall notify the Director immediately upon discharging wastes in violation 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 for any fines imposed on the city by any public entity on account thereof. B. Notices to Employees. In order that employees of users be informed of city requirements, users shall make available to their employees copies of this chapter, together with such other wastewater information and notices which may be furnished by the city from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call 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. 13.08.320 Issuance of cease and desist orders. When the Director finds that a violation of this chapter has occurred, or appears imminent, and the violation appears to present an imminent endangerment to the health or welfare of persons, or the environment, or which threatens to interfere with the operation of the POTW, the Director may after informal notice to the violator, issue an order to cease and desist and direct those persons not complying with this chapter to: A. Comply forthwith; or B. Comply in accordance with a time schedule set forth by the Director; or C. Take appropriate remedial or preventive action in the event of a threatened violation. 13 13.08.330 Submission of time schedule. When the Director finds that a discharge of wastewater has taken place, in violation of prohibitions or limitations prescribed in this chapter, or wastewater source control requirements, effluent limitations or pretreatment standards, or the provisions of a wastewater discharge permit, the Director may require the user to submit to the Manager, a report containing methods to eliminate illegal discharges, a time schedule for the commencement and completion of any equipment installation or maintenance necessary to comply with discharge limitations and methods of assurance of continued compliance. 13.08.340 Appeals A. Any user, permit applicant, or permit holder affected by any decision, action or determination, including cease and desist orders, made by the Director, interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the City Clerk a written appeal within ten days of such decision, action, or determination, setting forth in detail the facts supporting the appeal. B. The written appeal shall be heard by the council within thirty days from the date of filing. The council shall make a final ruling on the appeal within ten days of the close of the meeting. Pending final determination on the appeal by the council, the decision appealed from shall remain in full force and effect. Article VI. Abatement and Penalties 13.08.350 Use of provisions. The actions and remedies available to the Director in the sections set forth in this article may be utilized separately or in combination by the Director as it deems appropriate. 13.08.360 Declaration of public nuisance. Discharges of wastewater in any manner in violation of this chapter or of any order issued by the Director as authorized by this chapter, constitutes a misdemeanor and is also declared to be a public nuisance which may be corrected or abated as directed by the Director. 13.08.370 Injunctive relief. The Director is authorized to seek injunctive relief to halt the noncompliance by any industrial user with any pretreatment standard or requirement under this Chapter, or permit issued hereunder. 14 13.08.380 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, stormdrain system or waters of the state, shall be liable to the Director 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 Director shall also be costs for which the violator is liable to the Director. 13.08.390 Civil Penalties. Any person who violates any provision of this chapter or permit issued hereunder, 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 liable for an administrative civil penalty of not less than $1,000 per day per violation. Penalties shall be assessed by the Director, after opportunity is given for a hearing. 13.08.400 Criminal penalties. Any person who violates any provision of this chapter or permit issued hereunder, 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. Each day of violation shall constitute a separate offense. The penalty for violation shall include a fine of not less than $1,000 per violation. 13.08.410 Falsifying information. Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the Director, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter., shall be guilty of a misdemeanor. 13.08.420 Termination of service. The Director may revoke any wastewater discharge permit, or terminate or cause to be terminated wastewater service to any premises if a violation of any provision of this chapter is found 15 L t- ,I 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. 16 -1 A t Ordinance No. 1158 FINALLY PASSED this __16th _ day of _ January 19 90 on motion of Councilman Roalman , seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Roalman, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None ayor Ron Dunin ATTEST: 04W ____ City Jerk Pam V g s F'��� �. Sections: Chapter 13.08 SEWERS Article I. Sewer Connection 13.08.010 Fee required prior to permit 13.08.120 issuance for newly annexed 13.08.130 territory. 13.08.020 Computation of fee. 13.08.030 Exemption of outstanding bonds 13.08.150 from fee determination. 13.08.040 Main extensions to customers other than subdivisions - 13.08.160 Terms and conditions. 13.08.090 Use of existing sewer - 3-98 . i7e Payment of costs prior to 13.08.170 ig 08. i8e sewer connection permit . 13.08.180 9 3 08 1 90 issuance. 13.08.100 Design standards - i3.08.290 13.08.200 Conformance with required. Article II. Discharges 13.08.110 Purpose and scope. 13.08.120 Definitions. 13.08.130 Stormwater and unpolluted drainage. 13.08.140 Prohibited discharges. 13.08.150 Federal categorical pretreatment standards - Applicability. 13.08.160 Grease, oil and sand 13 . ,v :, 69 interceptors Effluent , irttzTt'-6�i9 premulgated by the Federal 3-98 . i7e Grease, e l and sand intereepters. 13.08.170 ig 08. i8e Pretreatment facilities ` . 13.08.180 9 3 08 1 90 Pretreatment faeilities Control manhole. ma „7i Zele. . . 13.08.190 Gell1.ie! Measurements and tests. i3.08.290 13.08.200 Measurements and tests Drainaae below curb and below main sewer level 13.08.210 Powers and authority of inspectors. 13.08.220 Drainage belew eurb and below main —sever levees 13.08.220 Permit- Required -Term- Transfer Revocation - completion of an Industrial User's Survey required 13 .08.230 ^�V Powers —anal - authority of insp..�ers: 13.08.230 Reporting requirements for permitees 33.98.25v permitees 13.08.240 Permit Required Term Transfer industrial User's Survey 13.08.240 Confidentiality - Public Disclosure diselesure Article III. Charges and Fees 13.08.250 Determination -User Classification i3 . 98.. 270 Dete=minatien User -G crysifieat 13.08.260 Use of revenues i3.98.290 Use of revenues i3 eon T7 . 0 48 :Z'VV Article IV. Rules and Regulations Governing the Disposal of Septic Tank cleanings (New Provisions) 13.08.270 Unlawful to dump on land eelleetien system emeept as previded in this ehapter 13.08.280 Unlawful to dump into city collection system except as provided in this chatter. 13.08.290 Dumping regulations. 17 08 389 Dumping permit and fee 13.08.300 Dumping hermit and fees Article V. Aitle -le- I. Enforcement 13.08.310 Unlawful discharges z� 1� 98 3^^ U 13.08.320 Issuance of cease and desist orders 13.08.499 zssuanee —ef eease and desist 13.08.330 Submission of time schedule 13 . 08 . 410 S'. bmissien of t- ime— sehe'di ire 13.08.340 Appeals 13.08.420 Appeals Article VI. Artrele —VII. Abatement and Penalties 13.08.350 Use of provisions 1 7 0 8 A 3^ 13.08.360 Declaration of public nuisance 1 7 0 8 A A^ 13.08.370 Injunctive relief 1 7 ^f1 A 50 13.08.380 Assessment of cost 13.98.460 Damage te faeilit-y 13.08.390 Civil penalties GivT penalties 13.08.400 Criminal penalties 13--w -4 v 13.08.410 Falsifying information 13.98.499 Falsifying infermatien 13.08.420 Termination of service i3.08.500 ^�T^v Tezmzz= alien ef5�1"F, tec