HomeMy WebLinkAboutMC-273
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ORDINANCE NO. MC-273
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER
3 FACILITIES, TO REVISE STANDARDS FOR DISCHARGE INTO SEWER SYSTEM,
TO REQUIRE REGULAR CLEANING OF GREASE, OIL AND SAND INTERCEPTORS,
4 TO ESTABLISH AUTHORITY TO REQUIRE SEPARATION OF INDUSTRIAL
WASTEWATERS FROM DOMESTIC \'JASTEvIATERS, TO REQUIRE CmlPLIANCE WITH
5 FEDERAL WASTEWATER STANDARDS, TO REQUIRE ALL EXISTING, NONDOMESTIC
WASTEWATER DISCHARGERS TO OBTAIN A WASTEWATER DISCHARGE PERMIT, TO
6 CREATE PROCEDURES TO ESTABLISH CONFIDENTIALITY OF CERTAIN REQUIRED
REPORTS, AND TO MAKE VARIOUS TECHNICAL CORRECTIONS.
7
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
8 ORDAIN AS FOLLOWS:
9
SECTION 1. Section 13.32.050 of the San Bernardino Municipal
10 Code is amended to read:
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"13.32.050 Definitions.
12
A. Unless the context specifically indicates otherwise, the
13 meaning of the terms used in this chapter shall be as follows:
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1.
'Applicant' means any person or corporate body
15 desiring to create a new or revised discharge of nondomestic
16 wastewater.
17
2.
'Board' means the City of San Bernardino Board of
18 Water Commissioners.
19
3.
'City' means the City acting through its elected
20 officials and authorized representatives.
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4. 'Director' means the Director of water reclamation,
22 or his authorized representative, or any City officer who
23 subsequently is empowered to assume or succeed to the duties of
24 said Director.
25
5.
'Domestic wastewater' means wastewater from
26 residences and wastewater from other premises resulting from
27 personal use of water for washing or sanitary purposes.
28
6. 'Engineer' means the Director of Public Works/City
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Engineer of the City or his authorized representative or deputy.
7. 'Federal categorical pretreatment standards' means
any regulation containing pollutant discharge limits established
under the appropriate subpart of 40 CFR Chapter I, Subpart N.
8. 'Grease, oil and sand interceptor' means an approved
detention chamber designed to remove grease, oil, and sand from a
source flow prior to discharge into the community collection
system.
9. 'Industrial wastewater' means the same as nondomestic
wastewater.
10. 'Manager' means the General Manager of the City Water
Department, or his authorized representative, or any City officer
who subsequently is empowered to assume or succeed to the duties
of said Manager.
11. 'Nondomestic wastewater' means polluted wastewater
other than domestic wastewater, or industrial wastewater combined
with domestic wastewater.
12. 'Permit' means that document permitting a user to
discharge nondomestic wastewater to the public sewers and/or
wastewater treatment facilities.
13. 'Permittee' means the holder of a valid permit.
14. 'Premises' means a parcel of real estate including
any improvement thereon which is determined by the Manager to be a
single user for purposes of receiving, using, and paying for
services.
15. 'Public sewer' means a common sewer or sewers that
collect domestic or nondomestic wastewater for transport to the
treatment facilities including pumping stations in the public
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sewer system. The term as herein used does not include storm
drains or channels for conveyance of natural surface waters.
16. Units.
a. 'Private dwelling unit' means a dwelling unit
intended for occupancy by a single-family group. This shall apply
to all single residential premises and multiple residential
premises that are not required by this code to obtain a commercial
business license.
b. 'All other units' means all residential units in
apartment buildings or such other premises as may be required by
this code to obtain a commercial business license and/or a
wastewater discharge permit required under special restrictions
for nondomestic wastewater in Section 13.32.120.
17. 'User' means any person, his heirs, executors,
administrators, or assigns, and also includes a firm, company,
association, society, corporation, or group, who or which uses
the wastewater facilities of the City.
18. 'Wastewater facilities' means the structures,
equipment, and processes required to treat domestic and
nonsanitary wastes and dispose of the effluent.
19. 'Water supply' means generally the supply of public,
potable water serving the area contributory to the City's public
sewers and/or wastewater treatment facilities.
B. Definitions of all chemical, biological, and other
technical terms shall be the same as defined in the fifteenth
edition of Standard Methods for the Examination of Water and
Wastewater, published by American Public Health Association,
American Water Works Association and Water Pollution Control
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1 Federation."
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SECTION 2. Section 13.32.060 of the San Bernardino Municipal
3 Code is amended to read:
4
"13.32.060 Compliance required prior to issuance of
5 certificate of occupancy.
6 No certificate of occupancy shall be issued and no premises
7 shall be occupied until the owner, occupant, or tenant of the
8 premises has complied with all rules and regulations of this
9 chapter."
10
SECTION 3. Section 13.32.070 of the San Bernardino Municipal
11 Code is amended to read:
12
"13.32.070 Connection required.
13 The owner of any premises used for human occupancy,
14 employment, recreation, or other purposes situated within the City
15 and abutting on any street, alley, or easement in which there is a
16 public sewer, is required to connect the premises directly with
17 the sewer, provided that the public sewer is within two hundred
18 feet of the nearest property line of the premises. This section
19 shall only be applicable to developments taking place after
20 December 12, 1977."
21
SECTION 4. Section 13.32.080 of the San Bernardino Municipal
22 Code is amended to read:
23
"13.32.080 Unlawful discharges.
24 Except as hereinafter provided, it is unlawful for any person
25 to discharge or to cause to be discharged into any public sewer or
26 any opening leading to a public sewer of the City any of the
27 following:
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A. Earth, sand, gravel, rock, ashes, plaster, concrete,
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1 glass, metal filings, metal or plastic objects, garbage, or any
2 other solid, semisolid, or viscous material in quantities or
3 volumes sufficient to obstruct the flow of sewage in any sewer or
4 sewer pumping station;
5 B. Any object in excess of one and one-half inches in length
6 or width which causes or may cause clogging of a sewage or sludge
7 pump or may interfere with the normal operation of the treatment
8 plant;
9 C. Any compound which produces or may produce noxious odor
10 in the public sewers and/or wastewater treatment facilities;
11 D. Any volatile liquid or substance which produces or may
12 produce a toxic, explosive, or flammable atmosphere into public
13 sewers and/or wastewater facilities;
14 E. Any overflow from any septic tank or cesspool, or any
15 liquid or sludge pumped from a septic tank or cesspool, except at
16 such place and in such manner as may be prescribed by the
17 Director;
18 F. Any stormwater, drainage runoff, excess irrigation water,
19 or other clear, unpolluted water other than domestic wastewater;
20 G. Any substance which causes or may cause the temperature
21 of the sewage in any public sewer to be higher than one hundred
22 forty degrees fahrenheit or the wastewater treatment plant
23 influent to be higher than one hundred four degrees fahrenheit;
24 H. Any radioactive wastes in excess of federal, state, or
25 county regulations;
26 I. Any material or quantity of material which causes or may
27 cause damage to any part of the public sewers or wastewater
28 treatment facilities, or abnormal sulfide generation or abnormal
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1 maintenance or operation costs of any part of the public sewers or
2 wastewater treatment facilities;
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J. Any pollutant which causes or may cause corrosive
4 structural damage to the wastewater facilities, but in no case
5 discharges with pH lower than 6.0 nor greater than 9.0;
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K. Any toxic materials in excess of the quantities presented
7 in the table set forth in this subparagraph, or in excess of the
8 quantities established in a resolution hereafter adopted by City:
9 TABLE 1
10 TOXIC POLLUTANT LIMITATIONS
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Pollutant
Concentration (mg/l)
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Arsenic
Cadmium
Chromium
Copper
Cyanide
Lead
Mercury
Nickel
Phenal
Silver
zinc
1.9
0.6
4.0
9.2
9.0
2.2
0.1
13.2
42.0
2.5
6.5
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22 Safe Drinking Water Act;
L. Any hydrocarbons in excess of those limitations in the
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M. Any substance which causes or may cause significant color
24 increase beyond natural background levels of the water supply;
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N. Any substance or material which causes or which may cause
26 chemical imbalance in the wastewater treatment procedures,
27 processes or reactions, or which adversely affects, changes or
28 disrupts any operation or function of the public sewer and/or
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1 wastewater treatment facilities by any means."
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SECTION 5. Section 13.32.090 of the San Bernardino Municipal
3 Code is amended to read:
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"13.32.090 Limits of maximum increments of individual
5 discharges exceeding fifty gallons.
6 No individual discharge of wastewater exceeding fifty gallons
7 in anyone day shall be discharged to a public sewer if the
8 maximum increments of the constituents, over those in the water
9 supply, exceed the following limits:
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Concentration
(mg/liter)
300
90
90
60
1.0
1.5
100
Constituent
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Total Dissolved Solids
Sodium
Chloride
Sulfate
Boron
Fluoride
Total Hardness
"
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SECTION 6. Section 13.32.100 of the San Bernardino Municipal
17 Code is amended to read:
18
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"13.32.100 Restrictions on water-softening wastes.
A.
It is unlawful to install, replace, or enlarge apparatus
20 for softening all or any part of the water supply to any
21 residential premises when such apparatus is an ion-exchange
22 softener or demineralizer of the type that is regenerated on the
23 site of use, except as otherwise authorized by the provisions of
24 California Health and Safety Code Sections 4045 through 4049,
25 inclusive, and any amendments thereto.
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B. This section shall not apply to existing units nor to
27 apparatus of the type which is regenerated off-site by a water
28 conditioning company.
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1 C. This section shall not apply to any type of commercial or
2 industrial softening apparatus, which will be considered
3 individually in connection with nondomestic wastewater controls."
4 SECTION 7. Section 13.32.110 of the San Bernardino Municipal
5 Code is amended to read:
6 "13.32.110 Inspection of water-treating apparatus.
7 A person installing or operating water-treating apparatus of
8 any kind shall make such apparatus accessible to the Director for
9 inspection at all times and shall make such reports relative to
10 such apparatus as the Director may request."
11 SECTION 8. Section 13.32.120 of the San Bernardino Municipal
12 Code is amended to read:
13 "13.32.120 Nondomestic wastewater - Permit required.
14 A. Any person desiring to create a new or revised discharge
15 of wastewater other than domestic wastewater into the public sewer
16 and/or wastewater treatment facilities shall obtain a wastewater
17 discharge permit from the Director. Permits shall be issued by
18 the Director in accordance with the provisions of this chapter and
19 such regulations as may be established from time to time by the
20 Director.
21 B. The applicant shall submit an application on forms
22 provided by the Director presenting information as to the kind and
23 amount of wastewater to be produced and discharged, plants and
24 pretreatment facilities, and any other pertinent information, all
25 as required by the Director.
26 C. Within thirty days after its receipt, the Director shall
27 act on the application. If the Director finds that the proposed
28 discharge conforms to the requirements of this chapter and other
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1 applicable laws and regulations of the City and the state, and
2 that sewer capacity is available, he shall approve the application
3 and issue a permit. The permit shall state (1) the nature of the
4 premises and the nature and the amount of flow which the user
5 proposes to discharge; (2) any conditions that the Director
6 considers necessary; (3) those chemical constituents to be
7 analyzed and reported upon; (4) other applicable reporting
8 requirements to ensure compliance with pretreatment standards and
9 this chapter; and (5) in the event that installation of
10 pretreatment or other facilities are deemed necessary, the permit
11 shall specify the period of time granted for the installation of
12 such pretreatment facilities. If the Director finds that the
13 proposed discharge will not be acceptable, he shall disapprove the
14 application and shall so notify the applicant."
15 SECTION 9. Section 13.32.130 of the San Bernardino Municipal
16 Code is amended to read:
17 "13.32.130 Nondomestic wastewater - Design and installation
18 of plants and equipment.
19 A. If the Director requires pretreatment or equalization of
20 waste flows, the design and installation of the plants and
21 equipment shall be subject to the requirements of all applicable
22 codes, resolutions, ordinances, and laws. Such plants and
23 equipment shall be constructed at the permittee's expense.
24 Responsibility for design, installation, and operation of such
25 facilities to meet discharge requirements shall be the full
26 responsibility of the permittee.
27 B. Grease, oil, and sand interceptors shall be required
28 when, in the opinion of the Director, they are necessary for the
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1 proper handling of liquid wastes containing grease in excessive
2 amounts, or any flammable wastes, sand, or other harmful
3 ingredients which can be removed readily by grease, oil, and sand
4 interceptors. All such interceptors shall be of a type and a
5 capacity approved by the Director, and shall be located so as to
6 be readily and easily accessible for cleaning and inspection.
7 Said interceptors shall be regularly cleaned and maintained by
8 applicant to prevent any intercepted materials from entering the
9 public sewer.
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c. When required by the Director, the permittee shall
11 install a suitable control manhole, together with such meters and
12 other appurtenances necessary to facilitate observations,
13 sampling, and measurement of the wastes. Such manhole shall be
14 accessible and safely located, and shall be constructed in
15 accordance with plans approved by the Director and the Engineer.
16 The Director may require the segregation of domestic wastewaters
17 from all industrial wastewaters until the industrial wastewaters
18 have passed through any required pretreatment system or device, or
19 the industrial wastewater control manhole. The manhole shall be
20 installed by and at the permittee's expense, and shall be
21 maintained by the permittee so as to be safe and accessible at all
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times.
If required, the permittee shall monitor the waste in
23 accordance with a monitoring schedule established by the Director.
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D. In the event that the flow of wastewater generated at the
25 premises by the user is significantly different than the flow of
26 delivered potable water, the user may be required to install in
27 addition to a wastewater flow meter, a flow measurement device on
28 the potable water supply if not already installed.
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1 E. The Director shall inspect the facilities of any user to
2 ascertain whether the purpose of this chapter is being met and all
3 requirements are being complied with. Persons or occupants of
4 premises where wastewater is created or discharged shall allow the
5 Director ready access at all reasonable times to all parts of the
6 premises for the purposes of inspection, sampling, records
7 examination or for any other proper performance of any of his
8 duties. The Director shall have the right to set up on the user's
9 property such devices as are necessary to conduct sampling
10 inspection, compliance monitoring and/or metering operations.
11 Where a user has security measures in force which would require
12 proper identification and clearance before entry into the
13 premises, the user shall make all necessary arrangements with its
14 security guards so that upon presentation of suitable
15 identification, personnel from the City will be permitted to
16 enter, without delay, for the purposes of performing their
17 specific responsibilities."
18 SECTION 10. Section 13.32.140 of the San Bernardino
19 Municipal Code is amended to read:
20 "13.32.140 Nondomestic wastewater - Alterations from
21 proposal - New application required.
22 If the permittee wishes to make alterations from the proposal
23 contained in the original application and permit, he shall submit
24 a new application to the Director requesting approval of such
25 changes. The Director shall treat the new application in the same
26 manner as an original application, but may, at his discretion,
27 modify the existing permit rather than issue a new permit."
28 SECTION 11. Section 13.32.150 of the San Bernardino
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1 Municipal Code is amended to read:
2 "13.32.150 Nondomestic wastewater - Permit modification.
3 Within nine months of the promulgation of any new or changed
4 federal categorical pretreatment standards, which are more
5 restrictive than the limitations established in this chapter, the
6 wastewater discharge permit of users subject to such standards
7 shall be revised to require compliance with such standards within
8 the time frame prescribed by such standards."
9 SECTION 12. Section 13.32.160 of the San Bernardino
10 Municipal Code is amended to read:
11 "13.32.160 Nondomestic wastewater - Issuance of permit
12 predicated upon compliance with conditions of permit.
13 A. Any permit issued by the Director shall be predicated
14 upon and subject to compliance with conditions of the permit and
15 the provisions of this chapter. The permit may be suspended or
16 revoked immediately by the Director when it is determined by the
17 Director that the discharge which the permit approves is in
18 violation of the provisions of this chapter or any conditions or
19 requirements established in the permit.
20 B. Any person notified of a suspension of the wastewater
21 treatment service and/or revocation of the wastewater discharge
22 permit shall immediately stop or eliminate the contribution. In
23 the event of a failure of the person to comply voluntarily with
24 the suspension and/or revocation order, the Director shall take
25 such steps as he deems necessary, which may include immediate
26 severance of the sewer connection, to prevent or minimize damage
27 to the wastewater facilities or endangerment to any individuals.
28 The Director shall reinstate the wastewater discharge permit
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1 and/or the wastewater treatment service upon proof of the
2 elimination of the noncomplying discharge. A detailed written
3 statement submitted by the user describing the causes of the
4 harmful contribution and the measures taken to prevent any future
5 occurrence shall be submitted to the City within fifteen days of
6 the date of occurrence."
7 SECTION 13. Section 13.32.170 of the San Bernardino
8 Municipal Code is amended to read:
9 "13.32.170 Nondomestic wastewater - Discharge permit
10 required.
11 All nondomestic wastewater dischargers proposing to connect
12 to or contribute to the wastewater facilities shall obtain a
13 wastewater discharge permit before connecting to or contributing
14 to the wastewater facilities. All existing nondomestic
15 wastewater dischargers connected to or contributing to the
16 wastewater facilities shall apply for and obtain a wastewater
17 discharge permit within ninety days after the effective date of
18 this chapter; however, said permit may not be issued until all
19 conditions and requirements contained in this chapter are met."
20 SECTION 14. Section 13.32.180 of the San Bernardino
21 Municipal Code is amended to read:
22 "13.32.180 Charges - Payment of base charges.
23 All premises which are served by a connection to the public
24 sewers and/or wastewater treatment facilities of the City, or
25 situated on real property adjoining an existing public sewer and
26 not connected thereto, shall be charged, and the user thereof
27 shall pay base charges as described in this section.
28 A. Private dwelling units shall be charged a fixed monthly
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1 fee for each individual dwelling unit. Such fee shall be
2 established by resolution. The fee shall be adequate to realize
3 from the private residential users so charged an amount sufficient
4 to cover the share of costs of the sewerage facilities
5 attributable to this class of users. The costs shall include all
6 costs of financing, maintaining and operating the system and
7 developing the necessary reserve funds to ensure operation of the
8 system.
9 B. Commercial residential units, nondomestic users, and all
10 other users except private dwelling units shall be charged on the
11 basis of total water consumption for the comparable water billing
12 period. The rate for such charges shall be established by
13 resolution. The fees shall be adequate to realize from the class
14 of users so charged an amount sufficient to cover the share of
15 costs of the sewerage facilities attributable to this class of
16 users. The costs shall include all costs of financing,
17 maintaining and operating the system and developing the necessary
18 reserve funds to ensure future operation of the system.
19 Industrial premises discharging nondomestic wastewater shall be
20 billed on the basis of the amount of wastewater flow specified in
21 the permit. It is recognized that the amount of wastewater
22 generated by a given premises is normally less than the water
23 consumed by that premises. The charges provided for in this
24 chapter are based on the assumption that the percentage of
25 wastewater produced from water consumed is approximately the same
26 for all users included in a given billing category. If the Board
27 determines that for a particular user or group of users the above
28 assumption is not correct and if the percentage of wastewater
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1 produced from water consumed is significantly different from the
2 percentage under the existing billing concept, the Board may
3 modify the existing billing concept to invoke an equitable charge
4 to the user. The rate for such amended charges shall be
5 established by resolution. To support such amended charges, the
6 user may be required to install facilities as set forth in Section
7 13.32.130 of this chapter. Premises discharging nondomestic
8 wastewater shall also be subject to excess strength surcharge as
9 provided for in Section 13.32.190, in addition to volume charges
10 based on total water consumption.
11
C. The Board shall establish a rate of charges for a user
12 when the user's wastewater is derived, either in part or in full
13 from a source other than the City's potable water supply. A
14 source of supply includes, but is not limited to, any material
15 which is transported onto the user's premises."
16
SECTION 15. Section 13.32.190 of the San Bernardino
17 Municipal Code is amended to read:
18
"13.32.190 Charges - Excess strength surcharge.
19 Any premises discharging wastewater with a strength of any
20 constituent greater than the following itemizations, shall pay an
21 excess strength surcharge in conformance with a schedule
22 established by the Board. Excess strength surcharge shall be made
23 monthly. The rate for such charges shall be established by
24 resolution and shall be based on the total excess pounds of
25 constituent discharged during the billing period.
26
Constituent
Concentration
(in mg/litter)
27
28
B.O.D.
Suspended Solids
300
300
"
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1 SECTION 16. Section 13.32.200 of the San Bernardino
2 Municipal Code is amended to read:
3 "13.32.200 Charges - Determination of quantity and quality
4 of discharge.
5 The point for determining quantity and quality of discharge
6 shall be at the point of discharge to the public sewer or such
7 other upstream sampling point as may be mutually agreed upon by
8 the discharger and the Director. Where certain wastes are
9 critical, the Director may specify procedures for obtaining
10 necessary samples and may require the collection and submittal of
11 such samples by the discharger."
12 SECTION 17. Section 13.32.210 of the San Bernardino
13 Municipal Code is amended to read:
14 "13.32.210 Charges - Industrial wastewater discharge permit.
15 All industrial wastewater dischargers shall be required to
16 pay either an industrial wastewater discharge permit fee, or a
17 nondomestic wastewater discharge inspection fee. The amount of
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23 A. The charges herein fixed for any premises shall be
24 collected with the charges and rates for water service furnished
25 to the premises, by the City, or other public water purveying
26 agency. The charges herein fixed shall be billed upon the same
27 bill as is prepared for charges for water service and shall be due
28 and payable monthly at the same time that such charges for
these annual fees shall be established by the Board at the
beginning of each calendar year. "
SECTION 18. Section 13.32.220 of the San Bernardino
Municipal Code is amended to read:
"13.32.220 Payments.
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services are due and payable. The total amount due for the
charges herein fixed and for charges for water shall be paid as a
unit.
B. In the event any person fails to pay any charge herein
provided when the same becomes due, the City may, in addition to
any other remedies it may have, cut off water service or any of
the services and facilities referred to in this chapter after
giving the person a five-day notice thereof, and shall not resume
the same until all delinquent charges together with any charges
necessitated by resumption of such services and facilities have
been fully paid.
C. In the event the City or any other public water purveying
agency does not furnish water service to the premises, then the
charges herein fixed or provided by other means for such premises
shall be due and payable monthly on the first day of each and
every month or bi-monthly as necessitated by other billing
periods, and shall be paid by the occupant, owner or person in
charge of such premises. It shall be the duty of the municipal
water department to prepare and send (or have another billing
agency prepare and/or send) separate monthly bills for all charges
fixed for such premises.
D. It shall be the duty of the municipal water department of
the City to collect all charges provided herein.
E. All funds and moneys received from the collection of
sewer service charges as herein established shall be deposited
with the City Treasurer for deposit in the sewer fund."
SECTION 19. Section 13.32.230 of the San Bernardino
Municipal Code is amended to read:
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"13.32.230 Deposits into sumps.
2 It is unlawful for any person to deposit or discharge or
3 cause to be deposited into any sump which is not impermeable or
4 into any pit or well, or onto the ground, or into any storm drain
5 in a public road or street, any material which could create a
6 pollution hazard or nuisance in any ground or surface waters."
7
SECTION 20. Section 13.32.240 of the San Bernardino
8 Municipal Code is amended to read:
9 "13.32.240 Brine wastes.
10 Brine wastes not permitted to be discharged into the City
11 public sewers and/or wastewater treatment facilities by the
12 provisions of this chapter may be discharged into an evaporation
13 pond at the wastewater treatment facilities, subject to the
14 approval of and subject to the availability of free board in the
15 evaporation pond in a manner specified by the Board. A fee
16 established by the Director and approved by the Board shall be
17 paid by the discharger to the City for all brine wastes discharged
18 into the evaporation pond."
19
SECTION 21. Section 13.32.250 of the San Bernardino
20 Municipal Code is amended to read:
21
"13.32.250 Discharges from annexed areas.
22 Any discharges from premises in areas not presently being
23 served which are annexed to the City subsequent to the enactment
24 of this chapter shall be considered new discharges."
25 SECTION 22. Section 13.32.260 of the San Bernardino
26 Municipal Code is amended to read:
27 "13.32.260 Commencement date for computing time limits.
28 Wherever in this chapter time limits are established or
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1 periods of compliance are specified, the commencement date for
2 computing such time limits for areas annexed to the City
3 subsequent to December 15, 1977, shall be the official annexation
4 date."
5
SECTION 23. Section 13.32.270 of the San Bernardino
6 Municipal Code is amended to read:
7
"13.32.270 Interpretation of provisions.
8
All the provisions of this chapter are to be reasonably
9 interpreted. It is the intent herein to recognize that there are
10 varying degrees of accuracy possible when dealing with wastewater
11 flows and that the degree of accuracy employed should be
12 commensurate with the degree of hazard to the receiving stream and
13 to the public."
14
SECTION 24. Section 13.32.280 of the San Bernardino
15 Municipal Code is amended to read:
16
"13.32.280 Connection permit required.
17
A. Any person wishing to connect any premises to the public
18 sewers and/or wastewater treatment facilities for purposes of
19 discharging domestic or nondomestic wastes to a public sewer shall
20 first obtain a connection permit. This permit shall be
21 authorization to physically connect the premises to a public sewer
22 or to a lateral line connecting to a public sewer. The connection
23 permit is separate and distinct from a discharge permit which must
24 be obtained for a discharge of nondomestic waste as outlined in
25 Section 13.32.120.
26
B. Connection permits shall be issued by the Engineer in
27 accordance with regulations to be promulgated by him and
28 applicable ordinances. Such regulations shall describe the
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conditions of the connection permit, the type of construction
required, and the fees to be paid for the connection permit
thereof.
C. Each premises shall be connected to the public sewers
and/or the wastewater treatment facilities through a separate
connection, unless the Manager determines that a single connection
fully protects the interests of the City. A separate connection
permit shall be obtained for each such connection.
D. A condition of the connection permit shall require that
if, at any future date, the premises is abandoned, the connection
to the public sewer shall be adequately sealed to prevent flow
into the public sewer."
SECTION 25. Section 13.32.290 is added to the San Bernardino
Municipal Code to read:
"13.32.290 Construction of extension to public sewer.
A. Any person desiring to construct an extension to any
public sewer at his own expense shall do so in accordance with
applicable ordinances and with regulations to be promulgated by
the Engineer and approved by the Mayor and Common Council. In
general, cost of such extensions shall be borne by the persons
desiring the extension and, where specified by the regulations,
other persons benefiting from the sewer extension.
B. The Engineer shall be authorized to enter into agreements
with persons desiring to construct sewer extension for the
repayment to the builder of portions of the cost of the extension
when other premises not owned or controlled by the builder are
connected to the system and pay an appropriate connection fee.
All such agreements shall be made pursuant to regulations
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MC~73
, '
.
. . .
1 promulgated by the Engineer and approved by the Mayor and Common
2 Council."
3
SECTION 26. Section 13.32.300 is added to the San Bernardino
4 Municipal Code to read:
5
"13.32.300 Federal categorical pretreatment standards.
6 Upon the effective date of a federal categorical pretreatment
7 standard for a particular industrial category, or other
8 pretreatment standard, the pretreatment standard, if more
9 stringent than limitations imposed under this chapter for sources
10 in that category, shall immediately supersede the limitations
11 imposed under this chapter. The Director shall notify all
12 affected industrial users of the applicable reporting
13 requirements."
14
SECTION 27. Section 13.32.310 is added to the San Bernardino
15 Municipal Code to read:
16
"13.32.310 Confidential information.
17 Information and data on a user obtained from reports,
18 questionnaires, permit applications, permits and monitoring
19 programs and from inspections shall be available to the public or
20 other governmental agency without restriction unless the user
21 specifically requests and is able to demonstrate to the
22 satisfaction of the Director that the release of such information
23 would divulge information, processes or methods of production
24 entitled to protection as trade secrets of the user. When
25 requested by the person furnishing a report, the portions of a
26 report which the Director has determined would disclose trade
27 secrets or secret processes shall not be made available for
28 inspection by the public but shall be made available upon written
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MC-273
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,.
1 request to governmental agencies for uses related to this chapter,
2 the National Pollutant Discharge Elimination System (NPDES)
3 permit, and/or the pretreatment program; provided, however, that
4 such portions of a report shall be available for use by the state
5 or any state agency in judicial review or enforcement proceedings
6 involving the person furnishing the report. Wastewater
7 constituents and characteristics will not be recognized as
8 confidential information."
9
SECTION 28. Section 13.32.320 is added to the San Bernardino
10 Municipal Code to read:
11
"13.32.320 Violation - Penalties.
12
A. Any person, firm or corporation violating any of the
13 provisions of this chapter shall be deemed guilty of a
14 misdemeanor, and such person shall be deemed guilty of a separate
15 offense for each and every day or portion thereof during which any
16 violation of any of the provisions of this chapter is committed,
17 continued or permitted. Upon conviction of any such violation,
18 such person shall be punished by a fine of not more than five
19 hundred dollars, or by imprisonment for not more than six months,
20 or by both such fine and imprisonment.
21
B. If any person discharges sewage, industrial wastes or
22 other wastes into the City's wastewater collection and treatment
23 system contrary to the provisions of this chapter, federal or
24 state pretreatment requirements, or any order of the City, the
25 City Attorney or special counsel for the Board may commence an
26 action for appropriate legal, equitable and/or injunctive relief
27 in any court of competent jurisdiction in the County of San
28 Bernardino.
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.MC-~3 .
.
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1
In addition to the penalties provided herein, the
C.
2 Director may recover reasonable attorney fees, court costs, court
3 reporter fees, and other expenses of litigation by appropriate
4 suit at law or in equity against the person found to have violated
5 this chapter or the orders, rules, regulations and permits issued
6 hereunder."
7 I HEREBY CERTIFY that the foregoing ordinance was duly
8 adopted by the Mayor and Common Council of the City of San
9
Bernardino at an adiourned reqular
meeting thereof, held on
10
the 23rd day of
~1ay
, 1983, by the following vote,
11 to wit:
12
AYES:
Council Members Castaneda, Reilly, Hernandez,
13
Marks, Quiel, Hobbs
14
NAYS:
None
15
ABSENT:
Council Member Strickler
16
j&>>M;? a/V'..-
City Clerk
s =-7.;</A day
17
18
The foregoing ordinance is hereby
19
of
L?/{/-
, 1983.
San Bernardino
20
21
Approved as to form:
22
~~e~
City torney
23
24
25
26
27
28
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