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ORDINANCE NO. JI15 tJ I.UCII.l.E GOfORTH, - CIIItl
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO REIATING TO THE
DISCHARGE OF WASTES INTO THE SEWERAGE SYSTEM OF SAID CITY; AND I
REPEALING ORDINANCE NO. 2278 SECTIONS 121, 122 THROUGH 130 AND 1321
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO I
DO ORDAIN AS FOLLOWS ~ I
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SECTION 1. The sewerage system of the City of San Bernar- I
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CHAPTER I - Waste Discharge
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SUBCHAPTER 1
Preamble and Definitions
dino, hereinafter called the "City," discharges treated effluent
11 into permeable soil structures. The chemical nature of this
12 effluent affects the quality of water flowing in the receiving
13 str~ as well as the quality of underground waters in the
14 vicinity.
15 Regional Water Quality Control Board No~ 8 of the State
16 of California has established limitations upon the chemical
17 content of sewage effluent discharged by the City of San Bernar-
18 dino. Said limitations are reflected by resolutions duly adopted
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from time to time by the Santa Ana River Regional Water Quality
Control Board; and
The City of San Bernardino :mUst regulate the flow of
certain wastes into its sewerage system.
SECTION 2. Unless the context specifically indicates
otherwise, the meaning of the terms used in this Chapter shall
be as follows g
"Person" shall mean any individual, firm, company,
association, society, corporation, or group, and includes the
plural as well as the singular.
"Public sewer" shall mean any sewer located in or main-
tained by the City of San Bernardino in which all owners of
abutting property have equal rights. The term as here used does
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not include storm drains or channels for conveyance of natural
surface waters. ..--
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"City Engineer" shall mean the City Engineer of the City
of San Bernardino or his authorized representative or deputy.
"Industrial Waste Water" shall mean the waste water
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arising from or associated with an industrial operation. Such
operation shall be understood to include the following: Production
or refining of petroleum; production, processing, packing or
canning of fruits, vegetables, meat or beverages; laundering of
clothes in public laundries, public self-service laundries, or
hospitals; production of fertilizer, keeping of livestock or
poultry, and operation of dairies, production or dyeing of
textiles; production of soap and other detergents or chemicals;
production and processing of plastic; cleaning of tanks, tank
cars or barrels; platingVor processing of metals; processing or
reclamation of refuse; all kinds of similar manufacturing,
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processing and servicing operations.
"Operation" includes the
washing of equipment or spaces used in industrial operations.
Industrial waste water does not include the following: Waste
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waters from the operation of restaurants, hotels, schools, single
or multiple residences, places of retail business; vehicle service
facilities, wash racks and garages (See Subchapter 3); regeneration
of water softening apparatus (See Subchapter 4).
"Floatable oil and grease" shall mean the oil and grease
floating to the surface of a sample of water when it is retained
for one hour in a quiescent condition in a vessel with vertical
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walls, filled to the depth of 30 centimeters.
"Floatable hydrocarbon oil" shall mean the amount of
hydrocarbon oil floating to the surface of a sample of the water
under the same condition as prescribed in the definition of
"floatable oil and grease."
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"Water supply" shall mean generally the Cityis supply
serving the area tributary to the Cityis sewage treatment plantso
SUBCHAPI'ER 2
General Restrictions
SECTION 3. Except as hereinafter provided, it shall be
unlawful for any person to discharge or to cause to be discharged
into any public sewer or any opening leading to a public sewer
of the City any of the following:
(a) Any earth, sand, rocks, ashes, gravel, plaster,
concrete, glass, metal filings, or metal or plastic objects,
garbage, or solid or semi-solid material in quantities or volume
which will obstruct the flow of sewage in the sewer or any object
which will cause clogging of a sewage pump or sewage sludge pump,
or interferes with the normal operation of the sewer treatment
planto
(b) Any compound which will produce noxious odor in the
sewer or sewage treatment plant.
(c) Any volatile liquid or substance which can produce
a toxic or flammable atmosphere in the sewer.
(d) Any overflow from any septic tank or cesspool, or
any liquid or sludge pumped from a cesspool or septic tank, except
at such place and in such manner as may be prescribed by the City
Engineer v
(e) Any storm water or any runoff from any field, roof,
yard, driveway, or streeto
(f) Any liquid or vapor which will cause the temperature
of the sewage in the Cityis receiving main to be higher than 140
degrees fahrenheit.
(g) Any radioactive wastes in excess of Federal, State
or County regulations.
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(h) Any material or quantity of material which will
cause significant damage to any part of the sewerage system or
abnormal sulfide generation or abnormal maintenance or operation
costs of any part of the sewerage system or become a nuisance or
menace to public health, or which will cause the City of San
Bernardinois sewage plant effluent to exceed the concentration
limits set by the Regional Water Quality Control Board No.8, in
accordance with Resolution attached hereto, or such subsequent
amendments as shall be duly adopted from time to time by the
Santa Ana River Regional Water Quality Control Board.
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SUBCHAPTER 3
Special Restrictions -
Vehicle Servicing Facility
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SECTION 4. Any facility maintained for the servicing or
repair of roadway machinery or industrial transportation equipment
shall install and maintain a sand-and-oil interceptor. Waste
waters from toilets shall not be allowed to pass through this
interceptor, but all waste waters arising from the servicing and
repair of vehicles shall pass through this interceptor before
discharge to a public sewer of the City of San Bernardino. If the
vehicle servicing facility does not include facilities for the
washing of more than one vehicle at a time, the interceptor shall
have an operation fluid capacity of not less than 6 cubic feet and
an accessible effective water surface not less than 4 square feet.
"Accessible effective water surface" is here understood to mean
a surface which is easily accessible for cleaning and which at
the same time will retain oil floating on the surface of water
passing through the trap under conditions of use. If the vehicle
servicing facility has facilities for washing or otherwise clean-
ing more than one vehicle at a time. the interceptor shall have
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~ an operating fluid capacity of at least 12 cubic feet and an
2, accessible effective water surface of at least 6 square feet. and
3 shall be as much larger than this as is necessary so that a
4 seven-day accumulation of sand and oil will not together fill
5 more than 25% of the fluid capacitYe The interceptor shall be
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designed so as to retain any oil and grease which will float and
any sand which will settlee It shall be watertight and struc-
turally sound and durablee It shall be easily accessible for
cleaning and also for inspection by the City Engineere
SECTION 5e Any interceptor legally and properly installed
at a vehicle servicing facility before the effective date of this
chapter shall be acceptable as an alternative to the interceptor
specified in Section 4. provided such interceptor is effective
in removing sand and oil and is so designed and installed that it
can be inspected and properly maintainede' If the City Engineer
finds either by engineering knowledge or by observation. that
an interceptor is incapable of retaining adequately the sand and
oil in the waste water flow from a vehicle servicing facility. he
shall condemn such interceptor and declare that it does not meet
the requirements of the subchaptere
SECTION 6. The City Engineer shall maintain a file
available for public use. of suitable designs of sand-and-oil
interceptorse This shall be for informational purposee Installa-
tion of an interceptor of a design shown in this file. or of any
design meeting the size requirements set forth in this Subchapter
shall not impute any liability to the City of San Bernardino for
the adequacy of the interceptor under actual conditions of usep
It shall not relieve the owner or proprietor of responsibility
for keeping sand and oil out of the sewere If his interceptor
is not adequate under the conditions of use~ he shall construct
one which is effective in accomplishing the intended purposee
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SECTION 7.
The Plumbing Inspector shall not approve the
2 plumbing of a vehicle servicing or repairing facility if it does
3 not have a sand-and-oil interceptor meeting the requirements of
4 this Subchapter.
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SECTION 80 The sand-and-oil interceptor of a vehicle
6 servicing facility shall be properly maintained. It shall be
7 cleaned as often as is necessary to assure that sand and oil do
8 not accumulate to impair the efficiency of the interceptor. When
9 an interceptor is cleaned, the accumulated sediment and floating
material shall be removed and legally disposed of otherwise than
to a sewer. An interceptor is not considered to be properly
maintained if for any reason it is not in good working condition.
It is not considered to be properly maintained if sand and oil
accumulations total more than 25% of the operating fluid capacity.
15 The owner of any vehicle servicing facility, the lessee and sub-
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lessee, if there be such, and any proprietor, operator or superin-
tendent of such facility are individually and severally liable
for any failure of proper maintenance of such interceptor.
SUBCHAPTER 4
Special Restrictions -
Water Softening Wastes
SECTION 9. Subject to the following restrictions, it shall
24 be lawful for any person to install, replace, enlarge, use or
25[ maintain apparatus for softening all or any part of the water
26 supply to his property. Such apparatus includes zeolite and
27 resinous ion-exchange softeners or demineralizerso and other like
28 devices. RESTRICTIONS~ No water conditioning equipment installed
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replacedo enlarged, used or maintained (including establishments
for regeneration of water softening apparatus) may discharge its
wastes to the sewer if (1) the equipment utilizes in its
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regeneration process more than Oe375 pounds of salt per kilograin
of hardness to be removed, or (2) the maximum capacity of such
equipment exceeds a rated continuous flow of 150 gallons per
minute peak rate, or (3) the equipment contains in excess of 15
cubic feet of minerals, or (4) the equipment is rated to remove
more than 240 kilograins of hardness per day at salt dosage of
Oe25 pounds of salt per kilograin of hardnesse Multiple units
installed to supply water to the same points of use shall be
considered as a single apparatus for the purposes of this sectione
No equipment so restricted nor any establishment for
regeneration of water softener apparatus shall discharge any of
the sodium and chloride to the sewer which results from such
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operations, except as hereinafter provided for in Subchapter 6
Waiverse
SECTION 10Q Within ninety (90) days after the effective
date of this ordinance any person desiring to install, enlarge,
replace, maintain or use any water treating apparatus controlled
by the restrictions in Section 9 shall submit to the City Engineer
a letter describing the existing or intended installation or
alteration and describing the arrangements which will serve to
prevent the improper discharge of the wastee Within ninety (90)
days the City Engineer shall reply, stating whether or not the
disposal arrangements are adequate to insure against the addition
of mineral salts to the sewage. Pre-approved designs will not
require a waiting period. No person shall install, replace,
enlarge, maintain or use a water treating apparatus of a kind
restricted in Section 9 after one hundred eighty (180) days
following the effective date of this ordinance unless he has a
letter from the City Engineer approving as satisfactory the
proposed arrangements for disposal of waste water. except that
the City Engineer shall grant such reasonable extension of time
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1 in excess of the one hundred eighty (180) day period as may be
2 necessary for plant alterations, changes in process or design,
3 acquisition, manufacture, installation and testing of the apparatus
4 or other facilities which additional time the City Engineer agrees
5 is required to effect compliance. Such apparatus may be operated
6 only so long as the method of waste water disposal is as approved
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by the City Engineer. Thereafter, alteration in the method of
disposal may be made only after communication to the City Engineer
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and receipt of a letter of approval as in the first instance.
SECTION 11. A person installing or operating water-treatin1
apparatus of the kind restricted in Section 9 shall make such
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apparatus accessible to the City Engineer for inspection, and I
shall make such reports as the City Engineer may reasonably reques~.
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SUBCHAPTER 5.
Special Restrictions
Industrial Waste Waters
SECTION 12. Any person desiring to discharge industrial
waste water into a public sewer in San Bernardino in an amount
exceeding 100 gallons in anyone day shall submit a letter to the
City Engineer presenting information as to the kind and amount
of industrial waste water produced and discharged by the industria
operations producing the waste water, plans for any pretreatment
facilities planned to prevent discharge of improper materials
to the sewer, and any other pertinent information necessary to
control discharge to the sewerage system as requested by the City
28 Engineer~ Within ninety (90) days the City Engineer shall reply
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to this letter. If the City Engineer finds (1) that the quality
of the waste water and the existing facilities or facility for
which the person furnishes a commitment to install within a
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reasonable period for discharge to the sewer) conform to the
requirements of this and other ordinances of the City) (2) that
any existing or committed pretreatment facilities are adequate,
and (3) that the sewer capacity is available, he shall reply
approving discharge of that waste water to the City. A letter of
approval shall state (1) the nature of the industry and the nature
and the amount of flow which the applicant may discharge to the
sewer, (2) any controls which the City Engineer finds necessary
in order that the sewerage system may serve its intended purpose,
(3) those chemical constituents to be analyzed and reported upon)
and (4) in the event that installation of pretreatment or other
facilities are deemed necessary, the letter shall specify the
period of time granted for the installation of pretreatment or
other facilities. If the City Engineer finds that the proposed I
discharge will not be lawful under this Chapter or other applicabl~
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SECTION 13. If the discharger wishes to make alterations of
laws he shall so notify the applicant, such notification to be
within ninety (90) days of the finding.
pretreatment facilities or alterations of connections to the
sewer, or if he wishes to discharge additional waste or to dis-
charge wastes in excess of the amounts which have been approved or
wastes of a different nature, type, or substance not consistent
with the original letter of approval he shall submit to the City
Engineer a letter requesting approval of such alteration. The
City Engineer shall treat this in the same manner as an original
application under Section 12.
SECTION 14. It shall be unlawful. after one hundred
eighty (180) days from the effective date of this ordinance, for
any person to discharge into the public sewerage system of the
City of San Bernardino, directly or indirectly, any industrial
waste water in excess of 100 gallons a day which is not approved
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as to kind and amounts by a letter from the City Engineer, except
that the City Engineer shall grant such reasonable extensions of
time in excess of the one hundred eighty (180) day period as may
be necessary for plant alterations, changes in process or the
design, acquisition, manufacture, installation and testing of
the committed treatment or other facilities which additional
time the City Engineer agrees is required to effect comp1ianceo
SECTION 150 Except as hereinafter set forth, no industrial
waste shall be discharged to a public sewer unless it conforms to
the requirements set forth in this Chapter for all discharges to
public sewers, and no industrial waste water flow exceeding 100
gallons in anyone day shall be discharged to a public sewer
unless it conforms also to the requirements set forth in this
sectiono Compliance with the requirements of this section shall
be based on the mean values obtained from analysis of industrial
waste samples representative of the quality and quantity of dis-
charge to the sewer at the point of entry of industrial waste to
the public sewer system or if this is not feasible at other points
up the stream of the individual industrial waste dischargeo All
such samples shall be weighted with the flow at the sampling point
to furnish values weighted with time and quantity for each require
chemical constituent.. Wherever deemed practical by the City
Engineer these industrial waste water samples may be composited
with regard to time and quantity and the analysis made from such
composite samp1eso
The following constituent items (a) through (g) are
those shown which the Santa Ana River Regional Water Quality Con-
trol Board specifies limitations for in terms of not exceeding
the water supply plus a given increment of the constituento The
increments given in this ordinance have been increased above thos
specified by the Board to give industrial waste dischargers the
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1 benefit of the dilution of domestic waste dischargese If such
2 discharge dilution is insufficient this ordinance may be amended
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(a) The content of dissolved solids shall not exceed
5 the yearly average dissolved solids in the water supply plus
6 1000 milligrams per 1itere
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(b) The content of sodium-ion shall not exceed the
8 yearly average sodium-ion in the water supply plus 200 milligrams
9 per 1itere
(c) The content of chloride-ion shall not exceed the
yearly average of the chloride-ion in the water supply plus 200
milligrams per 1itere
(d) The content of sulphate (804) shall not exceed the
yearly average of su~phate in the water supply plus 100 milligrams
per 1itere
(e) The content of boron-ion shall not exceed the yearly
average of boron in the water supply plus 1eO milligrams per liter
(f) The content of fluoride-ion shall not exceed the
yearly average of fluoride in the water supply plus 1eO milligrams
per 1itere
(g) The content of hardness expressed as calcium carbonate
shall not exceed the yearly average hardness in the water supply
plus 100 milligrams per 1iterQ
The following items (h) through (m) are those which
relate to the Cityis operation of its own sewers and sewage
treatment works.
(h)
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The content ot total oil and grease shall at no time
exceed 600 milligrams per 1itere
(i) The content of floatable oil and grease shall at no
time exceed 100 milligrams per 1itere
(j) The content of floatable hydro-carbon oil shall at
~o time exceed 100 milligrams per 1itere
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(k) The daily average suspended solids content shall not
2 exceed 1000 milligrams per litere
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(1) The daily average dissolved sulfide content shall
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(m) The pH shall at no time be below 6e
SECTION l6e Toxic constituents shall not exceed the values
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Resolution which are as follows:
Arsenic OelO mg/l
Barium 2.0 mg/l
Cadmium Oe02 mg/l
Cyanide Oe4 mg/l
Hexavalent Chromium OelO mg/l
Lead O,elO mg/l
Selenium Oe02 mg/l
Silver OelO mg/l
SECTION l7e The point of determining compliance with the
provisions of this chapter shall be at the point of discharge to
the public sewerage system or such other upstream sampling point
on the private lateral as mutually agreed upon by the industry
representative and the City Engineer. Where certain wastes are
critical the City Engineer may specify procedures for obtaining
necessary samples and the City Engineer may require that any
persons discharging industrial waste water through the sewer
install a measuring device and that samples be analyzed and
measurements of flows be taken and reported to the City, and
such sampling and measuring device shall be made accessible to
the City Engineer or his authorized representative.
SECTION l8e The letter of approval which shall be
predicated upon compliance with the provisions of Sections 15,
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1 16 and 17 may be revoked by the City Engineer upon a minimum
2 notice of three (3) days when it is found that the discharge which
3 the letter approves is in fact in violation of the provisions
4 of this chapter.
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SECTION 19. Nothing in this Subchapter shall be construed
as lessening the applicability of other requirements of this
Chapter.
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SUBCHAPTER 6
Waivers
SECTION 20. If any discharge to a public sewer contains or
may contain constituents which will cause it to fail to conform to
any of the requirements set forth hereinbefore in Subchapters 4 an
5, but the City Engineer finds that (1) the discharge will not
cause harm to the sewerage system nor unreasonably or inequitably I
burden the operation of the system and (2) when considered to-
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gether with similar excesses in discharges of others limited by I
Subchapters 4 and 5, will not materially affect the ability of the'
City to meet the requirements of the Regional Water Quality
Control Board on the Cityis sewage effluent discharge, he shall
grant approval for discharge to the sewer with waiver or modifi-
cation of the requirement which would not be met. Establishments
restricted in discharge of sodium and chloride under Section 9
herein, shall be permitted by the City Engineer to discharge up
to 30% by weight of the regenerating chemicals to the sewer.
To make use of this provision the establishment must
provide the City Engineer with monthly notarized records of the
weight of all regeneration chemicals purchased and the weight of
all such chemicals used in regeneration, and the City Engineer
must be satisfied that controls are so established that discharge
of the chemicals to the sewer will be limited as provided above.
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In his letter of approval he shall include a statement regarding
the requirement that is waived with reasons as to why the waiver
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3 is reasonable. A copy of this letter shall be filed with the
4 City Clerk. Any waiver granted pursuant to this section shall be
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subject to withdrawal at any time the City Engineer makes a sub-
sequent finding that the City sewerage system is burdened or the
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ability of the City to meet Regional Water Quality Control Board
Noo 8 requirements is materially affectedQ
SECTION 21. Those discharging toxic constituents as itemiz d
in Section 16 will not be held in violation of that section of
this ordinance as long as the sewage treatment plant effluent does
not exceed these requirements unless damage is caused to the
sewerage system by the discharge of such constituentsQ
SUBCHAPTER 7
General Provisions
SECTION 22. It shall be unlawful for any person to dis-
charge or cause to be discharged into any storm drain or storm
water channel or natural water course) whether currently carrying
water or not) or into any pipe or waterway leading to such drain)
channel or water course) any solid or fluid material which will
impair the useful functioning of such drain) channel) or water
course) or which will cause expense to the City) or other public
agency) in maintaining the proper functioning of same) or which
will cause public nuisance or public hazard or which will cause
detrimental pollution of natural surface or subsurface watersQ
SECTION 23Q It shall be unlawful for any person to deposit
or discharge or cause to be deposited or discharged into any
sump which is not impermeable or into any pit or well, or onto
the ground) or into any storm drain or water course any material
which by seeping underground or by being leached or by reacting
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with the soil is detrimental to the usable underground waters and
exceeds the range of the effects of ordinary non-industrial land
uses on underground waters into which such wastes may seep, or
which will violate any requirements of Regional Water Quality
Control Board N09 8.
SECTION 249 Decisions, judgments or findings made by the
City Engineer pursuant to this Chapter may be appealed to the
City Council. The City Council may amend, modify, confirm or
reject any such decision, judgment or finding (including waivers)
provided the purpose and intent of this Chapter is not violated.
No appeal shall be made with respect to the specific requirements
pertaining to quality, content or type of disposal of waste
water that may be discharged, as contained in Sections 15 and 16,
Subchapters 2 and 3, and the limit on regeneration chemicals
discharged to the sewer as set forth in Subchapter 6.
SECTION 25. Wherever in this Chapter time limits are
established or periods of compliance or extensions thereof are
specified, the commencement date for computing such periods of
time limits for areas annexed to the City of San Bernardino sub-
sequent to enactment of this Chapter shall be the official
annexation date. This section shall have no application to firms
or industries established subsequent to the annexation datee
SECTION 269 All the provisions of this Ordinance are to
be reasonably interpretede It is the intent herein to recognize
that there are varying degrees of hazard to the underground waters
and to apply the principle that the degree of protection should
be commensurate with the degree of hazarde
SECTION 27e Any person, firm or corporation violating
any of the provisions of this ordinance shall be guilty of a
misdemeanor, and upon conviction thereof shall be punishable by
a fine of not more than three hundred dollars ($300.00) or by
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1 imprisonment for a period of not more than three (3) months,
2 or by both such fine and imprisonmento Each such person, firm
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or corporation shall,be deemed guilty of a separate offense for
every day during any portion of which any violation of any
provisions of this chapter is committed, continued or permitted
by such person, firm or corporation, and shall be punishable
therefore as provided by this sectiono
SECTION 28. The invalidity of any article, section,
clause, sentence>> or provision of this ordinance shall not affect
the validity of any other part which can be given effect without
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such invalid part or partso
SECTION 290 This ordinance is supplemental and additional
to the provisions of Ordinance Noo 2278 and in the event of a
direct conflict therewith, the provisions of this ordinance shall
be controllingo
SECTION 30. Ordinance No. 2278 Sections 121, 122 through
130 and 132 are hereby repealed.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San Bernar-
dino at aM
/11P"//l/7Jul hiP/in/;/' meeting thereof held on the
~/lLm/d1/ . 1969 by the following vote, to wit:
CO=cl~Z:!!~~)h/:~::=~
-/j~/
181U/'
ibUday of
AYES ~
NOES~
ABSENT~
of
The foregoing
-tJfl;ml-vA.!
(-~~~
ordinance is hereby approved tliis ~/ day
, 19690
Approved as to form~
.~~ 1)
A-'~"".l4fL,.
C~ty torney
May#tthrd: ~t ~rdmo
.