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CITY OF SAN BERt ARDINO - REQUEST 'OR COUNCIL ACTION
, '" '
From:
Bernard Kersey
Subject:
Amendment to Chapter 13.32 of thE
Municipal Code regarding Waste-
water Facilities; to update loca:
limits of discharges and violatic
penalties.
Dept:
Water
Date:
April 29, 1992
Synopsis of Previous Council action:
Recommended motion:
That further reading of the ordinance be waived and it be laid over for
final adoption.
L4L~ (! L7
/ Signature
Cheryl Flowers
Phone:
5393
Contact person:
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
~~
l CI~Y OF SAN BERLRDINO - REQUEST UR COUNCIL ACTION
STAFF REPORT
April 1, 1992.
The Board of Water commissioners has approved recommended
amendments to Chapter 13.32 of the Municipal Code which regulates
wastewater facilities. The amendments have been developed to meet
the new changes in the requirements of the Environmental Protection
Agency (E.P.A.) Pretreatment Program for publicly owned treatment
works (POTWs). As federal law changes, state Water Resources
Control Board (SWRCB) regulations and local ordinances must be
amended in order to maintain permits for the operation of POTWs.
The E.P.A. recently promulgated comprehensive revisions to the
General Pretreatment Regulations. The regulations were adopted in
their final form on October 17, 1988 (S3 Federal Register 40562)
and became effective in November 1988. We were not required to
address the legal review of our ordinance prior to our yearly "mini
audit" by E.P.A.; these changes were completed in early 1990 for
inclusion in our 5-year update. The amendments proposed will bring
our program into compliance with the revised Federal requirements.
Additionally, a Pretreatment Compliance Inspection (PCI) was
conducted by the Regional Water Quality Control Board (RWQCB) in
1991 and mandated that the City a) develop an Enforcement Response
Plan, b) revise the local limits for EPA and RWQCB approval, and c)
escalate. enforcement actions. These regulatory changes are the
basis for the major amendments to the San Bernardino Municipal Code
as discussed herein and presented in the Ordinance for
consideration.
staff and John Carollo Engineers drafted an update of San
Bernardino's 1987 local pretreatment limits to be applied to
industrial and commercial facilities; 'an update is required for
each POTW every 5 years. Our proposed ordinance revisions were
approved by the RWQCB in early 1992 and must now be approved by the
Board of Water Commissioners and the Mayor and Common council. The
local limits are approved by the RWQCB and must be enforced by the
POTW for compliance with NPDES permits.
The purpose of establishing local pretreatment limits for a
wastewater treatment plant is to restrict the quantity of various
pollutants that enter the sewer system and protect the treatment
plant from industrial discharge. If these are not restrict;ed,
inhibition, pass through, or exceedance of sludge quality criteria
may occur.
Inhibition occurs when pollutant concentrations impair biological
activity in the activated sludge or anaerobic digestion processes.
Pass through or exceedance of sludge quality criteria occurs when
the concentration of a pollutant entering a wastewater treatment
facility is so high that the treatment facility processes cannot
...,c:._n"'~A
reduce it to meet NPDES permit levels, water quality standards or
sludge quality criteria.
To develop local limits for San Bernardino, inhibition, pass
through, and sludge quality factors, along with sampling program
data were used in conjunction with the EPA software program,
Prelim. The Prelim program computes the maximum allowable loading
for each pollutant that may enter the plant without causing
inhibition, pass through, or exceedance of sludge quality criteria,
then distributes this load among industrial discharges.
The allowable industrial discharge limits (concentration) were
determined by taking the allowable industrial loading for each
pollutant (as designated by the EPA, SWRCB and RWQCB), dividing
that loading by the total industrial flow coming in to the POTW,
and converting that quantity to a concentration.
This concentration then becomes the limit established for each
industry. It is automatically allocated by flow quantity to each
industry in the City that discharges to the POTW. This means that
regardless of whether that industry contributes any of that
pollutant to industrial flow, a limit will be established for it.
It also means that industries who do contribute that particular
pollutant to industrial flow will be required to contribute less
because the total allowable industrial load for each pollutant is
divided among all 21 industries, instead of only four or five that
actually contribute that pollutant. This "uniform concentration
method" is the most conservative of the methods available and also
is the most efficient method for San Bernardino to administer local
limits in a sewer ordinance.
The new toxic pollutant limitations for discharges are in most
cases, significantly stricter than those adopted in 1987. However,
Water Department staff has determined that there should be no
significant economic impact to the majority of industrial customers
and there will be none to commercial customers. Several major
industrial customers have recently put into place measures to
reduce the waste load at their sites thereby reducing the impact to
San Bernardino's facilities and their costs incurred for treatment
at the POTW.
San Bernardino was also required by both EPA and the RWQCB to
upgrade our enforcement program. Therefore, an Enforcement
Response Plan was prepared for the Department and the penalties
section of the Municipal Code is proposed for amendment to allow
the Department to fine violators of the discharge limits $1,000 per
day per violation, as regulated by 40CFR 40.38 (VI) (A). Violators
would also be published in the local newspaper on an annual basis.
The E.P.A. and State Water Resources Board have approved San
Bernardino's revisions, as addressed herein. The City of San
Bernardino Board of Water Commissioners is recommending that the
Mayor and Common Council adopt Ordinance No.
1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 13.32 OF
THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER FACILITIES,
3 TO REVISE INDUSTRIAL LIMITATIONS FOR DISCHARGE INTO SEWER SYSTEM,
TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS,
4 TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS, AND TO
MAKE VARIOUS TECHNICAL CORRECTIONS.
5
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
6 ORDAIN AS FOLLOWS:
7 SECTIONS:
8 13.32.010 Findings.
9 A.
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13 B.
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21 D.
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The wastewater facilities of the City discharge treated
effluent to the Santa Ana River Bed. This effluent can affect
the quality of stream flow in the river and the quality of the
receiving groundwaters.
Existing federal and state laws and regulations establish
limitations on the nature of all effluent discharged to
waterways, to the surface, or underground.
The California Regional Water Quality Control Board (CRWQCB),
Santa Ana Region, has established limitations on the
concentration of selected biological and chemical constituents
of the effluent discharged by the City. Said limitations are
set forth in orders duly adopted by the CRWQCB.
In order to comply with the requirements contained in those
orders, the City must regulate the content of wastes
discharged into its public sewers and/or wastewater treatment
facilities.
This chapter establishes requirements for
discharges into the public sewers and/or wastewater treatment
facilities of the City in order to enable the City to comply
with the administrative provisions of the Clean Water Grant
Regulations, the requirements of the CRWQCB with regard to
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1 effluent limitations, national standards of performance, and
2 with other criteria required or authorized by federal or state
3 legislation. (Ord. 3693 S 1, 1977.)
4 13.32.020 Payment for expansion of public sewers and/or
5 wastewater treatment facilities.
6 The public sewers and/or wastewater treatment facilities of the
7 City require, from time to time, expansion of the public sewer
8 system. Where such expansion benefits only a limited area, the
9 cost of the expansion should properly be borne by those properties
10 or property owners directly benefiting. This chapter contains the
11 policy regarding payment for construction of and acceptance of such
12 expansion. (Ord. 3693 S 2, 1977.)
13 13.32.030 Pretreatment or equalization facilities.
14 In order to ensure proper operation of the public sewers and/or
15 wastewater treatment facilities, certain pretreatment or
16 equalization facilities for wastewater discharging to the
17 wastewater facilities may be necessary. This chapter contains
18 regulations concerning these appurtenances. (Ord. 3693 S 3, 1977.)
19 13.32.040 settinq of user charqes.
20 This chapter provides for the setting of user charges and fees for
21 the equitable distribution of all costs of financing, maintaining
22 and operating the system and developing the necessary reserve funds
23 to ensure future operation of the system. These charges and fees
24 are in accordance with good engineering and fiscal practices and
25 comply with all applicable governmental regulations regarding the
26 operation of the public sewers and/or wastewater treatment
27 facilities of the city. (Ord. 3693 S 4, 1977).
28 / / / / /
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1 13.32.050 Definitions.
Unless the context specifically indicates otherwise, the
meaning of the terms used in this chapter shall be as follows:
1. "Applicant" means any person or corporate body desiring
to create a new or revised discharge of nondomestic
wastewater.
2. "Board" means the City of San Bernardino Board of Water
Commissioners.
3. "City" means the city acting through its elected
officials and authorized representatives.
4. "Director" means the Director of Water Reclamation, or
his authorized representative, or any City officer who
subsequently is empowered to assume or succeed to the
duties of said Director.
5. "Domestic wastewater" means wastewater from residences
and wastewater from other premises resulting from
personal use of water for washing or sanitary purposes.
6. "Engineer" means the Director of Public Works/City
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 40CFR
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.
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9.
10.
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"Interference" means a discharge which alone or in
conjunction with a discharge or discharge from other
sources both inhibits or disrupts the Publicly Owned
Treatment Works (POTW) in the treatment processes or
operations or its sludge processes, use or disposal of
which is a cause of violation of any requirement of the
POTW's National Pollutant Discharge Elimination System
permit (NPDES), (including an increase of the magnitude
or duration of a violation) 40CFR 403.3 (1).
"Industrial wastewater" means the same as nondomestic
wastewater.
"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.
"National Pollutant Discharge Elimination System
(NPDES) Permit" is a permit to discharge wastes to
waters of the united States pursuant to the Clean Water
Act.
"New Source" means any building structure, facility or
installation from which there is or may be a discharge
of pollutants. 40CFR 403.3(K).
"Nondomestic
polluted
wastewater
industrial
wastewater"
means
other than domestic wastewater, or
wastewater mixed with domestic wastewater.
"Pass through" means the discharge of pollutants
through the wastewater treatment facilities into
navigable waters in quantities or concentrations which
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16.
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are a cause of, or significantly contribute to, a
violation of any requirement of the treatment works
National Pollution Discharge Elimination system permit.
"Permit" means that document permitting a user to
discharge nondomestic wastewater to the public sewers
and/or wastewater treatment facilities.
"Permittee" means the holder of a valid permit.
"Publicly Owned Treatment Works (POTW) " means a
treatment works owned by a state or municipality which
includes any devices and systems used in the storage,
treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. The
term also means the municipality which has jurisdiction
over the discharges from such treatment works.
"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.
"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 sewer system. The term as
herein used does not include storm drains or channels
for conveyance of natural surface waters.
"Significant Industrial User" means all industrial
users subject to Categorical Pretreatment Standards
under 40CFR 403.6 and 40CFR Chapter I, Subchapter N;
and any other industrial user that discharges an
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average of 25,000 gallons per day or more of process
wastewater to the POTW [excluding sanitary, noncontact
cooling and boiler blow down wastewater]; contributes
a process waste stream which makes up 5 percent or more
of the average dry weather hydraulic or organic
capacity of the POTW treatment plant; or is designated
as such by the Control Authority as defined in 40CFR
403.12[a] on the basis that the industrial user has a
reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or
requirement (in accordance with 40CFR 403.8[f][6]).
Upon a finding that an industrial user meeting this
definition has no reasonable potential for adversely
affecting the POTW's operation or for violating any
pretreatment standard or requirement, the City may at
any time, on its own initiative or in response to a
petition received from an industrial user or POTW, and
in accordance with 40CFR 403.8[f][6], determine that
such industrial user is not a significant industrial
user.
"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.
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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.
23 . "User" means any person, his heirs, executors,
administrators, or assigns, and also includes a firm,
company, association, society, corporation, or group,
governmental facili ties, to include City, state or
Federal agencies, who or which uses the wastewater
facilities of the city.
24. "Wastewater facilities" means the structures,
equipment, and processes required to treat domestic and
nonsanitary wastes and dispose of the effluent.
25. "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.
Definitions of all chemical, biological, and other technical
terms shall be the same as defined in the Code of Federal
Regulations Part 136 or the seventeenth 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 Federation. (Ord.
26 MC-571, 12-22-86; MC-273, 5-23- 83; Ord. 3693 S 5, 1977.)
27 40CFR 3.12.
28 / / / / /
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1 13.32.060 compliance required prior to issuance of certificate of
2 occupancy.
3 No certificate of occupancy shall be issued and no premises shall
4 be occupied until the owner, occupant, or tenant of the premises
5 has complied with all rules and regulations of this chapter. (Ord.
6 MC-273, 5-23-83; Ord. 3693 S 6, 1977.)
7 13.32.070 Connection required.
The owner of any premises used for human occupancy,
employment, recreation, or other purposes situated within the
City taking access from any street, easement or vehicle way,
is required to connect the premises directly to the City sewer
system. The owner may petition the Mayor and Common Council
for reimbursement of the costs under San Bernardino Municipal
Code section 13.08.080 for that portion of the line extension
over three hundred feet as measured from the point of the
connection with the existing sewer facilities to the point
where the extension enters the lot, parcel or tract to be
serviced.
The Director of Public Works/City Engineer may waive or
modify, the requirement to connect to the City sewer system
where one or more of the following conditions exist:
1. The proposed .single family residential development will
be built upon a lot larger than one-half acre, or the
proposed commercial/industrial development will
generate less than 200 gallons of domestic sewage per
day (based upon 1t5 gallons of sewage per day per
employee); and there is a natural obstruction, such as
a hill, stream or adverse grades, that prevents the
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practical extension of a sewer line to serve the
development.
The proposed residential development of four (4) units
or less is an in-fill Droiect, where structures exist
on at least 75% of the block and none are connected to
the sewer system.
The proposed development will not generate any sewage.
The proposed development is an addition to an existing
structure and is less than 25% in area of the existing
structure, and does not exceed 1,000 square feet.
A waiver to connect to the City sewer system shall not
be construed as approval for installation of a septic
tank. Permits for construction of septic tanks will be
subject to the normal environmental review and approval
process by the Department of Building and Safety.
All waivers granted are temporary in nature, in that
when a main sewer line is constructed within three
hundred (300) feet of the property, connection to the
sewer system will be required within one hundred twenty
(120) days of notification. The owner of the property
receiving a waiver to sewer connection must sign and
record an agreement waiving their right, and the right
of any successors in interest, to protest the future
formation of a sewer assessment district which includes
this property.
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1 This section shall only be applicable to developments
2 for which a building permit is issued after the
3 effective date of this ordinance. (Ord. 663, 6-5-89.)
4 C. An administrative fee, in the amount of $500.00 shall be paid
5 to the Director of Public Works/City Engineer for all requests
6 for a waiver of the condition to connect to the City sewer
7 system. (Ord. MC-680, 10-2-89, Ord. MC-614, 12-7-87; Ord. MC-
8 273, 5-23-83; Ord. 3693 S 7, 1977.)
9 13.32.080 Unlawful discharqes.
10 Except as hereinafter provided, it is unlawful for any person to
11 discharge or to cause to be discharged into any public sewer or any
12 opening leading to a public sewer of the City any of the following:
Earth, sand, gravel, rock, ashes, plaster, concrete, glass,
metal filings, metal or plastic objects, garbage, or any other
solid, semisolid, or viscous material in quantities or volumes
sufficient to obstruct the flow of sewage in any sewer or
sewer pumping station;
Any pollutant released in a discharge at a flow rate or
pollutant concentration which will cause interference with the
normal operation of the treatment plant;
Any compound which produces or may produce noxious odor in the
public sewers and/or wastewater treatment facilities;
Any volatile liquid or substance which produces or may produce
a toxic, explosive, or flammable atmosphere in public sewers
and/or wastewater facilities;
Any wastewater from any septic tank or cesspool, except at
such place and in such manner as may be prescribed by the
Director;
13 A.
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Any storm water ,drainage runoff, excess irrigation water.
Clear, unpolluted water for the purposes of dilution as
partial or complete substitute for adequate treatment to
achieve compliance with a pretreatment standard is also
prohibited (40CFR 403.6(D);
Any substance which causes or may cause the temperature of the
sewage in any public sewer to be higher than one hundred forty
degrees Fahrenheit or the wastewater treatment plant effluent
to be higher than one hundred four degrees Fahrenheit;
Any radioactive wastes in excess of federal, state, or county
regulations;
Any material or quantity of material which causes or may cause
damage to any part of the public sewers or wastewater
treatment facilities, or abnormal sulfide generation or
abnormal maintenance or operation costs of any part of the
public sewers or wastewater treatment facilities;
Any pollutant which causes or may cause corrosive structural
damage to the wastewater facilities, but in no case discharges
with pH lower than 5.0 nor greater than 9.0;
Any toxic materials in excess of the quantities presented in
the table set forth in this subparagraph, or in excess of the
established in a resolution hereafter adopted by
1 F.
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6 G.
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10 H.
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12 I.
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17 J.
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20 K.
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22 quantities
23 City;
24 / / / / /
25 / / / / /
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TABLE 1
TOXIC POLLUTANT LIMITATIONS
Pollutant
Arsenic
Cadmium
Chromium
Copper
cyanide
Lead
Mercury
Nickel
Phenol
Silver
Zinc
Total Toxic
Concentration
0.9
0.2
2.3
0.7
1.5
2.2
0.1
2.3
2.13
2.5
3.4
Organics 2.13
(ma /1)
Any substance which causes or may cause significant color
increase beyond natural background levels of the water supply;
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or
pass through.
Any substance or material which causes or which may cause
chemical imbalance in the wastewater treatment procedures,
processes or reactions, or which adversely affects, changes
or disrupts any operation or function of the public sewer
and/or wastewater treatment facilities by any means.
Pollutants introduced into the wastewater treatment facilities
by a nondomestic source shall not pass through the wastewater
treatment facilities or cause interference with the operation
or performance of the works. (Ord. MC-571, 12-22-86; Ord.
MC-273, 5-23-83; Ord. 3693 S 8, 1977.) 40CFR 403.5.
Any trucked or hauled pollutants, except at discharge points
27 13.32.090 Limits of maximum individual discharges.
designated by the POTW.
28 No individual discharge of wastewater shall be discharged to a
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1 public sewer if the maximum levels of the constituents exceed the
2 following limits:
3
Constituent
Concentration (mall)
6
Total Dissolved Solids
Sodium
Chloride
Sulfate
Boron
Fluoride
Total Hardness
500
210
210
180
1.0
3.8
100
4
5
7
8 (Ord. MC-571, 12-22-86; Ord. MC-273, 5-23-83; Ord. 3693 S 9, 1977.)
9 13.32.100 Restrictions on water-softening wastes.
10 A.
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17 B.
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20 C.
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It is unlawful to install, replace, or enlarge apparatus for
softening all or any part of the water supply to any
residential premises when such apparatus is an ion-exchange
softener or demineralizer of the type that is regenerated on
the site of use, except as otherwise authorized by the
provisions of California Health and Safety Code Sections 4045
through 4049, inclusive, and any amendment thereto.
This section shall not apply to existing units nor to
apparatus of the type which is regenerated off-site by a water
conditioning company.
This section shall not apply to any type of commercial or
industrial softening apparatus, which will be considered
individually in connection with nondomestic wastewater
controls. (Ord. MC-273, 5-23-83; Ord. 3693 S 10, 1977.)
24 13.32.110 Inspection of water-treating apparatus.
25 A person installing or operating water-treating apparatus of any
26 kind shall make such apparatus accessible to the Director for
27 inspection at all times and shall make such reports relative to
28 such apparatus as the Director may request. (Ord. MC-273, 5-23-83;
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lOrd. 3693 S 11, 1977.)
2 13.32.120 Nondomestic wastewater -- Permit required.
Any person desiring to create a new or revised discharge of
wastewater other than domestic wastewater into the public
sewer and/or wastewater treatment facilities shall obtain a
wastewater discharge permit from the Director. Permits shall
be issued by the Director in accordance with the provisions
of this chapter and such regulations as may be established
from time to time by the Director.
The applicant shall submit an application on forms provided
by the Director presenting information as to the kind and
amount of wastewater to be produced and discharged, plants and
pretreatment facilities, and any other pertinent information,
all as required by the Director. All permit and other
reporting requirements must be signed by a responsible
corporate official or other duly authorized person having
overall responsibility for the operation of the facility.
Within thirty days after its receipt, the Director shall act
on the application. If the Director finds that the proposed
discharge conforms to the requirements of this chapter and
other applicable laws and regulations of the City and the
state, and that sewer capacity is available, he shall approve
the application and issue either a significant user or a
nonsignificant user discharge permit. The significant user
permit shall state (1) the nature of the premises and the
nature and the amount of flow which the user proposes to
discharge; (2) any conditions that the Director considers
necessary; (3) those chemical constituents to be analyzed and
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1 reported upon; and (4) baseline monitoring information,
2 self-monitoring reports and 90-day compliance reports as
3 forwarded to the Director and as required of all industrial
4 users subject to categorical Pretreatment standards (ref.
5 40CFR 403.12). In the event that a pretreatment equipment
6 installation schedule is established prior to the issuance of
7 a permit, the applicant shall provide a compliance summary or
8 report for approval, maintain periodic compliance reports and
9 provide a final compliance report prior to permit approval and
10 issuance. The non-significant user permit shall state (1) the
11 nature of the premises and the nature and the amount of flow
12 which the user proposes to discharge; (2) any conditions that
13 the Director considers necessary; and (3) those chemical
14 constituents to be analyzed and reported upon.
15 All reports must be signed by a corporate official and must
16 contain the certification statement as found in 40CFR
17 403.6(a) (2) (11). All information records must be held for a
18 period of no less than three years. (40CFR 403.12) (Ord.
19 MC-571, 12-22-86; Ord. MC-273, 5- 23-83; Ord. 3693 S 12,
20 1977.)
21 13.32.130 Nondomestic wastewater -- Desiqn and installation of
22 plants and equipment.
23 A. If the Director requires pretreatment or equalization of waste
24 flows, the design and installation of the plants and equipment
25 shall be subject to the requirements of all applicable codes,
26 resolutions, ordinances, and laws. Such plants and equipment
27 shall be constructed at the permittee's expense.
28 Responsibility for design, installation, and operation of such
- 15 -
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facilities to meet discharge requirements shall be the full
responsibility of the permittee.
Grease, oil, and sand interceptors shall be required when, in
the opinion of the Director, they are necessary for the proper
handling of liquid wastes containing grease in excessive
amounts, sand, or other harmful materials which can be removed
readily by grease, oil, and sand interceptors. All such
interceptors shall be of a type and capacity approved by the
Director, and shall be located so as to be readily and easily
accessible for cleaning and inspection. said interceptors
shall be regularly cleaned and maintained by applicant to
prevent any intercepted materials from entering the public
sewer.
When required by the Director, the permittee shall install a
suitable control manhole, together with such meters and other
appurtenances necessary to facilitate observations, sampling,
and measurement of the wastes. Such manhole shall be
accessible and safely located, and shall be constructed in
accordance with plans approved by the Director and the
Engineer. The Director may require the segregation of
domestic wastewaters from all industrial wastewaters until the
industrial wastewaters have passed through any required
pretreatment system or device, or the industrial wastewater
control manhole. The manhole shall be installed by and at the
permittee's expense, and shall be maintained by the permittee
so as to be safe and accessible at all times. If required,
the permittee shall monitor the waste in accordance with a
monitoring schedule established by the Director.
- 16 -
1 D.
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In the event that the flow of wastewater generated at the
premises by the user is significantly different than the flow
of delivered potable water, the user may be required to
install in addition to a wastewater flow meter, a flow
measurement device on the potable water supply if not already
installed.
The Director shall inspect the facilities of any user to
ascertain whether the purpose of this chapter is being met and
all requirements are being complied with. Persons or
occupants of premises where wastewater is created or
discharged shall allow the Director ready access at all
reasonable times to all parts of the premises for the purpose
of inspection, sampling or records examination. copies of all
records pertaining to process/plant or wastewater producing
operations shall be made available to the Director. In the
event of a proprietary process or operation, the records will
be treated as confidential in accordance with the established
confidentiality procedures at the treatment works. The
Director shall have the right to set up on the user's property
such devices as are necessary to conduct sampling inspection,
compliance monitoring and/or metering operations. Where a
user has security measures in force which would require proper
identification and clearance before entry into the premises,
the user shall make all necessary arrangements with its
security guards so that upon presentation of suitable
identification, personnel from the City will be permitted to
enter without delay, for the purposes of performing their
specific responsibilities. (Ord. Me-571, 12-22-86; Ord.
- 17 -
1 MC-273, 5-23-83; Ord. 3693 S 13, 1977.)
2 13.32.140 Hondomestic wastewater Alterations from proposal --
3 Hew application required.
4 If the permittee makes substantial alterations in the permitted
5 discharge flow or quantities, he shall promptly notify the Director
6 in advance and submit a new application to the Director notifying
7 of such changes. The Director shall treat the new application in
8 the same manner as an original application, but may, at his
9 discretion, modify the existing permit rather than issue a new
10 permit. All dischargers shall notify the Director immediately of
11 all discharges which could cause problems to the POTW including
12 slug loadings. (Ord. MC-273, 5-23-83; Ord. 3693 S 14, 1977).
13 13.32.150 Hondomestic wastewater -- Permit modification.
14 within 90 days of the promulgation of any new or changed federal
15 categorical pretreatment standards, which are more restrictive than
16 the limitations established in this chapter, the wastewater
17 discharge permi t of users subj ect to such standards shall be
18 revised to require compliance with such standards within the time
19 frame prescribed by such standards. (Ord. MC-273, 5-23-88; Ord.
20 3693 S 15, 1977.)
21 13.32.160 Hondomestic wastewater -- Issuance of permit predicated
22 upon compliance with conditions of permit.
23 A. Any permit issued by the Director shall be predicated upon and
24 subject to compliance with conditions of the permit and the
25 provisions of this chapter. The permit may be suspended or
26 revoked immediately by the Director when it is determined by
27 the Director that the discharge which the permit approves is
28 / / / / /
- 18 -
in violation of the provisions of this chapter or any
conditions or requirements established in the permit.
Any person notified of a suspension of the wastewater
treatment service and/or revocation of the wastewater
discharge permit shall immediately stop or eliminate the
contribution. In the event of a failure of the person to
comply voluntarily with the suspension and/or revocation
order, the Director shall take such steps as he deems
necessary, which may include immediate severance of the sewer
connection, to prevent or minimize damage to the wastewater
facilities or endangerment to any individuals. The Director
shall reinstate the wastewater discharge permit and/or the
wastewater treatment service upon proof of the elimination of
the noncomplying discharge. A detailed written statement
submitted by the user describing the causes of the harmful
contribution and the measures taken to prevent any future
occurrence shall be submitted to the City within fifteen days
of the date of occurrence. (Ord. MC-273, 5-23-83; Ord. 3693
19 S 16, 1977).
20 13.32.170 Kondomestic wastewater -- Discharge permit required.
21 All nondomestic wastewater dischargers proposing to connect to or
22 contribute to the wastewater facilities shall obtain a wastewater
23 discharge permit before connecting to or contributing to the
24 wastewater facilities. All existing nondomestic wastewater
25 dischargers connected to or contributing to the wastewater
26 facilities shall apply for and obtain a wastewater discharge permit
27 within ninety days after the effective date of this chapter;
28 however, said permit may not be issued until all conditions and
- 19 -
1
2
3 B.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
1 requirements contained in this chapter are met. COrd. MC-273,
2 5-23-83; Ord. 3693 S 17, 1977).
3 13.32.180 Charqes -- Payment of base charqes.
4 All premises which are served by a connection to the public sewers
5 and/or wastewater treatment facilities of the City, or situated on
6 real property adjoining an existing public sewer and not connected
7 thereto, shall be charged, and the user thereof shall pay base
8 charges as described in this section.
Private dwelling units shall be charged a fixed monthly fee
for each individual dwelling unit. Such fee shall be
established by resolution. The fee shall be adequate to
realize from the private residential users so charged an
amount sufficient to cover the share of costs of the sewerage
facilities attributable to this class of users. The costs
shall include all costs of financing, maintaining and
operating the system and developing the necessary reserve
funds to ensure operation of the system.
Commercial residential units, nondomestic users, and all other
users except private dwelling units shall be charged on the
basis of total water consumption for the comparable water
billing period. The rate for such charges shall be
established by resolution. The fees shall be adequate to
realize from the class of users so charged an amount
sufficient to cover the share of costs of the sewerage
facilities attributable to this class of users. The costs
shall include all costs of financing, maintaining and
operating the system and developing the necessary reserve
funds to ensure future operation of the system. Industrial
- 20 -
9 A.
10
11
12
13
14
15
16
17
18 B.
19
20
21
22
23
24
25
26
27
28
premises discharging nondomestic wastewater shall be billed
on the basis of the amount of wastewater flow specified in the
permit or determined by actual flow measurement. It is
recognized that the amount of wastewater generated by a given
premises is normally less than the water consumed by that
premises.
The charges provided for in this chapter are based on the
assumption that the percentage of wastewater produced from
water consumed is approximately the same for all users
included in a given billing category. If the Board determines
that for a particular user or group of users the above
assumption is not correct and if the percentage of wastewater
produced from water consumed is significantly different from
the percentage under the existing billing concept, the Board
may modify the existing billing concept to invoke an equitable
charge to the user. The rate for such amended charges shall
be established by resolution. To support such amended charges,
the user may be required to install facilities as set forth
in section 13.32.130 of this chapter.
The Board shall establish a rate of charges for a user when
the user's wastewater is derived, either in part or in full
from a source other than the City's potable water supply. A
source of supply includes, but is not limited to, any material
which is transported onto the user's premises. (Ord. MC-273,
5-23-83; Ord. 3693 S 18, 1977.)
26 13.32.200 Charqes Determination of quantity and quality of
27 discharqe.
28 The point for determining quantity and quality of discharge shall
- 21 -
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8
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20 D.
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1 be at the point of discharge to the public sewer or such other
2 sampling point as may be determined by the Director. Where certain
3 wastes are critical, the Director may specify procedures for
4 obtaining necessary samples and may require the collection and
5 submittal of such samples by the discharger. (Ord. MC-273, 5-23-83;
6 Ord. 3693 S 20, 1977.)
7 13.32.210 Charqes -- Industrial wastewater discharqe permit.
8 All industrial wastewater dischargers shall be required to pay an
9 industrial wastewater discharge permit fee and monitoring fees, and
10 a nondomestic wastewater discharge inspection fee. The amount of
11 these fees shall be established by resolution of the Board. (Ord.
12 MC-571, 12-22-86; Ord. MC-273, 5-23-83; Ord. 3693 S 21, 1977.)
13 13.32.220 Payments.
The charges herein fixed for any premises shall be collected
with the charges and rates for water service furnished to the
premises, by the City, or other public water purveying agency.
The charges herein fixed shall be billed upon the same bill
as is prepared for charges for water service and shall be due
and payable monthly at the same time that such charges for
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.
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
- 22 -
14 A.
15
16
17
18
19
20
21
22
23 B.
24
25
26
27
28
any charges necessitated by resumption of such services and
facilities have been fully paid.
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 bimonthly 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.
It shall be the duty of the Municipal Water Department of the
City to collect all charges provided herein.
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. (Ord.
MC-273, 5-23-83; Ord. 3693 S 22, 1977.)
19 13.32.230 Deposits from sumps.
20 It is unlawful for any person to deposit or discharge or cause to
21 be deposited from any sump which is not impermeable or from any pit
22 or well, onto the ground, into any storm drain in a public road or
23 street, any material which could create a pollution hazard or
24 nuisance in any ground or surface waters. (Ord. MC-273, 5-23-83;
25 Ord. 3693 S 23, 1977).
26 13.32.250 Discharqes from annexed areas.
27 Any discharges from premises in areas not presently being served
28 which are annexed to the City subsequent to the enactment of this
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1
2
3 C.
4
5
6
7
8
9
10
11
12
13 D.
14
15 E.
16
17
18
1 chapter shall be considered new discharges. (Ord. MC-273, 5-23-83;
2 Ord. 3693 S 25, 1977.)
3 13.32.260 Commencement date for computing time limits.
4 Wherever in this chapter time limits are established or periods of
5 compliance are specified, the commencement date for computing such
6 time limits for areas annexed to the City subsequent to December
7 15, 1977, shall be the official annexation date. (Ord. MC-273,
8 5-23-83; Ord. 3693 S 26, 1977.)
9 13.32.280 Connection permit required.
Any person wishing to connect any premises to the public
sewers and/or wastewater treatment facilities for purposes of
discharging domestic or nondomestic wastes to a public sewer
shall first obtain a connection permit. This permit shall be
authorization to physically connect the premises to a public
sewer or to a lateral line connecting to a public sewer. The
connection permit is separate and distinct from a discharge
permit which must be obtained for a discharge of nondomestic
waste as outlined in section 13.32.120.
Connection permits shall be issued by the Engineer in
accordance with regulations to be promulgated by him and
applicable ordinances. Such regulations shall describe the
conditions of the connection permit, the type of construction
required, and the fees to be paid for the connection permit
thereof.
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
- 24 -
10 A.
11
12
13
14
15
16
17
18
19 B.
20
21
22
23
24
25 C.
26
27
28
1 separate connection permit shall be obtained for each such
2 connection.
3 D. A condition of the connection permit shall require that if,
4 at any future date, the premises is abandoned, the connection
5 to the public sewer shall be adequately sealed to prevent flow
6 into the public sewer. COrd. MC-273, 5-23-83; Ord. 3693 S 28,
7 1977 . )
8 13.32.290 construction of extension to public sewer.
9 A. Any person desiring to construct an extension to any public
10 sewer at his own expense shall do so in accordance with
11 applicable ordinances and with regulations to be promulgated
12 by the Engineer and approved by the Mayor and Common Council.
13 In general, cost of such extensions shall be borne by the
14 persons desiring the extension and, where specified by the
15 regulations, other persons benefiting from the sewer
16 extension.
17 B. The Engineer shall be authorized to enter into agreements with
18 persons desiring to construct sewer extension for the
19 repayment to the builder of portions of the cost of the
20 extension when other premises not owned or controlled by the
21 builder are connected to the system and pay an appropriate
22 connection fee. All such agreements shall be made pursuant
23 to regulations promulgated by the Engineer and approved by the
24 Mayor and Common Council. COrd. MC-273, 5-23-83.)
25 13.32.300 Federal cateqorical pretreatment standards.
26 Upon the effective date of a federal categorical pretreatment
27 standard for all users subject to Categorical Pretreatment
28 Standards, or other pretreatment standard, the pretreatment
- 25 -
1 standard, if more stringent than limitations imposed under this
2 chapter for sources in the category, shall immediately supersede
3 the limitations imposed under this chapter. The Director shall
4 notify all affected industrial users of the applicable reporting
5 requirements. (Ord. MC-273, 5-23-83.)
6 13.32.310 Confidential information.
7 Information and data on a user obtained from reports,
8 questionnaires, permit applications, permits and monitoring
9 programs and from inspections shall be available to the public or
10 other governmental agency without restriction unless the user
11 specifically requests and is able to demonstrate to the
12 satisfaction of the Director that the release of such information
13 would divulge information, processes or methods of production
14 entitled to protection as trade secrets of the user. When
15 requested by the person furnishing a report, the portions of a
16 report which the Director has determined would disclose trade
17 secrets or secret processes shall not be made available for
18 inspection by the public but shall be made available upon written
19 request to governmental agencies for uses related to this chapter,
20 the National Pollutant Discharge Elimination System (NPDES) Permit,
21 and/or the pretreatment program; provided, however, that such
22 portions of a report shall be available for use by the state or any
23 state agency in judicial review or enforcement proceedings
24 involving the person furnishing the report. Wastewater
25 constituents and characteristics will not be recognized as
26 confidential information. (Ord. MC-273, 5-23-83). 40CFR 403.12 (0) .
27 13.32.320 violation -- Penalties.
28 A. Any industrial discharger, subject to Pretreatment Standards,
- 26 -
that violates discharge permit limitations is subject to a
fine of $1000.00 per day per violation. (40CFR 403.8(VI) (A).
If any person discharges sewage, industrial wastes or other
wastes in the City's wastewater collection and treatment
system contrary to the provisions of this chapter, federal or
state pretreatment requirements, or other noncompliance
actions, the City Attorney or special counsel for the Board
may commence an action for appropriate legal, equitable and/or
injunctive relief in any court of competent jurisdiction in
the County of San Bernardino.
In addition to the penalties provided herein, the Director may
terminate water/sewer service and recover reasonable attorney
fees, court costs, court reporter fees, and other expenses of
litigation by appropriate suit at law or in equity against the
person found to have violated this chapter or the orders,
rules, regulations and permits issued hereunder. (Ord. MC-571,
12-22-86; Ord. MC-460, 5-13-85; Ord. MC-273, 5-23-83.)
In accordance with Federal law the City will publish a list
19 of violators at least annually in a newspaper with major
20 circulation within the POTW service area. 40CFR
21 403.8 (F) (VII) .
22 / / / / /
23 / / / / /
24 / / / / /
25 / / / / /
26 / / / / /
27 / / / / /
28 / / / / /
1
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3 B.
4
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11 C.
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18 D.
- 27 -
ORDINANCE OF THE .~EY OF SAN BERNARDINO AMENDING ~
BER\lARDINO MUNICIPl\L CODE...
PTER 13.32 OF THE SAN
1 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
3 regular meeting thereof, held on the
day of
4 1992, by the following vote, to wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
13
14
Rachel Krasney, city Clerk
15
16 The foregoing ordinance is hereby approved this
day of
, 1992.
17
18
19
w. R. Holcomb, Mayor
City of San Bernardino
20
21
Approved as to form
22 and legal content:
23
24
City Attorney
25
26
27
28
- 28 -
1
Chapter 13.32
WASTEWATER FACILITIES
sections:
13.32.010 Findings.
13.32.020 Payment for expansion of public sewers and/or
wastewater treatment facilities.
13.32.030 Pretreatment of equalization facilities.
13.32.040 Setting of user charges.
13.32.050 Definitions.
13.32.060 Compliance required prior
certificate of occupancy.
to
issuance
of
13.32.070 Connection required.
13.32.080 Unlawful discharges.
13.32.090 Limits of maximum individual discharges.
13.32.100 Restrictions on water-softening wastes.
13.32.110 Inspection of water-treating apparatus.
13.32.120 Nondomestic wastewater Permit required.
13.32.130 Nondomestic wastewater Design and installation
of plants and equipment.
13.32.140 Nondomestic wastewater Alterations
proposal -- New application required.
from
13.32.150 Nondomestic wastewater -- Permit modification.
13.32.160
Nondomestic wastewater
predicated upon compliance
permit.
Issuance of permit
with conditions of
13.32.170 Nondomestic wastewater Discharge permit
required.
13.32.180 Charges Payment of base charges.
13.32.190 CharfJCD EXCCDD DtrcRl)th aurcharfJc.
2
13.32.200 Charges -- Determination of quantity and quality
of discharge.
13.32.210 Charges -- Industrial wastewater discharge permit.
13.32.220 Payments.
13.32.230 Deposits into sumps.
13.32.240 BriRe Waotco.
13.32.250 Discharges from annexed areas.
13.32.260 Commencement date for computing time limits.
13.32.270 IRterpretatioft of pre~ioioRo.
13.32.280 Connection permit required.
13.32.290 Construction of extension to public sewer.
13.32.300 Federal categorical pretreatment standards.
13.32.310 Confidential information.
13.32.320 violation
Penalties.
13.32.010 Pindings.
A. The wastewater facilities of the City discharge treated
effluent to the Santa Ana River Bed. This effluent can affect
the quality of stream flow in the river and the quality of the
receiving groundwaters.
B. Existing federal and state laws and regulations establish
limitations on the nature of all effluent discharged to
waterways, to the surface, or underground.
C. The California Regional Water Quality Control Board OOQRHOSiOO,
Santa Ana Region, has established limi tations ...............oh................t:he
concentration of selected biological and chemical constituents
of the effluent discharged by the City. Said limitations are
set forth in orders duly adopted by the Beard Slilgl.
D. In order to comply with the requirements contained in those
orders, the city must regulate the content of wastes
discharged into its public sewers and/or wastewater treatment
facilities. This chapter establishes requirements for
discharges into the public sewers and/or wastewater treatment
facilities of the city in order to enable the City to comply
with the administrative provisions of the Clean Water Grant
3
Regulations, the requirements of the Board CRWaQl with regard
to effluent limitations, national standard:s':':':':':crr-=':':':'performance,
and with other criteria required or authorized by federal or
state legislation. COrd. 3693 S 1, 1977.)
13.32.020 Payment for expansion of public sewers and/or wastewater
treatment facilities.
The public sewers and/or wastewater treatment facilities of the
City require, from time to time, expansion of the public sewer
system. Where such expansion benefits only a limited area, the
cost of the expansion should properly be borne by those properties
or property owners directly benefiting. This chapter contains the
policy regarding payment for construction of and acceptance of such
expansion. COrd. 3693 S 2, 1977.)
13.32.030 Pretreatment or equalization facilities.
In order to ensure proper operation of the public sewers and/or
wastewater treatment facilities, certain pretreatment or
equalization facilities for wastewater discharging to the
wastewater facilities may be necessary. This chapter contains
regulations concerning these appurtenances. COrd. 3693 S 3, 1977.)
13.32.040 setting of user charges.
This chapter provides for the setting of user charges and fees for
the equitable distribution of all costs of financing, maintaining
and apcratioft Afi!iilin9 the system and developing the necessary
reserve funds .t.(j".........e.hsu:f"e future operation of the system. These
charges and fees are in accordance with good engineering and fiscal
practices and comply with all applicable governmental regulations
regarding the operation of the public sewers and/or wastewater
treatment facilities of the City. COrd. 3693 S 4, 1977).
13.32.050 Definitions.
A. Unless the context specifically indicates otherwise, the
meaning of the terms used in this chapter shall be as follows:
1. "Applicant" means any person or corporate body desiring
to create a new or revised discharge of nondomestic
wastewater.
2. "Board" means the City of San Bernardino Board of Water
commissioners.
3. "City" means the city acting through its elected
officials and authorized representatives.
4
4. "Director" means the Director of Water Reclamation, or
his authorized representative, or any City officer who
subsequently is empowered to assume or succeed to the
duties of said Director.
5. "Domestic wastewater" means wastewater from residences
and wastewater from other premises resulting from
personal use of water for washing or sanitary purposes.
6. "Engineer" means the Director of Public Works/City
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 40CFR
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.
R!Ij~je9iil:ien~j:jjj~ge~~j~j:~ijj:j~:jMjie:mj!!~WRn~l~jj~jj:~~~I:ggIBj~~~:~~I:g!j:tjjqjj~j~~~~j~~j~*~I:~Mr"......................................................................
lJJ.:l:
"Industrial wastewater" means the same as nondomestic
wastewater.
~11M:
"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.
~'ll&ME..I.'I.llll.l!."l1t
-__1t."III.'_1I11'''lIt
111[:1:
"Nondomestic wastewater" means polluted wastewater other
than domestic wastewater, or industrial wastewater
I~S]~~
~+!~~~~\
~IJ7~~t
W~~ff
!~!~~t~
5
ocmeiRoa m!H~ with domestic wastewater.
"Pass through" means the discharge of pollutants through
the wastewater treatment facilities into Ravi~ataBlo
fiAM~liU~1 water; in quantities or concentrationi which
.ii"i"e.............a.............C"ause of", or significantly contribute ....... to, a
violation of any requirement of the treatment works
National Pollution Discharge Elimination System permit.
"Permit" means that document permitting a user to
discharge nondomestic wastewater to the public sewers
and/or wastewater treatment facilities.
"Permittee" means the holder of a valid permit.
"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.
"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 sewer system. The term as herein used
does not include storm drains or channels for conveyance
of natural surface waters.
6
!~BE:
2:2::~~r "Un its"
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.
2:3.:::;i!::'
"User" means any person, his heirs, executors,
administrators, or assigns, and also includes a firm,
company, association, society, corporation, or group,
governmental facili ties, to include ci ty , state or
Federal agencies, who or which uses the wastewater
facilities of the city.
I~~j~j~j~'
"Wastewater facilities" means the structures, equipment,
and processes required to treat domestic and nonsani tary
wastes and dispose of the effluent.
2[S]@
"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 Code of Federal
Regulations Part 136 or the seventeenth 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 Federation. (Ord.
MC-571, 12-22-86; MC-273, 5-23- 83; Ord. 3693 S 5,1977.)
40CFR 3.12.
7
13.32.060 Compliance required prior to issuance of certificate of
occupancy.
No certificate of occupancy shall be issued and no premises shall
be occupied until the owner, occupant, or tenant of the premises
has complied with all rules and regulations of this chapter. (Ord.
MC-273, 5-23-83; Ord. 3693 S 6, 1977.)
13.32.070 Connection required.
A. The owner of any premises used for human occupancy,
employment, recreation, or other purposes situated within the
City taking access from any street, easement or vehicle way,
is required to connect the premises directly to the City sewer
system. The owner may petition the Mayor and Common Council
for reimbursement of the costs under San Bernardino Municipal
Code section 13.08.080 for that portion of the line extension
over three hundred feet as measured from the point of the
connection with the existing sewer facilities to the point
where the extension enters the lot, parcel or tract to be
serviced.
B. The Director of Public Works/City Engineer may waive or
modify, the requirement to connect to the City sewer system
where one or more of the following conditions exist:
1. The purpaocEl p~gpQiO~a single family residential
development wilr..:.:.:be..:.:.:.buIlt upon a lot larger than one-
half acre, or the proposed commercial/industrial
development will generate less than 200 gallons of
domestic sewage per day (based upon 15 gallons of sewage
per day per employee); and there is a natural
obstruction, such as a hill, stream or adverse grades,
that prevents the practical extension of a sewer line to
serve the development.
2. The proposed residential development of four (4) units
or less is an in-fill Droiect, where structures exist on
at least 75% of the block and none are connected to the
sewer system.
3. The proposed development will not generate any sewage.
4. The proposed development is an addition to an existing
structure and is less than 25% in area of the existing
structure, and does not exceed 1,000 square feet.
A waiver to connect to the City sewer system shall not
be construed as approval for installation of a septic
tank. Permits for construction of septic tanks will be
subject to the normal environmental review and approval
8
process by the Department of Building and Safety.
All waivers granted are temporary in nature, in that
when a main sewer eftel:Wfii is constructed within three
hundred (300) feet of ....the.... property, connection to the
sewer system will be required within one hundred twenty
(120) days of notification. The owner of the property
receiving a waiver to sewer connection must sign and
record an agreement waiving their right, and the right
of any successors in interest, to protest the future
formation of a sewer assessment district which includes
this property.
This section shall only be applicable to developments
for which a building permit is issued after the
effective date of this ordinance. (Ord. 663, 6-5-89.)
C. An administrative fee, in the amount of $500.00 shall be paid
to the Director of Public Works/City Engineer for all requests
for a waiver of the condition to connect to the City sewer
system. (Ord. MC-680, 10-2-89, Ord. MC-614, 12-7-87; Ord. MC-
273, 5-23-83; Ord. 3693 S 7, 1977.)
13.32.080 Unlawful 4ischarqes.
Except as hereinafter provided, it is 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. Earth, sand, gravel, rock, ashes, plaster, concrete, glass,
metal filings, metal or plastic objects, garbage, or any other
solid, semisolid, or viscous material in quantities or volumes
sufficient to obstruct the flow of sewage in any sewer or
sewer pumping station;
B. Any aBject iR exccoa af aRe aRd aRe half iRchea iR leR~th ar
width Yhich cauoea ar ~~.Y....fJ.~.\:i.~.~...~.1..~.tJEJ.~.~.'....~~....~....~.~~~!.~....~~....~J~~!.c;
iitiii,t.iYtI{'1I4!JIW'R-ffl
C. Any compound which produces or may produce noxious odor in the
public sewers and/or wastewater treatment facilities;
D. Any volatile liquid or substance which produces or may produce
a toxic, explosive, or flammable atmosphere in~ public sewers
and/or wastewater facilities;
E. Any o..~erfla\l Ril!fill!il from any septic tank or cesspool,
except at such......15TiiC"er......iihd in such manner as may be prescribed
by the Director;
9
F. Any storm water, drainage runoff, excess irrigation water ~
othcr clear, anpellated water ether than domcstic waatewatcr:i
IIlr_.~~--ii
G. Any substance which causes or may cause the temperature of the
sewage in any public sewer to be higher than one hundred forty
degrees Fahrenheit or the wastewater treatment plant effluent
to be higher than one hundred four degrees Fahrenheit;
H. Any radioactive wastes in excess of federal, state, or county
regulations;
I. Any material or quantity of material which causes or may cause
damage to any part of the public sewers or wastewater
treatment facilities, or abnormal sulfide generation or
abnormal maintenance or operation costs of any part of the
public sewers or wastewater treatment facilities;
J. Any pollutant which causes or may cause corrosive structural
damage to the wastewater facilities, but in no case discharges
with pH lower than 5.0 nor greater than 9.0;
K. Any toxic materials in excess of the quantities presented in
the table set forth in this subparagraph, or in excess of the
quantities established in a resolution hereafter adopted by
City;
TABLE 1
TOXIC POLLUTANT LIMITATIONS
L.
Pollutant Concentration (mall)
Arsenic ~ :tUmg
g~~:~m E (I
cyanide .g,...& :IEt&
Lead 2 . 2 ............
Mercury 0.1
Nickel ~ '2~[{:3.~
Phenol ~ !miWI
Silver 2 . 5 ...............
Zinc ~ :iN:[~I:
mgM!i*1~~1~1J!!tE1ie~~1~~il'.!n1i~E~j:~IIII~j~~1~1j~~~~I~j~~:j:~!:
iiiiIii~i~~f~~9iiiii..illi.iili1ii
10
M. ARY aUBst.aRoe vhieh OaHSeS er lIla}' eaHse si~RifioaRt oalor
iRorease BeyaBs Bat.Hyal Bao]t~raHBs le9:els af t.he water sUI'Ply 1
L..l".lllf6ll_lIlill-._1
N. Any substance or material which causes or which may cause
chemical imbalance in the wastewater treatment procedures,
processes or reactions, or which adversely affects, changes or
disrupts any operation or function of the public sewer and/or
wastewater treatment facilities by any means. Pollutants
introduced into the wastewater treatment facilities by a
nondomestic source shall not pass through the wastewater
treatment facilities or cause interference with the operation
or performance of the works. (Ord. MC-571, 12-22-86; Ord.
MC-273, 5-23-83; Ord. 3693 S 8, 1977.) 40CFR 403.5.
1.1.~"'.t.Pl1[.~1iil.l$BJt..~G.1!.
13.32.090 Limits of maximum individual discharges.
No individual discharge of wastewater shall be discharged to a
public sewer if the maximum iftOrClIleRto ;@M@;I of the constituents
e~:cr thase iR the water sUI'Ply exceed tnEit.....l.oIlowing limits:
Constituent
Total Dissolved Solids
Sodium
Chloride
Sulfate
Boron
Fluoride
Total Hardness
Concentration (mall)
~
%
%
-6&
1.0
-h-S
100
!lljl
:Itfl
:ffi!M~
:!Jml:
(Ord. MC-571, 12-22-86; Ord. MC-273, 5-23-83; Ord. 3693 S 9, 1977.)
13.32.100 Restrictions on water-softening wastes.
A. It is unlawful to install, replace, or enlarge apparatus for
softening all or any part of the water supply to any
residential premises when such apparatus is an ion-exchange
softener or demineralizer of the type that is regenerated on
the site of use, except as otherwise authorized by the
provisions of California Health and Safety Code Sections 4045
through 4049, inclusive, and any amendment thereto.
B. This section shall not apply to existing units nor to
apparatus of the type which is regenerated off-site by a water
conditioning company.
11
C. This section shall not apply to any type of commercial or
industrial sOftening apparatus, which will be considered
individually in connection with nondomestic wastewater
controls. (Ord. MC-273, 5-23-83; Ord. 3693 S 10, 1977.)
13.32.110 xnspection of water-treatinq apparatus.
A person installing or operating water-treating apparatus of any
kind shall make such apparatus accessible to the Director for
inspection at all times and shall make such reports relative to
such apparatus as the Director may request. (Ord. MC-273, 5-23-83;
Ord. 3693 S 11, 1977.)
13.32.120 Hondomestic wastewater -- Permit required.
A. Any person desiring to create a new or revised discharge of
wastewater other than domestic wastewater into the public
sewer and/or wastewater treatment facilities shall obtain a
wastewater discharge permit from the Director. Permits shall
be issued by the Director in accordance with the provisions of
this chapter and such regulations as may be established from
time to time by the Director.
B. The applicant shall submit an application on forms provided by
the Director presenting information as to the kind and amount
of wastewater to be produced and discharged, plants and
pretreatment facilities, and any other P~.~:;~.l.l.~~:t:...J.l.l.~~~.~:t:~.C?~.,
Iillatl,\t.._.1
C. within thirty days after its receipt, the Director shall act
on the application. If the Director finds that the proposed
discharge conforms to the requirements of this chapter and
other applicable laws and regulations of the City and the
iii;i&i~~~~i:iii:~ii;~f?~,i=i.i.i.
i)"erliirt..........shiill...........sff~i€e............frr..........thEf.......'iia ture of the pr.eml.s.e.s...........iiiid..........the
nature and the amount of flow which the user proposes to
discharge; (2) any conditions that the Director considers
necessary; (3) those chemical constituents to be analyzed and
reported upon; and (4) baseline monitoring information,
self-monitoring reports and BABliM compliance soncaulc
rcportiR(Ef iRf arma tiOR, if rcfluir.ccf;..........dh'~..!..!........~.~.......!.~.!:~~.!:.~.~.~.......~.~.......~~.~
12
.i#afiX$$fieU prior to the issuance of a permit, the applicant
snait~provlde a compliance summary or report for approval,
maintain periodic compliance reports and llfililt a fil'l.~.~
I .
1977.)
13.32.130 Nondomestic wastewater -- Desiqn and installation of
plants and equipment.
A. If the Director requires pretreatment or equalization of waste
flows, the design and installation of the plants and equipment
shall be subject to the requirements of all applicable codes,
resolutions, ordinances, and laws. Such plants and equipment
shall be constructed at the permittee's expense.
Responsibility for design, installation, and operation of such
facilities to meet discharge requirements shall be the full
responsibility of the permittee.
B. Grease, oil, and sand interceptors shall be required when, in
the opinion of the Director, they are necessary for the proper
handling of liquid wastes containing grease in excessive
amounts, or ....~f.\y.....J.~.ii.lftB\aBle vaatco, sand, or other harmful
ift~rcdicRto mAII.W.Wi which can be removed readily by grease,
oil, and sand......Tiit"EiFceptors. All such interceptors shall be of
a type and capacity approved by the Director, and shall be
located so as to be readily and easily accessible for cleaning
and inspection. Said interceptors shall be regularly cleaned
and maintained by applicant to prevent any intercepted
materials from entering the public sewer.
c. When required by the Director, the permittee shall install a
suitable control manhole, together with such meters and other
appurtenances necessary to facilitate observations, sampling,
and measurement of the wastes. Such manhole shall be
accessible and safely located, and shall be constructed in
accordance with plans approved by the Director and the
Engineer. The Director may require the segregation of
domestic wastewaters from all industrial wastewaters until the
industrial wastewaters have passed through any required
pretreatment system or device, or the industrial wastewater
13
control manhole. The manhole shall be installed by and at the
permittee's expense, and shall be maintained by the permittee
so as to be safe and accessible at all times. If required,
the permittee shall monitor the waste in accordance with a
monitoring schedule established by the Director.
D. In the event that the flow of wastewater generated at the
premises by the user is significantly different than the flow
of delivered potable water, the user may be required to
install in addition to a wastewater flow meter, a flow
measurement device on the potable water supply if not already
installed.
E. The Director shall inspect the facilities of any user to
ascertain whether the purpose of this chapter is being met and
all requirements are being complied with. Persons or
occupants of premises where wastewater is created or
discharged shall allow the Director ready access at all
reasonable times to all parts of the premises for the purpose
of inspection, sampling or records examination. copies of all
records pertaining to process/plant or wastewater producing
operations shall be made available to the Director. In the
event of a preprietery pgllll@>>11Y process or operation, the
records will be treated.a:.s......"Cchif..id.eiitial in accordance with the
established confidentiality procedures at the treatment works.
The Director shall have the right to set up on the user's
property such devices as are necessary to conduct sampling
inspection, compliance monitoring and/or metering operations.
Where a user has security measures in force which would
require proper identification and clearance before entry into
the premises, the user shall make all necessary arrangements
with its security guards so that upon presentation of suitable
identification, personnel from the City will be permitted to
enter without delay, for the purposes of performing their
specific responsibilities. (Ord. MC-571, 12-22-86; Ord.
MC-273, 5-23-83; Ord. 3693 S 13, 1977.)
13.32.140 Nondomestic wastewater -- Alterations from proposal
New application required.
If the permittee wiahea te .alee uHal substantial alterations Wn
t~~S~l:~~
notify the Director in advance and submit a new application to the
Director rCElucatiREj appreval fipl$lslns of such changes. The
Director shall treat the new appTlca€Ibn in the same manner as an
original application, but may, at his discretifJ.I'l.L...~fJ..q.~J.Y.......~~~
itiIJ1.itl4~i~..i'ii'l!fl~.I'I~
14
13.32.150 Nondomestic wastewater -- Permit modification.
within ftift~ mORtha B\Qt\1\\\W~:IMi of the promulgation of any new or
changed federal categ<5'f""fcal"......pretreatment standards, which are more
restrictive than the limitations established in this chapter, the
wastewater discharge permit of users subject to such standards
shall be revised to require compliance with such standards within
the time frame prescribed by such standards. (Ord. MC-273, 5-23-88;
Ord. 3693 S 15, 1977.)
13.32.160 Nondomestic wastewater -- Issuance of permit predicated
upon compliance with conditions of permit.
A. Any permit issued by the Director shall be predicated upon and
subject to compliance with conditions of the permit and the
provisions of this chapter. The permit may be suspended or
revoked immediately by the Director when it is determined by
the Director that the discharge which the permit approves is
in violation of the provisions of this chapter or any
conditions or requirements established in the permit.
B. Any person notified of a suspension of the wastewater
treatment service and/or revocation of the wastewater
discharge permit shall immediately stop or eliminate the
contribution. In the event of a failure of the person to
comply voluntarily with the suspension and/or revocation
order, the Director shall take such steps as he deems
necessary, which may include immediate severance of the sewer
connection, to prevent or minimize damage to the wastewater
facilities or endangerment to any individuals. The Director
shall reinstate the wastewater discharge permit and/or the
wastewater treatment service upon proof of the elimination of
the noncomplying discharge. A detailed written statement
submitted by the user describing the causes of the harmful
contribution and the measures taken to prevent any future
occurrence shall be submitted to the city within fifteen days
of the date of occurrence. (Ord. MC-273, 5-23-83; Ord. 3693
S 16, 1977).
13.32.110 Nondomestic wastewater -- Discharqe permit required.
All nondomestic wastewater dischargers proposing to connect to or
contribute to the wastewater facilities shall obtain a wastewater
discharge permit before connecting to or contributing to the
wastewater facilities. All existing nondomestic wastewater
dischargers connected to or contributing to the wastewater
facilities shall apply for and obtain a wastewater discharge permit
within ninety days after the effective date of this chapter;
however, said permit may not be issued until all conditions and
requirements contained in this chapter are met. (Ord. MC-273,
5-23-83; Ord. 3693 S 17, 1977).
15
13.32.180 Charges -- payment of base charges.
All premises which are served by a connection to the public sewers
and/or wastewater treatment facilities of the City, or situated on
real property adjoining an existing public sewer and not connected
thereto, shall be charged, and the user thereof shall pay base
charges as described in this section.
A.
B.
Private dwelling units shall be charged a fixed monthly fee
for each individual dwelling unit. Such fee shall be
established by resolution. The fee shall be adequate to
realize from the private residential users so charged an
amount sufficient to cover the share of costs of the sewerage
facilities attributable to this class of users. The costs
shall include all costs of financing, maintaining and
operating the system and developing the necessary reserve
funds to ensure operation of the system.
Commercial residential units, nondomestic users, and all other
users except private dwelling units shall be charged on the
basis of total water consumption for the comparable water
billing period. The rate for such charges shall be
established by resolution. The fees shall be adequate to
realize from the class of users so charged an amount
sufficient to cover the share of costs of the sewerage
facilities attributable to this class of users. The costs
shall include all costs of financing, maintaining and
operating the system and developing the necessary reserve
funds to ensure future operation of the system. Industrial
premises discharging nondomestic wastewater shall be billed on
the bas i.~....~~.....~h~....~.~.C?~~~.....C?~....~~.~.~~lf.'~.~~:r......~.~.C?~... .~.P.<<a..~ .~.~J ed in the
~:~~~ii~~~~~~~"~bY a I;iV~~
premises is normally less than the water consumed by that
premises.
Sir
The charges provided for in this chapter are based on the
assumption that the percentage of wastewater produced from
water consumed is approximately the same for all users
included in a given billing category. If the Board determines
that for a particular user or group of users the above
assumption is not correct and if the percentage of wastewater
produced from water consumed is significantly different from
the percentage under the existing billing concept, the Board
may modify the existing billing concept to invoke an equitable
charge to the user. The rate for such amended charges shall
be established by resolution. To support such amended charges,
the user may be required to install facilities as set forth in
Section 13.32.130 of this chapter. rrcmiaca E1iacaarCJift~
RSRssmestie wastcwatcr aball alae BC subject to cxceaa
strcRCJth aurcaarCJc aa pre~iaca fer ift ~cctioft 13.32.190, ift
16
additiea te 7elam~ ehar~~a Baa~d ea tetal vater oeftsamptiea.
~R]~j:
The Board shall establish a rate of charges for a user when
the user's wastewater is derived, either in part or in full
from a source other than the city's potable water supply. A
source of supply includes, but is not limited to, any material
which is transported onto the user's premises. (Ord. MC-273,
5-23-83; Ord. 3693 S 18, 1977.)
13.32.198 Gharges
Exe8SB B~reBgth Bureharg8.
Aay prcmiocs dioehar~ift~ wastewater vita a strca~ta af aay
ooastitacat ~rcater thaa ta~ fellewia~ itcmizatiaao, ahall pay an
cxccss strca~th oarchar~~ ia eaftfarmaaoe vita a aohcdalc
cstaBliahcd BY the Beara. Exo~ss str~a~ta ourchar~e ahall BC made
meftthly. Thc ratc fer aHOft ohar~ca ahall B~ cstablishcd BY
reaelatiea aad ahall BC Based ea thc tetal ~Kocsa peaada ef
coastitucat 8iaehar~ca duria~ thc Billia~ pcried.
Suopcn8cd Selido
OSDe8BtratisB
(iB .g,'liter)
390
300
OSBstitueBts
B.O.D.
(Ord. He 273, S 23 831 Ord. 3693 S 19, 1977.)
13.32.200 Charges -- Determination of quantity and quality of
discharge.
The point for determining quantity and quality of discharge shall
be at the point of discharge to the public sewer or such other
upatream sampling point as may be mutually a~recd apea BY thc
diooharqcr and 1~IIPm~n@g8PY the Director. Where certain wastes
are critical, tlie.........tfi"re.C't.of'........may specify procedures for obtaining
necessary samples and may require the collection and submittal of
such samples by the discharger. (Ord. MC-273, 5-23-83; Ord. 3693 S
20, 1977.)
13.32.210 Charges -- Industrial wastewater discharge permit.
All industrial wastewater dischargers shall be required to pay
either eft ~fi industrial wastewater discharge permit fee and
monitoring ....tees, ~ lOB a nondomestic wastewater discharge
inspection fee. The amount of these fees shall be established by
resolution of the Board. (Ord. MC-571, 12-22-86; Ord. MC-273,
5-23-83; Ord. 3693 S 21, 1977.)
13.32.220 payments.
A. The charges herein fixed for any premises shall be collected
with the charges and rates for water service furnished to the
17
premises, by the City, or other public water purveying agency.
The charges herein fixed shall be billed upon the same bill as
is prepared for charges for water service and shall be due and
payable monthly at the same time that such charges for
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 bimonthly 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. (Ord.
MC-273, 5-23-83; Ord. 3693 S 22, 1977.)
13.32.230 Deposits from sumps.
It is unlawful for.~!l:y.person to deposit or discharge or cause to
be deposited ~ Igim any sump which is not impermeable or ~
:#it&1i any pit or wel'l..;..........onto the ground, eF into any storm drain in
:a::':':':':':':public road or street, any material which could create a
pollution hazard or nuisance in any ground or surface waters.
(Ord. MC-273, 5-23-83; Ord. 3693 S 23, 1977).
13.32.249 BriBe Wastes.
Brinc vaatca Rot pcrmitted to Be diachar~ed iRtO thc City public
aevcra and/or waatcvatcr trcatmcRt facilities by the provisions of
thia chapter may bc dischar~cd into an cvaporatioR pORd at the
vastcwatcr trcatmcRt facilitica, aubjeet to the approval of aRa
18
BUBj~at te th~ availaBility ef fr~~ Baara in th~ ~~aparatiea pena
in a manner ap~eifi~a BY the Baara. A fee eat.abliohes BY thc
Direeter ans appreved BY the Beard ahall Be paid BY the diaaBar~er
ta the City fer all Brine wastes disehar~ed inta the evaparatian
pand. (Ord. MC 273, S 23 831 Ord. 3693 S 24, 1977.)
13.32.250 Discharqes from annexe4 areas.
Any discharges from premises in areas not presently being served
which are annexed to the City subsequent to the enactment of this
chapter shall be considered new discharges. (Ord. MC-273, 5-23-83;
Ord. 3693 S 25, 1977.)
13.32.260 commencement 4ate for computinq time limits.
Wherever in this chapter time limits are established or periods of
compliance are specified, the commencement date for computing such
time limits for areas annexed to the City subsequent to December
15, 1977, shall be the official annexation date. (Ord. MC-273,
5-23-83; Ord. 3693 S 26, 1977.)
13.32.270 IBterpretatieB ef previsisBS.
All pro7isieno af thio chapter are te Be reasoaably interpreted.
It is the intent. herein ta rcco~nize that there are ~aryiR~ de~reco
af acc~racy pasoiBle YAcn dealiR~ vith waotcvater fleys and that
thc ae~ree of accuracy employes ohouls be cammeRaurate vith thc
se~rce af hazard ta the recei~in~ at.ream aRd to the pUBlic. (Ord.
Me 273, S 23 831 Ora. 3693 S 27, 1977.)
13.32.280 connection permit require4.
A. Any person wishing to connect any premises to the public
sewers and/or wastewater treatment facilities for purposes of
discharging domestic or nondomestic wastes to a public sewer
shall first obtain a connection permit. This permit shall be
authorization to physically connect the premises to a public
sewer or to a lateral line connecting to a public sewer. The
connection permit is separate and distinct from a discharge
permit which must be obtained for a discharge of nondomestic
waste as outlined in Section 13.32.120.
B. Connection permits shall be issued by the Engineer in
accordance with regulations to be promulgated by him and
applicable ordinances. Such regulations shall describe the
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
19
connection, unless the Manager determines that a single
connection fully protects the interests of the ci ty. 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. (Ord. MC-273, 5-23-83; Ord. 3693 S 28,
1977.)
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 promulgated by the Engineer and approved by the
Mayor and Common Council. (Ord. MC-273, 5-23-83.)
13.32.300 Federal categorical pretreatment standards.
Upon the effective date of a federal categ~.~.~~.~.~......p'~~~;-.~~~~~~~
iin'i:~~!if_i_.~i~:i:~!!'e!!!!I!!!
limitations imposed under this chapter for sources in the category,
shall immediately supersede the limitations imposed under this
chapter. The Director shall notify all affected industrial users
of the applicable reporting requirements. (Ord. MC-273, 5-23-83.)
13.32.310 Confidential information.
Information and data on a user obtained from reports,
questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or
other governmental agency without restriction unless the user
specifically requests and is able to demonstrate to the
satisfaction of the Director that the release of such information
would divulge information, processes or methods of production
20
entitled to protection as trade secrets of the user. When
requested by the person furnishing a report, the portions of a
report which the Director has determined would disclose trade
secrets or secret processes shall not be made available for
inspection by the public but shall be made available upon written
request to governmental agencies for uses related to this chapter,
the National pollutant Discharge Elimination System (NPDES) Permit,
and/or the pretreatment program; provided, however, that such
portions of a report shall be available for use by the state or any
state agency in judicial review or enforcement proceedings
involving the person furnishing the report. Wastewater
constituents and characteristics will not be recognized as
confidential information. (Ord. MC-273, 5-23-83). 40CFR 403.12 (0) ·
13.32.320 violation -- Penalties.
A. Afty peraaa, firm ar oarpera~iea ~iala~ia~ aay prav1s1aa ef
thia ohap~~r is ~ail~y af aa iafrao~iea, whioh apaa oaa7ie~ioft
th~r~af ia p\:iaiahaBI~ BY a f iae aat exec~Eiia~ ea~ haaEir~Ei
Eiellara far a firot .....ialatiea, a fiae aet ~KoeeEiia~ t.we
haadr~d dallars far a aeeaftEi .....ialatiea ther~ef \li thia ene
year 1 aftEi a fiae net exoceEiia~ fi~~ hunar~Ei Eiellars far ~aoh
aaaitiaaal vialatiaas th~reaf withia an~ year. Upan
eaa~io~iaft af a feurth violatieft thereof withia aae year, the
violator io ~ailty af a misd~m~aaar, \lhioh apoa eaa~iotion
thereof ia puaiahable ia aeeeraaaee \lith the praviaiaas of
ii.ait_..,...
B. If any person discharges sewage, industrial wastes or other
wastes in the city's wastewater collection and treatment
system contrary to the provisions of this chapter, federal or
i_"!#'IPiliKE~~eO~;F~:~i~E:~~ifai;~~~~!~~
legal, equitable and/or injunctive relief in any court of
competent jurisdiction in the County of San Bernardino.
C. .::I::I1....c:l.c:l~~.~~~:I1....~.~..~l.lf?..P~.~.~.+~J.f?.~..P.~.~y~ded herein, the Director may
MigJ:iAiMitliiiiftZ~@ii@p~I~~@_yWgiI~~itig recover reasonable attorney
"f"e"ii.ir;..........coui"€"......c.o.sfs..;..........cSoiirf.......re'i)ciFfer fees, and other expenses of
litigation by appropriate suit at law or in equity against the
person found to have violated this chapter or the orders,
rules, regulations and permits issued hereunder. (Ord. MC-571,
12-22-86; Ord. MC-460, 5-13-85; Ord. MC-273, 5-23-83.)
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