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HomeMy WebLinkAbout31-Water Department 'f 1 o o 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 FiDdiDga. 9 A. 10 11 12 13 B. 14 15 16 C. 17 18 19 20 21 D. 22 23 24 25 26 27 28 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 qroundwaters. Existing federal and state laws and regulations establish limitations on the nature of all effluent discharged to waterways, to the surface, or underqround. 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 - 1 - #3/ ~~ o o 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 payaent for expansion of public se"ers and/or 5 "aste"ater 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 equalisation 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 requlations concerning these appurtenances. (Ord. 3693 S 3, 1977.) 19 13.32.040 setting of user charges. 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 requlations regarding the 26 operation of the public sewers and/or wastewater treatment 27 facilities of the city. (Ord. 3693 S 4, 1977). 28 / / / / / - 2 - It'''--':-'-' o o 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. - 3 - 2 A. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~""._-p,--' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. 12. 13. 14. 15. o o "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 wastewater" means polluted 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 - 4 - wastewater industrial <_""<<c" <" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. 17. 18. 19. 20. 21. o o 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 - 5 - ~w-". 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22. o o average of 25,009 gallons per day or-moreot 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. - 6 - .,,~.. o o B. "All other units" means all residentia.l.units in apartment buildinqs or such other premises as may be required by this code to obtain a commercial business license and/or a wastewater discharqe permit required under special restrictions for nondomestic wastewater in Section 13.32.120. 23. "User" means any person, his heirs, executors, administrators, or assiqns, and also includes a firm, company, association, society, corporation, or qroup, qovernmental facilities, to include city, State or Federal aqencies, 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 qenerally the supply of public, potable water servinq the area contributory to the city's public sewers and/or wastewater treatment facilities. Definitions of all chemical, bioloqical, and other technical terms shall be the same as defined in the Code of Federal Requlations Part 136 or the seventeenth edition of Standard Methods ~ ~ Examination 21 Water &m 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 / / / / / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 B. 21 22 23 24 25 - 7 - o o 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 1'5 gallons of sewage per day per employee); and there is a natural obstruction, such as a hill, stream or adverse grades, that prevents the - 8 - 8 A. 9 10 11 12 13 14 15 16 17 18 19 B. 20 21 22 23 24 25 26 27 28 ..~~., 1 2 3 2. 4 5 6 7 3. 8 4. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I I I I o o practical extension of a sewer line to ,serve the development. The proposed residential development of four (4) units or less is an in-fill Dro;ect, 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. - 9 - - o o 1 This section sha~l 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 discharges. 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. 14 15 16 17 18 B. 19 20 21 C. 22 23 D. 24 25 26 E. 27 28 - 10 - o o 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(0); 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. 2 3 4 5 6 G. 7 8 9 10 H. 11 12 I. 13 14 15 16 17 J. 18 19 20 K. 21 22 quantities 23 City; 24 I I I I I 25 I I I I I 26 I I I I I 27 I I I I I 28 I I I I I - 11 - 1 2 3 4 5 6 7 8 9 10 L. 11 12 M. 13 14 15 N. 16 17 18 19 20 21 22 23 24 25 O. 26 "" - - - o o 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 III 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 designated by the POTW. 27 13.32.090 Limit. of aaximum individual discharg... 28 No individual discharge of wastewater shall be discharged to a - 12 - .1 li - o o 1 public sewer if the maximum levels of the constituents .exceed the 2 following limits: 3 4 5 6 7 const.ituent concentration (ma/l\ Total Dissolved Solids Sodium Chloride Sulfate Boron Fluoride Total Hardness 500 210 210 180 1.0 3.8 100 8 Card. MC-571, 12-22-86; Ord. MC-273, 5-23-83; Ord. 3693 5 9, 1977.) 9 13.32.100 Restrictions on vater-softening vastes. It is unlawful to install, replace, or enlarge apparatus for softening all or any part of the water supply to any 10 A. 11 12 13 14 15 16 17 B. 18 19 20 C. 21 22 23 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. Card. MC-273, 5-23-83; Ord. 3693 5 10, 1977.) 24 13.32.110 xnspection of vater-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. Card. MC-273, 5-23-83; - 13 - o o lOrd. 3693 S 11, 1977.} 2 13.32.120 Nondo.estic 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 - 14 - 3 A. 4 5 6 7 8 9 10 B. 11 12 13 14 15 16 17 18 c. 19 20 21 22 23 24 25 26 27 28 - - o o 1 reported upon; and (.) 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 Bondomestic vastevater -- Design 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 - . . 1 2 3 B. 4 5 6 7 8 9 10 11 12 13 14 C. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "' J - o o 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. 2 3 4 5 6 7 E. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . o o 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. MC-571, 12-22-86; Ord. - 17 - o o 1 MC-273, 5-23-83; Ord. 3693 S 13, 1977.) 2 13.32.140 Bondomestic vastevater -- Alterations from proposal -- 3 Bev 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 Bondomestic vastevater -- 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 permit of users subject 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 Bondomestic vaste_ter -- Issuance of perait predicated 22 upon compliance vith conditions of perait. 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 I I I I I - 18 - o o 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 Bon4o.estic ..stevater -- Discharge permit require4. 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 o o 1 requirements contained in this chapter are met. (Ord; MC-273, 2 5-23-83; Ord. 3693 S 17, 1977). 3 13.32.180 Charq.. -- paya.nt of ba.. charq... 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 o o 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. COrd. MC-273, 5-23-83; Ord. 3693 S 18, 1977.) 26 13.32.200 Charge. Determination of quantity and quality of 27 discharge. 28 The point for determining quantity and quality of discharge shall - 21 - 1 2 3 4 5 6 7 C. 8 9 10 11 12 13 14 15 16 17 18 19 20 D. 21 22 23 24 25 o o 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 Charges -- Industrial .aste.ater discharge perait. 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 o o 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 fro. 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 Discharges fro. aDDue4 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 - 23 - 1 2 3 C. 4 5 6 7 8 9 10 11 12 13 D. 14 15 E. 16 17 18 o o 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 limit.. 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 o o 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. (Ord. MC-273, 5-23-83; Ord. 3693 5 28, 7 1977. ) 8 13.32.2'0 con.truction of ext.n.ion to public ....r. Any person desirinq to construct an extension to any public sewer at his own expense shall do so in accordance with applicable ordinances and with requlations to be promulqated by the Enqineer and approved by the Mayor and Common cQuncil. In qeneral, cost of such extensions shall be borne by the persons desirinq the extension and, where specified by the requlations, other persons benefitinq from the sewer extension. The Enqineer shall be authorized to enter into aqreements with persons desirinq 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 aqreements shall be made pursuant to requlations promulqated by the Enqineer and approved by the Mayor and Common Council. (Ord. MC-273, 5-23-83.) 25 13.32.300 P.d.ral cat.gorical pretr.atm.nt .tandards. 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 - 9 A. 10 11 12 13 14 15 16 17 B. 18 19 20 21 22 23 24 o o 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 andlor the pretreatment proqram; 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 -- Penaltie.. 28 A. Any industrial discharger, subject to Pretreatment Standards, - 26 - - 1 2 3 B. 4 5 6 7 8 9 10 11 C. 12 13 14 15 16 17 18 D. 19 20 o o that violates discharg~ 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 of violators at least annually in a newspaper with major circulation within the POTW service area. 40CFR 21 403.8(F) (VII). 22 / / / / / 23 / / / / / 24 / / / / / 25 / / / / / 26 / / / / / 27 / / / / / 28 / / / / / - 27 - ORDINANCE OF ~ CF SAN BERNARDINO AMENDING ()PreR 13.32 OF THE SAN BEmARDINO mNiCMi. - CODE ... 1 I HEREBY CERTIFY that the fQregoing 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: MiS. ~ 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 17 , 1992. 18 19 W. R. Holcomb, Mayor City of San Bernardino 20 21 Approved as to form 22 and legal content: 23 24 C1.ty Attorney 25 26 27 28 - 28 - o o 1 Chapter 13.32 wasTEWATER FACILITIBS 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. 13.32.070 connection required. 13.32.080 Unlawful discharges. 13.32.090 Limits of maximum individual discharges. to issuance of 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. 13.32.150 Nondomestic wastewater -- permit modification. from 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. 13.32.199 eharlJes EusesB 8-Ereft!1sh sl:lreharte. A. o o ~ 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.J2.~49 BriBe Was~es. 13.32.250 Discharges from annexed areas. 13.32.260 Commencement date for computing time limits. 13.32.279 IB~eFpre~a~ieft af prs7isisRB. 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 pindinq8. B. 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 ~, Santa Ana Region, has established limitations~e 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 Bea~. ~. 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 C. D. o o 3 Regulations, the requirements of the BeaFll _ with regard to effluent limitations, national standar~performance, and with other criteria required or authorized by federal or state legislation. (Ord. 3693 S 1, 1977.) 13.32.020 payaent for expansion of puJ:l1ic sewers and/or wast_ater treataent 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. (Ord. 3693 S 2, 1977.) 13.32.030 pretreataent or equali.ation 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. (Ord. 3693 S 3, 1977.) 13.32.040 Setting of user charge.. This chapter provides for the setting of user charges and fees for the equitable distribution of all costs of financing, maintaining and epeFa~ieft ~ the system and developing the necessary reserve funds ~ 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 t.he public sewers and/or wastewater treatment facilities of the city. (Ord. 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 o:f 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. o o 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. .. "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. . "Nondomestic wastewater" means polluted wastewater other than domestic wastewater, or industrial wastewater . . . o o 5. ee~ifted ~ with domestic wastewater. "Pass through" means the discharge of pollutants through the wastewater treatment facilities into fta"..i,!,,~a)'le . wateri in quantities or concentration! which 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. . . "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. o o 6 .. "Units" A. "Private dwelling unit" means a dwelling unit intended for occupancy by a single-family group. This shall apply to all single residential premises and multiple residential premises that are not required by this code to obtain a commercial business license. . . . B. "All other units" means all residential units in apartment buildings or such other premises as may be required by this code to obtain a commercial business license and/or a wastewater discharge permit required under special restrictions for nondomestic wastewater in section 13.32.120. "User" means any person, his heirs, executors, administrators, or assigns, and also includes a firm, company, association, society, corporation, or group, governmental facilities, to include City, state or Federal agencies, who or which uses the wastewater facilities of the city. "Wastewater facilities" means the structures, equipment, and processes required to treat domestic and nonsanitary wastes and dispose of the effluent. "Water Supply" potable water city's public facilities. means generally the supply of public, serving the area contributory to the sewers and/or wastewater treatment 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 tsa: .tbil Examination 2! Water AIm 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. o o 7 13.32.060 compliance require4 prior to i..uance 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 require4. 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. 2. 3. 4. The plH'peseli ___ single family residential development wil~t 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. The proposed residential development of four (4) units or less is an in-fill nroiect, 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 -,;;;;;;;.;.;- < o o 8 process by the Department of Building and Safety. All waivers granted are temporary in nature, in that when a main sewer eRe 1161 is constructed within three hundred (300) feet of~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 discharges. 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. ~y ehje~~ iB aKe.ss af aB~ eBB Ralt iBeft8S iB left~h er 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 iny public sewers and/or wastewater facilities; E. Any e..-erflew ~ except at such p ace an by the Director; from any septic tank or cesspool, in such manner as may be prescribed . o o 9 F. Any storm water, drainaqe runoff, excess irriqation water ep G. Any substance which causes or may cause the temperature of the sewaqe in any public sewer to be hiqher than one hundred forty deqrees Fahrenheit or the wastewater treatment plant effluent to be hiqher than one hundred four deqrees Fahrenheit; H. Any radioactive wastes in excess of federal, state, or county requlations; 1. Any material or quantity of material which causes or may cause damaqe to any part of the public sewers or wastewater treatment facilities, or abnormal sulfide qeneration 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 damaqe to the wastewater facilities, but in no case discharqes with pH lower than 5.0 nor qreater than 9.0; K. Any toxic materials in excess of the quantities presented in the table set forth in this subparaqraph, or in excess of the quantities established in a resolution hereafter adopted by City; TABLE 1 TOXIC POLLUTANT LIMITATIONS ~ e-..6 4T& ~ 9-r& 2.2 0.1 ~ <I-ih-& 2.5 ~ pollutant Arsenic Cadmium Chromium copper Cyanide Lead Mercury Nickel Phenol Silver Zinc L. o o 10 M. sHs.aftSe val" saaBBS 81' 1MI' 8atie. si",ifi..a~__~~~~ 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. 13.32.090 Liaits of aaxiaum individual discharges. No individual discharge of wastewater shall be discharged to a public sewer if the maximum ifter..e~s IIIIIi of the constituents ever ~eee ift ~e ~a~er sypply exceed t~lowing limits: Constituent Total Dissolved Solids Sodium Chloride Sulfate Boron Fluoride Total Hardness ~ ~ ~ 6& 1.0 4-rS 100 . (Ord. MC-571, 12-22-86; Ord. MC-273, 5-23-83; Ord. 3693 S 9, 1977.) 13.32.100 R.strictions on water-SOftening ..st.s. 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. o o 12 _ prior to the issuance of a permit, the applicant ~de a compliance sUDlDlary or report for approval, maintain periodic compliance reports and'" a final com liance re ort rior to rmit a roval a sauance. 1977 . ) 13.32.130 Bondoll.stic .ast..at.r -- D..iCjJJl and in.ta11ation of plant. and equipllant. A. If the Director requires pretreatment or equalization of waste flows, the desiqn 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 desiqn, installation, and operation of such facilities to meet discharqe 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 handlinq of liquid wastes containinq qrease in excessive amounts, sand, or other harmful ift,reliiell/es . which can be removed readily by qrease, oil, and san n erceptors. 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 cleaninq and.inspection. Said interceptors shall be reqularly cleaned and maintained by applicant to prevent any intercepted materials from enterinq the public sewer. c. When required by the Director, the permittee shall install a suitable control manhole, toqether with such meters and other appurtenances necessary to facilitate observations, samplinq, 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 Enqineer. The Director may require the seqreqation of domestic wastewaters from all industrial wastewaters until the industrial wastewaters have passed throuqh any required pretreatment system or device, or the industrial wastewater . o o 14 13.32.150 Bondomestic ..stewater -- Permit modification. Within Rille mSMBs ~ of the promulgation of any new or changed federal categ~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 Bondomestic .aste.ater -- :Issuance of permit predicated upon compliance .ith 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). 13.32.170 Bondomestic .aste.ater -- Discharge 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). , . o o 1S 13.32.180 Charg.. -- paya.nt of ba.. charg... 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. 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 basis of the amount of wastewater flow s ecified in the permit It is recognize 0 was ewa er genera e y a given premises is less than the water consumed by that premises. B. - - 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. pr_ises Eliseftarl)iftl) R8luleaes..ie vas-aewa1:.e!' shall alse Be 81l13jeER. 'tae eUSBBS s~reB!~h s~eBar,e as ,rs7idea fer iR Gee..ieft 13.32.199, iB , . o o 16 a.di~ieR _8 7elaae eha~ges ~a8a. 8ft ~e_al va_er eeftSam,~ieR. &-.II 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. COrd. MC-273, 5-23-83; Ord. 3693 S 18, 1977.) 13.32.190 gha~,.. ...... ._~.B"~ .~.~a~,.. ~ .reaises disekar,iR, was~~~a~e~ vi~h a s.reR~h af aBY e8R8~i~QeR. ~ea~eF ~aR ~e fellewi"I i_eai8a~ieRs, skalI ,ay aft eKeess s~reR'~ Btireharl. ift eeRfermaRse vi~ a eaRadale es'&alslished By ~he Beard. EKeBss si:.re,uJ~ .\Wekarg. shall Jaa ..tie .8R~1~f. The raise fer SlieR sharles shall Isa esi:.alsliskell lsy res8111i:.ieR all. 8aa11 JaB }saeed 8ft taB issisal ensess .811BII. af e8Rsi:.i~e~ aieshargs. dYriR, isBa JailliRI peried. g...tiwa.ts B.e.B. Ell.paRdea Selids g....Il~2'.\i.. (ill .,,'1ite~) 399 399 cerd. ue 273, S 23 83, erd. 3693 S 19, 1977.) 13.32.200 Charga. -- Dataraination of quantity and quality of di.charga. The point for determining quantity and quality of discharge shall be at the point of discharge to the public sewer or such other llpe~lPe_ samPli~oint as may be 1l111;llally a,!!'eed lIpell I!ly ~e diee.r,e!!' alld " . the Director. Where certain wastes are critical, t e ~rec or may specify procedures for obtaining necessary samples and may require the collection and submittal of such samples by the discharger. Cord. MC-273, 5-23-83; Ord. 3693 S 20, 1977.) 13.32.210 Charqas -- Industrial wastewatar discharge parait. All industrial wastewater dischargers shall be required to pay ei1shelP ell II industrial. wastewater discharge permit fee and monitoring rees, eP III a nondomestic wastewater discharge inspection fee. The amount of these fees shall be established by resolution of the Board. COrd. 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 . . o o 17 premises, by the City, or other public water purveyinq aqency. The charqes herein fixed shall be billed upon the same bill as is prepared for charqes for water service and shall be due and payable monthly at the same time that such charqes for services are due and payable. The total amount due for the charqes herein fixed and for charqes for water shall be paid as a unit. B. In the event any person fails to pay any charqe 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 qivinq the person a five-day notice thereof, and shall not resume the same until all delinquent charqes toqether with any charqes necessitated by resumption of such services and facilities have been fully paid. C. In the event the city or any other public water purveyinq aqency does not furnish water service to the premises, then the charqes 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 billinq periods, and shall be paid by the occupant, owner or person in charqe of such premises. It shall be the duty of the Municipal Water Department to prepare and send (or have another billinq aqency prepare and/or send) separate monthly bills for all charqes fixed for such premises. D. It shall be the duty of the Municipal Water Department of the City to collect all charqes provided herein. E. All funds and moneys received from the collection of sewer service charqes 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 fro. sumps. It is unlawful for~n person to deposit or discharqe or cause to be deposited ~ any sump which is not impermeable or ~ .. any pit or we , onto the qround, _ into any storm drain in a public road or street, any material which could create a pollution hazard or nuisance in any qround or surface waters. (Ord. MC-273, 5-23-83; Ord. 3693 S 23, 1977). 13.32.2.' B~ia. wa._... Brifte was~es Be~ permi~~ed _8 ~e disekarged iR~e ~e Si~ 'Y81ie sewers Bad/er was~evater ~reatmeRt faeili~ies sy the pre~isieR8 af -esis eaap1:er may Be .laMar,s. 1MB aft e-JB,era-eisft ,eRd at tdle ~as1aeuater 1areatmeR_ faeilities, BaBjes. te the a,preval af aRa . o o 18 8~jes_ _. ~a ~Jaila~ili~ a' f~ee Beard 1ft ~e e7ape~a~i8ft peRi ill a WHlntlar ..eeified )By 'khe Beard. 11. fee eS-6a1Jlisked lay 1me 9i~es~8~ aft. .,,:rev.d By ~8 Beard 8Ball Ise ,aid BY 'khe elieshar,er ~8 ~e 9i~ fer all BriBe va8~es eli.eft.r,ed 1"_8 ~8 e7a'8ra.ieB ,eft.. (S~.. Me 273, 5 23 831 Sr.. 3~93 S 2t, 1977.) 13.32.250 Discharges fro. annexed 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 Commenc..ent date for computing tiae 1iaits. 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.) 13.32.218 z.~..,~.~a~i.. ef .~.vi.i.... ~11 pre~i8i8ftS sf ~i8 ehap.er are .. Be reas8RaBly i~e.,re'ed. I~ is ~e i~e". herel" '68 ree.IRiae ~a~ ~ere are ~aryi", ae,rees ef aSSQraey '88s1Ble VRS" aea1i", vi~ was.ewa'6er flews aft. ~a. ~e de,ree af .seYr.ey ~18yed 8Reald Be eemmeRear... vi~ ~e dewree af haaard .8 ~e reeei~iR' 8~reaa aR. .. .ke ,~lie. (9~d. Me 273, 5 23 831 S~.. 3~93 S 27, 1977.) 13.32.280 connection permit required. 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 , . o o 19 connection, unless the Manager determines that a single connection fully protects the interests of the city. A separate connection permit shall be obtained for each such connection. D. A condition of the connection permit shall require that if, at any future date, the premises is abandoned, the connection to the pUblic sewer shall be adequately sealed to prevent flow into the public sewer. (Ord. MC-273, 5-23-83; Ord. 3693 S 28, 1977 . ) 13.32.210 construction of estension to public sever. 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 Pederal cateqorical pretreatment standards. Upon the effective date of a federal catego_ical retreatment standard for =-- . .' .' or 0 er pre rea en s an ar, e pre rea men s an ar, if more stringent than 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 proqrams 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 divulqe information, processes or methods of production ~ . o o 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 -- penaltie.. A. Any ,erseR, fiJ!lll eE" eerp.Fa_laB \.-iela't-iJ"J 8ftY pre't.-1S1.8R af this shap'er is .,uilty af 8ft iRfrae-eiePl, valek lips" eew.:is'EieR ~e:r8ef is p\tftiSRalaile lJ~- a fill. Ile~ eus.elii", eRe Milked .ellars fer a firs'E viela_i81l, a fiRe Ret\ eHse.lii", iY_~e lmRdreli lI.lIars feE' a seB.REl -.:ie1a"-18" ~ere8f wi't:ftiR eRe year, SR. a fiRe Be'- elleeedilll fl-..-. MIUI!".. .allars fer aask addi~ieRal ~ielatieR8 taera.! vi~iR eRe year. UpSIl eew:ie'EisR af a f8~~ 7ielatieR ~ereef vi~iR eRe year, ~e ~i81a'er is ~il~ af a ai.deaeaBBr, valek apeR 8ew:ietieR . . 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 state retreatment re irements, or aftY sl!'liel!' sf ~e ei~y, . the city Attorney or special or e oar may commence an action for appropriate legal, equitable and/or injunctive relief in any court of competent jurisdiction in the County of San Bernardino. C. rovided herein, the Director may . recover reasonable attorney ees, cour cos s, cour repor er 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.) . , o o 19 connection, unless the Manager determines that connection fully protects the interests of the separate connection permit shall be obtained for connection. a single city. A each such 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 categor,iC?~^!,mPF~!:J:~~,tIDEl~!: standard for a artdBtllar ifuitlBt.rial Bate eE". lit'1'1%UserSilsu1:i5'eCfiltlo ~f"!i!~~~l3]fI,jeHllt!'I!t.~'fi~!I~dg ~i~~ ~:8r~1l~'~':J~~!~~~€~~~~ 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 . - . o o 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. Any p~roeR, firm eE' eerperatisR vielatiR! any pre7~a~eR af taie ehapter is ~~ilty af aft iRfraetieR, whioh ~peR esnviatisR tlu:reef ia pl:lRiohaBle BY a fine flat exeeeEiiREj eAe. RUflarea sellars fer a fira'\: T:ielat.isn, a fiRe Ret cl!6ceaiREj 'ttw-e R1:1flarc.a. sellars fer a seeoREl "..181at188 taer-cet vi thiA eRC yearl aRa a finc Rat eX6ceEiiREJ fi~c RHRdrcEl sellars fer eaoh aElElitieRal 7181at168a thereaf ~ithiR eRe year. Upsn eeR~ietieR af a fearth 7ielatien thereaf uithin eRe year, the ~ielater ia Ejuilty af a miaElcmeaRsr, whish \ipSA eeR~ietieA thereaf i8 punishable ift aeeordaRee with the pre~iaieRs_ af ~eetieft 1.12.818 ~~baeetieft ~ af thie eeae. Ari~%E[dU$brliW 11iillllliiiitll\ilill;lil(l(ii11iiilI1111111111 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 state pretreatment requirements, or afty eraer af ~he City, a$na'i@jhQH'eb1ir'j)$anelitNiaQ#%pa~m the cit Attorne or s ecial counsel-for@~lie~tioard~may=c6imence an ~ction fO~ appro~riate legal, equitable and/or injunctive relief in any court of competent jurisdiction in the County of San Bernardino. C .!n.ad~!~i(m1:()1:h~PE!!l~!~!E!s.PE()'yided herein, the Director may ti~~a~~i~ab~e~$~wa~0$~$q.Maha recover reasonable attorne fefts';"~<court*'cos€s;~"court'repor€er fees, and other expenses oi 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.)