HomeMy WebLinkAboutMC-835
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ORDINANCE NO.
MC-835
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.
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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. COrd. 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. COrd. 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. COrd. 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 regulations regarding the
26 operation of the public sewers and/or wastewater treatment
27 facilities of the city. COrd. 3693 S 4, 1977).
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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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"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
wastewater
industrial
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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.
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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:
L 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 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
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1 practical extension of a sewer line to serve the
2 development.
3 2. The proposed residential development of four (4) units
4 or less is an in-fill pro;ect, where structures exist
5 on at least 75% of the block and none are connected to
6 the sewer system.
7 3. The proposed development will not generate any sewage.
8 4. The proposed development is an addition to an existing
9 structure and is less than 25% in area of the existing
10 structure, and does not exceed 1,000 square feet.
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12 A waiver to connect to the city sewer system shall not
13 be construed as approval for installation of a septic
14 tank. Permits for construction of septic tanks will be
15 subject to the normal environmental review and approval
16 process by the Department of Building and Safety.
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18 All waivers granted are temporary in nature, in that
19 when a main sewer line is constructed within three
20 hundred (300) feet of the property, connection to the
21 sewer system will be required within one hundred twenty
22 (120) days of notification. The owner of the property
23 receiving a waiver to sewer connection must sign and
24 record an agreement waiving their right, and the right
25 of any successors in interest, to protest the future
26 formation of a sewer assessment district which includes
27 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. COrd. 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;
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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(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
quantities established in a resolution hereafter adopted by
23 City;
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TOXIC POLLUTANT LIMITATIONS
TABLE 1
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
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2.3
2.13
2.5
3.4
Organics 2.13
(mall)
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
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 Limits of maximum individual discharges.
pass through.
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 (mq!l)
6
Total Dissolved Solids
Sodium
Chloride
Sulfate
Boron
Fluoride
Total Hardness
500
210
210
180
1.0
3.8
100
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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.
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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 per iod of no less than three years. (4 OCFR 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 -- 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
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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.
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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. COrd. MC-571, 12-22-86; Ord.
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1 MC-273, 5-23-83; Ord. 3693 S 13, 1977.)
2 13.32.140 Nondomestic wastewater Alterations from proposal --
3 New 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 Nondomestic 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 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 Nondomestic 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
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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
18 of the date of occurrence. (Ord. MC-273, 5-23-83; Ord. 3693
19 S 16, 1977).
20 13.32.170 Nondomestic 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
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1 requirements contained in this chapter are met. (Ord. MC-273,
2 5-23-83; Ord. 3693 S 17, 1977).
3 13.32.180 Charges -- Payment of base charges.
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
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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 Charges Determination of quantity and quality of
27 discharge.
28 The point for determining quantity and quality of discharge shall
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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 charges -- Industrial wastewater discharge 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
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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 Discharges 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 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
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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 S 28,
7 1977 . )
8 13.32.290 Construction of extension to public sewer.
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.
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.)
25 13.32.300 Federal categorical 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
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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,
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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
of violators at least annually in a newspaper with major
circulation within the POTW service area. 40CFR
403.8(F) (VII).
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MC-835. ..
ORDIliANCE OF TIlE CITY OF SAN BERNARDINO AMENDING CHAPl'ER 13.32 OF THE SAN
BERN1,'<DlNO MUNICIPAL CODE .,.
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 1st
day of June
4 1992, by the following vote, to wit:
5 Council Members:
AYES
x
NAYS
ABSENT
6 ESTRADA
ABSTAIN
x
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
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14
x
x
x
x
x
15
/)
~(..~~-V~-' /}'~-A..AA..tV..A~
~ Rachel Rratmey, ity Clerk
16 The foregoing ordinance is hereby approved this
q
v/.!...:/ day of
17
June
, 1992.
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Approved as to form
22 and legal content:
23
city Attorney
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