HomeMy WebLinkAboutOrdinance - 2291 - RMC Chapter 14.16 ORDINANCE NO. 2291
AN ORDINANCE OF THE CITY OF REDDING REPEALING
REDDING MUNICIPAL CODE CHAPTER 14.16, AND
ADDING A NEW CHAPTER 14.16—SEWERS.
The City Council of the City of Redding does ordain as follows:
Section 1. The State of California Regional Water Control Board requires that all
definitions in the City's Sewer Ordinance be capitalized throughout the entire ordinance. Therefore,
Redding Municipal Code Chapter 14.16 is repealed, and a new Chapter 14.16 (Sewers) is added,
to read as follows:
Chapter 14.16
SEWERS
I. Preamble—Definitions
14.16.010 Purpose.
These regulations set forth uniform requirements for contributions to the city's Wastewater
collection facilities and Wastewater treatment facilities by all Users thereof.These regulations enable
the city to comply with applicable state and federal laws required by the Clean Water Act(33 U.S.C.
1251 et seq.) and the General Pretreatment Regulations (40 CFR part 403) and subsequent
amendments.
The objectives of this chapter are:
A. To provide revenue for funding maintenance, operation, replacement, improvement, and
extension of the city's POTW;
B. To provide for regulation and control of Sewer Connections;
C. To prevent the introduction of pollutants into the city's Wastewater Collection System that
may interfere with the POTW;
D. To prevent the introduction of pollutants into the system that may Pass Through the
Wastewater treatment system—inadequately treated—into sludge,atmosphere,or effluents;
E. To provide for the protection and well-being of personnel associated with Wastewater
transmission and treatment; and
F. To improve the opportunity to recycle and reclaim Wastewater and sludge from the
Wastewater treatment system.
14.16.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section. Where defined terms are used throughout this chapter,
they are capitalized. For terms in this chapter not defined in this section,see Chapters 16.16, 16.20
and 18.04 of this Code.
"Aliquot" means a portion of a sample, often an equally-divided portion of a sample.
RMC Chapter 14.16, Sewers Page 1
"Approval Authority" means the State of California Water Resources Control Board(SWRCB),
the Central Valley Regional Water Quality Control Board (CVRWQCB), or the Environmental
Protection Agency (EPA).
"Authorized Representative of the Industrial User" means any one of the following:
1. If the Industrial User is a corporation, Authorized Representative shall mean:
a. The president, secretary,treasurer, or a vice-president of the corporation in
charge of a principal business function, or any other Person who performs
similar policy or decision-making functions for the corporation;
b. The manager of one or more manufacturing, production, or operation
facilities employing more than two hundred fifty Persons or having gross
annual sales or expenditures exceeding twenty-five million dollars (in
second-quarter 1980 dollars), if authority to sign documents has been
assigned or delegated to the manager in accordance with corporate
procedures.
2. If the Industrial User is a partnership or sole proprietorship, an authorized
representative shall mean a general partner or proprietor,respectively.
3. If the Industrial User is a federal,state or local governmental Facility,an authorized
representative shall mean a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government Facility,
or his/her designee.
4. The individuals described in sections a through b of this definition may designate
another authorized representative if the authorization is in writing,the authorization
specifies the individual or position responsible for the overall operation of the
Facility or Premises from which the discharge originates or having overall
responsibility for environmental matters for the company, and the written
authorization is submitted to the city.
"Batch Process" means a process in which a tank or vessel is filled, and the Wastewater (or
solution)is then released to the Wastewater Collection System with or without further treatment.A
Batch Process is intermittent, and not continuous.
"Biochemical Oxygen Demand" (BOD). The BOD test measures the organic strength of
Wastewater. The BOD test measures the amount of oxygen consumed by the microorganisms in
Wastewater as they stabilize decomposable organic matter under aerobic conditions.The BOD test
measures oxygen depletion in a sample over a five-day period where the Wastewater is kept at
twenty degrees Celsius. The results are expressed in milligrams per liter (mg/1). Procedures are
specified in "Standard Methods" set forth below.
"Biohazardous Waste" means any of the following:
1. Laboratory waste, including,but not limited to, all of the following:
a. Human or animal specimen cultures from medical and pathological
laboratories,
b. Cultures and stocks of infectious agents from research and industrial
laboratories,
c. Waste from the production of bacteria, viruses, or the use spores, discarded
live and attenuated vaccines,and culture dishes and devices used to transfer,
inoculate, and mix cultures;
RMC Chapter 14.16, Sewers Page 2
2. Waste containing any microbiologic specimens sent to a laboratory for analysis;
3. Human surgery specimens or tissues removed at surgery or autopsy which are
suspected by the attending physician and surgeon or dentist of being contaminated
with agents known to be contagious to humans;
4. Animal parts,tissues,fluids,or carcasses suspected by the attending veterinarian of
being contaminated with infectious agents known to be contagious to humans;
5. Waste which, at the point of transport from the generator's site, at the point of
disposal, or thereafter, contains recognizable fluid blood, fluid blood products,
containers,or equipment containing blood that is fluid or blood from animals known
to be infected with diseases which are highly communicable to humans;
6. Waste containing discarded materials contaminated with excretion, exudate, or
secretions from humans who are required to be isolated by infection control staff,the
attending physician and surgeon, the attending veterinarian, or the local health
officer, to protect others from highly communicable diseases or isolated animals
known to be infected with diseases which are highly communicable to humans.
"Categorical Industrial User" is an Industrial User who utilizes a process for which the EPA has
developed specific limitations on the User's discharges to a POTW. The pollutant effluent limits,
called national Categorical Pretreatment Standards,are contained in the Code of Federal Regulations
(CFR),Chapter I, Subchapter N,parts 405-471,and Sections 307(b)and(c)of the Clean Water Act.
A Categorical Industrial User is considered a SIU.
"Categorical Pretreatment Standards" means any regulation containing pollutant discharge limits
promulgated by U.S. EPA in accordance with Sections 307(b)and(c)of the Act(33 U.S.C. 1317)
which apply to a specific category of Industrial Users and which appear in 40 CFR, Chapter I,
Subchapter N, Parts 405-471.
"City Manager" means the City Manager of the City of Redding, or the city's designated and
authorized representative, agent, or deputy.
"Clean Water Act" means the Federal Water Pollution Act of 1972 (Public Law 92-500)and any
amendments thereto,as well as any guidelines,regulations, limitations,and standards promulgated
by the United States Environmental Protection Agency pursuant to the Act.
"Compatible Pollutant"means any Wastewater pollutant that can be transported and treated without
harmful effect on the POTW.
"Containment Devices" include, for the purposes of this chapter only, devices which provide
secondary containment for compatible materials used or stored on Premises.
"Domestic Wastewater"means the liquid and waterborne wastes derived from ordinary residential
living processes,free from Industrial Wastes,and generally containing only Compatible Pollutants
which can be discharged into a Public Sewer without prior treatment.
"Dwelling Unit,"for the purposes of this chapter only,means one or more rooms in a single-family
dwelling, two-family dwelling, or multiple family dwelling designed for occupancy by a single
family for living and sleeping purposes and having both kitchen and bathroom facilities for the
primary use of such family.
"Enforcement Response Plan" (ERP) establishes a procedural framework for managing an
enforcement protocol to achieve and maintain Industrial User compliance for numerical and/or
nonnumerical violations.
"Facility" means something that is built, installed, or established to serve a particular purpose.
RMC Chapter 14.16, Sewers Page 3
"Flag Lot"means a parcel of land to which access is gained by a relatively narrow strip of land.The
access strip may be an easement or a deeded access.
"Flow Proportional Composite Sampling"means a composite sampling as a collection of individual
samples obtained at regular intervals,usually every one or two hours during a twenty-four hour time
span.Each individual sample is combined with the others in proportion to the rate of flows when the
sample was collected. Equal volume individual samples also may be collected at intervals after a
specific volume of flow passes the sampling point.The resulting mixture(composite sample)forms
a representative sample and is analyzed to determine the average conditions during the entire
sampling period.
"Food Preparation Facility"means any Facility which packages,processes,assembles,portions or
performs any operation which changes the form,flavor or consistency of food,but does not include
trimming or produce. Food includes any raw or processed substance, ice, beverage or ingredient
intended to be used as food, drink, confection or condiment for human consumption. A Food
Preparation Facility does not include any Facility for which a Gravity Separation Interceptor (or
Grease trap under sink which has not been converted to a Gravity Separation Interceptor) is not
required.
"Grab Sample"means a single sample collected at a particular time and place which represents the
composition of the waste stream only at that time and place.
"Gravity Separation Interceptor"means an approved detention chamber designed to remove Grease,
Oil, and solids from a source flow prior to discharge into the POTW.
"Hazardous Substance"means any substance capable of creating imminent endangerment to health
of the environment, including, but not limited to,any substance designated under the Clean Water
Act, 33 USC, Section 1251,et seq.,40 CFR Sections 307 and 311;and any imminently hazardous
chemical substance subject to regulation under the Toxic Mixtures or Substances Control Act, 15
USCA,Section 2601,et seq.In general,substances which are toxic,explosive,corrosive,flammable,
or irritants,or which generate pressure through heat or decomposition,e.g.,heavy metals,pesticides,
strong acids or bases, distillate fuels, oxidants, etc., are Hazardous Substances.
"Household Equivalent" means the basic quantitative unit of Wastewater volume and strength
representing that Wastewater generated by a typical single-family residence connected to the
Wastewater Collection System during an average day.It is mathematically defined by the following
formula:
H.E. = 0.67 (Flow GPD) +
300
0.19 (BOD lb/day) +
0.50
0.12 (SS lb/day) +
0.50
0.02 (Oil and Grease lb/day)
0.35
RMC Chapter 14.16, Sewers Page 4
According to this formula, a typical single-family residence produces per average day three
hundred gallons of Wastewater containing one-half pound of Biochemical Oxygen Demand(BOD),
one-half pound of Suspended Solids(SS),and thirty-five hundredths of a pound of Oil and Grease
where "Oil and Grease" is defined by those procedures described in "Standard Methods."
"Incompatible Pollutant"means any pollutant which is not a Compatible Pollutant as defined in this
section,and any pollutant listed by the United States Environmental Protection Agency as a priority
pollutant or by the state of California as a toxic pollutant or a hazardous material.
"Industrial User" (IU) means a User that discharges non Domestic Wastewater (industrial or
commercial)to the POTW.
"Industrial Wastewater"means liquid or waterborne waste,excluding Domestic Wastewater,from
industrial or commercial processes.These may include wastes of human origin similar to Domestic
Wastewater, but produced from a commercial or industrial Facility.
"Insanitary" means, for the purposes of this chapter only, any Sewer Connection,construction, or
condition that would permit unapproved foreign matter, rainwater, or groundwater to enter the
POTW, or allow Sewage or Wastewater to escape a Sewer Connection.
"Instantaneous Discharge Limits" means an effluent concentration-based constituent limitation
which cannot be exceeded by any amount at any instant in time.
"Interference" means a discharge which, alone or in conjunction with a discharge or discharges
from other sources, both:
1. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge
processes,use, or disposal; and
2. Therefore is a cause of a violation of any requirement of the city's NPDES permits
(including any increase in the magnitude or duration of a violation) or of the
prevention of Sewage sludge use or disposal in compliance with the following
statutory provisions and regulations or permits issued thereunder(or more stringent
state or local regulations): Section 405 of the Clean Water Act (CWA), the Solid
Waste Disposal Act(SWDA)(including Title II,more commonly referred to as the
Resource Conservation and Recovery Act(RCRA), and including state regulations
contained in any state sludge management plan prepared pursuant to Subtitle D of the
SWDA, the Clean Air Act, and the Marine Protection, Research, and Sanctuaries
Act.
"Lateral" means a Public Sewer which receives Wastewater from one or more Sewer connections.
"Line Tap" means the action by the city of installing an opening in a Lateral to accommodate a
Sewer Connection.
"Lower Explosive Limit" (LEL)means the minimum concentration of a combustible gas or vapor
in the air which will ignite if an ignition source is present.
"may" means permissive.
"Medical Waste" means all of the following:
1. Biohazardous Waste or sharp waste;
2. Waste which is generated or produced, as a result of the diagnosis, treatment, or
immunization of human beings or animals, in research pertaining thereto, or in the
production or testing of biologics. Medical Waste may contain infectious agents.
However, Medical Waste does not include any of the following:
a. Waste containing microbiological cultures used in food processing and
biotechnology, and any containers or devices used in the preparation and
RMC Chapter 14.16, Sewers Page 5
handling of these cultures, that is not considered to be an infectious agent
pursuant to State of California Health and Safety Code;
b. Waste which is not biohazardous, such as paper towels, paper products,
articles containing nonfluid blood, and other medical solid waste products
commonly found in the facilities of Medical Waste Generators,
c. Hazardous waste, radioactive waste,or household waste,
d. Waste generated from normal and legal veterinarian,agricultural,and animal
livestock management practices on a farm or ranch.
"Medical Waste Generator" means any Person whose act or process produces Medical Waste and
includes, but is not limited to, a provider of health care as defined in the State of California Civil
Code. All of the following are examples of businesses which generate Medical Waste:
1. Medical and dental offices,clinics,hospitals, surgery centers, laboratories, research
laboratories, other health facilities required to be licensed pursuant to Division 2
(commencing with Section 1200), and unlicensed facilities;
2. Veterinary offices, clinics, and hospitals;
3. Pet shops.
"National Pretreatment Standard, Pretreatment Standard or Standard" means any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b)
and(c)of the Act,which applies to Industrial Users. This term includes prohibitive discharge limits
established pursuant to Section 403.5.
"Natural Outlet"means any outlet,including storm drain outlets,that gives access to a watercourse,
pond, ditch, lake, or other body of surface or groundwater.
"New Source" means:
1. Any building, structure, Facility or installation from which there is or may be a
discharge of pollutants where construction commenced after the publication of
proposed Pretreatment Standards under Section 307(c) of the Clean Water Act
applicable to such source,if such standards are thereafter promulgated in accordance
with that section; provided, that:
a. The is constructed at a site at which no other source is located, or
b. The building, structure, Facility or installation or Sewer Connection totally
replaces the process or production equipment that causes the discharge of
pollutants at an existing source, or
c. The production or Wastewater generating processes of the building, structure,
Facility or installation are substantially independent of an existing source at
the same site. In determining whether these are substantially independent,
factors such as the extent to which the new Facility is integrated with the
existing plant,and the extent to which the new Facility engaged in the same
general type of activity as the existing source, should be considered;
2. Construction on a site at which an existing source is located results in a modification
rather than a New Source if the construction does not create a new building,
structure, Facility or installation meeting the criteria of paragraphs l.a. and 1.b. of
this definition but otherwise alters,replaces or adds to existing process or production
equipment;
3. Construction of a New Source has commenced if the owner or operator has:
RMC Chapter 14.16, Sewers Page 6
a. Begun, or caused to begin, as part of a continuous on-site construction
program:
i. Any placement, assembly, or installation of facilities or equipment,
or
ii. Significant site preparation work, including clearing, excavation, or
removal of existing buildings, structures, or facilities, which is
necessary for the placement,assembly,or installation of New Source
facilities or equipment, or
b. Entered into a binding contractual obligation for the purchase of facilities or
equipment intended to be used in his operation within a reasonable time.
Options to purchase or contracts which can be terminated or modified
without substantial loss,and contracts for feasibility,engineering,and design
studies, do not constitute a contractual obligation under this paragraph.
"Oil and Grease" means fatty or oily matter in general, especially fats and oils of animal and
vegetable origin, and hydrocarbons of petroleum origin.
"Pass Through" means a discharge which exits the POTW to the waters of the state in a
concentration which, alone or in conjunction with a discharge or discharges from other sources, is
a cause of a violation of the city's NPDES permit(including an increase in the magnitude or duration
of the violation).
"Person" means any individual, firm, company, association, partnership, society, corporation, or
group, and includes the plural as well as the singular.
"pH" means the measure of hydrogen ion concentration. Mathematically, it is the logarithm(base
10)of the reciprocal of the hydrogen ion activity.The pH range is from 0 to 14 where 0 is the most
acidic, 14 is the most basic,and 7 is neutral.Methods for determining pH are described in" Standard
Methods."
"Premises" means an improved lot or parcel of land,or a legally divisible portion thereof,and any
building, structure, Facility, installation or part thereof and its appurtenances situated thereon.
"POTW" means publicly-owned treatment works of the city, including: The entire facilities for
collecting, transporting, pumping, treating, and disposing of domestic and Industrial Wastewater,
located within and outside the city limits and either owned, operated,maintained, or controlled by
the city.
"Pretreatment" means the reduction of the amount of pollutants,the elimination of pollutants, or
the alternation of the nature of pollutant properties in Wastewater prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained
by physical, chemical or biological processes, process changes or by other means, except as
prohibited by Sec.403.6(d). Appropriate Pretreatment technology includes control equipment,such
as equalization tanks or facilities,for protection against surges or slug loadings that might interfere
with or otherwise be incompatible with the POTW. However,where Wastewater from a regulated
process is mixed in an equalization Facility with unregulated Wastewater or with Wastewater from
another regulated process, the effluent from the equalization Facility must meet an adjusted
Pretreatment calculated in accordance with the Combined waste stream formula, Sec. 403.6 (e).
"Pretreatment Requirements" means any substantive or procedural requirement related to
Pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User.
"Pretreatment Wastes"means all wastes,liquid or solid,removed from a waste stream or discharge
by physical, chemical, or biological means.
RMC Chapter 14.16, Sewers Page 7
"Public Sewer" means a Sewer directly maintained and controlled by the city.
"Sampling and Evaluation Program"means the determination of mass emission or concentration
of constituents or other conditions specified in the Industrial Users permit for a period of at least ten
to fourteen cumulative work days.
"Septic Wastes"means wastes from holding tanks,chemical toilets,campers,trailers,septic tanks
or vacuum tank trucks.
"Sewage"means liquid wastes containing animal,vegetable,and chemical matter in suspension or
solution, including both Domestic Wastewater and Industrial Wastes.
"Sewer" means only those conduits intended to carry Sewage and Wastewater(commonly called
sanitary sewer), and does not mean conduits used to carry stormwater (commonly called storm
sewers).
"Sewer Connection" means a privately-owned and maintained conduit that conveys Wastewater
from a single Premises to a Public Sewer.
"shall" means mandatory.
"Significant Industrial User"(SIU) means:
1. All Industrial User's subject to Categorical Pretreatment Standards under 40 CFR
403.6 and 40 CFR chapter I, subchapter N; and
2. Any other Industrial User that:
a. Discharges an average of twenty-five thousand gallons per day or more of
process Wastewater (excluding Domestic Wastewater, noncontact cooling
water, and boiler blowdown Wastewater), or
b. Contributes a process waste stream which makes up five percent or more of
the average dry weather hydraulic or organic (BOD or SS) capacity of a
treatment plant, or
c. Pretreats Wastewater prior to discharge to the Wastewater Collection System,
or
d. Has in his wastes toxic pollutants listed under Section 307 of the Clean Water
Act, or
e. Has a reasonable potential, in the opinion of the City Manager, to have a
significant impact on the treatment system, either singly or in combination
with other dischargers to the system.
"Significant Noncompliance." An Industrial User is in "Significant Noncompliance" if his
violations meet one or more of the following criteria:
1. Chronic violations of Wastewater discharge limits defined here as those in which
sixty-six percent or more of all of the Wastewater measurements taken during a
rolling six-month period exceed(by any magnitude)the daily maximum limit or the
average limit for the same pollutant parameter by any amount.
2. Technical review criteria (TRC) violations, defined here as those in which
thirty-three percent or more of all the Wastewater measurements for each pollutant
parameter taken during a rolling six-month period equal or exceed the product of the
daily maximum limit or the average limit multiplied by the applicable TRC (TRC=
1.4 for BOD,TSS,fats, Oil, and Grease,and 1.2 for all other pollutants except pH).
3. Any other violations of a Pretreatment effluent limit(daily maximum or longer term
average) that the city determines has caused, alone or in combination with other
RMC Chapter 14.16, Sewers Page 8
discharges,Interference or Pass Through(including endangering the health of POTW
personnel or the general public).
4. Any discharge of a pollutant that has caused imminent endangerment to human
health, welfare, or to the environment, or has resulted in the city's exercise of its
emergency authority under 40 CFR 403.8 (f)(1)(vi)(B) to halt or prevent such a
discharge.
5. Failure to meet, within ninety days after the due date, a compliance schedule
milestone contained in a local control mechanism or enforcement order for starting
construction, completing construction, or attaining final compliance.
6. Failure to provide,within thirty days after the due date,any required reports such as
baseline monitoring reports,ninety-day compliance reports,periodic self-monitoring
reports, and reports on compliance with compliance schedules.
7. Failure to accurately report noncompliance.
8. Any other violation or group of violations which the city determines will adversely
affect the operation or implementation of the local Pretreatment program.
"Single-Pass Cooling Water"means water used solely for the purpose of cooling.This water is used
only once and is discarded.
"Slug Discharge" means any discharge of a nonroutine,episodic nature,including,but not limited
to, an accidental spill or a noncustomary batch discharge.
"Special Benefit Charge"means a charge applied to developing properties in addition to the normal
connection charges to finance Master Sewer Plan projects relative to the construction of POTW
where deficiencies are uniquely confined to specific geographic areas.
"Standard Methods" means the standards contained in the latest edition of the book entitled
"Standard Methods for the Examination of Water and Wastewater" published by the American
Public Health Association, et al.
"Suspended Solids"means the solids in Wastewater and Sewage which are removable by filtering,
as determined by procedures specified in "Standard Methods."
"Time Proportional Composite Sampling"means a composite sampling as a collection of individual
samples obtained at regular equal intervals of time and having equal volumes. Each individual
sample is combined with the others, and the resulting mixture (composite sample) forms a
representative sample based on time. This composite sample is analyzed to determine the average
conditions during the entire sampling period.
"Trunk Sewer" means a Public Sewer which transports Sewage away from a general area,
neighborhood, or subdivision.
"Unpolluted Water"means cooling water,Single-Pass Cooling Water,air conditioning condensate,
ice melt, condensate, and rain water.
"User" means any Person(s), all entities, public or private, residential, industrial commercial,
governmental,or institutional,who discharge or cause to be discharged Wastewater and waterborne
wastes into the POTW of the city, or who directly or indirectly cause impact or potential impact to
the POTW of the city.
"Wastewater" means the spent water from residences, commercial buildings, industrial plants,
institutions, and business offices, including liquid and waterborne wastes, but excluding
uncontaminated groundwater, surface water,and stormwater.
RMC Chapter 14.16, Sewers Page 9
"Wastewater Collection System" means the entire facilities for collecting, transporting, and
pumping of domestic and Industrial Wastewater,located within and outside the city limits and either
owned, operated, maintained, or controlled by the city.
"Wastewater Constituents and Characteristics" means the measurement of individual chemical,
physical,biological,and radiological parameters that define the quality and strength of Wastewater.
Constituents and characteristics shall be measured as described in "Standard Methods" unless
expressly stated otherwise.
14.16.030 Abbreviations.
The following abbreviations shall have the designated meanings:
BOD - Biochemical oxygen demand
CAA - Clean Air Act
CFR- Code of Federal Regulations
COD - Chemical oxygen demand
CVRWQCB - Central Valley Regional Water Quality Control Board
CWA - Clean Water Act
DHS - California Department of Health Services
DO - Dissolved oxygen
EPA - Environmental Protection Agency
gpd- Gallons per day
gpm - Gallons per minute
IU - Industrial User
1 - Liter
mg- Milligram
mg/1 - Milligram per liter
NPDES -National Pollutant Discharge Elimination System
POTW - Publicly-owned treatment works operated by the city
PSES - Pretreatment Standards for existing sources
PSNS - Pretreatment Standards for New Sources
RRA- Resource Conservation and Recovery Act
SIC - Standard industrial classification
SIU - Significant Industrial User
SIDA - Solid Waste Disposal Act
SWRCB - State Water Resources Control Board
TOMP - Toxic Organic Management Plan
TSS - Total Suspended Solids
TTO - Total toxic organics
USC - United States Code.
II. General Provisions
14.16.100 Authority.
The city is regulated by several agencies of the United States government and the state of
California,pursuant to the provisions of federal and state law.These laws grant the city the authority
to regulate and/or prohibit,by the adoption of regulations and by the issuance of discharge permits,
RMC Chapter 14.16, Sewers Page 10
the discharge of any waste, directly or indirectly, to the city's POTW. Said authority includes the
right to establish limits,conditions,and prohibitions;establish flow rate limitations or prohibit flows
discharged to the city's POTW;require the development of compliance schedules for the installation
and maintenance of equipment systems and materials by all Users;and take all actions necessary to
enforce its authority, whether within or outside the city's boundaries.
The establishment of limits, conditions, and prohibitions will be enforceable and contain, at a
minimum,the following conditions:
A. Statement of permit duration(in no case more than five years);
B. Statement of nontransferability without, at a minimum, prior notification to the city and
provision of a copy of the existing control mechanism to the new owner or operator;
C. Effluent limits based on applicable general Pretreatment Standards in 40 CFR Part 403,
Categorical Pretreatment Standards, local limits, and State and local laws;
D. Self-monitoring, sampling, reporting, notification, and record-keeping requirements,
including an identification of pollutants to be monitored, sampling location, sampling
frequency,and sample type,based on applicable general Pretreatment standards in 40 CFR,
Part 403, Categorical Pretreatment Standards, local limits, and state and local law;
E. Statement of applicable civil and criminal penalties for violation of Pretreatment
Requirements or Standards, and any applicable compliance schedule. Such schedules may
not extend the compliance date beyond applicable federal deadlines.
14.16.105 Delegation of authority.
A. The city has the authority under this chapter to deny or condition new or increased
contributions of pollutants to the POTW by Industrial User's where such contributions do
not meet applicable Pretreatment Requirements or Standards, where such contributions
would cause a violation of the city's NPDES permit.
B The city has the authority to:
1. Randomly sample and analyze the effluent from Industrial User's and conduct
surveillance activities in order to identify, independent of information supplied by
Industrial User's, occasional and continuing noncompliance with Pretreatment
Requirements, or Standards;
2. Inspect and sample effluent from each Industrial User at least once a year;
3. Evaluate, at least once every two years, whether each such Industrial User needs a
plan to control Slug Discharges.
The results of such activities shall be available to the Approval Authority upon request.
C The city has the authority to develop procedures to prevent adverse impact from accidental
spills, including inspection and maintenance of storage areas, handling and transfer of
materials, loading and unloading operations, control of plant site runoff, worker training,
building of containment structures or equipment measures for containing toxic organic
pollutants (including solvents) and/or measures and equipment for emergency response.
14.16.110 Ownership.
The entire POTW shall be the property of the city.
14.16.120 Applicability to public agencies.
The provisions of this chapter shall be applicable to any building, structure, or property situated
within the city Sewer service area which is owned, leased,controlled,operated,or occupied by the
RMC Chapter 14.16, Sewers Page 11
United States, the state, the county, a school district, or by any public or quasi-public agency,
corporation, or association.
14.16.130 Confidential information.
All information and data obtained from reports, questionnaires, permit applications, monitoring
programs, and inspections shall be available to the public or other governmental agencies without
restriction,unless the owner specifically requests that such information be maintained in confidence
and demonstrates to the reasonable satisfaction of the city that the release of such information would
divulge information in connection with processes or methods of the operations of the permit holder
which would be detrimental to the permit holder's competitive position. Wastewater Constituents
and Characteristics will in no event be treated as confidential information.The information accepted
as confidential by the city will not be released to the public or to any other government agency except
as a product of court order,and then only after notice to the permit holder.Under Section 308 of the
Clean Water Act,the EPA has access to all information collected by the city under its Pretreatment
program.
14.16.140 City's right of revision.
The city reserves the right to establish, by ordinance or in Wastewater discharge permits, more
stringent standards or requirements on discharges to the POTW if deemed necessary to comply with
the objectives presented in Section 14.16.100 or the prohibitions in Section 14.16.582 of this chapter.
14.16.150 Special agreement.
The city reserves the right to enter into special agreements with Industrial Users setting out special
terms under which they may discharge to the POTW. In no case will a special agreement waive
compliance with a Pretreatment Requirement.However,the Industrial User may request a net gross
adjustment to a Categorical Standard in accordance with 40 CFR 403.15; and may also request a
variance from the Categorical Pretreatment Standard from EPA.
Such a request will be approved only if the Industrial User can prove that factors relating to his
discharge are fundamentally different from the factors considered by EPA when establishing that
Pretreatment Standard.An Industrial User requesting a fundamentally different factor variance must
comply with the procedural and substantive provisions in 40 CFR 403-13.
14.16.160 Powers reserved.
The provisions of this chapter shall neither require nor prohibit the city council from approving or
disapproving applications for Public Sewer construction, nor from making expenditures for
particular Public Sewer construction deemed necessary or desirable by the city council.Neither do
the provisions of this chapter apply to any program for replacement of old or undersized lines within
the existing system by the city.
14.16.170 Request for ruling.
If any discharger or applicant for a permit disputes the interpretation or application of this chapter,
he may request a ruling by the City Manager, who will set forth his determination on the request.
However,national Categorical Pretreatment Standards cannot be disputed and can never be waived.
111
///
RMC Chapter 14.16, Sewers Page 12
14.16.175 Appeal.
If the discharger or applicant for a permit is dissatisfied with the determination made by the City
Manager under this chapter,within fourteen days after receipt of said ruling he may appeal to the city
council by giving written notice of the basis of his appeal. However, national Categorical
Pretreatment Standards cannot be disputed and can never be waived. The city council shall,within
thirty days after receipt of the written notice of appeal, upon proper notice,hold a hearing to make
a final determination of the issue or issues submitted. Hearings before the city council shall not be
bound by formal rules of evidence;however,in no event shall a decision be based solely on hearsay
evidence. Either party may be, but need not be, represented by an attorney. Upon request by either
party,written findings of fact and conclusions of law will be prepared,provided the request is made
prior to commencement of the hearing.
The following shall apply to any Person, including the Industrial User, petitioning the city to
reconsider the terms of a Wastewater discharge permit:
A. Failure to submit a timely petition for review shall be deemed to be a waiver of the
administrative appeal.
B. In his petition,the appealing party must indicate the Wastewater discharge permit provisions
objected to,the reasons for this objection, and the alternative condition, if any, he seeks to
place in the Wastewater discharge permit.
C. The effectiveness of the Wastewater discharge permit shall not be stayed pending the appeal.
D. Decisions not to (1) reconsider a Wastewater discharge permit; (2) issue a Wastewater
discharge permit; or (3) modify a Wastewater discharge permit shall be considered final
administrative action for purposes of judicial review.
14.16.180 Affirmative defense.
An Industrial User shall have an affirmative defense to an enforcement action brought against him
for noncompliance with the general and specific prohibitions in this chapter, if he can prove that he
did not know or have reason to know that his discharge,alone or in conjunction with discharges from
other sources, would cause Pass Through or Interference that either:
A. A local limit exists for each pollutant discharged and the Industrial User was in compliance
with each limit directly prior to, and during,the Pass Through or Interference; or
B. No local limit exists,but the discharge did not change substantially in nature of constituents
from the Industrial User's prior discharge when the city was regularly in compliance with
its NPDES permit,and,in the case of Interference,was in compliance with applicable sludge
use or disposal requirements.
14.16.190 Upset.
A. For the purposes of this chapter, "upset" means an exceptional incident in which there is
unintentional and temporary noncompliance with Categorical Pretreatment Standards
because of factors beyond the reasonable control of the Industrial User. An upset does not
include noncompliance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation.
B. An upset shall constitute an affirmative defense to an action brought for noncompliance with
Categorical Pretreatment Standards if the requirements of paragraph C of this section are
met.
RMC Chapter 14.16, Sewers Page 13
C. An Industrial User who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence, that:
1. An upset occurred and the Industrial User can identify the cause(s) of the upset;
2. The Facility or Premises was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and maintenance
procedures;
3. The Industrial User has submitted the following information to the city within
twenty-four hours of becoming aware of the upset (if this information is provided
orally, a written submission must be provided within five days):
a. A description of the indirect discharge and cause of noncompliance,
b. The period of noncompliance, including exact dates and times or, if not
corrected, the anticipated time the noncompliance is expected to continue,
and
c. The steps being taken and/or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
D. In any enforcement proceeding,the Industrial User seeking to establish the occurrence of an
upset shall have the burden of proof.
E. Industrial Users will have the opportunity for a judicial determination on any claim of upset
only in an enforcement action brought for noncompliance with Categorical Pretreatment
Standards.
F. The Industrial User shall control production or all discharges to the extent necessary to
maintain compliance with Categorical Pretreatment Standards upon reduction,loss,or failure
of his treatment Facility until the Facility is restored or an alternative method of treatment
is provided.This requirement applies in the situation where,among other things,the primary
source of power of the treatment Facility is reduced, lost, or fails.
14.16.195 Bypass.
A. 1. For the purposes of this chapter, "bypass" means the intentional diversion of waste
streams from any portion of an Industrial User's treatment Facility.
2. In the context of an occurrence of bypass and subsequent city enforcement action
against an Industrial User, "severe property damage" means substantial physical
damage to property,damage to the treatment facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe property damage
does not mean economic loss caused by delays in production.
B. An Industrial User may allow any bypass to occur which does not cause Pretreatment
Standards or Requirements of this chapter to be violated, but only if the Users also is
responsible for essential maintenance to assure efficient operation. These bypasses are not
subject to the provisions of subsections C and D of this section.
C. 1. If an Industrial User knows in advance of the need for a bypass,he shall submit prior
notice to the city, at least ten days before the date of the bypass if possible.
2. An Industrial User shall submit oral notice of an unanticipated bypass that exceeds
applicable Pretreatment Standards to the city within twenty-four hours from the time
he becomes aware of the bypass.A written submission shall also be provided within
RMC Chapter 14.16, Sewers Page 14
five days of the time the Industrial User becomes aware of the bypass. The written
submission shall contain:
a. A description of the bypass and its cause;
b. The duration of the bypass,including exact dates and times;and,if the bypass
has not been corrected, the anticipated time it is expected to continue; and
c. The steps taken or planned to reduce,eliminate,and prevent reoccurrence of
the bypass.
The city may waive the written report on a case-by-case basis if the oral report has
been received within twenty-four hours.
D. 1. Bypass is prohibited, and the city may take enforcement action against an Industrial
User for a bypass, unless:
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
b. There were no feasible alternatives to the bypass,such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during
normal periods of equipment downtime. This condition is not satisfied if
adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
c. The Industrial User submitted notices as required under paragraph C of this
section.
2. The city may approve an anticipated bypass, after considering its adverse effects, if
the city determines that it will meet the three conditions listed in subsection D1 of
this section.
III. Sewer Fees and Charges
14.16.200 Establishment of fees and charges.
Sewer service fees,and other fees related to the POTW as set forth in this chapter shall be adopted
by ordinance.
14.16.205 Fees and charges.
In addition to the connection charges and front footage charges set forth in RMC Section 16.20.090,
the following fees shall be paid to the city:
A. Line Tap Charge.A Line Tap charge shall be assessed an applicant whenever the city makes
a connection for the applicant to a Public Sewer. The city shall tap lines less than ten(10)
inches in diameter whenever a "Y" or "T" branch is not available for connection to the
Premises. Line Tap charges are based on the size of the Sewer to be tapped and the size for
the branch desired by the applicant. The charges are as follows:
1. Effective July 1, 2000, the fee for a six-inch by four-inch "T" branch and an eight-
inch by six-inch "T" branch shall be $142.00.
2. Effective January 1,2001,and on each January 1 thereafter,the fee shall be increased
by the Construction Cost index as published in the most-recent November
Engineering News Record.
RMC Chapter 14.16, Sewers Page 15
The applicant shall be required to make a hot tap on the Sewer line at the applicant's expense for
lines ten(10)inches in diameter and larger. The city shall be notified in advance so as to be able to
inspect the tap. A Line Tap charge shall not be assessed for taps made by the applicant.
14.16.210 Fee collection.
The City Treasurer shall collect all the connection charges,Sewer service fees,monitoring fees,and
other fees that may be specified in this chapter or adopted by the city council.
14.16.215 Deposits.
The Director of Customer&Energy Services of the city shall have the power to require any Person
liable to pay any fee or charge provided for in this chapter or adopted by city council to make a
reasonable deposit with the city to ensure the collection of the fees and charges.
14.16.220 Disposition of proceeds.
All funds and moneys received by the collection of fees and charges as established in this chapter
or adopted by city council shall be deposited in a separate fund or account. The fund shall be used
only for acquisition,management,operation,maintenance,construction,replacement,and expansion
of the POTW.
14.16.230 Sewer Connection charges.
Sewer Connection charges, as set forth in RMC Section 16.20.090, shall be paid to the city prior
to the issuance of a Sewer Connection permit. Where a new, changed, or expanded use of the
property causes or has the potential to cause increased impact to the POTW,the applicant shall pay
those applicable charges for the increased impact. No Sewer Connection shall be made until all
appropriate charges have been paid. Sewer Connection charges include a connection charge, front
footage charge, and Line Tap charge.
14.16.232 Deferred payment of Sewer Connection charges for a portion of the Premises.
When only a portion of a legally divisible lot or parcel is developed,and the remaining portion is
to continue undeveloped or be used solely for the growing of agricultural crops, the Sewer
Connection charge and the front footage charge shall be computed only upon the basis of the
improved portion of the legally divisible lot or parcel; and in no event shall any Premises so
determined constitute an area of less than six thousand square feet nor shall it have frontage of less
than sixty feet.The City Manager shall determine in such case which portion of the legally divisible
lot or parcel constitutes the Premises,and his decision shall not be subject to review in the absence
of proof of fraud or discrimination.
14.16.234 Connection charges constitute a debt to the city.
All charges relating to Sewer Connections applicable to any Premises provided for in this chapter
shall be deemed a debt owing to the city,and any Person who makes a Sewer Connection to a Public
Sewer without having paid applicable charges in full shall be liable in a civil action in the name of
the city in any court of competent jurisdiction for the amount of the fee,in addition to being subject
to criminal prosecution as provided for in this code, and having his Sewer disconnected from the
city's system.The conviction or punishment of any Person for a misdemeanor violation in connection
with the connection to a Public Sewer without first obtaining a permit to do so shall not relieve the
Person from paying the charges due and unpaid applicable to connection.
RMC Chapter 14.16, Sewers Page 16
14.16.240 Sewer service charges.
A. Each discharger to a Public Sewer shall pay a monthly Sewer service charge that is equitably
based on the number of Household Equivalents discharged,except that each discharger shall
be assessed a minimum charge, as follows:
1. Table 1--Monthly Charge for Single-Family Residential Users.
a. $20.44 per residence starting January 1, 2001, and continuing through
December 31, 2001.
b. $21.55 per residence starting January 1, 2002, and continuing through
December 31, 2002.
c. $22.00 per residence starting January 1, 2003, and continuing through
December 31, 2003.
d. $22.47 per residence starting January 1, 2004.
2. Table 2--Monthly Charge for Multiple-Family Residential Users.
a. $10.83 per unit starting January 1, 2001, and continuing through
December 31, 2001.
b. $11.42 per unit starting January 1, 2002, and continuing through
December 31,2002.
c. $11.66 per unit starting January 1, 2003, and continuing through
December 31, 2003.
d. $11.91 per unit starting January 1, 2004.
3. Table 3--Monthly Charge Based on Household Equivalents.
a. $20.44 per Household Equivalent starting January 1, 2001, and continuing
through December 31,2001.
b. $21.55 per Household Equivalent starting January 1, 2002, and continuing
through December 31, 2002.
c. $22.00 per Household Equivalent starting January 1, 2003, and continuing
through December 31, 2003.
d. $22.47 per Household Equivalent starting January 1, 2004.
4. Table 4--Monthly Charge Based on Water Consumption.
a. $2.24 per thousand gallons of water used starting January 1, 2001, and
continuing through December 31, 2001.
b. $2.36 per thousand gallons of water used starting January 1, 2002, and
continuing through December 31, 2002.
c. $2.41 per thousand gallons of water used starting January 1, 2003, and
continuing through December 31, 2003.
d. $2.46 per thousand gallons of water used starting January 1, 2004.
B. The following classes of Users shall be established:
1. Class I. Residential Users.
a. Single-family dwellings shall be assessed at the rate of one Household
Equivalent per Dwelling Unit.
b. Multiple-family dwellings, including apartments, condominiums, residence
hotels, and mobile home parks shall be assessed at the rate of fifty-three
percent of one Household Equivalent.
2. Class II. Users that discharge a Wastewater similar in strength to that of Domestic
Wastewater.
RMC Chapter 14.16, Sewers Page 17
a. Users that discharge essentially all water used as measured by a water meter
installed by the city shall be assessed a fee per thousand gallons of water
used.
b. Users that discharge only a portion of the volume of water used as measured
by a water meter installed by the city shall be evaluated at the discretion of
the City Manager or at the request of the User,and an equitable charge shall
be assessed. The charge may consist of:
i. a Household Equivalent value averaged over the entire year; or
ii. a yearly constant charge based on the volume of water used during
each of certain months of the year. Users in this class may include
those that (a) use a significant volume of water for irrigation or
evaporative cooling;(b)use a significant volume of water in product
processing, manufacturing, or storage that is not discharged to a
Public Sewer; (c) have a highly seasonal discharge, including
overnight campers and trailer parks and transient mobile-housing
units such as hotels and motels; or(d)consist of more than one User
on a single water service. If there develops a disagreement with
regard to the charge to multiple Users on a single water service,the
City Manager may require individual meters to be installed. Should
it be impractical to install individual meters, the City Manager may
assign charges based on like uses in the city.
3. Class III. Industrial Users that discharge a Wastewater greater than in strength.
a. Industrial Users that do not use a substantial volume of water in product
manufacturing or processing shall be assessed a fee per thousand gallons of
water used as measured by a meter installed by the city, or shall be assessed
a fee per Household Equivalent discharged in which water use or Household
Equivalent value is determined by Class II dischargers.
b. Industrial Users that use a substantial volume of water during manufacturing
or processing shall be assessed a fee per Household Equivalent discharged
based on periodic monitoring of water quality and quantity.
c. Food preparation facilities charged on the basis of water consumption:
multiply the appropriate amount from Table 4(RMC Section 14.16.240 A4)
by 1.24.
d. Food preparation facilities charged on the basis of household equivalents:
multiply the appropriate amount from Table 3 (RMC Section 14.16.240 A3)
by 1.24.
4. Class IV. Users that have no prior history of water use. These Users shall be
evaluated on a case-by-case basis by the City Manager, and an equitable monthly
charge shall be assessed for a maximum of twelve months. The assessment shall be
based on methods used to assess charges for Class II and Class III. Dischargers shall
be reassigned to another class as appropriate.
///
RMC Chapter 14.16, Sewers Page 18
14.16.245 Obligation to pay Sewer service fees.
While any Premises connected to the Wastewater Collection System shall be vacant, the regular
minimum Sewer service charge shall be payable for the Premises by the owner thereof,whether or
not Sewer service is used, if water is connected to or available for use on the Premises.
14.16.246 Obligation to pay Sewer service and related fees for service outside city.
The primary responsibility for payment of all Sewer service and related fees and charges authorized
by this chapter for services outside of the city shall be with the property owner.The city will bill the
discharger when a service account for such discharger has been established, but it shall be the
responsibility of the property owner to provide current information to the city treasurer or the
treasurer's representative of names and addresses of current dischargers.The minimum Sewer service
fee shall be due and payable in the amount established pursuant to Section 14.16.240 and other
applicable provisions of this chapter regardless of whether or not the premise which is connected to
the Wastewater Collection System is vacant.
14.16.250 Pretreatment charges and fees.
The city may adopt reasonable charges and fees for reimbursement of costs of setting up and
operating the city's Industrial Waste Pretreatment program which may include:
A. Fees for IU and SIU Wastewater discharge permit applications, including the cost of
processing such applications;
B. Fees for monitoring,inspection,and surveillance procedures,including the cost of collection
and analyzing an Industrial User's discharge, and reviewing monitoring reports submitted
by Industrial Users;
C. Fees for reviewing and responding to accidental discharge procedures and construction;
D. Fees for filing appeals;
E. Other fees as the city may deem necessary to carry out the requirements contained herein.
These fees relate solely to the matters covered by this chapter and are separate from all other
fees, fines, and penalties chargeable by the city.
14.16.260 Failure to pay charges—disconnection.
In the event that any Person fails to pay any fees or charges provided for in this chapter or approved
by the city council applicable to a particular Premises, or fails or refuses to connect to the Public
Sewer as required by the provisions of this chapter,the city may,in addition to other remedies it may
have, disconnect and cease to provide any water, electric, or Sewer services provided to the
Premises and may withhold the services until all such fees and charges, together with any and all
penalties for delinquent payment of the fees and charges,and together with any charges or fees due
and payable as and for the reconnection and restoration of the utility services,have been paid in full.
Delinquent payments may be made a lien against the property, placed on the county tax roll, and
collected in the same manner as ad valorem taxes.
IV. Sewer Connections and Construction
14.16.300 Sewer Connection required.
The owner of any Premises within the limits of the city,which has a Public Sewer located within
two hundred feet of the nearest exterior boundary of the Premises measured along publicly-owned
right-of-way or Sewer easement,shall not install,replace,upgrade,expand,or repair any septic tank
RMC Chapter 14.16, Sewers Page 19
or waste disposal leach field thereon nor use any means of disposing of Domestic Wastewater or
Industrial Waste other than through a Sewer Connection to a Public Sewer. The owner shall be
required to connect the Premises with available Public Sewer pursuant to and within the time limits
specified in this chapter,and to pay in advance all Sewer Connection charges.
14.16.310 One Premises from each connection.
Not more than one Premises shall be served from each service connection.
14.16.320 Time limit for connection.
Premises requiring to be connected to the Public Sewer as specified in this chapter shall be
connected to the Public Sewer within one year after the Public Sewer is so located and available;
provided,that if it is the determination of the county health officer acting as the health officer for the
city that the existing generation or production of Domestic Wastewater or Industrial Waste upon the
Premises constitutes an imminent or actual health hazard, the Premises shall be connected to the
Public Sewer within three days of the determination;and,further provided,that where the Premises
has a lawfully constructed private Sewage disposal system which has been constructed within five
years immediately prior to the time that a Public Sewer has become available for Sewer Connection,
the owner of the Premises shall connect to the Public Sewer within five years from the date that a
construction permit was issued for the construction of the private Sewage disposal system or within
one year, whichever is greater.
14.16.330 Permit for Sewer Connection.
A permit issued by the city and compliance with the provisions of this chapter shall be required
prior to construction of a Sewer Connection. Sewer Connections shall be installed at the expense of
the owner of the Premises under the supervision and inspection of the city. An applicant for the
permit shall submit with his application a diagram,not necessarily to scale, showing the complete
details of the proposed construction and, where applicable, the dimensions of the Line Tap,
cleanouts, and changes in grade and direction. Sewer Connections that are connected prior to
obtaining an approved permit are illegal and may be immediately disconnected by the City Manager,
any POTW impacts may be billed to the property owner, and all enforcement actions noted in this
code may apply.
14.16.340 Maintenance of Sewer Connections.
Maintenance of Sewer Connections,whether on public or private property,is the responsibility of
the owner of the Premises.
14.16.350 Abandoned Sewer Connections.
A. Any abandoned Sewer Connection shall be plugged or capped at the expense of the owner
of the Premises which the Sewer Connection serves at a point in the Sewer Connection and
in a manner approved by the Municipal Utilities Department of the city.
B. Any abandoned Sewer Connection shall not be restored to service by the owner of the
Premises to which it runs unless and until the owner has caused no less than three sections
of the abandoned Sewer Connection to be exposed and has obtained an inspection and
approval of the line from the Municipal Utilities Department of the city.The restored use of
an abandoned Sewer Connection shall not be approved by the Municipal Utilities
RMC Chapter 14.16, Sewers Page 20
Department if the line or the Sewer Connections thereto do not meet construction standards
existing at the time of application for reuse.
C. If, in the course of normal inspection processes by the Municipal Utilities Department, an
existing Sewer Connection is found to be in an Insanitary condition,the City Manager may
order the Sewer Connection to be repaired,modified, or replaced. It shall be the obligation
of the owner of the Premises served by the Sewer Connection to comply with the order at the
owner's expense.
14.16.360 Construction of Laterals.
It is not the general policy of the city to extend Lateral Sewer at city expense. Other than in relation
to new subdivisions, the city may, when it is deemed to be in the best interests of the city and its
citizens, assist in the engineering, design, and supervision of the construction of Sewer Laterals in
areas where the property owners petition for the formation of assessment districts.
14.16.370 Construction of Trunk Sewers.
It is the general policy of the city to construct those Public Sewers which are,in the opinion of the
city council, Trunk Sewers in all areas within the city, and all areas hereafter annexed into the city
which are not yet served by Trunk Sewers,as rapidly as funds are budgeted for such purposes by the
city council. In appropriate circumstances as determined by the city, where private developers
construct a Trunk Sewer at city's requirement either larger or deeper than is needed for the private
developer's own development, the city may contribute to the cost of such oversizing or increased
depth.
14.16.380 Extension of the Wastewater Collection System.
A. Any Person desiring to make an extension to the Wastewater Collection System of the city
to serve his property shall make a request in writing to the City Manager for preliminary
investigation into the feasibility of the extension.If the extension as requested is found to be
feasible by the City Manager,the extension may be made in accordance with the provisions
of this section.The City Manager shall cause the installation to be inspected and shall allow
the final connection to the city system if it is found that the extensions conform in all respects
with the standard specifications for Sewer within the city and with the sizes and grades
designated by the City Manager.
B. If a right-of-way is needed for the extension of the Sewer,the subdivider or Person installing
the Sewer shall obtain the right-of-way for the city or pay the cost to the city of acquiring the
right-of-way. If the City Manager determines that a pump station is necessary to serve the
property of the subdivider or Person installing the Sewer, the subdivider or Person shall
install a pump station meeting the specifications approved by the City Manager and shall pay
the full cost of the installation.
C. A reimbursement agreement may be concluded when a developer extends the Wastewater
Collection System beyond the terminus of the existing system and which extension makes
Sewer service available to other property owners along the frontage of the extension. Funds
reimbursed shall be from front footage charges.The duration of a reimbursement agreement
shall be ten years.
RMC Chapter 14.16, Sewers Page 21
V. Wastewater Discharge Permits and Requirements
14.16.400 Special requirements for Industrial Users.
All Significant Industrial Users connected to or proposing to connect to the Wastewater Collection
System shall obtain a permit from the City Manager as a condition to be connected to and to
discharge into the Wastewater Collection System. Industrial Users connected to or proposing to
connect to the Wastewater Collection System may be required to obtain a permit from the City
Manager as a condition to be connected to and to discharge into the Wastewater Collection System,
as determined by the City Manager.An existing Industrial User shall obtain the permit within ninety
days after receipt of notice from the City Manager that his discharge qualifies him as either an
Industrial User or a Significant Industrial User or provide evidence satisfactory to the City Manager
that his discharge does not bring him within these definitions.New Industrial Users shall obtain the
permit required in this section prior to connecting and discharging into the Wastewater Collection
System.
A. Permit Application.
Industrial Users seeking a Wastewater discharge permit shall complete an application in the
form prescribed by the city.
The applicant may be required to submit the following information:
1. Applicants name, mailing address, and standard industrial classification
number;
2. Location address of property producing Wastewater discharge,and name and
telephone number of Person to contact about discharge;
3. List of environmental control permits held by or for the applicant;
4. Volume of Wastewater to be discharged, including source, frequency, and
duration,peak and seasonal flows,and points of discharge to the Wastewater
Collection System;
5. Wastewater Constituents and Characteristics to be determined by an
independent laboratory approved by the city, including BOD, Suspended
Solids, pH, and any other constituents and characteristics as directed by the
City Manager;
6. Names of raw materials and products that would be defined as Incompatible
Pollutants if they were to be discharged into the Wastewater Collection
System. The City Manager may request additional information if the
applicant identifies that Incompatible Pollutants may be generated in the
manufacturing process;
7. Site plans, floor plans, mechanical and plumbing plans and details to show
all Sewers and appurtenances by size, location, and elevation;
8. A description of activities, facilities, and plant processes on the Premises,
including the names of raw materials used in production and related
processes and of byproducts;
9. Chemical names and quantities of all materials stored or which are or could
be discharged;
10. Each product produced by type, amount, and rate of production;
11. Number and types of employees and hours of work; and
RMC Chapter 14.16, Sewers Page 22
12. Any other information as may be deemed by the City Manager to be
necessary to evaluate the permit application.
B. Permit Issuance.
The City Manager shall evaluate the permit application and either require additional data, if
in his judgment such is required, or issue the permit subject to any or all of the following
conditions:
1. Limitations or restrictions on the average and the maximum Wastewater
Constituents and Characteristics;
2. Limitations on the rate and time of discharge or requirements for flow
regulations and equalization;
3. Requirements for installation of inspection, flow metering and sampling
facilities;
4. Require compliance with applicable Pretreatment Requirements or National
Pretreatment Standards by Industrial Users;
5. Specifications for monitoring programs which may include sampling
locations, frequency and method of sampling, number, types and standards
for tests and reporting schedules;
6. Requirements for development of compliance schedules and reports:
a. Baseline Report.
i. Within one hundred eighty days after the effective date of
Categorical Pretreatment Standards or one hundred eighty
days after the final administrative decision made upon a
categorical determination submission under 40 CFR
403.6(a)(4), whichever is later, existing Industrial Users
subject to Categorical Pretreatment Standards and currently
discharging to or scheduled to discharge to the POTW shall
be required to submit to the city a baseline report which
contains the information listed in 40 CFR 403.12(b)(1)-(7).
Where reports containing this information already have been
submitted in compliance with the requirement of 40 CFR
128.140(b) 1977, the Industrial User will not be required to
submit this information again.
ii. At least ninety days prior to commencement of discharge,
New Sources, and sources that become Industrial Users
subsequent to the promulgation of an applicable categorical
standard, shall be required to submit to the city a baseline
report which contains the information listed in 40 CFR
403.12(b)(1)-(5). New Sources shall also be required to
include in this report information on the method of
Pretreatment the source intends to use to meet applicable
Pretreatment Standards.New Sources shall give estimates of
information requested in 40 CFR 403.12(b)(4) and (5).
b. Compliance Schedule for Meeting Categorical Pretreatment
Standards.The city may require:(a)the development of a compliance
schedule by each Industrial User for the installation of technology
RMC Chapter 14.16,Sewers Page 23
required to meet applicable Categorical Pretreatment Standards;and
(b) the submission of all notices and self-monitoring reports from
Industrial Users as are necessary to assess and assure compliance by
Industrial Users with Categorical Pretreatment Standards,including
but not limited to the reports required in 40 CFR.
i. The following conditions shall apply to the compliance
schedule required by 40 CFR 403.12(b)(7). The schedule
shall contain increments of progress in the form of dates for
the commencement and completion of major events leading
to the construction and operation of additional Pretreatment
required for the Industrial User to meet the applicable
Categorical Pretreatment Standards(e.g.,hiring an engineer,
completing preliminary plans, completing final plans,
executing contract for major components, commencing
construction, etc).
ii. No increment referred to in subsection B 6bi will exceed nine
months.
iii. Not later than fourteen days following each date in the
schedule and the final date for compliance,the Industrial User
shall submit a progress report to the city, including at a
minimum whether or not he complied with the increment of
progress to be met on such date and,if not,the date on which
he expects to comply with this increment of progress, the
reason for delay, and the steps being taken by the Industrial
User to return the construction to the schedule established.In
no event shall more than nine months elapse between such
progress reports to the city.
c. Report on Compliance with Categorical Pretreatment Standards
Deadline.
i. Within ninety days following the date for final compliance
with applicable Categorical Pretreatment Standards,or in the
case of a New Sources following commencement of the
introduction of Wastewater into the POTW, any Industrial
User subject to Pretreatment Standards and Requirements
shall submit to the city a report containing the information in
40 CFR 403.12(b)(4)-(6). For Industrial Users subject to
equivalent mass or concentration limits established by the
city in accordance with the procedures in 40 CFR 403.6(c),
this report shall contain a reasonable measure of the Industrial
User's long term production rate. For all other Industrial
Users subject to Categorical Pretreatment Standards
expressed in terms of allowable pollutant discharge per unit
of production(or other measure of operation),this report shall
include the Industrial User's actual production during the
appropriate sampling period.
RMC Chapter 14.16, Sewers Page 24
d. Periodic Reports on Continued Compliance.
i. Any Industrial User subject to a Categorical Pretreatment
Standards, after the compliance date of such Pretreatment
Standard, or, in the case of a New Source, after
commencement of the discharge into the POTW,shall submit
to the city during the months of June and December, unless
required more frequently in said Pretreatment Standards or by
the city, a report indicating the nature and concentration of
pollutants in the effluent which are limited by such
Categorical Pretreatment Standards. In addition, this report
shall include a record of measured or estimated average and
maximum daily flows for the reporting period for the
discharge reported in paragraph 40 CFR 403.12(b)(4),except
that the city may require more detailed reporting of flows. At
the discretion of the city and in consideration of such factors
as local high or low flow rates, holidays, budget, cycles,etc.,
the city may agree to alter the months during which the above
reports are to be submitted.
ii. Where the city has imposed mass limitations on Industrial
Users as provided for by 40 CFR 403.6(d),the report required
by subsection B6di shall indicate the mass of pollutants
regulated by Pretreatment Standards in the discharge from the
Industrial User.
iii. For Industrial Users subject to equivalent mass or
concentration limits established by the city in accordance with
the procedures in 40 CFR 403.6(c), the report required by
subsection B6di shall contain a reasonable measure of the
Industrial User's long term production rate. For all other
Industrial Users subject to Categorical Pretreatment Standards
expressed only in terms of allowable pollutant discharge per
unit of production(or other measure of operation),the report
required by subsection B6di shall include the Industrial User's
actual average production rate for the reporting period;
7. Reporting requirements for Industrial Users subject to Pretreatment
Requirements:
a. Significant Industrial Users subject to Pretreatment Requirements
shall submit to the city at least once every six months, or on dates
specified by the city, a description of the nature, concentration, and
flow of the pollutants required. These reports shall be based on
sampling and analysis performed in the period covered by the report,
and performed in accordance with the techniques described in 40
CFR part 136 and amendments thereto. Where 40 CFR part 136 does
not contain sampling or analytical techniques for the pollutant in
question, or where it is determined that part 136 sampling and
analytical techniques are inappropriate for the pollutant in question,
RMC Chapter 14.16, Sewers Page 25
sampling and analysis shall be performed by using validated
analytical methods or any other applicable sampling and analytical
procedures, including procedures suggested by the city or other
Persons, approved by EPA. This sampling and analysis may be
performed by the city in lieu of the Significant Industrial User.
Where the city itself collects all the information required for the
report, the Significant Industrial User will not be required to submit
the report.
b. Recordkeeping Requirements. Any Industrial User of the POTW
subject to the reporting requirements established in this section shall
be required to retain for a minimum of three years any records of
monitoring activities and results (whether or not such monitoring
activities are required by this section) and shall make such records
available for inspection and copying by the City Manager and the
regional administrator. This period of retention shall be extended
during the course of any unresolved litigation regarding the Industrial
User or city or when requested by the City Manager or the regional
administrator;
8. Limitations on the discharge of Incompatible Pollutants found present within
the applicant's Wastewater discharge;
9. Compliance schedules;
10. Any other requirements that may be needed to protect the POTW,to prevent
pollutants from passing through the treatment plant without sufficient
treatment, or to avoid violation of federal discharge requirements;
11. Compliance with permit conditions shall be at the expense of the applicant,
except that the city may elect to sample and analyze the applicant's discharge.
C. Certification Requirement.
1. The reports required in subsections B6 and B7 of this section shall include the
following certification statement:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the Person(s) directly responsible for gathering said
information, the information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant penalties for
submitting false information,including the possibility of fine and imprisonment for
knowing violations."
2. The certification shall be signed by an Authorized Representative of the Industrial
User.
D. Duration of Permits.
Permits shall be issued for a specified time period,not to exceed five years. If the owner of
the permit is not notified by the city thirty days prior to expiration of the permit,the permit
shall be automatically extended for one additional year. The terms and conditions of the
permit may be subject to modification and change by the city during the life of the permit in
the event more stringent standards of pollution control or other more restrictive requirements
RMC Chapter 14.16, Sewers Page 26
are imposed on the city by federal or state law.The owner shall be informed of any proposed
changes in his permit at least sixty days prior to the effective date of such change, and any
change or new compliance condition imposed upon the owner shall include provision for a
reasonable time schedule for the owner's compliance.
E. Nontransferability of Permits.
Wastewater discharge permits are not transferable, either by operation of law or otherwise.
Wastewater discharge permits shall not be assigned, transferred, or sold. Changes of
ownership, size, or number of Premises or operation shall require the owner to apply for a
new Wastewater discharge permit.
F. Revocation of Permit.
Any Industrial User who violates any term or condition of his permit or of this chapter, or
any applicable federal or state regulation, is subject to having his permit revoked. If a
Wastewater discharge permit is revoked, the owner thereof shall not discharge into the
Wastewater Collection System until a new permit is obtained.
Examples of reasons/causes for permit revocation:
1. Failure to notify the city of significant changes to the Wastewater prior to the
changed discharge;
2. Failure to provide prior notification to the city of a changed condition pursuant to
Section 14.16.410;
3. Misrepresentation or failure to fully disclose all relevant facts in the Wastewater
discharge permit application;
4. Falsifying self-monitoring reports;
5. Tampering with monitoring equipment;
6. Refusing to allow the city timely access to the Premises or records;
7. Failure to meet effluent limitations;
8. Failure to pay Sewer charges;
9. Failure to meet compliance schedules.
G. Written reports will be deemed to have been submitted on the date postmarked. For reports
which are not mailed,postage prepaid,into a mail Facility served by the U.S.Postal Service,
the date of receipt of the report shall govern.
14.16.410 Permit denial.
The city reserves the right to deny a Wastewater discharge permit to an Industrial User proposing
to discharge into or connect to the Wastewater Collection System if the permit application or other
evidence reveals that the proposed discharge may upset or damage the Wastewater Collection
System, or will cause a violation of federal or state discharge standards, or will cause a public
nuisance, and the applicant is unable or unwilling to bring the discharge into acceptable norms.
Additionally,an Industrial User must notify the city prior to a significant change in his discharge and
receive approval of this change before the change occurs,as in cases of the Industrial User applying
for renewal of his permit.
The city has the authority under this chapter to deny or condition new or increased contributions
of pollutants to the POTW by Industrial Users where such contributions do not meet applicable
Pretreatment Requirements or National Pretreatment Standards or where such contributions would
cause a violation of the city's NPDES permit.
RMC Chapter 14.16, Sewers Page 27
14.16.420 Wastewater discharge permit modification.
The City Manager may modify the Wastewater discharge permit for good cause,including,but not
limited to, the following:
A. To incorporate any new or revised federal, state, or local Pretreatment Standards or
Requirements;
B. To address significant alterations or additions to the Industrial User's operation, processes,
or Wastewater volume or character since the time of Wastewater discharge permit issuance;
C. A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
D. Information indicating that the permitted discharge poses a threat to the city's POTW, city
personnel, or the receiving waters;
E. Violation of any terms or conditions of the Wastewater discharge permit;
F. Misrepresentations or failure to fully disclose all relevant facts in the Wastewater discharge
permit application, or in any required reporting;
G. Revision of or a grant of variance from Categorical Pretreatment Standards pursuant to 40
CFR 403.13;
H. To correct typographical or other errors in the Wastewater discharge permit.
The filing of a request by the permittee for a Wastewater discharge permit modification does
not stay any Wastewater discharge permit condition.
14.16.430 Wastewater discharge permit reissuance.
A Significant Industrial User shall apply for Wastewater discharge permit reissuance by submitting
a complete Wastewater discharge permit application in accordance with Section 14.16.400 a
minimum of ninety days prior to the expiration of the Industrial User's existing Wastewater discharge
permit.
14.16.440 Reports from non-Significant Industrial Users.
All Industrial Users not subject to Categorical Pretreatment Standards,Pretreatment Requirements
and not required to obtain a Wastewater discharge permit shall provide appropriate reports to the
POTW as the City Manager may require.
14.16.450 Notice of violation—repeat sampling and reporting.
If sampling performed by an Industrial User indicates a violation, the Industrial User must notify
the City Manager within twenty-four hours of becoming aware of the violation. The Industrial User
shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City
Manager within thirty days after becoming aware of the violation.The Industrial User is not required
to resample if the city performs monitoring at the Industrial User's Facility at least once a month,or
if the city performs sampling between the Industrial User's initial sampling and when the Industrial
User receives the results of this sampling.
14.16.460 Determination of noncompliance.
The City Manager may use Grab Sample(s) to determine noncompliance with Pretreatment
Requirements or National Pretreatment Standards.
///
RMC Chapter 14.16, Sewers Page 28
14.16.470 Publication of Industrial Users in Significant Noncompliance.
The city shall publish annually, in the largest daily newspaper published in the city, a list of the
Industrial Users which,during the previous twelve months,were in Significant Noncompliance with
applicable Pretreatment Requirements or National Pretreatment Standards.
14.16.480 Enforcement Response Plan.
Except as hereinafter provided, all Persons discharging Industrial Wastewater to the city's
Wastewater Collection System shall be governed by the city's Enforcement Response Plan
procedures. Said plan may be adopted by resolution of the city council, and amended from
time-to-time as necessary.
VI. General Pretreatment of Wastewater
14.16.500 Wastewater survey.
When requested by the City Manager,an Industrial User must submit information on the nature and
characteristics of his Wastewater by completing a Wastewater survey prior to commencing his
discharge. The City Manager is authorized to prepare a form for this purpose; and may also
periodically require an Industrial User to update the survey.Failure to complete this survey shall be
reasonable grounds for terminating service to the Industrial User,and shall be considered a violation
of this chapter.
14.16.502 Pretreatment facilities.
Industrial Users shall provide necessary Wastewater treatment as required to comply with this
chapter, and shall achieve compliance with all National Pretreatment Standards, Pretreatment
Requirements, local limits, and the prohibitions set out in Section 14.16.582 within the time
limitations specified by the EPA, the state, or the city, whichever is more stringent. Any facilities
required to pretreat Wastewater to a level acceptable to the city shall be provided, operated, and
maintained at the Industrial User's expense. Certified and detailed engineering plans showing the
Pretreatment facilities and operating procedures shall be submitted to the city for review, and shall
be acceptable to the city before construction of the Facility. The review of such plans and operating
procedures will in no way relieve the Industrial User from the responsibility of modifying the Facility
as necessary to produce an acceptable discharge to the POTW under the provisions of this chapter.
14.16.504 Additional Pretreatment measures.
A. Whenever deemed necessary,the City Manager may require an Industrial User to restrict his
discharge during peak flow periods; designate that certain Wastewater be discharged only
into specific Sewers;relocate and/or consolidate points of discharge;separate Sewage waste
streams from Industrial Waste streams; and such other conditions as may be necessary to
protect the POTW and to determine the Industrial User's compliance with the requirements
of this chapter.
B. Grease, Oil, and sand interceptors shall be provided when, in the opinion of the City
Manager, they are necessary for the proper handling of Wastewater containing excessive
amounts of Grease, Oil, or sand, except that such interceptors shall not be required for
residential Users.All interception units shall be of a type and capacity approved by the City
Manager,and shall be so located as to be easily accessible for cleaning and inspection. Such
RMC Chapter 14.16, Sewers Page 29
interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the owner at
his expense.
C. Industrial Users with the potential to discharge flammable substances may be required to
install and maintain an approved combustible gas detection meter.
D. At no time shall readings of an explosion hazard meter at the point of discharge into the
POTW,or at any point in the POTW,be more than ten percent of the Lower Explosive Limit
(LEL) of the meter.
14.16.506 Monitoring facilities.
The city may require an Industrial User to construct, at his own expense, monitoring facilities to
allow inspection, sampling, and flow measurements of the Premises, Sewer, or internal drainage
systems; and may also require sampling, metering equipment, or flow measurement devices to be
provided,installed,and operated at the owner's expense. Such monitoring facilities shall be situated
on the owner's Premises.
Monitoring facilities shall include accommodations to allow access by city personnel, such as a
cover secured with a city-owned lock. There shall be adequate room in or near the monitoring
facilities to permit accurate sampling,flow measuring,and composting of samples for analysis.The
monitoring facilities and procedures and the equipment therefore shall be provided and maintained
at all times in a safe and proper operating condition, and at the expense of the Industrial User or
applicant.
Monitoring facilities shall be constructed in accordance with uniform standards and specifications
provided by the city. For existing Industrial Users, construction thereof shall be completed within
one hundred twenty days following written notification of the above requirements by the city. For
new Industrial Users, construction thereof shall be completed prior to Sewer discharge.
14.16.508 Flow measurement.
All Industrial Users who discharge twenty-five thousand gallons per day or more of Industrial
Wastewater shall install a continuous monitoring flow meter capable of measuring the Industrial
User's discharge to the POTW. The flow measurement device shall conform to standards issued by
the City Manager and be maintained as per the Industrial User's permit.
14.16.510 Tenant responsibility.
Where an owner of property leases Premises to any other Person as a tenant under any rental or
lease agreement, if either the owner or the tenant is an Industrial User, either or both may be held
responsible for compliance with the provisions of this chapter.
14.16.515 Vandalism.
No Person shall maliciously, wilfully, or negligently break, damage, destroy, uncover, deface,
tamper with,or prevent access to any structure,appurtenance,equipment,or other part of the POTW.
Any Person found in violation of this requirement shall be subject to the sanctions set out in
administrative,judicial, or any supplemental enforcement actions established within this chapter.
14.16.520 Separation of domestic and Industrial Wastes.
Every Person who discharges Industrial Wastewater shall keep the Domestic Wastewater separate
from all Industrial Wastewater until the Industrial Wastewater has passed through any required
Pretreatment system or device, or the Industrial Wastewater control manhole or sampling station.
RMC Chapter 14.16,Sewers Page 30
14.16.530 Gravity Separation Interceptor requirements.
A. All Gravity Separation Interceptor chambers shall be immediately accessible at all times for
the purposes of inspection and cleaning.At no time shall any material, debris, obstacles, or
obstructions be placed in such a manner so as to prevent immediate access to the Gravity
Separation Interceptor.
B. Any Gravity Separation Interceptor legally and properly installed before the effective date
of this chapter shall be acceptable as an alternative to the Gravity Separation Interceptor
specified herein, provided such Gravity Separation Interceptor is effective in removing
floatable and settleable material and is so designed and installed that it can be inspected and
properly maintained.
C. If the City Manager finds,either by engineering knowledge or by observation,that a Gravity
Separation Interceptor is incapable of retaining adequately the floatable and settleable
material in the Wastewater flow,is structurally incomplete,or is undersized for the Facility,
he shall condemn such Gravity Separation Interceptor and declare that it does not meet the
requirements of this chapter, and shall require the Industrial User to install, at his expense,
an acceptable replacement Gravity Separation Interceptor.
14.16.532 Standard Gravity Separation Interceptor designs and policies.
The City Manager shall maintain a file available for public use of suitable designs and policies of
Gravity Separation Interceptors. These shall be for informational purposes only. Installation of a
Gravity Separation Interceptor of a design shown in this file, or of any design meeting the size
requirements set forth in this chapter, shall not impute any liability to the city for the adequacy of
the Gravity Separation Interceptor under actual conditions of use. It shall not relieve the owner or
proprietor of responsibility for keeping floatable and settleable material out of the Sewer.
14.16.534 Gravity Separation Interceptor approval.
If a Gravity Separation Interceptor is required,the City Manager will only approve plumbing plans
which include a Gravity Separation Interceptor which meets the requirements of this chapter.
14.16.536 Gravity Separation Interceptor maintenance.
A. Any Person who owns,operates,or maintains a Gravity Separation Interceptor shall maintain
it properly. It shall be cleaned as often as is necessary to ensure that sediment and floating
materials do not accumulate to impair the efficiency of the Gravity Separation Interceptor.
The use of emulsifiers, bacterial additives, or other chemical agents to dissolve Grease is
specifically prohibited.When a Gravity Separation Interceptor is cleaned,the sidewalls shall
be scraped and hosed down, while all the solids and liquids contained are removed. All
wastes removed from any Gravity Separation Interceptor shall be legally disposed of other
than to the Sewer. The City of Redding specifically prohibits the following Gravity
Separation Interceptor practices: (1) pumping to remove only accumulated sediments or
floating materials; (2)pumping operations which specifically separate floating or sediment
solid wastes from Wastewater and then return or decant the separated Wastewater back into
the Gravity Separation Interceptor; and(3)transporting any hauled pollutants from another
location for discharge into a Gravity Separation Interceptor.A Gravity Separation Interceptor
is not considered to be properly maintained if for any reason it is not in good working
condition with all internal required plumbing of proper design and length in place, or if the
operational fluid capacity has been reduced by more than twenty-five percent by the
RMC Chapter 14.16, Sewers Page 31
accumulation of floating and settled solids, Oils, and Greases. The owner of any Premises
required to install a Gravity Separation Interceptor;the lessee and sublessee,if there be such;
and any proprietor,operator,or superintendent of such Facility are individually and severally
liable for any failure of proper maintenance of such Gravity Separation Interceptor.
B. If the Gravity Separation Interceptor is not maintained adequately under the conditions of
use, the Gravity Separation Interceptor shall be resized and the Industrial User shall install
one which is effective in accomplishing the intended purpose.
14.16.540 Restaurants.
A. Restaurants shall include,but not be limited to,retail establishments selling prepared foods
and drinks for consumption on the Premises,and also lunch counters and refreshment stands
selling prepared foods and drinks for immediate consumption.Restaurants,lunch counters,
and drinking places operated as a subordinate service Facility by other establishments shall
also be included.
B. Any Person who operates,owns,or maintains a restaurant shall cause all restaurant wastes
from floor drains,floor sinks,sinks,waste containers,wash racks,dishwashers,and garbage
grinders to be directed through a minimum one thousand two hundred fifty gallon Gravity
Separation Interceptor, and shall keep all Domestic Wastewater from restrooms, showers,
drinking fountains, and condensate (i.e., ice melt, air conditioning) separate from the
restaurant Wastewater until the restaurant Wastewater have passed through all necessary
Pretreatment equipment devices, or monitoring stations. Sizing of Gravity Separation
Interceptors shall be determined as described in the Uniform Plumbing Code,Appendix H,
as adopted by the city.
14.16.545 Prohibited restaurant Wastewater discharges.
No Person who owns, operates, or maintains a restaurant shall at any time discharge any
Wastewater to the street, storm drain, storm channel, parking lots, service dock areas, or ground,
except for unpolluted cooling water that has been approved by the Municipal Utilities Department
and the building division. Wastewater generated by restaurants must be disposed of to a Gravity
Separation Interceptor connected to a Sewer.
14.16.550 Right of entry for inspection.
A. The officers,employees,and inspectors of the Municipal Utilities Department shall have the
authority to enter any Premises for the purpose of investigating the existence of suspected
or reported violations of this chapter which constitute an imminent and substantial danger
to human life or an imminent and substantial hazard to public safety or health.
B. Except in emergency situations, the officers, employees, and inspectors of the Municipal
Utilities Department shall not enter any Premises without the consent of the owner or
occupant thereof, unless such officer or inspector possesses a search warrant authorizing
entry and search of the Premises.
C. No Person shall hinder or prevent an officer, employee, or inspector of the Municipal
Utilities Department,while in the performance of the duties prescribed in this section,from
entering upon and into any and all areas where chemicals and raw materials are stored and
records are kept on the Premises under his jurisdiction, at all reasonable hours, for the
purpose of inspecting them to determine whether or not the Industrial User is in compliance
RMC Chapter 14.16, Sewers Page 32
with the provisions of this chapter and all other applicable laws or ordinances pertaining to
the protection of Persons or property.
D. Whenever any Sewer Connection work is being done contrary to the provisions of this code,
the City Manager may order the work stopped by notice in writing served on any Person
engaged in the doing or causing of the work to be done,and any such Person shall forthwith
stop the work until authorized by the City Manager to proceed with the work.
14.16.555 Search warrants.
If the City Manager or his duly authorized staff representatives have been refused access to a
building, structure, or property, or any part thereof, and if the City Manager has demonstrated
probable cause to believe that there may be a violation of this chapter and that there is a need to
inspect the same as part of a routine inspection of the city's Pretreatment program to verify
compliance with this chapter,or any permit or order issued hereunder,or to protect the overall public
health,safety,and welfare of the community,then upon application by the city a court of competent
jurisdiction issue a search and/or seizure warrant describing therein the specific location subject to
the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the
property described. Such warrant shall be served at reasonable hours,as prescribed by the court. In
the event of an emergency affecting public health and safety,inspections shall be made without the
issuance of a warrant.
14.16.560 Inspection and sampling.
The city shall have the right to inspect the facilities of any Industrial User to ascertain whether or
not the provisions of this chapter are being or have been complied with. The permit holder shall
allow the city or its agents access at all reasonable times to all portions of the owner's Premises for
the purposes of inspection or monitoring as required by this chapter.
A. Where an Industrial User has security measures in force which require proper identification
and clearance before entry into his Premises, the Industrial User shall make necessary
arrangements with his security guards so that, upon presentation of suitable identification,
personnel from the city, state, and EPA will be permitted to enter without delay for the
purposes of performing their specific responsibilities.
B. The city, state, and EPA shall have the right to set up on the Industrial User's property, or
require the installation of,such devices as are necessary to conduct sampling and/or metering
of the Industrial User's operations.
C. The city may require the Industrial User to install monitoring equipment as necessary. The
Industrial User's sampling and monitoring equipment shall be maintained at all times in a
safe and proper operating condition by the Industrial User at his own expense. All devices
used to measure Wastewater flow and quality shall be calibrated periodically to ensure their
accuracy.
D. Any temporary or permanent obstruction to safe and easy access to the Premises to be
inspected and/or sampled shall be promptly removed by the Industrial User at the written or
verbal request of the City Manager and shall not be replaced. The costs of clearing such
obstruction shall be borne by the Industrial User.
E. Unreasonable delays in allowing city personnel access to the Industrial User's Premises shall
be a violation of this chapter.
RMC Chapter 14.16, Sewers Page 33
14.16.562 Sample collection.
A. Except as indicated below,the Industrial User must collect Wastewater samples using flow
proportional composite collection techniques. In the event flow proportional sampling is
infeasible, the City Manager may authorize the use of time proportional sampling through
a minimum of four Grab Samples where the Industrial User demonstrates that such sampling
will provide a representative sample of the effluent being discharged. In addition, Grab
Samples may be required to show compliance with Instantaneous Discharge Limits.
B. Samples for Oil and Grease, temperature, pH, cyanide, phenols, toxicity, sulfides, and
volatile organic chemicals must be obtained using grab sampling techniques.
C. The city may choose to collect the Wastewater samples required of the Industrial User in
subsections A and B of this section.
14.16.564 Test procedures.
All Wastewater analyses shall be performed in accordance with procedures established by the EPA
administrator pursuant to Section 304(h)of the Clean Water Act and contained in 40 CFR 136 and
amendments thereto,or with any other test procedures approved by the administrator.Sampling shall
be performed in accordance with the techniques approved by the administrator. Where 40 CFR 136
does not include sampling or analytical techniques for the pollutants in question, or where the
administrator determines that the 40 CFR 136 sampling and analytical techniques are inappropriate
for the pollutant in question, sampling and analyses shall be performed using validated analytical
methods or any other sampling and analytical procedures,including procedures suggested by the city
or other parties, approved by the administrator.
14.16.570 Notification of discharge.
A. An Industrial User shall immediately notify the city whenever he has accidentally discharged
any material which could cause problems to the POTW, including any slug loading or
prohibited wastes in violation of federal or state law or of this chapter,in order that the city
may immediately take countermeasures to minimize damage to the POTW and minimize
pollution of the Sacramento River.Within fifteen days of the accidental discharge,the permit
holder shall give a detailed written statement describing the cause of the accidental discharge
and the measures being taken to prevent any subsequent occurrence. Compliance with this
section shall not relieve the permit holder from any liability for damage to the POTW or the
river.
B. Notices to Employees. The permit holder shall permanently post on all bulletin boards used
by employees in the permit holder's plant information as to whom to call in case of accidental
discharge of pollutant material in violation of this chapter.
C. Industrial Users shall notify the city, the EPA Regional Waste Management Division
Director, and the state hazardous waste authorities in writing of any discharge into the
POTW of a substance which,if otherwise disposed of,would be hazardous waste under 40
CFR 261. Such notification must include the name of the hazardous waste set forth in 40
CFR 261; the EPA hazardous waste number; and the type of discharge (continuous, batch,
or other).
If the Industrial User discharges more than one hundred kilograms of such waste per calendar
month to the POTW, the notification shall also contain the following information, to the
extent such information is known and readily available to the Industrial User: An
identification of the hazardous constituents contained in the wastes; an estimation of the
RMC Chapter 14.16, Sewers Page 34
mass and concentration of such constituents in the waste stream discharged during that
calendar month;and an estimation of the mass of constituents in the waste streams expected
to be discharged during the following twelve months.
1. a. All notifications must take place within one hundred eighty days of the
effective date of the federal regulations (Federal Register, July 24, 1990).
Industrial Users who commence discharging after the effective date of this
regulation shall provide the notification no later than one hundred eighty days
after the discharge of the listed or characteristic hazardous waste.
b. Any notification under this paragraph need be submitted only once for each
hazardous waste discharged. However, notifications of changed discharges
must be submitted in accordance with 40 CFR 403.12 (j). The notification
requirement in this section does not apply to pollutants already reported under
the self-monitoring requirements of 40 CFR 403.12 (b), (d), and(e).
2. Discharges are exempt from the requirements of paragraph C of this section during
a calendar month in which they discharge no more than fifteen kilograms of
hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40
CFR 261.30(d)and 261.33(e).Discharges of more than fifteen kilograms of nonacute
hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes
as specified in 40 CFR 261.30(d) and 261.33(e), require a one-time notification.
Additional notification is not required in subsequent months during which the
Industrial User discharges more than such quantities of any hazardous waste.
3. In the case of any new regulations under Section 3001 of the RCRA identifying
additional characteristics of hazardous waste, or listing any additional substance as
a hazardous waste,the Industrial User must notify the city,the EPA Regional Waste
Management Division Director, and the state hazardous waste authorities of the
discharge of such substance within ninety days of the effective date of such
regulations.
4. In the case of any notification made under this section, the Industrial User shall
certify that he has a program in place to reduce the volume and toxicity of hazardous
wastes generated to the degree he has determined to be economically practical.
14.16.575 Notification of changed discharge.
An Industrial User shall promptly notify the city in advance of any substantial change in the volume
or character of pollutants in his discharge, for the city's approval prior to the Industrial User's
initiation of the change.For the purposes of this section,"change"shall include any of the following
items in which a positive or negative change of twenty-five percent occurs: the Industrial Wastes
discharged; additional processes; additional or different equipment; or an increase in production
capacity.
14.16.580 Dilution.
No Industrial User shall ever increase the use of process water, or in any way attempt to dilute a
discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a
discharge limitation unless expressly authorized by an applicable Pretreatment Requirement. The
City Manager may impose mass limitations on Industrial Users which are using dilution to meet
RMC Chapter 14.16, Sewers Page 35
applicable Pretreatment Requirements,National Pretreatment Standards or in other cases when the
imposition of mass limitations is appropriate.
14.16.582 Prohibited discharges.
A. General Prohibitions. A User may not introduce into a POTW any pollutant(s)which cause
Pass Through or Interference. These general prohibitions and specific prohibitions in
paragraph B of this section apply to each User introducing pollutants into a POTW whether
or not the User is subject to other National Pretreatment Standards or any national,State,and
or local Pretreatment Requirements.
B. Specific Prohibitions. In addition, the following pollutants shall not be introduced in a
POTW:
1. Any Wastewater containing pollutants, including oxygen demanding pollutants
(BOD, etc), released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will cause Interference
with either the POTW,or any Wastewater treatment or sludge process,or which will
constitute a hazard to humans or animals;
2. Any substances having a temperature greater than one hundred fifty degrees
Fahrenheit,or any substance that causes the temperature at the POTW to exceed one
hundred four degrees Fahrenheit;
3. Any pollutant or other product which,by reason of its nature or quantity,may cause
a fire or explosion hazard in the POTW,including,but not limited to,waste streams
with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit or
sixty degrees Centigrade using the test methods specified in 40 CFR 261.21 or that
may in any way be injurious to human life or the POTW;
4. Any Wastewater with a pH equal to or less than 6.8 and any Wastewater with a pH
equal to or greater than 12.0, or as authorized by the City Manager in the User's
Wastewater discharge permit;
5. Any solid or viscous pollutants in amounts which will cause obstruction to the flow
in the POTW,resulting in Interference;
6. Cooling water or other wastes sufficiently clean to be disposed of as stormwater in
cases where storm drains or Natural Outlets for such waters exist;
7. Any pollutant,including,but not limited to,petroleum Oil,nonbiodegradable cutting
Oil, or products of mineral Oil in a sufficient quantity to Pass Through or interfere
with the POTW;
8. Any pollutant in a sufficient quantity to Pass Through the POTW and harm Persons,
livestock, or growing plants utilizing the treated Wastewater;
9. Stormwater, uncontaminated groundwater, or surface water;
10. Any pollutant which results in the presence of toxic gases,vapors, or fumes within
the POTW in a quantity that may cause an acute worker health and safety problem;
11. Any transported or hauled pollutants, except at discharge points designated by the
city;
12. Except where expressly authorized to do so by an applicable Pretreatment
Requirement, no Industrial User shall ever increase the use of process water, or in
any other way attempt to dilute a discharge as a partial or complete substitute for
adequate treatment to achieve compliance with a Pretreatment Requirement;
RMC Chapter 14.16, Sewers Page 36
13. Any Wastewater that imparts color which cannot be removed by the treatment
process(such as,but not limited to,dye wastes and vegetable tanning solutions)and
consequently imparts color to the treatment plant's effluent, thereby violating the
city's NPDES permit. Color in combination with turbidity shall not cause the
treatment plant effluent to reduce the depth of the compensation point for
photosynthetic activity by more than ten percent from the seasonably established
norm for aquatic life;
14. Any Wastewater containing any radioactive wastes or isotopes,except as specifically
approved by the City Manager in compliance with applicable state or federal
regulations;
15. Any Medical Waste in a manner or quantity which is inconsistent with the objectives
of Pretreatment Requirements,this chapter,or any statute,regulation,rule,ordinance,
or guidelines established by any public agency having jurisdiction over said
discharges;
16. Any Wastewater causing the treatment plant's effluent to fail a toxicity test;
17. Any wastes containing detergents, surface active agents, or other substances which
may cause excessive foaming in the POTW;
18. Any discharge of fats, Oils, or Greases of animal or vegetable origin in excess of
three hundred mg/1, and any discharge of Oils and Greases of mineral or petroleum
origin in excess of one hundred mg/l.
14.16.584 Specific pollutant limitations.
Except as hereinafter provided, no Person shall discharge Industrial Wastewater flow to a Public
Sewer of the city unless he conforms to all of the locally derived constituent limitations. Said
limitations may be adopted by resolution of the city council, and amended from time-to-time as
necessary.
14.16.586 Protective devices preventing accidental discharge.
Each Industrial User shall provide such protection from accidental discharge of pollutants or other
prohibited materials as shall be reasonably required by the city. Such protective devices shall be
provided and maintained at the expense of the Industrial User. Detailed plans of such devices and
facilities shall be submitted to the city in writing for review and acceptance prior to the construction
or installation of such devices or equipment.No Person shall operate a spill containment system that
allows incompatible liquids to mix,thereby creating hazardous or toxic substances in the event of
failure of one or more containers.Spill containment systems shall consist of a system of dikes,walls,
barriers, berms, or other devices designed to contain spillage of the liquid contents of containers.
Spill containment systems shall be constructed of impermeable and nonreactive materials to the
liquids being contained; and shall conform to all local regulations and policies such as percent
containment, container type, and size.
14.16.588 Accidental discharge/slug control plans.
All Industrial Users subject to Pretreatment Requirements or National Pretreatment Standards shall
notify the city immediately of all discharges that could cause problems to the POTW,including any
slug loading or prohibited discharge.
The city may require any Industrial User to develop and implement an accidental discharge/slug
control plan. The city will evaluate accidental discharge/slug control plan needs for all Industrial
RMC Chapter 14.16, Sewers Page 37
Users classified as Significant Industrial Users.This evaluation shall be done at least once every two
years. Any Industrial User required to develop and implement an accidental discharge/slug control
plan shall submit a plan which addresses, at a minimum, the following:
A. Description of discharge practices, including nonroutine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the city of any accidental or Slug Discharge. Such
notification must also be given,for any discharge which would violate any of the prohibited
discharges in this chapter; and
D. Procedures to prevent impact from any accidental or Slug Discharge. Such procedures
include, but are not limited to, inspection and maintenance of storage areas, handling and
transfer of materials, loading and unloading operations, control of plant site runoff,worker
training, building or containment structures or equipment,procedures for containing toxic
organic pollutants (including solvents), and/or procedures and equipment for emergency
response.
14.16.590 Compliance schedule.
The city may require(a)the development of a compliance schedule by each Industrial User for the
installation of technology required to meet applicable Pretreatment Requirements or Standards;and
(b)the submission of all notices and self-monitoring reports from Industrial Users as are necessary
to assess and assure compliance by Industrial Users with Pretreatment Requirements,including,but
not limited to,the reports required in 40 CFR 403.12.
If additional Pretreatment and/or operation and maintenance (O&M)will be required to meet the
Pretreatment Requirements or National Pretreatment Standards,the Industrial User shall submit the
shortest schedule by which the Industrial User will provide such additional Pretreatment and/or
O&M. The completion date in this schedule shall not be later than the compliance date established
for the applicable Pretreatment Requirements or Standards.
The compliance schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction and operation of
additional Pretreatment required for the Industrial User to meet the applicable Pretreatment
Requirements or Standards. Such events shall include, but not be limited to, hiring an engineer,
completing preliminary and final plans,executing contracts for major components,commencing and
completing construction, beginning and conducting routine operations. No progress increment
referred to above shall exceed nine months.The Industrial User shall submit a progress report to the
City Manager no later than fourteen days following each date in the schedule and the final date of
compliance, including, at a minimum, whether or not he complied with the increment of progress,
the reason for any delay,and,if appropriate,the steps being taken by the Industrial User to return to
the established schedule. In no event shall more than nine months elapse between each progress
report to the City Manager.
VII. Administrative Enforcement Actions
14.16.600 Notification of violation.
Whenever the City Manager finds that any User has violated or is violating this chapter, a
Wastewater discharge permit,or an order issued hereunder,or any other Pretreatment Requirement,
the City Manager may serve upon said User a written notice of violation. Within seven days of the
RMC Chapter 14.16, Sewers Page 38
receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and
prevention thereof shall be submitted by the User to the City Manager. Submission of this plan in
no way relieves the User of liability for any violations occurring before or after receipt of the notice
of violation.Nothing in this section shall limit the authority of the city to take any action,including
emergency actions or any other enforcement action, without first issuing a notice of violation.
14.16.610 Consent orders.
The City Manager is empowered to enter into consent orders,assurances of voluntary compliance,
or other similar documents establishing an agreement with any User responsible for noncompliance.
Such orders will include specific actions to be taken by the User to correct the noncompliance within
a time period specified by the order. Consent orders shall have the same force and effect as the
administrative orders issued pursuant to Sections 14.16.630 and 14.16.640, and shall be judicially
enforceable.
14.16.620 Show cause hearings.
The City Manager may order any User which causes or contributes to violation(s)of this chapter,
or Wastewater discharge permits,or orders issued hereunder,or any other Pretreatment Requirement,
to appear before the City Manager and show cause why a proposed enforcement action should not
be taken. Notice shall be served on the User, specifying the time and place for the hearing, the
proposed enforcement action, the reasons for such action, and a request that the User show cause
why this proposed enforcement action should not be taken.The notice of the hearing shall be served
personally or by certified mail,return receipt requested,at least seven days prior to the hearing.Such
notice may be served on any authorized representative of the User. Whether or not the User appears
as ordered,immediate enforcement action may be pursued following the hearing date.A show cause
hearing shall not be a prerequisite for taking any other action against the User.
14.16.630 Compliance orders.
When the City Manager finds that a User has violated or continues to violate this chapter, or
Wastewater discharge permits or orders issued hereunder, or any other Pretreatment Requirement,
he may, following a mandatory show cause hearing, issue an order to the User responsible for the
discharge directing that the User come into compliance within the time period established in a show
cause hearing.Failure to achieve compliance shall result in Sewer service being discontinued unless
adequate treatment facilities, devices, or other related appurtenances are installed and properly
operated. Compliance orders may also contain other requirements to address the noncompliance,
including additional self-monitoring and management practices designed to minimize the amount
of pollutants discharged to the Sewer. A compliance order may not extend the deadline for
compliance established for Pretreatment Requirements or National Pretreatment Standards,nor does
a compliance order release the User of liability for any violation,including any continuing violation.
Issuance of a compliance order shall not be a prerequisite to taking any other action against the User.
14.16.640 Cease and desist orders.
When the City Manager finds that a User has violated or is violating this chapter; or the User's
Wastewater discharge permit;or any order issued hereunder;or any other Pretreatment Requirement
or that the User's past violations are likely to recur,he may issue an order to the User directing him
to cease and desist all such violations and directing the User to:
A. Immediately comply with all requirements; and
RMC Chapter 14.16, Sewers Page 39
B. Take such appropriate remedial or preventive action as may be needed to properly address
a continuing or threatened violation, including halting operations and/or terminating the
discharge.
The issuance of a cease and desist order shall not be a prerequisite to taking any other action against
the User.
14.16.650 Administrative fines.
A. Notwithstanding the provisions of any other section of this chapter, any User that is found
to have violated any provision of this chapter;the User's Wastewater discharge permit; any
order issued hereunder; or any other Pretreatment Requirement may be fined in an amount
not to exceed two hundred fifty dollars per violation per day. Such fines shall be assessed on
a per violation, per-day basis. In the case of monthly or other long-term average discharge
limits, fines shall be assessed for each day during the period of violation.
B. Assessments may be added to the User's next scheduled Sewer service charge,and the City
Manager shall have such other collection remedies as may be available for other service
charges and fees.
C. Unpaid charges, fines, and penalties shall, after fifteen calendar days, be assessed an
additional penalty of 1.5 percent of the unpaid balance, and interest shall accrue thereafter
at a rate of 1.5 percent per month.A lien against the individual User's property will be sought
for unpaid charges, fines, and penalties.
D. Users desiring to dispute such fines must file a written request to the City Manager to
reconsider the fine,along with full payment of the fine,within fifteen calendar days of being
notified of the fine. Where a request has merit,the City Manager shall convene a hearing on
the matter within thirty calendar days of receiving the request from the User.In the event the
User's appeal is successful,the fine paid by the User to the city shall be returned to the User.
The city may add the costs of preparing administrative enforcement actions, such as notices
and orders, to the fine.
E. Issuance of an administrative fine shall not be a prerequisite for taking any other action
against the User.
14.16.660 Emergency suspensions.
The City Manager may immediately suspend a User's discharge or his Wastewater discharge permit
after informal notice to the User or Person in charge whenever such suspension is necessary in order
to stop an actual or threatened discharge that reasonably appears to present or cause an imminent or
substantial endangerment to environment, the health or welfare of Persons, or is a threat to the
operation of the POTW. Said informal notice shall be confirmed by the city to the User in writing
within three days following the informal notice of suspension.
A. Any User notified of a suspension of his discharge or his Wastewater discharge permit shall
immediately stop or eliminate his discharge. In the event of a User's failure to immediately
comply voluntarily with the order to suspend, the City Manager shall take such steps as
deemed necessary, including immediate severance of the Sewer Connection, to prevent or
minimize damage to the POTW,its receiving stream,or endangerment to any individuals or
the environment.The City Manager shall allow the User to recommence his discharge when
the User has demonstrated to the satisfaction of the city that the period of endangerment has
RMC Chapter 14.16, Sewers Page 40
passed, unless the termination of discharge proceedings set forth in Section 14.16.690 are
initiated against the User.
B. A User that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence to the City Manager,
prior to the date of any show cause or termination hearing under Sections and 14.16.620 and
14.16.690.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension
under this section.
14.16.670 Falsifying information.
Any Person who knowingly makes any false statement,representation,record,report,plan,or other
document filed with the City Manager or the city council, or who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device or method required under this chapter,shall be
punished by a fine of not more than five hundred dollars or by imprisonment in a county jail for not
more than six months, or both.
14.16.680 Provisions governing fraud.
The reports and other documents required to be submitted or maintained under this chapter shall
be subject to the following:
A. The provisions of 18 U.S.C. Section 1001 relating to fraud and false statements;
B. The provisions of Section 309 (c) (4) of the Clean Water Act, as amended, governing false
statements, representation, or certification; and
C. The provisions of Section 309(c)(6)regarding responsible corporate officers.
14.16.690 Termination of discharge.
In addition to any other provisions contained in this chapter,any User that violates any one of the
following conditions is subject to discharge termination:
A. Violation of any Wastewater discharge permit condition;
B. Failure to accurately report the Wastewater Constituents and Characteristics of his discharge;
C. Failure to report significant changes in operations or Wastewater volume, constituents, and
characteristics prior to discharge;
D. Refusal of reasonable access to the User's Premises for the purpose of inspection, monitoring,
or sampling;
E. Violation of National Pretreatment Standards, Pretreatment Requirements, local specific
pollutant limits, and prohibited discharge standards;
F. Any violation of an order issued hereunder.
Such User will be notified of the proposed termination of his discharge, and be offered an
opportunity to show cause under Section 14.16.620 why the proposed action should not be taken.
VIII. Judicial Enforcement Actions
14.16.700 Civil penalties.
A. Any User which has violated or continues to violate this chapter, a Wastewater discharge
permit,or an order issued hereunder, or any other Pretreatment Requirement shall be liable
for a minimum civil penalty of a minimum of one thousand dollars and not to exceed twenty-
RMC Chapter 14.16, Sewers Page 41
five thousand dollars per violation per day. In the case of a monthly or other long-term
average discharge limit,penalties shall accrue for each day during the period of the violation.
B. The city may recover reasonable attorney's fees, court costs, and other expenses associated
with enforcement activities,including sampling and monitoring expenses and the cost of any
actual damages incurred by the city.
C. In determining the amount of civil liability, the court shall take into account all relevant
circumstances,including,but not limited to,the extent of harm caused by the violation,the
magnitude and duration,any economic benefit gained through the User's violation,corrective
actions by the User, the compliance history of the User, and any other factor as justice
requires.
D. Filing a suit for civil penalties shall not be a prerequisite for taking any other action against
a User.
14.16.710 Criminal penalties.
A. Any User that wilfully or negligently violates any provision of this chapter, a Wastewater
discharge permit, or an order issued hereunder, or any other Pretreatment Standard or
Requirement,shall,upon conviction,be guilty of a misdemeanor,punishable by a minimum
fine of five thousand dollars and not more than twenty-five thousand dollars per violation per
day or imprisonment for not more than six months in the county jail, or both.
B. Any User that wilfully or negligently introduces any substance into the POTW which causes
personal injury or property damage shall,upon conviction,be guilty of a misdemeanor and
be subject to a penalty of at least five thousand dollars and not more than twenty-five
thousand dollars or be subject to imprisonment for six months, or both.
C. Any User that knowingly makes any false statements,representations,or certifications in any
application,record,report,plan, or other documentation filed or required to be maintained
pursuant to this chapter, a Wastewater discharge permit or order, or who falsifies, tampers
with,or knowingly renders inaccurate any monitoring device or method required under this
chapter shall,upon conviction,be punished by a minimum fine of five thousand dollars and
not more than twenty-five thousand dollars per violation per day or imprisonment for not
more than one year, or both.
14.16.720 Liability for other penalties.
In the event that any violation of this chapter causes the city to become liable for civil or criminal
fines or penalties imposed by the federal or state government for improper Wastewater discharge,
the owner of the Premises responsible for such discharge shall indemnify and hold harmless the city,
its officers, elected officials, employees, agents, and volunteers, from any such penalty imposed,
including reasonable attorney's fees for the necessary defense of any action or proceeding brought
to impose such fine or penalties, and in addition shall pay an administrative penalty or ten percent
of such fine or penalty which may be imposed. The provisions of this section shall be in addition to
any other fine or penalty imposed by this chapter.The owner of any Premises failing to so indemnify
the city shall have service terminated.
14.16.730 Injunctive relief.
Whenever a User has violated or continues to violate this chapter,a Wastewater discharge permit,
or an order issued hereunder, or any other Pretreatment Standard or Requirement the city may
petition a court of competent jurisdiction for the issuance of a temporary or permanent injunction,
RMC Chapter 14.16, Sewers Page 42
as appropriate, which restrains or compels the specific performance of the Wastewater discharge
permit, or order, or other Pretreatment Requirements or Standards imposed by this chapter on
activities of the User. Such other action as appropriate for legal and/or equitable relief may also be
sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any
other action against a User.
14.16.740 Remedies nonexclusive.
The city reserves the right to take any, all, or any combination of these actions against a
noncompliant User. Enforcement of Pretreatment violations will generally be in accordance with
the city's Enforcement Response Plan. However, the city reserves the right to take other action
against any User when the circumstances warrant.If the city takes more than one enforcement action
against a noncompliant User, said actions may be taken concurrently.
IX. Supplemental Enforcement Actions
14.16.800 Public nuisance.
Discharge of Wastewater in any manner in violation of this chapter, or of any order issued by the
City Manager as authorized by this chapter, is declared a public nuisance and shall be corrected or
abated as directed by the City Manager. Any Person creating a public nuisance is guilty of a
misdemeanor,and shall be liable for reimbursing the city for all costs incurred in removing,abating,
or remedying said nuisance.
14.16.810 Performance bonds.
The City Manager may decline to reissue a Wastewater discharge permit to any User which has
failed to comply with the provisions of this chapter,any orders,or a previous Wastewater discharge
permit issued hereunder,unless such User first files a satisfactory bond payable to the city in a sum
not to exceed a value determined by the City Manager to be necessary to achieve consistent
compliance.
14.16.820 Liability insurance.
The City Manager may decline to reissue a Wastewater discharge permit to any User which has
failed to comply with the provisions of this chapter, any order, or a previous Wastewater discharge
permit issued hereunder,unless the User first submits proof that he has obtained financial assurances
sufficient to restore or repair damage to the POTW caused by his discharge.
14.16.830 Water supply severance.
Whenever a User has violated or continues to violate the provisions of this chapter, orders, or
Wastewater discharge permits issued hereunder,water service to the User may be severed. Service
will only recommence, at the User's expense, after the User has satisfactorily demonstrated his
ability to comply.
X. Miscellaneous Provisions
14.16.900 Severability.
If any provision of this chapter is invalidated by any court of competent jurisdiction,the remaining
provisions shall not be affected and shall continue in full force and effect.
RMC Chapter 14.16, Sewers Page 43
14.16.910 Conflicts.
All other portions of this code inconsistent or conflicting with any part of this chapter are repealed
to the extent of the inconsistency or conflict.
14.16.920 Swimming pool discharge.
A. Wastewater from the following swimming pool maintenance activities shall be connected
to and discharged into the POTW by an approved connection, including an air gap:
1. Filter backwash water;
2. Pool water of poor quality;
3. Neutralized acid cleaning Wastewater.
B. Clean swimming pool water that does not contain detectable levels of chlorine shall be
drained to the storm drainage system,and shall not be drained into the POTW without prior
approval of the City Manager.
14.16.930 Disposal of Septic Wastes.
Septic Wastes to be disposed of by waste haulers shall be disposed of at the Shasta County
Regional Septage Disposal Facility which is maintained and operated by Shasta County. Waste
haulers proposing to use the Facility shall secure a permit from the Shasta County Public Works
Department. Septic Wastes to be disposed of from individual holding tanks such as those used in
travel trailers and motor homes shall be disposed of at approved dump sites.
14.16.940 Gravity Separation Interceptor pumping records.
All companies pumping Oil and Grease Gravity Separation Interceptors, or sand and Oil Gravity
Separation Interceptors from facilities connected to the city Sewer shall maintain records of such
pumpings. Copies of such records or direct inspection of such records shall be made available upon
request by the City Manager. Such records shall be retained by each pumping company for a period
of three years.
A simple log shall be maintained with the following minimum information of each pumping made:
the date,the Facility name and address pumped,the total gallons pumped,capacity in gallons of the
tanker used, and the final disposal site of pumped wastes.
Section 2. The passage of this ordinance is not a "project" according to the
definition in the California Environmental Quality Act, and therefore is not subject to the
provisions requiring environmental review.
Section 3. This ordinance shall take effect 30 days after the date of its adoption, and
the City Clerk shall certify the adoption thereof and cause its publication according to law.
I HEREBY CERTIFY that this ordinance repealing Municipal Code Chapter 14.16 and
adding a new Chapter 14.16,Sewers,was introduced and read by the City Council of the City
///
///
RMC Chapter 14.16, Sewers Page 44
of Redding at a regular meeting on the 15th day of January,2002; and was read and adopted
at a regular meeting on the 5th day of February, 2002, by the following vote:
AYES: COUNCIL MEMBERS: Cibula, McGeorge, Pohlmeyer and Stegall
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Kight
ABSTAIN: COUNCIL MEMBERS: None
/V-4;L-'
PAT KIGHT, Mayor
Attest:
Connie Strohmayer, Ci I Clerk
Form Approved:
10IP
David E. Tranberg, Assistant C. rney
U:\Ordinances\14.16 Sewer redo Ord 2291 2-02.wpd
RMC Chapter 14.16, Sewers Page 45