Loading...
HomeMy WebLinkAboutOrdinance 2627 - Amending Title 14 (Utilities), Ch 14.16 (Sewers) by amending RMC Sections ORDINANCE NO.2627 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 14 (UTILITIES), CHAPTER 14.16 (SEWERS) BY AMENDING SECTIONS 14.16.020 (DEFINITIONS), 14.16.240 (SEWER SERVICE CHARGES), 14.16.245 (OBLIGATION TO PAY SEWER SERVICE FEES), 14.16.340 (MAINTENANCE OF SEWER CONNECTIONS), 14.16.380 (EXTENSION OF THE WASTEWATER COLLECTION SYSTEM), 14.16.495 (LOCAL DISCHARGE LIMITS FOR PERMITTED INDUSTRIAL USERS), 14.16.700 (CIVIL PENALTIES), 14.16.920 (SWIMMING POOL DISCHARGE), AND 14.16.930 (DISPOSAL OF SEPTIC WASTES), ALL RELATING TO UPDATING SANITARY SEWER REQUIREMENTS TO CURRENT STANDARDS AND MAKING CLARIFICATIONS TO THE SAME THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 14 (Utilities), Chapter 14.16 (Sewers), Section 14.16.020 of the Redding Municipal Code is hereby amended to read as follows: 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. For terms in this chapter not defined in this section, see Chapters 16.16, 16.20 and 18.40 of this code: "Aliquot" means a portion of a sample, often an equally divided portion of a sample. "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 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 provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements; and where 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 their designee. 4. The individuals described in paragraphs La and Lb 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 sewer collection system with or without further treatment. A batch process is intermittent, and not continuous. "Best management practices or BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at twenty degrees centigrade, usually expressed as a concentration (e.g., mg/L). The BOD test measures the organic strength of wastewater. Methods for determining BOD are described in "Standard Methods for the Examination of Water and Wastewater." "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 used spores, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix cultures; 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" means an industrial user subject to a categorical pretreatment standard or categorical standard. "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 405 through 40 CFR 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, 33 U.S.C. section 1251 et seq.) 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. "Composite sample" means a time composite or flow proportional composite sample. A composite sample is a collection of individual samples obtained at regular intervals, usually during a twenty-four-hour time span. "Daily maximum" means the arithmetic average of all effluent samples for a pollutant collected during a calendar day. "Daily maximum limit" means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. "Director" means public works director, or his designee. "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. "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 or part of a 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 includes but is not limited to any facility for which an oil and grease interceptor is required. Food preparation facilities within a multiple-use facility served by one sewer connection, have combined wastewater constituents and characteristics that are significantly higher in wastewater strength than domestic wastewater sources. A facility having a food preparation facility; either individually or in combination with other uses, include, but are not limited to, the following type of businesses as defined by the North American Industrial Classification System (NAICS) Code: NAICS Code Number i Description of Industries I 311811 Retail Bakeries 311812 Commercial Bakeries 311830 -' - Tortilla Manufacturing 445110 Supermarkets and Other Groceries s 445210 Meat Markets j I 445220 Fish and Seafood Markets i 447110 Gasoline Stations(with Convenience Stores with OGI requirement) 452910 ? Warehouse/Club Supercenters (with OGI requirement) i i 713210 Casinos 713290 Other Gambling Industries(with OGI requirement) i i i 713910 Golf Courses and Country Clubs (with OGI requirement) E 713950 Bowling Centers -------------------------------------- 721110 Hotels (with Restaurant) I 722110 Full-Service Restaurant (Pay After) 1 722211 j Limited-Service Restaurant (Pay Before) 722213 Snack and Non-alcoholic Beverage Bars I — ---—__--_ _ 722320 Caterers 722410 Bar and Nightclub (with OGI requirement) 921190 Other General Government Support (with OGI requirement) "Grab sample" means a sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen minutes. "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. "Grease and oil" means fatty or oily matter in general, especially fats and oils of animal and vegetable origin, and hydrocarbons of petroleum origin. "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 302; and any imminently hazardous chemical substance subject to regulation under the Toxic Mixtures or Substances Control Act, 15 USC, 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 both the basic quantitative unit of wastewater volume and strength representing that wastewater generated by a typical single-family residence connected to the sewer collection system during an average day, and the proportional flow within the POTW system attributed to a single-family residence on an average day. For the purpose of determining charges and fees for discharging into the POTW, the household equivalent is mathematically defined by the following formula: WASTEWATER HOUSEHOLD EQUIVALENT(H.E.)CALCULATION HE= Flow+ BOD+TSS+O&G Flow= (0.67 x flow gallons per day)=240 gallons per day BOD= (0.19 x Biochemical Oxygen Demand lbs per day)-0.50 lbs TSS= (0.12 x Total Suspended Solids lbs per day) _0.50 lbs O&G = (0.02 x Oil and Grease lbs per day)-0.35 lbs According to this formula, a typical single-family residence produces per average day two hundred forty gallons of wastewater containing one-half-pound of biochemical oxygen demand (BOD), one-half-pound of total suspended solids (TSS), 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. "Indirect discharge" or "discharge" means the introduction of pollutants into the POTW from any nondomestic source. "Industrial user (IU)" means a user that discharges nondomestic 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 wastewaters, 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 limit" means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both: a. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use, or disposal; and b. 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, the Toxic Substances Control Act, and the Marine Protection, Research, and Sanctuaries Act. "Line tap" means the action by the city of installing an opening in a lateral to accommodate a sewer connection. "Local limits" means the specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b). "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 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; and 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: a. Medical and dental offices, clinics, hospitals, surgery centers, laboratories, research laboratories, other health facilities; b. Veterinary offices, clinics, and hospitals; and C. Pet shops. "Monthly average" means the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month. "Monthly average limit" means the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month. "National pretreatment standard, pretreatment standard or standards" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits and local 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 ground water. "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 building, structure, facility, or installation is constructed at a site at which no other source is located, or b. The building, structure, facility, or installation 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 La and Lb 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: 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 or her 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. "Noncontact cooling water" means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product. "North American Industrial Classification System" or "NAICS" means the system adopted and revised every five years by the USA, Canada and Mexico, which divides the economy into twenty sectors which are then methodically grouped according to the production criterion. A specific NAICS number describes a particular type of industrial or commercial user of municipal utility services. "Organic treatment capacity" means the maximum design load of a wastewater treatment plant in pounds of BOD or TSS per day or other equivalent mass units. "Oil and grease (O&G)" means fatty or oily matter in general, especially fats and oils of animal and vegetable origin, and hydrocarbons of petroleum origin. Methods for determining Oil and Grease are described in "Standard Methods for the Examination of Water and Wastewater." "Pass through" means a discharge from an industrial source 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, partnership, copartnership, firm, company, corporation, association,joint stock company, trust, estate, governmental entity, society, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities. "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 zero to fourteen where zero is the most acidic, fourteen is the most basic, and seven is neutral. Methods for determining pH are described in "Standard Methods for the Examination of Water and Wastewater." "Premises" means an improved lot or parcel of land, or a legally divisible portion thereof, and any building or part thereof and its appurtenances situated thereon. "POTW" or "publicly owned treatment works" means publicly owned treatment works of the city, including: the entire facilities for collecting, transporting, pumping, treating, and disposing of domestic and industrial wastewaters, 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 alteration 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 by diluting the concentration of the pollutants (as prohibited by 40 CFR 403.6(d)) unless dilution is specifically allowed by an applicable pretreatment standard. 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 standard (or limit) calculated in accordance with the combined waste stream formula, 40 CFR 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. "Prohibited discharge standards" or "prohibited discharges" means absolute prohibitions against the discharge of certain substances. "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 user's permit. "Septic wastes" means wastes from holding tanks, vessels, 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 sewers), and does not mean conduits used to carry stormwater (commonly called storm sewers). "Sewer connection" or "private sewer lateral" 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)" except as provided in paragraphs c. and d. of this section, means: a. All industrial users subject to categorical pretreatment standards, or b. Any other industrial user that: (1) Discharges an average of twenty-five thousand gallons per day or more of process wastewaters (excluding domestic wastewater, noncontact cooling water, and boiler blowdown wastewater), or (2) 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 (3) Pretreats wastewater prior to discharge to the wastewater collection system, or (4) Has in his or her wastes toxic pollutants listed under Section 307 of the Clean Water Act, or (5) Has a reasonable potential, in the opinion of the director of municipal utilities, to have a significant impact on the treatment system, either singly or in combination with other dischargers to the system. C. The city may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user (NSCIU) rather than a significant industrial user on a finding that the industrial user never discharges more than one hundred gallons per day (gpd) of total categorical wastewater (excluding domestic, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met: i. The industrial user, prior to the city's finding, has consistently complied with all applicable categorical pretreatment standards and requirements; ii. The industrial user annually submits the certification statement required in 40 CFR 403.12(q), together with any additional information necessary to support the certification statement; and iii. The industrial user never discharges any untreated concentrated wastewater. d. Upon a finding that a user meeting the criteria in subsection b. of this part has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user. "Significant noncompliance" (SNC). An industrial user is in "significant noncompliance" if its violation meets one or more of the following criteria: a. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits. b. Technical review criteria (TRC) violations, defined here as those in which thirty- three percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH). C. Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the city determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of city personnel or the general public. d. 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. e. Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance. f. Failure to provide, within forty-five days after the due date, any required reports such as baseline monitoring reports, ninety-day compliance reports, reports on compliance with categorical pretreatment standards or deadlines, periodic self- monitoring reports, and reports on compliance with compliance schedules. g. Failure to accurately report noncompliance. h. Any other violation or group of violations, which may include a violation of best management practices, 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, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions. Slug discharge also means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in this chapter. "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. "Stormwater" means any flow which occurs during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. "Subtractive water meter" means a secondary water service meter installed after and off of the primary water meter at the same service location to provide metering of nonsewer discharged water and separate metering at commercial locations having both high- and low-strength wastewater discharges to the same sewer lateral. "Suspended solids (SS)" or "Total Suspended Solids (TSS)" means the solids in wastewater and sewage which are removable by filtering, as determined by procedures specified in "Standard Methods for the Examination of Water and Wastewater." "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. "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. "Wastewater treatment plant" or "treatment plant" means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. Section 2. Title 14 (Utilities), Chapter 14.16 (Sewers), Section 14.16.240 of the Redding Municipal Code is hereby amended to read as follows: 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 monthly charge in accordance with the rate schedule in effect, as duly adopted by resolution of the city council. 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, duplexes, additional dwelling units on a single-family parcel and mobile home parks shall be assessed at the rate of seventy-four percent of one household equivalent for each dwelling unit. 2. Class II. Users that discharge a wastewater similar in strength to that of domestic wastewater. a. Users that discharge essentially all water used as measured by a water meter installed by the city shall be assessed a fee per hundred cubic feet of water used but not less than one household equivalent. 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 director 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, but not less than one household equivalent, or ii. A yearly constant charge based on the volume of water used during each of certain months of the year, but not less than one household equivalent. 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 car washes, water based recreational facilities,overnight campers and trailer parks and transient mobile housing units such as hotels and motels; or (d) facilities with multiple users on a single master water meter service. The City contracts only with the owner or designated representative of the property with monthly sewer charges billed to the property owner based on the higher strength classification of the users. The property owner, at their own expense, may install individual water meters which allow individual users to be billed directly for both water and sewer charges. 3. Class I11. Users that discharge a wastewater greater than domestic wastewater in strength. a. Any premises having multiple units served by a single water service meter for said premises, shall be billed for monthly sewer service based upon the most intensive class of wastewater user served by the single water service meter. The City contracts only with the owner or designated representative of the property with monthly sewer charges billed to the property owner based on the higher strength classification of the users. The property owner, at their own expense, may install individual water meters which allow individual users to be billed directly for both water and sewer charges. 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 shall be assessed at the rate of two times the rate for Class II users that are charged on the basis of water consumption. d. Food preparation facilities charged on the basis of household equivalents shall be assessed at the rate of two times the rate for Class II users that are charged on the basis of household equivalents. 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 director, 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 11 and Class III. Dischargers shall be reassigned to another class as appropriate. Section 3. Title 14 (Utilities), Chapter 14.16 (Sewers), Section 14.16.245 of the Redding Municipal Code is hereby amended to read as follows: 14.16.245 - Obligation to pay sewer service fees. The responsible party paying for a water service connection at any given premises, except where a premises has a shared water service connection serving a mixed use of commercial and residential/multifamily tenants, shall also be the responsible party for monthly sewer service charges of the same premises at the applicable rate for the sewer service provided. In all cases where water is supplied to more than one tenant from one water connection or tap, the city contracts only with the owner of the property or his authorized agents as the responsible party for monthly sewer service charges of the same premises at the applicable rate for the sewer service provided. 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. Section 4. Title 14 (Utilities), Chapter 14.16 (Sewers), Section 14.16.340 of the Redding Municipal Code is hereby amended to read as follows: 14.16.340 - Maintenance of sewer connections. A. Maintenance of sewer connections, whether on public or private property, is the responsibility of the owner of the premises. B. Sewer laterals and connections deemed to be causing a public nuisance or negatively impacting the POTW, shall be video inspected and all repairs made to comply with city construction standards at the owner's expense. Section 5. Title 14 (Utilities), Chapter 14.16 (Sewers), Section 14.16.380 of the Redding Municipal Code is hereby amended to read as follows: 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 or her 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 director, 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 sewers 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 director 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 maximum duration of a reimbursement agreement shall be ten years. Section 6. Title 14 (Utilities), Chapter 14.16 (Sewers), Section 14.16.495 of the Redding Municipal Code is hereby amended to read as follows: 14.16.495 - Local discharge limits for permitted industrial users. No permitted industrial user shall discharge industrial wastewater flow to a public sewer of the city unless the discharge conforms to the following locally derived constituent limitations and meets the conditions of the industrial user's wastewater discharge permit. Wastewater discharge permits shall contain limits for the pollutants that are reasonably expected to be present in an industrial user's effluent. Limits shall apply at the end of the industrial process waste stream. All concentrations for metallic substances listed below are for total recoverable metals unless otherwise indicated. Constituent, daily maximum limit in milligrams per liter(mg/L) unless otherwise noted. Arsenic 0.371 mg/L Cadmium 0.142 mg/L r,..._..._._._--.__.___..._.._ _................ ....._�........ __.......__-'_-__�._..,._...._.. _ �._._._ ._.�._..._............................ Chromium 5.0 mg/L Copper 1.24 mg/L Lead � � 0.988 mg/L Mercury 0.044 mg/L i i Molybdenum 2.20 mg/L Nickel 2.10 mg/L Selenium 0.355 mg/L Silver 1.14 mg/L Zinc 2.62 mg/L Total Petroleum Hydrocarbons Gasoline (TPH Gas) 1.0 mg/L Total Petroleum Hydrocarbons(TPH) 100 mg/L i BOD (Biochemical Oxygen Demand) �� 2,000 mg/L* TSS (Total Suspended Solids) 1,500 mg/L* pH Units 6.4- 120 Oil &Grease (O&G) 300 mg/L Ammonia 350 mg/L* *The limits for biochemical oxygen demand (BOD), total suspended solids (TSS), and ammonia serve as guidance. The city, however, reserves the right and discretion to apply mass-based limits (pounds per day limits)for these constituents to wastewater discharge permits as needed. Section 7. Title 14 (Utilities), Chapter 14.16 (Sewers), Section 14.16.700 of the Redding Municipal Code is hereby amended to read as follows: 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 up to one thousand dollars per violation per day and up to a maximum penalty of twenty-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. Section 8. Title 14 (Utilities), Chapter 14.16 (Sewers), Section 14.16.920 of the Redding Municipal Code is hereby amended to read as follows: 14.16.920 - Swimming pool discharge. A. Permission must be obtained from the Industrial Waste division prior to draining swimming pools or spas to the POTW. B. 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. C. Clean swimming pool water that does not contain detectable levels of chlorine, salt, or other contaminates shall be drained to the storm drainage system, and shall not be drained into the POTW without prior approval. Section 9. Title 14 (Utilities), Chapter 14.16 (Sewers), Section 14.16.930 of the Redding Municipal Code is hereby amended to read as follows: 14.16.930 - Disposal of septic wastes. A. Septic waste hauler facilities that are connected to the POTW, shall first obtain a discharge permit from the Industrial Waste division prior to discharging any septic waste and shall comply with all pretreatment requirements of the permit. B. 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 director. 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. Section 10. Severability. If any section, subsection, sentence, clause or phrase of these ordinances is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinances. The City Council of the City of Redding hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. Section 11. The passage of this ordinance is exempt from review pursuant to the California Environmental Quality Act ("CEQA") because it has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. This Ordinance is exempt from CEQA pursuant to the "common sense" exemption (14 CCR 15061(b)(3)), as it can be seen with certainty that there is no possibility that the adoption of the Ordinance will have a significant effect on the environment. Section 12. This ordinance shall take effect thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 15th day of September, 2020, and was duly read and adopted at a regular meeting on the 6th day of October, 2020, by the following vote: AYES: COUNCIL MEMBERS: Dacquisto,Resner, Schreder,Winter,and McElvain NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ADAM McELVAIN, Mayor Attest: Form Approved: Yaq'J'. U.Ilvdil PAMELA MI E, City Oferk BAR Y E. De A T, City Attorney DATE ATTESTED: October_��, 2020