HomeMy WebLinkAboutOrd 2043 - Amending RMC Title 14, Utilties, by repealing Ch 14.16 in its entirety and adding a new Ch 14.16 pertaining to sewers 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING
AMENDING REDDING MUNICIPAL CODE TITLE 14, UTILITIES, BY
REPEALING CHAPTER 14 . 16 IN ITS ENTIRETY AND ADDING A NEW
CHAPTER 14 . 16 PERTAINING TO SEWERS.
The City Council of the City of Redding does hereby ordain as
follows :
Section 1 . Redding Municipal Code Title 14 is hereby
amended by repealing Chapter 14 . 16 , Sewers, in its entirety and
adding a new Chapter 14 . 16 as follows :
Chapter 14 . 16
Sewers
Sections :
I . PREAMBLE; DEFINITIONS
14 . 16 . 010 Purpose.
14 . 16 . 020 Definitions .
14 . 16 . 030 Abbreviations .
II . GENERAL PROVISIONS
14 . 16 . 100 Authority.
14 . 16 . 105 Delegation of Authority.
14 . 16 . 110 Ownership.
14 . 16 . 120 Applicability to Public Agencies .
14. 16 . 130 Confidential Information.
14 . 16 . 140 City' s Right of Revision.
14 . 16 . 150 Special Agreement.
14 . 16 . 160 Powers Reserved.
14 . 16 . 170 Request for Ruling.
14 . 16 . 175 Appeal .
14 . 16 . 180 Affirmative Defense. (�
14 . 16 . 190 Upset.
14 . 16 . 195 Bypass .
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III . SEWER FEES AND CHARGES
14 . 16 . 200 Establishment of Fees and Charges .
14 . 16 . 210 Fee Collection.
14 . 16 . 215 Deposits .
14 . 16 .220 Disposition of Proceeds .
14 . 16 . 230 Sewer Connection Charges .
14 . 16 . 232 Deferred Payment of Sewer Connection Charges for a
Portion of the Premises .
14 . 16 . 234 Connection Charges Constitute a Debt to the City.
14 . 16 .240 Sewer Service Charges .
14 . 16 . 245 Obligation to Pay Sewer Service Fees .
14 . 16 . 250 Pretreatment Charges and Fees .
14 . 16 . 260 Failure to Pay Charges; Disconnection.
IV. SEWER CONNECTIONS AND CONSTRUCTION
14 . 16 . 300 Connection Required.
14 . 16 . 310 One Premises from Each Connection.
14 . 16 . 320 Time Limit for Connection.
14 . 16 . 330 Permit for Sewer Connection.
14 . 16 . 340 Maintenance of Sewer Connections .
14 . 16 . 350 Abandoned Connections .
14 . 16 . 360 Construction of Laterals .
14 . 16 . 370 Construction of Trunk Sewers.
14 . 16 . 380 Extension of the Sewer Collection System.
V. WASTEWATER DISCHARGE PERMIT AND REQUIREMENTS
14 . 16 . 400 Special Requirements for Industrial .Users .
14 . 16 . 410 Permit Denial .
14 . 16 . 420 Wastewater Discharge Permit Modification.
14 . 16 .430 Wastewater Discharge Permit Reissuance.
14 . 16 . 440 Reports from Non-significant Industrial Users .
14 . 16 . 450 Notice of Violation; Repeat Sampling and Reporting.
14 . 16 . 460 Determination of Noncompliance.
14 . 16 . 470 Publication of Industrial Users in Significant
Noncompliance.
14 . 16 . 480 Enforcement Response Plan.
VI . GENERAL PRETREATMENT OF WASTEWATER
14 . 16 . 500 Wastewater Survey.
14 . 16 . 502 Pretreatment Facilities .
14 . 16 . 504 Additional Pretreatment Measures .
14 . 16 . 506 Monitoring Facilities .
14 . 16 . 508 Flow Measurement.
14 . 16 . 510 Tenant Responsibility.
14 . 16 . 515 Vandalism.
14 . 16 . 520 Separation of Domestic and Industrial Waste.
14 . 16 . 530 Interceptor Requirements .
14 . 16 . 532 Standard Interceptor Designs and Policies .
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14 . 16 . 534 Interceptor Approval .
14 . 16 . 536 Interceptor Maintenance.
14 . 16 . 540 Restaurants .
14 . 16 . 545 Prohibited Restaurant Wastewater Discharges .
14 . 16 . 550 Right of Entry for Inspection.
14 . 16 . 555 Search Warrants .
14 . 16 . 560 Inspection and Sampling.
14 . 16 . 562 Sample Collection.
14 . 16 . 564 Test Procedures .
14 . 16 . 570 Notification of Discharge.
14 . 16 . 575 Notification of Changed Discharge.
14 . 16 . 580 Dilution.
14 . 16 . 582 Prohibited Discharges .
14 . 16 . 584 Specific Pollutant Limitations .
14 . 16 . 586 Protective Devices Preventing Accidental Discharge.
14 . 16 . 588 Accidental Discharge/Slug Control Plans .
14 . 16 . 590 Compliance Schedule.
VII . ADMINISTRATIVE ENFORCEMENT ACTIONS
14 . 16 . 600 Notification of Violation.
14 . 16 . 610 Consent Orders .
14'. 16 . 620 Show Cause Hearings .
14 . 16 . 630 Compliance Orders .
14 . 16 . 640 Cease and Desist Orders .
14 . 16 . 650 Administrative Fines .
14 . 16 . 660 Emergency Suspensions .
14 . 16 . 670 Falsifying Information.
14 . 16 . 680 Provisions Governing Fraud.
14 . 16 . 690 Termination of Discharge.
VIII . JUDICIAL ENFORCEMENT ACTIONS
14 . 16 . 700 Civil Penalties .
14 . 16 . 710 Criminal Penalties .
14 . 16 . 720 Liability for Other Penalties .
14 . 16 . 730 Injunctive Relief .
14 . 16 . 740 Remedies Nonexclusive.
IX. SUPPLEMENTAL ENFORCEMENT ACTIONS
14 . 16 . 800 Public Nuisance.
14 . 16 . 810 Performance Bonds .
14 . 16 . 820 Liability Insurance.
14 . 16 . 830 Water Supply Severance.
X. MISCELLANEOUS PROVISIONS
14 . 16 . 900 Severability.
14 . 16 . 910 Conflicts .
14 . 16 . 920 Swimming Pool Discharge.
14 . 16 . 930 Disposal of Septic Wastes .
14 . 16 . 940 Interceptor Pumping Records .
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I . PREAMBLE; DEFINITIONS
14 . 16 .010 Purpose.
These regulations set forth uniform requirements for
contributions to the City of Redding' 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
sewer 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 wastewaters
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. For terms in this chapter not defined in this
section, see Chapters 16 . 16 and 18 . 04 of this Code.
A. "Aliquot" means a portion of a sample, often an equally
divided portion of a sample.
B. "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) .
C. "Authorized representative of industrial user" means any one
of the following:
1 . A principle executive officer of at least the level of
vice president if the industrial user is a corporation.
2 . A general partner or proprietor if the industrial user is
a partnership or proprietorship, respectively.
3 . A duly authorized representative of the individual
designated above if such representative is responsible
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for the overall operation of the facilities from which
the indirect discharge originates .
D. "Batch process" means a treatment process in which a tank or
vessel is filled, the wastewater (or solution) is treated to
meet discharge standards, and is then released to the sewer
collection system. A batch process is intermittent, not
continuous .
E. "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 (5 ) day period where the wastewater is kept
at 20° Celsius . The results are expressed in milligrams per
liter (mg/1) . Procedures are specified in "standard methods"
set forth below.
F. "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 .
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
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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 .
G. "Categorical industrial user" is an industrial user who
utilizes a process for which the EPA has developed specific
limitations on his 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 401-471, and Sections
307 (b) and (c) of the Clean Water Act. A categorical
industrial user is considered a SIU.
H. "Categorical pretreatment standard" 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 .
I . "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.
J. "Compatible pollutant". means any wastewater pollutant that can
be transported and treated without harmful effect on the POTW.
K. "Containment devices" include, for the purposes of this
chapter only, devices which provide secondary containment for
compatible materials used or stored on premises .
L. "Director" means Public Works Director of the City of Redding.
M. "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.
N. "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.
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O. "Enforcement response plan" (ERP) establishes a procedural
framework for managing an enforcement protocol to achieve and
maintain industrial user compliance for numerical and/or non-
numerical violations .
P. "Facility" means something that is built, installed, or
established to serve a particular purpose.
Q. "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 .
R. "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 24-
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.
S . "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.
T. "Grease and oil" means fatty or oily matter in general,
especially fats and oils of animal and vegetable origin, and
hydrocarbons of petroleum origin.
U. "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.
V. "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 Section 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 .
W. "Household equivalent" means the basic quantitative unit of
wastewater volume and strength representing that wastewater
generated by a typical single-family residence connected to
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the sewer collection system during an average day. It is
mathematically defined by the following formula:
H.E.= 0 . 67 (Flow GPD) + 0 .19 (BOD lb/day) +
300 0. 50
0 . 12 (SS lb/day) + 0 . 02 (Oil and Grease lb/day)
0 . 50 0 . 35
According to this formula, a typical single-family residence
produces per average day 300 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. "
X. "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.
Y. "Industrial user (IU) " means a source of non-residential
wastewaters ( industrial or commercial) which is connected to
the POTW.
Z. "Industrial waste" 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.
AA. "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.
BB. "Instantaneous discharge limits" means an effluent
concentration-based constituent limitation which cannot be
exceeded by any amount at any instant in time.
CC. "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
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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.
DD. "Lateral" means a public sewer which receives wastewater from
one or more sewer connections .
EE . "Line tap" means the action by the City of installing an
opening in a lateral to accommodate a sewer connection.
FF. "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.
GG. "May" means permissive.
HH. "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.
d. Waste generated from normal and legal veterinarian,
agricultural, and animal livestock management
practices on a farm or ranch.
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II . "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 .
JJ. "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.
KK. "New source" means :
1 . Any premises 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 facility or sewer connection is constructed at
a site at which no other source is located; or
b. The facility 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 facility 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 is 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 facility
or sewer connection meeting the criteria of paragraphs
l .a. and l .b. of this definition.
3 . Construction of a new industrial user or new source has
commenced if the owner or operator has :
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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.
LL. "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) .
MM. "Person" means any individual, firm, company, association,
partnership, society, corporation, or group, and includes the
plural as well as the singular.
NN. "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 . "
00. "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.
PP. "Pretreatment" means application of physical, chemical, and/or
biological processes to reduce the amount of pollutants or
alter the nature of the pollutant properties in a wastewater
prior to discharging such wastewater into the sewer collection
system.
QQ. "Pretreatment requirements" include Federal regulations
implementing Section 307 of the Clean Water Act, as well as
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State and local regulations . In cases of conflict, the more
stringent regulation shall apply.
RR. "Pretreatment wastes" means all wastes, liquid or solid,
removed from a waste stream or discharge by physical,
chemical, or biological means .
SS . "POTW" means publicly-owned treatment works of the City of
Redding, 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.
TT. "Public sewer" means a sewer directly maintained and
controlled by the City.
UU. "Public Works Director" means the Public Works Director of the
City of Redding, or his authorized representative, agent, or
deputy.
VV. "Sampling and evaluation program" means the determination of
mass emission or concentration of constituents or other
conditions specified in the industrial user' s permit for a
period of at least 10 to 14 cumulative. work days .
WW. "Septic wastes" means wastes from holding tanks, chemical
toilets , campers, trailers, septic tanks or vacuum tank
trucks .
XX. "Sewage" means liquid wastes containing animal, vegetable, and
chemical matter in suspension or solution, including both
domestic wastewater and industrial wastes .
YY. "Sewer connection" means a privately-owned and maintained
conduit that conveys wastewater from a single premises to a
public sewer.
ZZ . "Sewer" means only those conduits intended to carry sewage and
wastewater (commonly called sanitary sewers) , and does not
mean conduits used to carry storm water (commonly called storm
sewers ) .
AAA. "Sewer collection system" means the entire facilities for
collecting, transporting, and pumping of domestic and
industrial wastewaters, located within and outside the City
limits and either owned, operated, maintained, or controlled
by the City.
BBB. "Shall" means mandatory.
CCC. "Significant industrial user (SIU) . " A significant industrial
user is an industrial user, including:
1 . All categorical industrial users; and
2 . Any non-categorical industrial user that:
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a. Discharges 25, 000 gallons per day or more of
process wastewaters (excluding domestic wastewater,
noncontact cooling water, and boiler blowdown
wastewaters) ; or
b. Contributes a process waste stream which makes up
five percent (5%) 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
sewer 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
Public Works Director, to have a significant impact
on the treatment system, either singly or in
combination with other dischargers to the system.
DDD. "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 66 percent ( 66%) or more of all of
the 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.
2 . Technical review criteria (TRC) violations, defined here
as those in which 33 percent ( 33%) or more of all the
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
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 90 days after the due date, a
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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 30 days after the due date,
required reports such as baseline monitoring reports,
90-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
Control Authority determines will adversely affect the
operation or implementation of the local pretreatment
program.
EEE . "Single-pass cooling water" means water used solely for the
purpose of cooling. This water is used only once and is
discarded.
FFF. "Slug discharge" means any discharge of a non-routine,
episodic nature, including, but not limited to, an accidental
spill or a noncustomary batch discharge.
GGG. "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 .
HHH. "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 .
III . "Suspended solids" means the solids in wastewater and sewage
which are removable by filtering, as determined by procedures
specified in "standard methods . "
JJJ. "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.
KKK. "Trunk sewer" means a public sewer which transports sewage
away from a general area, neighborhood, or subdivision.
LLL. "Unpolluted water" means cooling water, single-pass cooling
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water, air conditioning condensate, ice melt, condensate, and
rain water.
MMM. "User" means 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 of Redding.
NNN. "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 storm water.
000. "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
CvxwQCB-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/l - Milligram per liter
NPDES- National Pollutant Discharge Elimination System
POTW - Publicly-owned treatment works operated by the City of
Redding
PSES - Pretreatment standards for existing sources
PSNS - Pretreatment standards for new sources
RCRA - Resource Conservation and Recovery Act
SIC - Standard industrial classification
SIU - Significant industrial user
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SWDA - 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 of Redding 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, 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, and any applicable
compliance schedule. Such schedules may not extend the
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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 users where such contributions do not meet
applicable pretreatment requirements or where such
contributions would cause a violation of the City' s NPDES
permit .
B. The City has the authority to:
i . Randomly sample and analyze the effluent from industrial
users and conduct surveillance activities in order to
identify, independent of information supplied by
industrial users, occasional and continuing noncompliance
with pretreatment requirements .
ii . Inspect and sample effluent from each industrial user at
least once a year.
iii . 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 run-off, 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 which is
owned, leased, controlled, operated, or occupied by the 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,
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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 of this
chapter or the prohibitions in Section 14 . 16 . 582 .
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 requirement. 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
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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 Public Works Director, who will set forth his
determination on the request. However, national categorical
pretreatment standards cannot be disputed and can never be waived.
14 . 16 . 175 Appeal .
If the discharger or applicant for a permit is dissatisfied
with the determination made by the Public Works Director under this
chapter, within 14 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 30 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.
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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 and that either:
1 . 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
2 . 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. are met.
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 24 hours of becoming aware
of the upset ( if this information is provided orally, a
written submission must be provided within five days) :
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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 or requirements to be violated, but
only if he also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the
provision of paragraphs C and D of this section.
C. 1 . If an industrial user knows in advance of the need for a
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bypass , he shall submit prior notice to the City, at
least 10 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
requirements to the City within 24 hours from the time he
becomes aware of the bypass . A written submission shall
also be provided within five days of the time the
industrial user becomes aware of the bypass . The written
submission shall contain:
i . a description of the bypass and its cause;
ii . 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
iii . 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 24
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
paragraph D. 1 . of this section.
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III . SEWER FEES AND CHARGES
14 . 16 .200 Establishment of Fees and Charges .
The City may from time-to-time and at its discretion, by
resolution, fix, alter, change, amend, or revise any connection
charges, sewer service fees, and other fees related to the POTW.
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 Service 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 established by resolution, shall
be paid to the City prior to the issuance of a sewer connection
permit. Where a new use of the property is more dense than the
prior use, the applicant shall pay those applicable charges for the
increase in density. No sewer connection shall be made until all
appropriate charges have been paid. Sewer connection charges
include a connection charge, front footage charge, line tap charge,
and may include a special benefit charge defined in this chapter.
A. Connection charge.
1 . Residential connections .
a. Single-family dwelling units shall be assessed at
the rate of one household equivalent per unit,
including:
i . Homes used for the purpose of maintaining six
or fewer mentally disordered or otherwise
23
handicapped persons and complying with
Sections 5115 and 5116 of the California
Welfare and Institutions Code; and
ii . Homes used as a residential care facility for
the elderly which serve six or fewer persons
and complying with Sections 1569 . 84 and
1569 . 85 of the California Health and Welfare
Code.
b. Multiple-family dwelling units, including
apartments, condominiums, residence hotels, and
transient multiple housing units such as hotels and
motels shall be assessed at the rate of one-half
household equivalent per unit.
C . Mobile home park and overnight camper and trailer
parks shall be assessed at the rate of one-half
household equivalent per pad.
2 . Non-residential connections .
Each non-residential unit shall be assessed a household
equivalent value as determined by one or more of the
procedures identified below, but no connection shall be
assessed less than one household equivalent:
a . Similarity to like discharges served by the City' s
POTW.
b. Field measurements of wastewater flow and
wastewater constituents and characteristics .
C . Calculation of wastewater flow based on expected or
actual water consumption, and taking into account
water used in manufactured products and for
irrigation, cooling, and evaporation.
d. Typical values reported in the literature when the
procedures identified above are inadequate to
characterize the expected discharge.
B. Front footage charge.
A front footage charge shall be assessed for each sewer
connection made into a public sewer which has not been
constructed or financed by means of a local assessment
district or through any other means in which the applicant or
his predecessor-in-interest obtained a vested interest. The
front footage charge shall be computed by multiplying the
charge as established by City Council Resolution No. 88-362 by
the front footage of the premises to be connected. The front
footage of the premises, whether it be an interior or corner
lot, shall be computed on the basis of the length of the front
24
lot line, provided that the minimum charge for any premises
shall be based on a 60-foot frontage. Flag lots, whether by
easement or deeded access, shall be computed on the basis of
the length of the narrow side of the lot, irrespective of the
portion used for access, except that a minimum charge based on
a 60-foot frontage shall be assessed.
C. Line tap charges .
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 inches ( 10" ) in
diameter wherever a wye or "T" branch is not available for
connection to the premises .
Line tap charges, as established by resolution, are based on
the size of the sewer to be tapped and the size of the branch
desired by the applicant. The applicant shall be required to
make a hot tap to the sewer line at the applicant' s expense
for lines ten inches ( 10" ) in diameter and larger. The City
shall be notified in advance in order to inspect the tap. A
line tap charge shall not be assessed for taps made by the
applicant.
D. Special benefit charge.
A "special benefit charge" as defined in this chapter shall be
assessed to the benefiting properties within special sewer
benefit zones as established by resolution. The special
benefit charge shall be computed by multiplying the unit
charge by the household equivalent value of the connection for
which a permit is being sought. The household equivalent
value shall be determined in the same manner as defined under
connection charges in this section.
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 6 , 000 square feet nor
shall it have frontage of less than 60 feet. The Public Works
Director 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
25
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.
14 . 16 .240 Sewer Service Charges .
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 established by resolution.
The following classes of users shall be established:
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 one-half household
equivalent.
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 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 Public
Works Director or at the request of the user, and an
equitable charge shall be assessed. The charge may
consist of ( 1) a household equivalent value averaged over
the entire year; or (2) a yearly constant charge based on
26
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 Public Works Director may
require individual meters to be installed. Should it be
impractical to install individual meters, the Public
Works Director may assign charges based on like uses in
the City.
Class III .
industrial users that discharge a Wastewater greater than Domestic
Wastewater 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.
Class IV.
Users that have no prior History of Water Use.
A. These users shall be evaluated on a case-by-case basis by
the Public Works Director, and an equitable monthly
charge shall be assessed for a maximum of 12 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.
14 . 16 .245 Obligation to Pay Sewer Service Fees .
While any premises connected to the sewer 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
27
service is used, if water is connected to or available for use on
the premises .
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 Connection Required.
The owner of any premises within the limits of the City, which
has a public sewer located within 200 feet of the nearest exterior
28
boundary of the premises measured along publicly-owned right-of-way
or sewer easement, shall not install any septic tank 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 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 Public Works Director, any sewer impacts may be
billed to the property owner, and all enforcement actions noted in
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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 Connections.
A. Any abandoned sewer connection shall be plugged or capped at
the expense of the owner of the premises which the connection
serves at a point in the connection and in a manner approved
by the Department of Public Works 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 Public Works
Department of the City. The restored use of an abandoned
sewer connection shall not be approved by the Public Works
Department if the line or the 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 Public
Works Department, an existing sewer connection is found. to be
in an insanitary condition, the Public Works Director 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 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
sewers 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 sewer
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
30
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 Sewer Collection System.
A. Any person desiring to make an extension to the sewer
collection system of the City to serve his property shall make
a request in writing to the Public Works Director 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 Director
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 Director.
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 Director 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 sewer 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
10 years .
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 sewer collection system shall obtain a permit from
31
the Public Works Director as a condition to be connected to and to
discharge into the sewer collection system. Industrial users
connected to or proposing to connect to the sewer collection system
may be required to obtain a permit from the Public Works Director
as a condition to be connected to and to discharge into the sewer
collection system, as determined by the Public Works Director. An
existing industrial user shall obtain the permit within 90 days
after receipt of notice from the Public Works Director that his
discharge qualifies him as either an industrial user or a
significant industrial user or provide evidence satisfactory to the
Director 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 sewer
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 . Applicant ' s 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 sewer 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
Public Works Director.
6 . Names of raw materials and products that would be defined
as incompatible pollutants if they were to be discharged
into the sewer collection system. The Public Works
Director 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;
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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
12 . Any other information as may be deemed by the Public
Works Director to be necessary to evaluate the permit
application.
B. Permit issuance.
The Public Works Director 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 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 180 days after the effective date of
categorical pretreatment standards, or 180
days after the final administrative decision
made upon a category 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
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403 . 12 (b) ( 1) -( 7 ) . Where reports containing
this information already have been submitted
in compliance with the requirement of 40 CRF
128 . 140(b) 1977 , the industrial user will not
be required to submit this information again.
ii . At least 90 days prior to commencement of
discharge, new sources, and sources that
become industrial users subsequent to the
promulgation of an applicable categorical
pretreatment 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
requirements . 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
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 . ) .
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ii . No increment referred to in item 6 .b. i . will
exceed nine months .
iii . Not later than 14 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
standard deadline:
i . Within 90 days following the date for final
compliance with applicable categorical
pretreatment standards,, or in the case of a
new source following commencement of the
introduction of wastewater into the POTW, any
industrial user subject to categorical
pretreatment standards 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.
d. Periodic reports on continued compliance:
i . Any industrial user subject to a categorical
pretreatment standard, after the compliance
date of such standard, or, in the case of a
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o •
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 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 item 6 .d. i .
shall indicate the mass of pollutants
regulated by categorical 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 item
6 .d. i . 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
item 6 .d. i . shall include the industrial
user' s actual average production rate for the
reporting period.
7 . Reporting Requirements for Non-categorical Industrial
Users :
a. Non-categorical significant industrial users shall
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submit to the City at least once every six months
(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, 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 non-categorical significant industrial user.
Where the City itself collects all the information
required for the report, the non-categorical
significant industrial user will not be required to
submit the report.
b. Record keeping 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 Public Works Director
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 Public Works
Director 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
37
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 items B. 6 . and B. 7 . 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 or
persons 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 as follows :
a. If the industrial user is a corporation, authorized
representative shall mean:
i . 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.
ii . The manager of one or more manufacturing,
production, or operation facilities employing
more than 250 persons or having gross annual
sales or expenditures exceeding $25 million
(in second-quarter 1980 dollars) , if authority
to sign documents has been assigned or
delegated to the manager in accordance with
corporate procedures .
b. If the industrial user is a partnership or sole
proprietorship, an authorized representative shall
mean a general partner or proprietor, respectively.
C. If the industrial user is a Federal, State or local
governmental facility, an authorized representative
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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.
d. The individuals described in paragraphs 2 .a.
through c. above 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.
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 30 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 are imposed on
the City by Federal or State law. The owner shall be informed
of any proposed changes in his permit at least 60 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 sewer collection system until a
new permit is obtained.
Examples of reasons/causes for permit revocation:
39
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 sewer collection system if the permit application or other
evidence reveals that the proposed discharge may upset or damage
the sewer 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 where such contributions would cause
a violation of the City' s NPDES permit.
14 . 16 .420 Wastewater Discharge Permit Modification.
The Public Works Director 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 requirements .
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B. To address significant alternations 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 90 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 and not required to obtain a wastewater discharge permit
shall provide appropriate reports to the POTW as the Public Works
Director 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 Public Works
Director within 24 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 Public Works
Director within 30 days after becoming aware of the violation. The
41
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 Public Works Director may use grab sample(s) to determine
noncompliance with pretreatment requirements .
14 . 16 .470 Publication of Industrial Users in Significant
Noncompliance.
The City of Redding shall publish annually, in the largest
daily newspaper published in the city, a list of the industrial
users which, during the previous 12 months, were in significant
noncompliance with applicable pretreatment requirements . The term
"significant noncompliance" shall mean:
A. Chronic violations of wastewater discharge limits, defined
here as those in which 66 percent ( 66%) or more of wastewater
measurements taken during a rolling 6-month period exceed the
daily maximum limit or average limit for the same pollutant
parameter by any amount.
B. Technical review criteria (TRC) violations, defined here as
those in which 33 percent (33%) or more of wastewater
measurements taken for each pollutant parameter during a
rolling 6-month period equals or exceeds the product of the
daily maximum limit or the average limit multiplied by the
applicable criteria ( 1 . 4 for BOD, TSS, fats, oils and grease,
and 1 . 2 for all other pollutants except pH) .
C. Any other discharge violation that the City believes 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 or pollutants that has caused imminent
endangerment to the public or to the environment, or has
resulted in the City' s exercise of its emergency authority to
halt or prevent such a discharge.
E . Failure to meet, within 90 days of the scheduled date, a
compliance scheduled milestone contained in a wastewater
discharge permit or enforcement order for starting
construction, completing construction, or attaining final
compliance.
F. Failure to provide, within 30 days after the due date, any
42
required reports, including baseline monitoring reports, 90-
day compliance reports, periodic self-monitoring reports, and
reports on compliance with compliance schedules .
G. Failure to accurately report noncompliance.
H. Any other violation(s) which the City determines will
adversely affect the operation or implementation of the local
pretreatment program.
14 . 16 .480 Enforcement Response Plan.
Except as hereinafter provided, all persons discharging
industrial wastewater to the City' s sewer 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 Public Works Director, an industrial
users must submit information on the nature and characteristics of
his wastewater by completing a wastewater survey prior to
commencing his discharge. The Public Works Director 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 categorical pretreatment standards, 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
of Redding--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
43
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 Public Works Director 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 Public Works Director, 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 Public
Works Director, and shall be so located as to be easily
accessible for cleaning and inspection. Such 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 10 percent ( 10) % 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
44
facilities to permit accurate sampling, flow measuring, and
composting of samples for analysis . The monitoring facilities and
procedures and the equipment therefor 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 120 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 25,000 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 Public Works Director 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, willfully, 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 Waste.
Every person who discharges industrial wastewater shall keep
the domestic wastewaters separate from all industrial wastewaters
until the industrial wastewaters have passed through any required
pretreatment system or device, or the industrial wastewater control
manhole or sampling station.
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14 . 16 .530 Interceptor Requirements .
A. All 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 interceptor.
B. Any interceptor legally and properly installed before the
effective date of this chapter shall be acceptable as an
alternative to the interceptor specified herein, provided such
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 Public Works Director finds, either by engineering
knowledge or by observation, that an 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 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 interceptor.
14 . 16 .532 Standard Interceptor Designs and Policies .
The Public Works Director 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 an 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 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 Interceptor Approval .
If a gravity interceptor is required, the Public Works
Director will only approve plumbing plans which include an
interceptor which meets the requirements of this chapter.
14 . 16 .536 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 interceptor. The use of emulsifiers,
46
bacterial additives, or other chemical agents to dissolve
grease is specifically prohibited. When an interceptor is
cleaned, the accumulated sediment and floating material shall
be removed and legally disposed of other than to the sewer.
An 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 25 percent (25%) by the accumulation of floating
and settled solids, oils, and greases . The owner of any
premises required to install an interceptor; the lessee and
sub-lessee, 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
interceptor.
B. If the interceptor is not maintained adequately under the
conditions of use, the 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 1250 gallon gravity
separation interceptor, and shall keep all domestic
wastewaters from restrooms, showers, drinking fountains, and
condensate ( i .e. , ice melt, air conditioning) separate from
the restaurant wastewater until the restaurant wastewaters
have passed through all necessary pretreatment equipment
devices, or monitoring stations . Sizing of grease
interceptors shall be determined as described in the Uniform
Plumbing Code, Appendix H, as adopted by the City of Redding.
14 . 16 .545 Prohibited Restaurant Wastewater Discharges .
No person who owns, operates, or maintains a restaurant shall
47
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 Public
Works Department and the Building Division. Wastewater generated
by restaurants must be disposed of to a grease interceptor
connected to a sewer.
14 . 16 .550 Right of Entry for Inspection.
A. The officers, employees, and inspectors of the Public Works
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 Public Works 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 Public Works 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 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 Public Works Director 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 Public Works Director to proceed with the
work.
14 . 16 .555 Search Warrants .
If the Public Works Director or his duly authorized staff
representatives have been refused access to a building, structure,
or property, or any part thereof, and if the Public Works Director
has demonstrated probable cause to believe that there may be a
violation of this chapter and that there is a need to inspect the
48
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 of Redding a court of competent jurisdiction may 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 Public Works Director and shall not be
49
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.
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 Public Works Director may
authorize the use of time proportional sampling through a
minimum of four (4) 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 .
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 counter-
measures to minimize damage to the POTW and minimize pollution
50
• of the Sacramento River. Within 15 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 100 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
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 12 months .
1 . a. All notifications must take place within 180 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 180 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
51
reported under the self-monitoring requirements of
40 CFR 403 . 12 (b) , (d) , and (e) .
2 . Discharges are exempt from the requirements of
14 . 16 . 570 C. during a calendar month in which they
discharge no more than 15 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 15 kilograms of nonacute hazardous wastes in a
calendar month, or of any quantity of acute hazardous
wastes as specified in 40 CRF 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 90 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 users 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 25% 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
52
applicable pretreatment requirement. The Public Works Director may
impose mass limitations on industrial users which are using
dilution to meet applicable pretreatment requirements, or in other
cases when the imposition of mass limitations is appropriate.
14 . 16 .582 Prohibited Discharges .
A. No person shall place, deposit, or cause, directly or
indirectly, to be placed, deposited, or discharged into the
POTW, the following:
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 150°
Fahrenheit, or any substance that causes the temperature
at the POTW to exceed 104° 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 140° Fahrenheit
or 60° 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 11 .0,
or as authorized by the Public Works Director 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 storm water 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 wastewaters .
53
e s
9 . Storm water, 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 requirements, 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.
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 10 percent ( 10%) from the seasonably established
norm for aquatic life.
14 . Any wastewater containing any radioactive wastes or
isotopes, except as specifically approved by the Public
Works Director 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 animals or
vegetable origin in excess of 300 mg/1 .
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
54
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 categorical and non-categorical industrial users 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 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
55
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 run-off, 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; 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, 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 .
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 . 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 Public Works Director no later than 14 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 Public Works
.Director.
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VII . ADMINISTRATIVE ENFORCEMENT ACTIONS
14 . 16 .600 Notification of Violation.
Whenever the Public Works Director 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 Public Works Director may serve upon said user a
written notice of violation. Within seven days of the 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 Public Works Director. 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 Public Works Director is hereby 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 Public Works Director 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 Public Works
Director 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
57
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 Public Works Director 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, 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 Public Works Director 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
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
58
order issued hereunder; or any other pretreatment requirement,
may be fined in an amount not to exceed $250 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 Public Works Director shall have such
other collection remedies as may be available for other
service charges and fees .
C. Unpaid charges, fines, and penalties shall, after 15 calendar
days, be assessed an additional penalty of 1 . 5 percent ( 1 .5%)
of the unpaid balance, and interest shall accrue thereafter at
a rate of 1 .5 percent ( 1 .5%) 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 Public Works Director to reconsider the fine,
along with full payment of the fine, within 15 calendar days
of being notified of the fine. Where a request has merit, the
Public Works Director shall convene a hearing on the matter
within 30 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 Public Works Director 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
59
Public Works Director 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 Public Works Director 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 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 Public Works Director, 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 Public Works Director 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 $500 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:
60
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 Federal categorical pretreatment standards, 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 $1,000 and
not to exceed $6, 000 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 willfully or negligently violates any provision
of this chapter, a wastewater discharge permit, or an order
61
issued hereunder, or any other pretreatment requirement,
shall, upon conviction, be guilty of a misdemeanor, punishable
by a minimum fine of $1, 000 and not more than $6 , 000 per
violation per day or imprisonment for not more than six months
in the County jail, or both.
B. Any user that willfully 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 $1, 000 and
not more than $6 , 000 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 $1,000 and not more than $6,000 per violation
per day or imprisonment for not more than six months, 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,
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 of
10 percent ( 10%) 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 requirement, the City may
petition a court of competent jurisdiction for the issuance of a
temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the wastewater discharge
62
permit, or order, or other pretreatment requirements 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 Public Works Director as
authorized by this chapter, is declared a public nuisance and shall
be corrected or abated as directed by the Public Works Director.
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 Public Works Director 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 Public Works Director to be necessary to
achieve consistent compliance.
14 . 16 .820 Liability Insurance.
The Public Works Director 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
63
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
effected and shall continue in full force and effect.
14 . 16 .910 Conflicts .
All other portions of this Code inconsistent or conflicting
with any part of this chapter are hereby repealed to the extent of
the inconsistency or conflict.
14 . 16 .920 Swimming Pool Discharge.
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.
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 Public Works Director.
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 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 .
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14 . 16 .940 Interceptor Pumping Records .
All companies pumping oil and grease interceptors, or sand and
oil interceptors from facilities located within the City limits
shall maintain records of such pumpings . Copies of such records or
direct inspection of such records shall be made available upon
request by the Public Works Director. 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, and the final disposal
site of pumped wastes .
Section 2 . City Council has ratified the Negative
Declaration prepared in connection herewith, finding that no
significant effect on the environment is created hereby.
Section 3 . The City Clerk shall certify to the adoption of
this Ordinance, and cause its publication according to law.
I HEREBY CERTIFY that the foregoing Ordinance was introduced
and read at a regular meeting of the City Council of the City of
Redding on the 16th day of February, 1993, and was duly read and
adopted on the 16th day of March, 1993, at a regular meeting of the
City Council by the following vote:
AYES : COUNCIL MEMBERS : Anderson, Arness , Dahl , Kehoe and Moss
NOES : COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS : None
ABSTAIN: COUNCIL MEMBERS: None
CHARLIE MOSS, Mayor
City of Redding
A EST:
CONNIE STROHMAY , City Clerk
FOR APPROVED:
RA DALL A. HAYS, City Attorney
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14.16.940 Interceptor Pumping Records.
All companies pumping oil and grease interceptors, or sand and
oil interceptors from facilities located within the City limits
shall maintain records of such pumpings. Copies of such records or
direct inspection of such records shall be made available upon
request by the Public Works Director. 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, and the final disposal
site of pumped wastes.
Section 2. City Council has determined that this matter is
categorically exempt under the provisions of the California
Environmental Quality Act.
Section 3. The City Clerk shall certify to the adoption of
this Ordinance, and cause its publication according to law.
I HEREBY CERTIFY that the foregoing Ordinance was introduced
and read at a regular meeting of the City Council of the City of
Redding on the 16th day of February, 1993 , and was duly read and
adopted on the 16th day of March, 1993, at a regular meeting of the .
City Council by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Dahl , Kehoe and Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
CHARLIE MOSS, Mayor
City of Redding
ATTEST:
X4 M'.'
CONNIE STROHMAYER, Pty Clerk
FORM APP OVED:
RANDALLY A. HAYS, Cit Attorney
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