2011/02/22 City Council Ordinance 834
AFFIDAVIT OF POSTING
ST ATE OF CALIFORNIA )
) ss
County of Sonoma )
Terri Griffin, under penalty of perjury, deposes and says:
That she is, and during all times herein mentioned was, the duly acting and qualified Deputv
City Clerk ofthe City of Rohnert Park, Sonoma County, California; and that on the 24th day
of Februarv. 2011, she posted as required by law full, true, and correct copies of
ORDINANCE NO. 834, "REPEALING AND REPLACING CHAPTERS 13.08 (SEWER
USE ORDINANCE - PURPOSE AND APPLICABILITY), 13.12 (DEFINITIONS), 13.16
(SEWERS -:- GENERAL PROVISIONSO, 13.26 (SEWER LATERALS AND PRIVATE
SEWERS), 13.28 (SEWER USERS), 13.32 (SEWER USE PERMITS), 13.36 (SEWERS -
REGULATION OF WASTE DISCHARGES), 13.48 (SEWERS - ADMINISTRA TIQN),
AND 13.52 (SEWERS - ENFORCEMENT) OF TITLE 13, WATER AND SEWERS,
OF THE ROHNERT PARK MUNICIPAL CODE" in the following places:
City Hall
130 Avram Avenue
Public Safety Department
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Library
6250 Lynne Conde Way
www.rpcitv.or2 for website posting
/J~ ot'.~
Deputy City Clerk
Subscribed and sworn to before me
this 25th day of February, 2011.
M:\Ordinances\Ordinances 2011\Affidavits ofPosting\Affidavit ofPosting 834.doc
ORDINANCE NO. 834
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
REPEALING AND REPLACING CHAPTERS 13.08 (SEWER USE ORDINANCE -
PURPOSE AND APPLICABILITY), 13.12 (DEFINITIONS), 13.16 (SEWERS -
GENERAL PROVISIONSO, 13.26 (SEWER LATERALS AND PRIVATE SEWERS),
13.28 (SEWER USERS), 13.32 (SEWER USE PERMITS), 13.36 (SEWERS -
REGULATION OF WASTE DISCHARGES), 13.48 (SEWERS - ADMINISTRATION),
AND 13.52 (SEWERS - ENFORCEMENT) OF TITLE 13, WATER AND SEWERS,
OF THE ROHNERT P ARK MUNI~IP AL CODE
WHEREAS, the City of Rohnert Park: Sewer Use Ordinance is codified as Chapters 13.08
through 13.52 of the Rohnert Park Municipal Code;
WHEREAS, the current Sewer Use Ordinance does not comply with new and changed
requirements under Environmental Protection Agency (EP A) Pretreatment provisions and other
requirements related to the "Statewide General Waste Discharge Requirements for Sanitary
Sewer Systems - Order No. 2006-0003";
WHEREAS, this ordinance reflects changes in national regulations and if not adopted,
will result in a Sewer Use Ordinance that is more restrictive than Federal requirements; and
WHEREAS, the City of Rohnert Park joins with other cities in cooperative management
of the regional wastewater system, and adoption of this ordinance will allow all of the cities to
work together efficiently.
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as
follows:
SECTION 1. Chapter 13.08, Sewer Use Ordinance - Purpose and Applicability, of the Rohnert
Park Municipal Code is hereby repealed and replaced with the following:
"Chapter 13.08
SEWER USE ORDINANCE-PURPOSE AND APPLICABILITY*
Sections:
13.08.010
13.08.020
13.08.030
13.08.040
13.08.050
Short title. .
Purpose.
Applicability.
Violations Unlawful.
Ministerial Permit Issuance.
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*
Prior ordinance history: Ord. 267.
13.08.010 Short title.
The ordinances codified in Chapters 13.08 through 13.52 shall be known as the "sewer use
ordinance. "
13.08.020 Purpose.
The purpose of the sewer use ordinance is to regulate the use of the City sewage collection
system to avoid misuse and to comply with applicable state and federal requirements. The
ordinance includes provisions for control of sewer construction, source control oftoxic
substances, and the monitoring and control of the quality and quantity of industrial wastes. The
ordinance requires charges for use of the sewerage system, including the City's collection
system, pump station and interceptors and the subregional system's treatment, disposal, and
reclamation system. The ordinance includes provisions for enforcement and penalties for
violations.
13.08.030 Applicability.
The sewer use ordinance shall apply to all property within the City and to all property served
through an outside service agreement, The sewer use ordinance. shall remain in effect unless and
until repealed, amended or modified by the City Council in accordance with applicable state and
local laws and procedures.
13.08.040 Violations Unlawful.
It shall be unlawful for any person to connect to, reconnect to, install, provide, maintain, or use
any portion ofthe City's sewer system except as provided by this sewer use ordinance.
13.08.050 Ministerial Permit Issuance.
The City has determined that the issuance of a wastewater discharge permit pursuant to the
provisions of this sewer use ordinance is a ministerial act."
SECTION 2. Chapter 13.12, Abbreviations and Definition" ofthe Rohnert Park Municipal
Code is repealed and replaced with the following:
"Chapter 13.12
ABBREVIATIONS AND DEFINITIONS
Sections:
13.12.010
13.12.020
Abbreviations.
Definitions.
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13.12.010 Abbreviations
For purposes of this sewer use ordinance, the following abbreviations shall have the designated
meanIngs:
AO
BMP
BOD
BTEX
co
CFR
CIU
COD
EPA
FO
gpd
MGD
mg/l
NOV
NPDES -
O&M
POTW -
RCRA -
SIC
SID
SNC
Administrative Order
Best Management Practices
Biochemical Oxygen Demand
Benzene, Toluene, Ethylbenzene, Xylene
Centigrade
Code of Federal Regulations
Categorical Industrial User
Chemical Oxygen Demand
Environmental Protection Agency
Fahrenheit
Gallons Per Day
Million Gallons per Day
Milligrams per Liter
Notice of Violation
National Pollutant Discharge Elimination System
Operations and M~intenance
Publicly Owned Treatment Works
Resource Conservation and Recovery Act
Standard Industrial Classification
Significant Industrial User
Significant Non-Compliance
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SWDA - Solid Waste Disposal Act
TDS Total Dissolved Solids
TKN Total Kjeldahl Nitrogen
TSS Total Suspended Solids
TTO Total Toxic Organics
USC United States Code
13.12.020 Definitions.
For the purposes of this sewer use ordinance, the following words and phrases shall have the
meanings respectively ascribed to them in this Section:
(1) "Act" means Federal Water Pollution Control Act, also known as the Clean Water Act,
33 USC 1251, et seq., or as amended.
(2) "Administrator" means the appropriate Environmental Protection Agency (EP A)
Regional Administrator (San Francisco EP A, Region IX).
(3) "Amalgam Separator" means a device that employs filtration, settlement,
centrifugation, or ion exchange to remove amalgam and its metal constituents from a
dental office vacuum system .before it discharges to the sewer.
(4) "Amalgam Waste" means and includes any of the following without limitation: non-
contact amalgam (amalgam scrap that has not been in contact with the patient); contact
amalgam (including, but not limited to, extracted teeth containing amalgam); amalgam
sludge captured by chair-side traps, vacuum pump filters, screens, and other amalgam
trapping devices; used amalgam capsules; and leaking or unusable amalgam capsules.
(5) ~'Applicant" means a person or entity making an application for a permit that is an
occupant and/or owner, or an occupant and/or owner's authorized representative of the
premises to be served by the sewer for which a permit is required.
. (6) "Approval authority" means the Program Director in a National Pollutant Discharge
Elimination System (NPDES) state with an approved state pretreatment program.
(7) "Authorized Representative" of the applicant or user.
(a) If the applicant or user is a corporation:
(i) The president, secretary, treasurer, or a vice-president of the corporation in
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charge of a principal business function, or any other person who performs
similar policy or decision-making functions for the corporation; or
(ii) The manager of one or more manufacturing, production, or operation
facility employing more than 250 persons or having gross annual sales or
expenditures exceeding $60 million (in fourth-quarter 2005 dollars), if
authority to sign documents has been assigned or delegated to the manager
in accordance with corporate procedures.
(b) If the applicant or user is a partnership, association, or sole proprietorship: an
authorized representative shall mean a general partner or proprietor,
respectively.
(c) If the applicant or user is a federal, state, or local governmental facility: an
authorized representative shall mean a director or highest official appointed or
designated to oversee the operation and performance of the activities of the
government facility, or their designee.
(d) The individuals described in paragraphs (a) through (c) 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 from which the discharge originates or having overall responsibility for
environmental matters for the company, and the written authorization is
submitted to the City's Development Services section.
(e) A user not falling within one of the above categories must designate as the
authorized representative an individual responsible for the overall operation of
the facility.
(8) "Average dry weather flow" (ADWP) means the mean daily volume of sewage during
the period of time not influenced by rainfall.
(9) "Best available technology (BAT)" means the most efficient hardware, fixtures and
systems as determined by the City Engineer for reduction of the amount of wastewater
volume or pollutants.
(10) "Best Management Practices" (BMP) means schedules of activities, prohibition of
practices, maintenance procedures, and other management practices to prevent or
reduce unintended discharges to the sanitary sewer system. BMPs include, but are not
limited to, pretreatment requirements, operational procedures and practices,
maintenance and repair of equipment, record keeping, containment to prevent spills or
leaks, sludge or waste disposal, good housekeeping practices or diversion of water
away from raw materials or chemical storage areas.
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(11) "BOD" means biochemical oxygen demand as determined by the 5-day BOD in
accordance with standards set forth in 40. CFR Part 136, or as amended.
(12) "Building" means any structure used or intended for supporting or sheltering any use
or occupancy as determined by the City Engineer.
(13) "Building sewer" means a sewer serving a specific building or property extending from
two feet outside the building to ejther the street lateral or the private sewer. Often
referred to as a building lateral.
(14) "Business" means all commercial uses, including but not limited to offices,
merchandising and industrial uses.
(15) "Categorical pretreatment standards" means any regulation containing pollutant
discharge limits promulgated by the EPA under Section 307(b) and (c) ofthe Clean
Water Act applicable to industrial users.
(16) "Categorical User or Categorical Industrial User (CIU)" means all industrial users that
are subject to categorical pretreatment standards under 40 CFR Part 403.6 and in any
industry as defined in 40 CFR Parts 405-599, as amended.
(17) "City" means the City of Rohnert Park, Sonoma County, California.
(18) "City Engineer" means the City Engineer for the City, or his or her designee.
(19) "City Manager" means the City Manager for the City or his or her designee.
(20) "City sewer" means any public sewer located within an easement or public right-of-
. way that is maintained by the City.
(21) "City sewerage system" means the sewerage system that is maintained by the City.
(22) "City Standards" means the "City of Rohnert Park Manual of Standards, Details and
Specifications, as may be amended from time to time, on file with the City Engineer.
(23) "COD" means chemical oxygen demand as determined in accordance with standard
analytical procedures.
(24) "Color" means the optical density at the visual wave length of maximum absorption,
relative to distilled water. One hundred percent transmittance is equivalent to zero
optical density. .
(25) "Common interest development" means either:
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(a) A development characterized by individual ownership of a condominium unit
(for residential or nomesidential use), coupled with the shared ownership or
right to use common areas and facilities, including a shared building sewer
connection to the City sewer;
(b) Individual properties that share a building sewer connection to the City sewer
through private agreements or easements, or
(c) A development or individual properties that own, use or are responsible for the
maintenance of a private sewer.
(26) "Compliance Schedule" means a detailed time schedule of specific actions that a user is
required to take to prevent or correct a violation of any prohibitions or limitations
prescribed herein or any of the City's effluent limitations or pretreatment standards
promulgated in accordance herewith.
(27) "Composite Sample" means the sample resulting from the combination of individual
wastewater samples taken at selected intervals based on an increment of either flow
proportional or time.
(28) "Connected" means a physical joinder of any plumbing or drainage system or fixture
contained in any structure to the Subregional Sewer System,
(29) "Contamination" means an impairment of the quality of the waters of the state by
waste to a degree that creates a hazard to the public health through poisoning or through
the spread of disease.
(30) "Cooling Water" means the water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is heat and other minor
chemical constituents.
(31) "Cooling Water, Non-contact" means water used for cooling that does not come into
direct contact with any raw material, intermediate product, waste product, or finished
product.
(32) "Council" means the City Council of the City of Rohnert Park, Sonoma County,
California.
(33) "Customer" means a person who is, or who has agreed to be, responsible for the
payment of water or sewer service charges.
(34) "Discharger" is synonymous with "User."
(35) "Dissolved solids" means the residue upon evaporation of water after filtration in
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accordance with standards set forth in 40 CFR Part 136, or as amended, or any other
test procedures approved by the Administrator. Dissolved solids are also termed total
dissolved solids or "TDS."
(36) "Domestic Wastewater" Wastewater or sewage from restrooms and sanitary
conveniences of domestic households and businesses originating from toilets, urinals,
kitchens, bathrooms, showers, baths, basins and laundries and does not include
industrial or agricultural wastewater.
(37) "Enforcement Response Plan" (ERP) means the mechanism for addressing applicable
local, state, or federal violations. The ERP shall include a written description of each
type of enforcement, when to administer it, and how the monitoring schedule is
affected. In conjunction with the written description, there may be an ERP flow chart
that maps out the path through the various levels of enforcement.
(38) "EPA" means the Environmental Protection Agency.
(39) "Existing Source" means any source of discharge, the construction or operation of
which commenced prior to the publication by EP A of proposed categorical
pretreatment standards under Section 307 (b) and (c) of the Act that will be applicable
to such source if the standard is thereafter promulgated in accordance with Section 307
of the Act.
(40) "Federal Water Pollution Control Act of 1972" means Public Law 92-500, officially
entitled the "Federal Water Pollution Control Act Amendments of 1972," or as
amended, as well as guidelines, limitations, and standards promulgated by the
Environmental Protection Agency.
(41) "Garbage" means solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food and from the handling, storage, and sale of food
products.
(42) "Grab Sample" means a sample that is taken from a waste stream without regard to the
flow in the waste stream and over a period of time not to exceed 15 minutes.
(43) "Holding Tank Waste" means any waste from holding tanks such as vessels, chemical
toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
(44) "Improvement" means that which is built or constructed, an edifice of any kind, or any
. piece of work artificially. built up or composed of parts joined together in some definite
manner. Improvement shall not include "building" as defined above and temporary on-
site storm basins, but shall include the playing area of any non-enclosed sport facility or
restricted sport field.
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(45) "Indirect discharge" means the introduction of pollutants into a POTW from any
nondomestic source regulated under Section 307(b), (c), or (d) ofthe Act.
(46) "Industrial cost recovery" means the portion of annual capital cost recovery allocable
to industry and subject to federal industrial payback.
(47) "Industrial user" means a source of indirect discharge including SIUs and other
industry. For purposes of federal industrial cost recovery and payback provisions, any
user of a publicly owned treatment works identified in the U.S. "Standard Industrial
Classification Manual, 1972," under the following divisions:
Division A Agriculture, Forestry, and Fishing
.
Division B Mining
Division D Manufacturing
Division E Transportations, Communications, Electric, Gas, and Sanitary
Services
Division I Services
Users in these divisions may be excluded from the industrial user category if it is determined that
they will introduce primarily segre~ated domestic wastes or wastes from sanitary conveniences.
(48) "Industrial wastewater" means the waterborne waste and waste water from any
production, manufacturing or processing operation of whatever nature including
institutional and commercial operations where water is used for the removal of
significant quantities of wastes other than from human habitation of premises connected
to the public sewers. Contents of chemical toilets, septic tanks, waste holding tanks and
waste sumps shall be classified as industrial waste.
(49) "Infiltration" means water entering the sewer system through the ground.
(50) "Inflow" means water entering a sewer system from surface drainage and from clean
cooling water from non-contact cooling systems.
(51) "Maximum Allowable Discharge Limit" means the maximum concentration of a
pollutant allowed to be discharged at any time, determined from the analysis of any
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discrete or composite samples collected, independent of the industrial flow rate and the
duration of the sampling event.
(52) "Iriterceptor" means a grease removal device designed to intercept, trap, or otherwise
prevent grease, sand, flammable liquids, or other substances potentially harmful to the
sewer system from entering the system.
(53) "Force Main Interceptor" means the portion of the City sewer that connects the City's
terminal pump station to the subregional system's water recycling plant.
(54) "Interference" means a discharge which, alone or in conjunction with a discharge or
discharges from other sources, both:
(a) Inhibits or disrupts the POTW, its treatment processes or operations, or its
sludge processes, use, or disposal; and
(b) Causes a violation of any requirement of the POTW's NPDES permit (including
. an increase in the magnitude or duration of a violation) or prevents sludge use
or disposal in compliance with statutory provisions, regulations or permits
issued thereunder (or more stringent state or local regulations) including without
limitation: Section 405 of the Act; the Solid Waste Disposal Act (SWDA), the
. Resource Conservation and Recovery Act (RCRA), and including regulations
contained in any State sludge management plan prepared pursuant to Subtitle D
ofthe SWDA; the Clean Air Act; the Toxic Substances Control Act; and the
Marine Protection, Research and Sanctuaries Act.
(55) "Local Limits" means the technically and/or literature-based limits, expressed either as
concentration or as mass, of those pollutants.
(56) "Lot" means any premises, piece or parcel of land or property as bounded, defined or
shown upon a map, plat or d~ed recorded in the office of the County Recorder.
However, in the event any building or improvements appurtenant to said building cover
more area than a "lot", as defined above, the term "lot" shall be deemed to be and
include all such pieces or parcels of land upon which said buildings or improvements
are wholly or partly located.
(57) "Medical Waste" means isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding, surgical
wastes, potentially contaminated laboratory wastes, and dialysis wastes.
(58) "National Pretreatment Standard" or "National Categorical Pretreatment Standard"
means any regulation containing pollutant discharge limits promulgated by the EPA in
accordance with Section 307 (b) and (c) of the Act, which applies to industrial users.
This term includes prohibitive discharge limits established pursuant to 40 CFR, Part
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403.5.
(59) "Natural outlet" means any outlet into a watercourse, ditch, pond, lake, or other body
of surface or groundwater.
(60) "New source" means:
(a) any building, structure, facility, or installation from which there is or may be a
discharge of pollutants, the construction of which commenced after the
publication of proposed pretreatment standards under 307(c) of the Act, which
will be applicable to such source if such standards are thereafter promulgated in
accordance with that Section, provided that:
(i) The building, structure, facility or installation is constructed at a site or on
a lot at which no other source is located;
(ii) The building, structure, facility or installation totally replaces the process
or production equipment that causes the discharge of pollutants at an
existing source; or
(iii) The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent of an
existing source at the same site or lot. The City Engineer shall determine
whether the production or wastewater generating processes are
substantially independent, taking into account these factors 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, or
(b) Construction on a site at which an existing source is located resulting in a
modification of said source if the construction does not create a new building,
structure, facility or installation but otherwise alters, replaces, or adds to
existing process or production equipment.
(c) Construction of a new source as defined under this paragraph has commenced if
the applicant, user or customer has either:
(i) Begun, or caused to begin as part of a continuous onsite construction
program:
1. Any placement, assembly, or installation of facilities or equipment; or
2. Significant site preparation work including clearing, excavation, or
removal of existing buildings, structures, or facilities which is
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necessary for the placement, assembly, or installation of new source
facilities or equipment; or
(ii) Entered into a binding contractual obligation for the purchase of facilities
or equipment which is intended to be used in its 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 subsection.
(61) "Nomesidential users" includes those whose premises are used primarily for
commercial, governmental, or other nomesidential activities but excludes those whose
preinises are used for industrial activities.
(62) "NPDES permit" means National Pollutant Discharge Elimination System Permit
issued to a POTW pursuant to Section 402 of the Act.
(63) "Nuisance" means any condition caused, maintained or permitted to exist which
constitutes a threat to public health, safety, and welfare that is injurious to the senses or
that significantly obstructs, injures or interferes with the reasonable or free use of
property in a neighborhood, community or to any considerable number of persons. A
public nuisance also has the same meaning as set forth under the California Civil Code.
(64) "Pass-through" means any discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction with a discharge or
discharges from other sources, is a cause of a violation of any requirement ofthe
POTW's NPDES permit or waste discharge requirements, including an increase in the
magnitude or duration of a violation.
(65) "Peak wet weather flow" (PWWF) means peak rate of flow occurring during or from
the effects of precipitation.
(66) "Person" means any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental entity, or any
other legal entity; or the legal representatives, agents, or assigns of such entities.
Person includes all federal, state, and local governmental entities.
(67) "pH" means the logarithm ofthe reciprocal ofthe hydrogen-ion concentration and
indicates the measure of acidity or alkalinity.
(68) "Pollutant" includes but is not limited to dredge soil, solid waste, incinerator residue,
filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and
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certain characteristics of wastewater (e.g., pH, temperature, TDS, TSS, turbidity, color,
BOD, COD, toxicity, or odor) as well as any other referenced pollutants in 40 CFR or
as amended.
(69) "Pollution" means an alteration of the quality of the waters ofthe state by waste to a
degree that umeasonably affects such waters for beneficial use or facilities which serve
such beneficial uses.
(70) "Premises" means a parcel of real property, or portion thereof, including any
improvement thereon, which is determined by the City Engineer to be a single unit for
the purposes of receiving, using, and paying for sewerage service.
(71) "Pretreatment" means the reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater prior to
or in lieu of discharging or otherwise introducing such pollutants into a POTW. The
reduction or alteration may be obtained by physical, chemical, or biological processes,
process changes or by other means, except as prohibited by 40 CFR Part 403.6 (d), or
as amended.
(72) "Pretreatment requirements" means any substantive or procedural requirement related
to pretreatment, other than a national pretreatment standard, imposed on an industrial
user.
(73) "Pretreatment Standards" or "Standards" means discharge standards, categorical
pretreatment standards, and local standards and limits.
(74) "Private Sewer" means a common sewer privately owned that connects one or more
building sewers to the public sewer. A private sewer includes sewer main, manholes
and all appurtenances.
(75) "Prohibited Discharge Standards" or "Prohibited Discharges" means prohibitions
against the discharge of certain substances.
(76) "Public ag~ncy" means any of the following: the United States Government or any
department or agency thereof; the State of California or any department or agency
thereof; any City, county, town, or any department or agencies thereof; any school
district; any other governmental or public district or entity; or any other legal public
district, entity or entities; or any combination of the foregoing.
(77) "Publicly owned treatment works" (POTW) means a treatment works as defined by
Section 212 of the Act that is owned and/or operated by a state or municipality. This
includes any devices and systems used in the collection, storage, treatment, recycling,
and reclamation of the municipal sewage or industrial wastewater of a liquid nature. It
also includes sewers, pipes, and other conveyances if they convey wastewater to a
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POTW treatment plant.
(78) "Public Sewer" means the common sewer directly controlled and owned by a public
authority.
(79) "Regional Water Quality Control Board" means the California Regional Water Quality
Control Board, North Coastal Region, which has jurisdiction in the Rohnert Park area.
(80) "Residential user" means users whose premises are primarily for residential purposes
and have no significant producing or processing activity of a commerci,;tl or industrial
nature.
(81) "Sanitary sewer" means the same as sewer.
(82) "Seasonal flow" is defined as an industrial wastewater discharge during any 15 day
period during which the average volume and/or strength of any regulated wastewater
characteristic exceeds the respective yearly averages by 50%.
(83) "Septic Tank Waste" means any sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks. (See Holding Tank Waste.)
(84) "Sewage" means the water-borne wastes received from human habitation and use of
premises for residential, business, institutional, commercial and industrial purposes.
(85) "Sewer" means a pipe or conduit that carries sewage and/or industrial wastes and to
which storm, surface, and groundwaters are not intentionally admitted. Unless
otherwise qualified, the word "sewer," when used in Chapters 13.08 through 13.52,
shall be taken to mean "sanitary sewer."
(86) "Sewer lateral" means the same as "Sewer service lateral."
(87) "Sewer main" means the portion of the sewer that collects and conveys flow from the
sewer laterals to the City's terminal pump station. A sewer main can be a "public
sewer" or a "private sewer."
(88) "Sewer service charges" means fees, rolls, rates, rentals, or other charges for services
and facilities furnished by the City in connection with the sanitation or sewage system.
They shall include user charges and industrial cost recovery charges as defined under
U.S. Public Law 92'-500.
(89) "Sewer service lateral" means that portion of the sewer system that connects the user's
premises to the Public Sewer or a private sewer. This includes the building sewer and
the street lateral.
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(90) "Sewer or sanitary overflow" means any overflow, spill, release, discharge or diversion
of untreated or partially treated wastewater that mayor may not reach water of the
United States or that mayor may not cause wastewater backups into buildings or onto
private property.
(91) "Sewer system" or "Sewerage system" means all works for collecting, pumping,
treating, disposing, storing, and reclaiming sewage.
(92) "Significant industrial user" (SID) means a user subject to categorical pretreatment standards
under 40 CFR Part 403.6 and in any industry as defined in 40 CFR Parts 405-471 or a user that:
(a) Discharges an average of25,000 gpd or more of process wastewater to the POTW
(excluding sanitary, non-contact cooling, and boiler blowdown wastewater);
(b) Contributes a process wastestream that makes up five percent or more ofthe average
dry weather hydraulic or organic capacity of the POTW; or
( c) Is designated as such by the City Engineer on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement (in accordance with 40 CFR Part
403.8(f)(6)).
(93) "Sludge" means a primarily organic solid product produced by wastewater treatment
processes that can be beneficially recycled.
(94) "Slug Discharge" or "Slug" means a discharge capable of causing adverse impacts to
the City, its workers, or the environment, or any pollutant including an oxygen-
demanding pollutant released in a discharge at a flow rate and/or pollutant
concentration that may cause interference with the operation of the City sewer system.
This includes, but is not limited to, any discharge of water, sewage, or industrial waste,
which in concentration of any given constituent or in quantity of flow exceeds for any
period of duration longer than fifteen minutes, more than five times the average twenty-
four-hour concentration or flow rate during normal operation. A slug discharge is
considered to be a discharge of a non-routiIle, episodic nature, including, but not
limited to, an accidental spill or a non-customary batch discharge. Batch discharges are
intentional, controllable discharges that occur periodically within an industrial user's
process (typically the result of a non-continuous process). Acqidental spills are
unintentional, largely uncontrolled discharges that may result from leaks or spills of
storage containers or manufacturing processes in an area with access to floor drains.
(95) "Standard analytical proc~dures" means procedures contained in the latest editions of
"Standard Methods for the Examination of Water and Wastewater" (American Public
Health Association), in American Society of Testing and Materials (ASTM) standard
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and tentative methods, EPA 40 CFR 136, and other standard procedures appropriate to
the conditions as set forth or approved by the EP A.
(96) "Standard Industrial Classification or SIC" means a classification pursuant to the latest
published edition of the Standard Industrial Classification Manual issued by the
Executive Office of the President, Office of Management and Budget used to promote
the comparability of industries.
(97) "State" means the. state of California.
(98) "Street lateral" means the portion of the City sewer that connects the sewer main to the
building sewer at the property line.
(99) "Subregional system" means the Santa Rosa Subregional Water Reclamation System
service area, a POTW, which includes the Cities of Santa Rosa, Rohnert Park,
Sebastopol, Cotati, and the Sonoma County South Park Sanitation District.
(100) "Suspended solids" (SS) means the total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which is removable by
laboratory filtering per standards set forth in 40 CFR Part 136 or any other test
procedure approved by the Administrator or City Engineer.
(101)"Television Inspection" means an inspection with a television camera that allows
viewing of the inside main or lateral and recording of the images in accordance with
City Standards.
(102) "Total Dissolved Solids (TDS)" means the residue upon evaporation of water after
filtration. Standards for analysis are set forth iri 40 CFR Part 13<?
(103) "Total Kjeldahl Nitrogen (TKN)" means ammonia as nitrogen, as measured by the
Kjeldahl method. Standards for analysis are set forth in 40 CFR Part 136.
(104) "Toxic Pollutant" means one ofthe pollutants or combinations of pollutants listed as
toxic under Section 307 of the Act.
(105) "Trade secret" means a method or process, not patented, but known only to persons
using it in producing an article of trade or a service having commercial value.
(106) "User" means any person who is owner of record, lessee, sublessee, mortgagee in
possession, or responsible for property having a connection to a City sewer or for
processes that contribute sewage or industrial wastewater to a City sewer. See also
"industrial user."
(107) "User agency" means a public agency which by agreement with the City is served by
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and acquires a capacity service in the City sewerage system.
(1 08) "Waste" includes sewage and any and all other waste substances, liquid, solid, gaseous,
or radioactive associated with human habitation, or of human or animal origin, or from
any producing, manufacturing or processing operation of whatever nature. See also
"industrial wastewater."
(109) "Waste Hauler" means persons who haul wastewater from a domestic, commercial,
industrial, or other origin as approved by the City Engineer to the POTW. Domestic
sources include chemical toilets, campers, trailers, septic tanks, or cesspools.
(110) "Wastewater" means the liquid and water-carried industrial wastewater, or sewage
from residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which is contributed to the City
sewer system.
(111) "Wastewater Discharge Permit" means the written permit or mechanism by which new
or increased contributions of pollutants, or changes in the nature of pollutants, to the
Subregional system by industrial users, may be controlled to ensure compliance with
applicable pretreatment standards, pretreatment requirements, or City local limits.
(112) "Wastewater Treatment Plant or Treatment Plant" means that portion ofthe POTW
that is designed to provide treatment of municipal sewage and industrial wastewater.
(113) "Water quality requirements" means requirements for City's treatment plant effluent or
that ofthe Santa Rosa subregional system upon connection thereto as established by the
National Pollutant Discharge Elimination System permit, or by state or federal
regulatory agencies for the protection of receiving water quality. Water quality
requirements include effluent limitations and waste discharge standards, limitations, or
prohibitions that may be established or adopted from time to time by state or federal
laws or regulatory agencies.
(114) "Waters of the State" or "Receiving Waters" means all streams, lakes, ponds, marshes,
watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems,
drainage systems, and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained within, flow
through, or border upon the State or any portion thereof."
SECTION 3. Chapter 13.16, Sewers - General Provisions, is repealed and replaced with the
following:
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Sections:
13.16.010
13.16.020
13.16.030
13.16.040
13.16.050
13.16.060
13.16.070
13.16.090
13.16.010
"Chapter 13.16
SEWERS-GENERAL PROVISIONS*
Sewer connection required when available.
Outside service area connections-Written agreement required.
Connection to force main interceptors.
Connection of surface or subsurface drains.
Prohibited methods of discharge to City sewer and laterals.
Compliance with laws and regulations.
Nonlimitation of additional requirements.
Conflict with state law.
Sewer connection required when available.
(A) Sewer Connection, The owner of any parcel used for human occupancy, employment,
recreation, or other human purpose that utilizes a private sewage system and is situated
within the City and abutting on any street or easement in which there is situated a sanitary
sewer within 200 feet of the property line closest to the available sewer, and designed to
serve such parcel is required to install, at his or her sole expense, a connection with the
public sewer in accordance with the provisions ofthis title within 90 days after date of
. official notice by the City Engineer to do so.. This requirement also pertains to the '
construction of an additional unit on the existing parcel. Such official notice may inform
the owner that no person may construct, excavate, maintain, cause, allow or permit to be
constructed, excavated, or maintained on any parcels, any private sewage system, sewer
pipes or other pipes or conduits, including residential.graywater systems as defined by
Chapter 22, Section 14875 et seq., of the California Water Code, for the treatment and
discharge of sewage or impure waters, gas, vapor, oils, acids, tar or any other matter or
substance offensive, injurious or dangerous to the public health, safety, or general welfare.
(B) Abandonment of Private Sewer Disposal System. Within ninety days of connecting to the .
City sewer, any private sewage disposal system on the property shall be abandoned in
accordance with the requirements of the County Health Officer. It is unlawful to construct,
reconstruct, relocate or alter any privy, privy vault, cesspool, septic tank or other facility
intended or used for the disposal of sanitary sewage within the City without the express
written permission of the City Engineer and the County Health Officer.
13.16.020 Outside service area connections-Written agreement required.
(A) As a condition to the approval of the connection of property situated outside the corporate
limits of the City to the City sewer, the owner of such property or his or her authorized
agen(must enter into a written agreement with the City that includes at least the following
provisions:
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(1) A provision that the connection shall be at the sole expense of the owners of the property;
(2) A provision that the owners of the property shall pay all applicable capacity fees and
public facilities fees and other City fees related to impacts of providing capacity;
(3) A provision that the owners of the property or their successors in interest shall pay sewer
service charges;
(4) A provision that the owners of the property or their successors shall comply the
requirements of the Chapters 13.08 through 13.52 of this code, the Uniform Building
Code, the California Plumbing Code and other applicable regulations adopted by the
City, applicable City Standards and the plans and specification for the construction
approved by the City Engineer. Absence of this provision in the service agreement does
not relieve owners of property served by the City from complying with Chapters 13.08
through 13.52 of this code; and
(5) Provisions for the default and termination ofthe agreement.
13.16.030 Connection to force main interceptor.
No connections to the force main interceptor shall be permitted except in accordance with the
provisions ofthe 1975 Subregional System Agreement for Use of Santa Rosa Subregional
Sewerage System between the City of Santa Rosa and the cities of Cotati, Rohnert Park,
Sebastopol and the South Park County Sanitation District, as amended.
13.16.040 Connection of surface or subsurface drains.
No person shall make connection of roof downspouts, area drains, foundation drains, or other
surface or subsurface runoff or groundwater to a City sewer, building sewer, sewer lateral or any
line that is directly or indirectly connected to a City sewer.
13.16.050 Discharge to City sewer and laterals.
No person may discharge to the City sewer through any cleanout or manhole without the express
written permission of the City Engineer. Requests must be made in writing and are subject to the
sole discretion of the City Engineer whose determination shall be final.
13.16.060 Compliance with laws and regulations.
It is unlawful to discharge any sewage, industrial waste or other polluted waters into any storm
drain. Discharge of waste from any premises within the City onto land or to any natural outlet
may be permitted only if the discharge complies with all requirements of the Regional Water
Quality Control Board and all other local, state and federal laws and regulations.
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13.16.070 Nonlimitation of additional requirements.
Nothing contained in Chapters 13.08 through 13.52 ofthis code shall be construed to limit any
additional requirements that may be imposed by the County Health Officer, the Regional Water
Quality Control Board, the state, the federal government, or any other governmental agencies
having jurisdiction.
13.16.090 Conflict with state law.
Whenever the requirements of this sewer use ordinance conflict with the California Plumbing
Code, the requirements of the California Plumbing Code shall govern unless such requirements
have been modified in the manner required by law and findings for such modifications have been
filed with the California Building Standards Commission."
SECTION 4. Chapter 13.26, Sewer Laterals, of the Rohnert Park Municipal Code is repealed
and replaced with the following:
Sections:
13.26.010
13.26.020
13.26.025
13.26~030
13.26.040
13.26.045
13.26.060
13.26.070
13.26.080
13.26.090
13.26.010
"Chapter 13.26
SEWER LATERALS AND PRIVATE SEWERS
Conformity to Design Standards.
Construction or Alteration-Permit Required.
Discovery and Repair of Illegal Connections
Responsibilities for Sewer Laterals.
Requirements for Building Sewer Repair and Replacement.
Maintenance, Inspection and Repair of Sewer Laterals
Building Sewer Certification.
Fees and Property Owner Assistance Program.
New Connections to the City Sewer System.
Private Sewers
Conformity to Design Standards.
All design and construction of sewer laterals, including the portion of the sewer lateral located on
private property, shall conform to the requirements of Chapters 13.08 through 13.52 of this code,
the California Plumbing Code and other applicable regulations adopted by the City, applicable
City Standards and the plans and specifications for the construction approved by the City
Engineer. Every sewer lateral shall meet the following minimum requirements:
(A) It shall not be connected to roof downspouts, area drains, foundation drains or other
sources of surface water or groundwater runoff;
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(B) Its joints shall be tight and all pipes shall be free from structural defects, cracks, breaks,
openings, and missing portions to prevent ex-filtration of sewage or infiltration by
groundwater or storm water;
(C) Its grade shall be uniform without sags or offsets;
(D) It shall have a two-way cleanout located at or near the property line or at or near the sewer
main easement, which shall be securely capped at all times.
13.26.020 Construction or Alteration-Permit Required.
Construction, alteration, replacement or repair of any sewer lateral or appurtenances shall be
made by an appropriately licensed contractor or by the legal owner of the property to the extent
allowed by state law. All applicable permits, including those required by this chapter, chapter
12.04, "Encroachments" and chapter 15.04, "General Provisions and Penalties" ofthis code shall
be obtained before commencing any such work.
. 13.26.025 Discovery and Repair of Illegal Connections
No person shall make connection of roof downspouts, areaway drains, foundation drains, or
other sources of surface water runoff or groundwater to a sewer service lateral that is connected
to, either directly or indirectly, a public sanitary sewer.
(A) As part of its periodic construction and maintenance of sewer mains or laterals, the City
may discover illegal connections of roof downspouts, areaway drains, foundation drains or
other sources of surface Water runoff or groundwater. The City may order the property .
owner to remove the illegal connection and inspect, repair or replace any lateral or portion
of the lateral that has been affected by the illegal connection.
(B) In the absence of a specific deadline established by the City Engineer, all repair or removal
work to eliminate the illegal connection shall be completed within 30 days of notification
by the City that an illegal connection has been discovered. Notification pursuant to this
section shall be in writing and either personally delivered or sent to the property owner via
certified mail, return receipt requested.
(C) If it becomes necessary to repair or replace any portion of the sewer lateral during the
process of eliminating the illegal connection, such repair or replacement must be done in
accordance with Section 13.26.045.
(D) The City may impose civil administrative penalties against a property owner who fails to
perform any act required in this section.
13.26.030 Responsibilities for Sewer Laterals.
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(A) The user shall be responsible for maintaining a clear, unobstructed sewer service lateral
from the user's premises to the City sewer. The owner of any premises is responsible for
the maintenance of the sewer service lateral, including both the building sewer and the
street lateral. The owner shall perform all necessary maintenance to keep the sewer service
lateral free from roots, grease deposits, and other solids that may impede the flow or
obstruct the transmission of sewage.
(B) The owner of any premises is also responsible for the condition, maintenance, operation
and repair of the building sewer. The owner shall perform all necessary repairs, including
replacement, of the building sewer to keep it in good condition and free from structural
defects, cracks, breaks,. openings, and missing portions.
13.26~040 Requirements for Building Sewer Repair and Replacement.
(A) Repair. It shall be the responsibility of the owner of the premises to repair and/or replace
any building sewer which has been found to exhibit conditions that would permit
infiltration or inflow to enter the sewer system. All repair and replacement work shall
conform to the applicable CIty Standards, including testing standards.
(B) Notice of Required Correction. Should the City Engineer determine that a building sewer
does not meet the standards of this code, the City Engineer shall give a minimum of thirty
days written notice to owner of the premises to correct said violation. The City Engineer
may allow for a reasonable correction schedule. The notice shall also provide that the City
will affect the required repairs if not completed by the owner of the premises within the
required timeframe and that the City shall be entitled to recover its costs for such repairs.
13.26.045 Maintenance, Inspection and Repair of Sewer Laterals
(A) Property owners shall inspect, and if found defective, repair or replace the building sewer
or clean the sewer service lateral as follows:
(1) Whenever the City finds that a sewage overflow emanating from a sewer service lateral
has reached public property, including but not limited to a City street or the City storm
drain system, or had flowed onto private property owned by another property owner;
(2) Whenever the City finds that a sewage overflow emanating from a sewer service lateral
presents a threat to public health, even if it has not flowed across a property line; and
(3) Upon determination of the City Engineer that repair, cleaning or testing is required to
abate a nuisance or for the protection of the public health, safety and welfare.
(B) Property owners shall inspect, and if found defective, repair or replace the sewer service
lateral as follows:
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(1) On application to build a new structure on property with an existing lateral. The
inspection and any required repairs or replacement shall be completed and accepted by
the City prior to receiving a Certificate of Occupancy or a Temporary Certificate of
Occupancy;
(2) On application proposing to connect a previously unconnected structure to an existing
lateral. The inspection and any required repairs or replacement shall be completed and
accepted by the City prior to approval of the building permit and final connection to the
sewer system;
(3) On application for a change of use on the premises served from residential to
commercial, or from non-restaurant commercial to restaurant commercial. The
inspection and any required repairs or replacement shall be completed and accepted by
the City prior to approval of the building permit; or
(4) On application for a change of use on the premises served from any other land use to
common interest development. The inspection and any required repairs or replacement
shall be completed and accepted by the City prior to approval of the Final Map or Parcel
Map.
(C) Performance and Inspection of Testing. All building sewer and sewer service lateral
inspections and testing shall be performed by a state licensed contractor to the satisfaction
of the City Engineer in accordance with applicable City- Standards. Results of all
inspections and testing shall be filed with the City Engineer.
(D) The lateral shall be considered defective if it fails to meet the conditions set forth in the
City Standards or has any of the following conditions: displaced joints, root intrusion,
substantial deterioration of the lines, damaged clean-out, defective clean-out, improper pipe
grade, inflow, infiltration of extraneous water, or other conditions such as grease or other
build-up likely to increase the chance for a lateral blockage, or if, within a period of one
year, a lateral suffers two or more blockages resulting in overflows.
(E) As part of its periodic construction and maintenance of sewer mains, the City may discover
defective building sewers. The City may order the property owner to conduct an
inspection, repair or replacement of any building sewer that the City knows or reasonably
suspects to be defective in accordance with the provisions ofthis chapter.
(F) Whenever defective building sewers are found, the property owner, at the sole expense of
the property owner, shall repair or replace the lateral. The following requirements shall be
met:
(1) A replaced or repaired building sewer shall not be covered or backfilled until it has been
inspected by the City.
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(2) All new and repaired building sewers must be televised and pass an air or water pressure
test as specified by the City Engineer.
(3) All repaired or replaced building sewer shall be brought into compliance with current
City Standards and with the California Plumbing Code, including cleanouts, overflow
relief and backwater valves as needed.
(G) In the absence of a specific deadline established by the City Engineer, all repair or
replacement work shall be completed within 30 days of notification by the City after
review of inspection materials show that such repair or replacement is required.
(H) Roots, grease, dirt, rock, groundwater or other material that has accumulated in any part of
the sewer service lateral shall be prevented from entering the sewer main during any
maintenance or repair of the lateral. In the event that material is permitted to enter the
sewer main causing or contributing to the cause of a sewage spill, the property owner
and/or contractor performing such maintenance work, in addition to any criminal penalties
imposed, shall be subject to civil and administrative fines and penalties and shall be
required to reimburse City for any expenses incurred as a result of the spill.
(1) The Cityshall have the authority to recover from a property owner the City's expenses
incurred in responding to sewer overflows on private property. In addition to any actual
expenses incurred by the City resulting from an overflow, the City may impose civil and/or
administrative fines and penalties against a property owner who fails to perform any act
required in this chapter, which failur~ results in an overflow reaching public or private
property other than the property owner's property.
(1) The City Engineer shall have the authority to establish, waive, suspend 'or otherwise
modify any civil administrative penalty imposed by this Section that exceeds the direct
costs to the City upon a showing by the property owner of severe financial hardship or
upon a showing that the property owner has satisfactorily repaired the lateral to a degree
sufficient to ensure avoidance of further violations. Any claim of severe financial hardship
must be accompanied by a sworn affidavit and must demonstrate the person's actual
inability to pay the civil and/or administrative fines and penalties imposed by the City.
13.26.060 Building Sewer Certification.
(A) Issuance. A certificate of building sewer compliance shall be issued by the City Engineer
upon the occurrence of either of the following:
(1) The City Engineer has approved the results of inspection and testing and the owner of the
premises has paid the appropriate fee; or
(2) The owner of the premises has presented evidence satisfactory to the City Engineer that
the building sewer was repaired or replaced within the last five years and the owner of the
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premises has paid the appropriate fee.
(B) Validity. A certificate of building sewer compliance shall be valid for fifteen years and
shall be valid only for the lateral at the address specified in the certificate. The City
building department shall maintain records of all certificates of building sewer compliance
issued. '
13.26.070 Fees and Property Owner Assistance Program.
(A) The City Council may, by resolution, prescribe a program by which the City shall offer to
perform all or a portion of building sewer repair work or contribute towards the cost of the
work.
(B) Fees. When any work, testing or inspection in this chapter does not specifically require an
application for permit with a City, county or state agency, the City Council may, by
resolution, approve a fee schedule to provide for administration of the inspection program.
13.26.080 New Connections to the City Sewer System.
All connections made to the City sewer after the effective date of this ordinance shall provide, at
the owners' cost, a fully functioning sewer service lateral in compliance with the requirements of
Chapters 13.08 through 13.52 of this code, the Uniform Building Code, California Plumbing
Code and other applicable regulations adopted by the City, applicable City Standards and the
plans and specifications f~r the connection approved by the City Engineer.
13.26.090 Private Sewers
(A) Property owners shall inspect and, iffound defective, provide a plan for repair or
maintenance of any private sewer as follows:
(1) On application to build a new structure on property which will connect to the private
sewer with an existing lateral, or when otherwise proposing to connect a previously
unconnected structure to an existing private sewer. Inspection shall consist of a
television inspection of the private sewer in accordance with City Standards and
conducting a smoke test. Inspection of the private sewer shall be from the point of
connection or proposed connection downstream to the connection to the public sewer.
The testing and any required repairs shall be made prior to receiving a certificate of
occupancy or temporary certificate of occupancy.
(2) On application to connect a previously unconnected structure to an existing private
sewer. Inspection shall consist of a television inspection of the' private sewer in
accordance with City Standards and conducting a smoke test. Inspection of the private
sewer shall be from the point of connection or proposed connection downstream to the
connection to the public sewer. The inspection and any required repairs or replacement
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shall be completed and accepted by the City prior to approval of the building permit and
final connection to the sewer system.
(3) On application for a change of use on the premises served from residential to
commercial, or from non-restaurant commercial to restaurant commercial. Inspection
shall consist of a television inspection of the private sewer in accordance with City
Standards and conducting a smoke test. Inspection of the private sewer shall be from the
point of connection or proposed connection downstream to the connection to the public
sewer. The inspection and any required repairs or replacement shall be completed and
accepted by the City prior to approval ofthe building permit.
(4) On application for a change of use on the premises served from any otherland use to
common interest development. Inspection shall consist of a television inspection of the
private sewer in accordance with City Standards and conducting a smoke test. The entire
length of the private sewer shall be inspected and tested. The inspection and any required
repairs or replacement shall be completed and accepted by the City prior to approval of
the Final Map or Parcel Map.
(5) Whenever the City finds that a sewage overflow emanating from a private sewer has
. reached public property, including but not limited to. a City street or the City storm drain
system, or had flowed onto private property owned by another property owner. Inspection
shall consist of a television inspection of the private sewer in accordance with City
Standards and conducting a smoke test. The entire length of the private sewer shall be
inspected and tested.
(6) Whenever the City finds that a sewage overflow emanating from a private sewer presents
a threat to public health, even if it has not flowed across a property line. Inspection shall
consist of a television inspection of the private sewer in accordance with City Standards
and conducting a smoke test. The entire length of the private sewer shall be inspected
and tested.
(7) Upon determination of the City Engineer that repair, cleaning or testing is required to
abate a nuisance or for the protection of the public health, safety and welfare. Inspection
shall consist of a television inspection of the private sewer in accordance with City
Standards and conducting a smoke test. The entire length of the private sewer shall be
inspected and tested.
(B) Performance and Inspection of Testing. All private sewer inspections and testing shall be
performed by a state licensed contractor to the satisfaction of the City Engineer in
accordance with applicable City Standards. Results of all inspections and tests shall be filed
with the City Engineer.
(C) Failure. No private sewer shall be allowed to remain connected to the City sewer for more
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than 90 days after failing to pass an inspection or test as specified in this Section unless a
written request for extension has been filed with and approved in writing by the City
Engineer.
(D) The private sewer shall be considered defective if it fails to meet the conditions set forth in
the City Standards or has any of the following conditions: displaced joints, root intrusion,
substantial deterioration of the lines, improper pipe grade leading to clogging of the line,
inflow, infiltration of extraneous water.
(E) As part of its periodic construction and maintenance of sewer mains, the City may discover
defective private sewers. The City may order the property owner to conduct an inspection,
repair or replacement of any private Sewer that the City knows or reasonably suspects to be
defective in accordance with the provisions of this Section.
(F) Whenever defective private sewers are found, the property owner, at the sole expense of
the property owner, shall create a plan and schedule for repair or replacement of the private
sewer. The plan shall be approved by the City Engineer. The following requirement~ shall
be met:
(1) A replaced or repaired building sewer shall not be covered or backfilled until it has been
inspected by the City.
(2) All new and repaired building sewers must be televised and pass an air or water pressure
test as specified by the City Engineer.
(3) All repaired or replaced private sewers shall be brought into compliance with current City
Standards and per the plan submitted by the owner and approved by the City Engineer.
(G) In the absence of a specific deadline established by the City Engineer, all repair or
replacement work shall be completed within 90 days of notification by the City after
review of inspection materials show that such repair or replacement is required.
(H) Roots, grease, dirt, rock, groundwater or other material which has accumulated in a private
sewer shall be prevented from entering the City sewer during any maintenance or repair of
the private sewer. In the event that material is permitted to enter the main causing or
contributing to the cause of a sewage spill, the property owner and/or contractor
performing such maintenance work, in addition to any criminal penalties imposed, shall be
subject to civil and administrative fines and penalties and shall be required to reimburse
City for any expenses incurred as a result of the spill.
(1) The City shall have the authority to recover from a property owner the City's expenses
incurred in responding to sewer overflows on private property. In addition to any actual
expenses incurred by the City resulting from an overflow, the City may impose civil
administrative penalties against a property owner who fails to perform any act required in
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this Section, which failure results in an overflow reaching public or private or property
other than the property owner's property.
(1) The City Engineer shall have the authority to establish, waive, suspend or otherwise
modify any civil administrative penalty imposed by this Section that exceeds the direct
costs to the City upon a showing by the property owner of severe financial hardship, or
upon a showing that the property owner has satisfactorily repaired the lateral to a degree
sufficient to ensure avoidance of further violations. Any claim of severe financial hardship
must be accompanied by a sworn affidavit and must demonstrate the person's actual
inability to pay the civil and/or administrative fines and penalties imposed by the City."
SECTION 5. Chapter 13.28, Sewer Users, of the Rohnert Park Municipal Code is repealed and
replaced with the following:
"Chapter 13.28
SEWER USERS
Sections:
13.28.010 User Classifications.
13.28.010 User Classifications.
The City Engineer will classify all users in accordance with the principal activity conducted on
the premises where the discharge occurs. The purpose of the classification is to facilitate
regulation of discharges to the Subregional system on the basis of each user's waste quality,
quantity, flow, and City involvement; to provide an effective means of source control oftoxic
substances; and to provide a basis for sewer use charges to insure an equitable recovery of capital
and operating costs. User permit classifications are as follows:
(A) Nomesidential User. Users that di.scharge non-domestic wastewater to the sanitary sewer
system and do not meet the criteria ofSIU.
(B) Zero Discharger. Users who do not discharge to the sanitary sewer system, except
domestic wastewater, do not have pollutants resulting from any commercial or industrial
process, have no floor drains, and do not generate wastewater.
(C) Significant Industrial User as defined in section 13.12.020.
(D) Ongoing Groundwater Discharger. Users that discharge wastewater generated from
groundwater remediation projects in excess of six months.
(E) One-Time Discharger. Users that discharge wastewater generated as a result of purging
monitoring wells, dewatering underground storage tanks, groundwater sampling, or for a
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variety of other reasons for projects that will not exceed six months.
(F) Waste Hauler. Haulers that service domestic waste systems. Such systems include septic
tanks, cesspools, chemical toilets, trailers, or campers."
SECTION 6. Chapter 13.32, Sewer Use Permits, of the Rohnert Park Municipal Code is
repealed and replaced with the following:
"Chapter 13.32
SEWER USE PERMITS*
Sections:
13.32.010
13.32.020
13.32.030
13.32.040
13.32.050
13.32.060
13.32.070
Wastewater Discharge Permit Classification.
Sewer Use Permit-Required-Exceptions.
Sewer Use Permit-Application.
Sewer Use Permits-Conditions.
Sewer Use Permits-Terms.
Se-yver Use Permits- Tempprary Suspension or Restrictions.
Sewer Use Permits-Revocation.
* Prior ordinance history: Ords. 267 and 416.
13.32.010 Wastewater Discharge Permit Classification.
The City Engineer shall classify all users in accordance with the principal activity conducted on
the premises where the discharge occurs. The purposes of the classification are to facilitate
regulation of discharges to the Subregional system on the basis of each user's waste quality,
quantity, flow, and City involvement; to provide an effective means of source control of toxic
substances; and to provide a basis for sewer use charges to insure an equitable recovery of capital
and operating costs. User permit classifications are as follows:
(A) Nomesidential User. Users that discharge non-domestic wastewater to the sanitary sewer
system and do not meet the criteria ofSIU.
(B) Zero Discharger. Users who do not discharge to the sanitary sewer system, except
domestic wastewater, do not have pollutants resulting from any commercial or industrial
process, have no floor drains, and do not generate wastewater.
(C) Significant Industrial User.
(D) Ongoing Groundwater Discharger. Users that discharge wastewater generated from
groundwater remediation projects in excess of six months.
(E) One Time Discharger. Users that discharge wastewater generated as a result of purging
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monitoring wells, dewatering underground storage tanks, groundwater sampling, or for a
variety of other reasons for projects that will not exceed six months.
(F) Waste Hauler. Haulers that service domestic waste systems. Such systems include septic
tanks, cesspools, chemical toilets, trailers, or campers.
13.32.020 Sewer Use Permit-Required
(A) All user applicants, other than residential users, who intend to connect their premises to the
City sewer, must obtain a sewer use permit.
(B) All users who convey waste by tank truck or other vehicle to a point of direct entry into the
City sewerage system must obtain a sewer use permit.
13.32.030 Sewer Use Permit-Application.
(A) Application Form. Persons applying for a sewer use permit shall complete and file with the
City Engineer an application form obtained from the City, together with the applicable
fees. The application shall include the following information:
(1) A description of activity, faCilities and plant process on the premises, including raw
materials processes and types of materials which are or could be discharged;
(2) Total product produced by type;
(3) Number and type of employees;
(4) Estimated waste water strength;
(5) Estimated waste water flow;
(6) Average and peak waste water discharge flow for each service sewer;
(7) Locations of sewer laterals, sampling points, and pretreatment facilities;
(8) Water supply information;
(9) Source, volume and chemical characteristics of the contents of each tank; and
(10) Any other information the City Engineer shall deem necessary to evaluate the permit
application.
(B) Additional Information. The City Engineer will evaluate the data furnished by the
applicant and may require additional information. After evaluation and approval of the
data furnished, the City Engineer will determine the class of the user and may issue a
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nomesidential or industrial sewer user permit subject to conditions and terms as provided
herein.
13.32.040 Sewer Use Permits-Conditions.
(A) Nomesidential and Industrial Sewer Use Permits. Sewer use permits may contain
prohibitions on discharge of certain toxic substances as identified by federal or state law
and of hazardous substances and may contain other conditions as deemed appropriate by
the City Engineer to insure compliance with Chapters 13.08 through 13.52 of this code.
(B) Industrial Sewer Use Permits. Industrial sewer use permits may impose any or all of the
following additional conditions, or any other conditions deemed necessary by the City
Engineer:
(1) Separation of industrial waste water from sanitary sewage prior to discharge to the City
sewer;
(2) Pretreatment of industrial wastes;
(3) Limits on flow rate, time of discharge, strength of specific constituents or characteristics,
Of requirements for flow and constituent regulation or equalization;
(4) Requirements for inspection, flow measurement, and sampling facilities including access
to such facilities by the City Engineer;
(5) Monitoring program which may include: Sampling locations, frequency and method of
sampling; number, types, and standard for tests; and the establishment of a reporting
schedule. Monitoring shall be provided by the user at his expense, using a state certified
laboratory. The user's laboratory, where available, may be used if approved by the City
Engineer;
(6) Submission of technical reports or discharge reports;
(7) Maintenance of plant records relating to waste water discharge, as specified by the City
Engineer, and affording the City Engineer access thereto; or
(8) Valid waste water discharge permit from City of Santa Rosa.subregional system's
industrial waste division.
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13.32.050 Sewer Use Permits-Terms. .
(A) Validity. A sewer use permit shall be valid for five years from the date of its issuance
unless one ofthe following occurs:
(1) Change in User. A sewer use permit shall not be assigned or transferred.
(2) Change in Use. Whenever the use ofthe premises by the user or the character of the
discharge changes materially from that stated in the permit application, or when deemed
necessary by City Engineer, the user shall file an application for a new permit within
sixty days.
(B) Change of Permit Conditions. After providing written notice to the discharger, the City
may change the conditions of a sewer use permit, including changing the limits or
constituents of waste water strength from time to time as circumstances may require. The
City shall allow the discharger a reasonable amount oftime to comply with any changes.
(C) Tank Truck Discharges. A separate sewer use permit may be required for each load of
wastes conveyed to discharge point by tank truck.
13.32.060 Sewer use permits-Temporary Suspension or Restrictions.
(A) Temporary Suspension. A wastewater discharge permit may be temporarily suspended by
the City Engineer at any time if, in his or her opinion, the continued discharge of the waste
or water into the sewer system would, when combined with other discharges into the sewer
.system, exceed the City's allocated capacity service in the Subregional system,
substantially jeopardize the ability of the treatment system to meet water quality
requirements or would cause an unsafe condition to occur. In lieu of temporary suspension
of permits, the City Engineer may impose such temporary restrictions, conditions, or
limitations upon the quantities, qualities, and rates of discharge made thereunder as deemed
necessary to assure that said receiving water quality requirements will not be violated by
the discharge to the POTW, or to alleviate the unsafe condition. In addition, the City
Engineer may suspend a wastewater discharge permit at any time if he/she deems said
suspension necessary to halt or prevent a discharge that has the potential to endanger
human lives and/or injure the environment.
(B) Notice of Suspension. Notice of the temporary suspension or the imposition of temporary
restrictions, conditions, or limitations shall be given in writing by the City Engineer to the
user at least 24 hours before the effective date of any such suspension, restriction,
condition, or limitation. Delivery of said notice to the user's place of business within the
City shall constitute delivery of notice to user. In circumstances where the City Engineer
deems it necessary to suspend a wastewater discharge permit in order to prevent potential
danger to human life and/or injury to the environment, or in any circumstance that would
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cause a violation of the treatment plant's NPDES permit, the City Engineer shall deliver
such notice within 48 hours of such suspension if the City Engineer is unable to provide the
notice before the suspension.
(C) Compliance. Unless directed otherwise on the notice of suspension, the permittee shall
cease discharging into the City sewer or conform to the temporary restrictions, conditions
or limitations on the effective date of said notice.
13.32.070 Sewer Use Permits-Revocation.
(A) Grounds for Revocation. The City Engineer may revoke a sewer use permit for any of the
following reasons:
(1) Failure of the permittee to comply with the conditions of the permit; or
(2) Failure of the permittee to pay when due any charges imposed as a condition of a permit.
Notice. No permit shall be revoked by the City Engineer until the City Engineer has notified the
permittee in writing of the intent to do so and has afforded the permittee the opportunity to
appear before him within a reasonable period of time to show cause why the permit should not
be revoked; provided, however, a permit may be summarily revoked after informal notice by the
City Engineer if the continuing discharge reasonably appears to present an imminent
endangerment to the health, safety, or welfare of persons.
(B) Compliance. Unless directed otherwise on the notice of revocation, the permittee shall
cease discharging into the City sewer on the effective date of revocation."
SECTION 7. Chapter 13.36, Sewers - Regulation of Waste Discharges, of the Rohnert Park
MUllicipal Code is repealed and replaced with the following:
Sections:
13.36.010
13.36.020
13.36.041
13.36.050
13.36.052
13.36.053
13.36.054
13.36.056
13.36.058
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"Chapter 13.36
SEWERS-REGULATION OF WASTE DISCHARGES
Permissible. Discharges.
Prohibited Discharge Standards.
Reporting Requirements and Notification of Discharge.
Regula,ted Discharge Characteristics.
National Categorical Pretreatment Standards.
State and Federal Pretreatment Standards.
Local. Limits.
City's Right of Revision.
Dilution.
33
..
13.36.059
13.36.060
13.36.070
13.36.090
13.36.100
13.36.110
13.36.115
13.36.120
13.36.010
Vandalism/Tampering.
Seasonal flow.
Unusual Conditions.
Slug Control Plan.
Separation of Domestic and Process Wastestream.
Hauled Wastewater.
Clean-up and Remediation Projects.
Disposal of Pretreatment Sludges.
Permissible Discharges.
Waste water may be discharged into City sewers for collection, treatment, and disposal by the
City, provided that (i) such waste water does not contain substances prohibited or exceed
limitations of waste water volume or strength set forth in this sewer use ordinance, other laws
and regulations, and if applicable, in a sewer use permit, and (ii) the user has paid all applicable
City charges and is otherwise in compliance with the provisions of this sewer use ordinance.
13.36.020 Prohibited Discharge Standards.
(A) General Prohibitions. No user shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes pass-through, interference, or is listed in the Specific
Prohibitions in sub-section B below. These general prohibitions apply to all users
discharging to the POTW whether or not they are subject to categorical pretreatment
standards or any other federal,. state, or local. pretreatment standards or requirements.
(B) Specific Prohibitions. No person shall introduce or cause to be introduced into the POTW
the following pollutants, substances, or wastewater:
(1) Pollutants which create fire or explosive hazard in the POTW, including but not limited
to waste streams with closed cup flashpoint of less than 1400 F (600 C) using test
methods specified in 40 CFR Part 261.21 or at any point in the POTW, of more than
10% of the Lower Explosive Limit on a combustible gas meter;
(2) Wastewater having a pH less than 5.0 or more than 12.0, or any substance causing
corrosive structural damage to the POTW, or equipment as standardized in Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods SW~846, current
edition;
(3) Solid or viscous pollutants in amounts or concentrations which will cause or threaten to
cause obstruction ofthe flow in the POTW resulting in interference, but in no case
solids greater than 1/4" or 0.635 cm in any dimension. The installation and use of
garbage grinders (disposals) in commercial food establishments is prohibited, except in
the case where a 1,000 gallon minimum interceptor is in use; [40 CFR Part
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403.5(b)(3)];
(4) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge
at a flow rate and/or pollutant concentration which will cause interference with the
POTW; [40 CFR Part 403.5(b)(4)];
(5) Wastewater having a temperature which will inhibit biological activity in the POTW
resulting in interference, but in no case wastewater which causes the temperature at the
POTW to exceed 1040 F (400 C);); [40 CFR Part 403.5(b)(5)J;
(6) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause interference or pass-through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the
POTW in a quantity that may cause acute worker health and safety problems; [40 CFR
Part 403.5(b)(7)];'
(8) Trucked or hauled pollutants, except at discharge points designated by the POTW; [40
CFR Part 403.5(b)(8)];
(9) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by
interaction with other pollutants, to injure or interfere with any wastewater treatment
process, constitute a hazard to humans or animals, create a toxic. effect in the receiving
waters of the POTW, or exceed the limitation set forth in a categorical pretreatment
standard. Toxic pollutants shall include but not be limited to any pollutant identified
pursuant to Section 307(a) of the Act;
(10) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly
or by interaction with other wastes, are sufficient to create a public nuisance or a hazard
to life or are sufficient to prevent entry into the sewers for maintenance or repair;
,
(11) Any malodorous substance such as hydrogen sulfide or any other substance which will
cause offensive odors in the sewer system or at the treatment plant;
(12) Any substance which may cause the POTW's effluent or any other product of the
POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse
or to interfere with the reclamation process. In no case shall a substance discharged to
the POTW cause the POTW to be in noncompliance with sludge use or disposal
criteria, guidelines or regulations developed under Section 405 of the Act, any criteria,
guidelines or regulations affecting sludge use or disposal developed pursuant to the
Solid Waste Disposal Act, the Clean Air Act or the Toxic Substances Control Act, or
State criteria applicable to the sludge management method being used;
(13) Any substance. which will cause the POTW to violate the NPDES permit or Waste
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Discharge Requirements issued by the State;
(14) Any wastewater containing substances that may precipitate, solidify, or become viscous
at temperatures capable of either causing obstruction to the flow in the sewers or
interfering with the proper sewer system operation and maintenance;
(15) Any portions of the human anatomy;
(16) Wastewater which imparts color which cannot be removed by the treatment process,
such as, but not limited to, dye wastes and vegetable tanning solutions, which
consequently imparts color to the POTW's effluent;
(17) Wastewater containing any radioactive waste or isotopes except in compliance with
applicable state or federal regulations;
(18) Unpolluted wastewater including but not limited to storm water, surface water,
groundwater, roofrunoff, subsurface drainage, pool water, spa water, pond water,
condensate, deionized water, non-contact cooling water or other, unless specifically
authorized by the City Engineer;
(19) Sludges, screenings, or other residues from the pretreatment of industrial wastewater;
(20) Any infectious waste that is deemed a threat to the public health and safety, or will
result in any violation of applicable waste discharge requirements shall be rendered
noninfectious prior to discharge;
01) Wastewater causing the POTW effluent to fail a toxicity test;
(22) Pollutants which create conditions which violate any statute, rule, regulation, or
ordinance of any public agency relating to releases of hazardous wastes, hazardous
substances, or other pollutants to the environment when such release is to a publicly
owned sanitary sewer;
(23) Any substance wWch is not amenable to treatment by the processes employed at the
POTW;
(24) Any substance which will cause damage to City facilities;
(25) Any slug loading;
(26) Detergents, surface-active agents, or other substances which may cause excessive
foaming in the POTW;
(27) Any of the following prohibited substances as tested according to approved 40 CFR
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136 methods:
(a) Aldrin;
(b) Benzidine and its salt;
(c) BHC-Alpha;
(d) BHC-Beta;
(e) BHC-Gamma (Lindane);
(f) Chrysene;
(g) DDD, DDE, and DDT;
(h) Dieldrin;
(i) Endrin;
G) Endosulfan II (B Endosulfan);
(k)' Heptachlor;
(1) Heptachlor Epoxide;
(m) Phenanthrene;
(n) Polychlorinated Biphenyl Compounds (PCBs);
(0) Tetrachloroethene (Perchloroethylene, Perc);
(P) Toxaphene;
(28) Any septic tank waste, holding tank waste, or portable toilet waste unless a permit is
issued by the City and unless such sludge or waste is transported to the POTW by a
permitted waste hauler in accordance with the regulations set forth within this sewer
use ordinance;
(29) Wastewater causing two successive readings on an explosion hazard meter at the point
of discharge into the POTW, or at any point in thePOTW, of more than 5%, or any
single reading over 10% of the Lower Explosive Limit of the meter; or
(30) Any ashes, cinders, sand, mud, straw, leaves, grass cuttings, metal, glass, ceramics,
rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous
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substance capable of either causing obstruction to the flow in sewers or interfering with
the proper sewerage system operation and/or maintenance.
(C) Compliance by existing sources with the National Categorical Pretreatment Standards shall
be within three years of the date the standard is promulgated unless a shorter compliance
time is specified in the appropriate subpart of 40 CFR, Chapter 1, Subchapter N. Upon
promulgation, if the National Categorical Pretreatment Standards are more stringent than
limitations imposed under this chapter for a particular industrial subcategory, such
standards shall immediately supersede the limitations imposed under this chapter.
(D) Other Prohibitions.
(1) No user shall discharge any wastewater directly into a manhole or other opening in the
City sewage system other than through sewer laterals or other sewer connection
approved by the City Engineer, unless a permit has been obtained for such discharge. A
permit will only be issued for such direct discharge in the event the discharge is
otherwise in compliance with provisions of this sewer use ordinance and no other
alternative is reasonably available in the opinion of the City Engineer.
(2) Any discharge of sewage, industrial/commercial waste or other polluted waters into any
storm drain or natural outlet.
(3) Pollutants, substances, or wastewater prohibited by this sewer use ordinance shall not
be processed or stored in such a manner that they could be discharged to the POTW.
(4) No person who owns, operates or maintains a restaurant shall at any time discharge any
wastewater to the storm drain, service dock areas, or pavement. Wastewater generated
by restaurants shall be disposed of through a sanitary sewer, aI).d an approved grease
removal device, interceptor, or sample station connected to a sanitary sewer or hauled
off site and disposed at a legal disposal site.
(5) It shall be unlawful for any person to discharge the contents ofa swimming pool or a
spa into the City sewer system except in the manner specified herein. The size' of pipe
carrying discharge water shall not be larger than one inch and shall not be under a head
to exceed 20 feet. If the water is discharged by pumping, the rate of flow shall not
exceed 50 gallons per minute. Each swimming pool or spa discharging to a sanitary
sewer shall be equipped with an approved air gap to preclude any possibility of a
backflow of sewage into the swimming pool or spa piping system.
13.36.041 Reporting Requirements and Notification of Discharge.
(A) Those users that come within the Code of Federal Regulations definition of "Categorical
Industries" shall comply with the reporting requirements of 40 Code of Federal Regulations
403.12.
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(B) Notification of Discharge.
(1) Users shall notify the City immediately upon accidentally discharging wastes in violation
of this sewer use ordinance to enable countermeasures to be taken by the agency to
minimize damage to the community sewer, treatment facility, treatment processes and the
receiving waters.
(2) Notification shall be followed, within ten days of the date of occurrence, by a detailed
written statement describing the causes of the accidental discharge and the measures
being taken to prevent future occurrenCe.
(3) Notification will not relieve users ofliability for any expense, loss or damage to the
sewer system, treatment plant, or treatment process or for any fines imposed on the City
on account thereof, under Section 13550 of the California Water Code or for violations of
Section 5650 of the California Fish and Game Code.
13.36.050 Regulated Discharge Characteristics.
(A) No person shall discharge or cause to be discharged, to a City sewer, any of the following
without fIrst obtaining a sewer use permit that specifically permits such industrial waste
discharge characteristics:
(1) Discharge during a twenty-four hour period in excess of twenty five thousand gallons;
(2) Discharge offats, oils, and/or greases of animal or vegetable originin concentrations
greater than 250 mg/l.
(3) Discharges containing metal pickling or etching wastes or plating solutions, whether
neutralized or not.
13.36.052 National Categorical Pretreatment Standards.
(A) The categorical pretreatment standards found in 40 CFR Parts 405-471 are hereby
incorporated into this sewer use ordinance.
(B) Where a categorical pretreatment standard is expressed only in terms of either the ma~s or
the concentration of a pollutant in wastewater, the City Engineer may impose equivalent
mass or concentration limits in accordance with 40 CFR Part 403.6(c).
(C) When wastewater subject to a categorical pretreatment standard is mixed with wastewater
not regulated by the same standard, the City Engineer shall impose an alternate limit using
the combined waste stream formula or flow weighted average in 40 CFR Part 403.6.
(D) A user may obtain a variance from a categorical pretreatment standard if the user can
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prove, pursuant to the procedural and substantive provisions in 40 CFR Part 403.13 that
factors relating to its discharge are fundamentally different from the factors considered by
EP A when developing the categorical pretreatment standard.
(E) A user may obtain a net gross adjustment to a categorical standard in accordance with 40
CFR Part 403.15.
13.36.053 State and Federal Pretreatment Standards.
In the event that either state orfederal requirement standards for discharge to the POTW are
more stringent than the limitations, requirements, and standards set forth in this sewer use
ordinance, the most stringent standards or requirements shall apply.
13.36.054 Local Limits.
(A) The following pollutant limits are established to protect against pass-through and
interf~rence. No SIU or groundwater remediation shall discharge, or cause to discharge,
any wastewater containing in excess of the following daily maximum allowable discharge
limits.
(1) Antimony (T)* 153 mg/l
(2) Arsenic (T)* OA7 mg/l
(3) Beryllium (T)* 0.5 . mg/l
(4) Biochemical Oxygen
Demand (BOD) 20,400 mg/l
(5) Cadmium (T)* 0.04 mg/l
(6) Chromium VI 0.1 mg/l
(7) Chromium (T)* 1.71 mg/l
(8) Copper (T)* 0.2 mg/l
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(9) Cyanide (T)* 0.2 mg/l
(10) Lead (T)* 0.3 mg/l
(11) Mercury (T)* 0.0003 mg/l
(12) Nickel (T)* 1.51 mg/l
(13) Selenium (T)* 2.7 mg/l
(14) Thallium (T)* 3.9 mg/l
(15) Zinc (T)* 1.63 mg/l
(16) pH 5.5 ~ 11.9
(17) Silver 0.17 mg/l
(18) Total Toxic
Organics
(TTO) * * 2.13 mg/l
(19) Total
Suspended
Solids (TSS) 9,800 mg/l
(20) TPH Gas and
Diesel 100 mg/l
(21) Total
Dissolved
Solids 5,200 mg/l
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(22) Total Kjeldahl
Nitrogen
(TKN) 2,600
mg/l
(23) BTEX***
2.0
. mg/l
* T =Total; mg/l = milligrams per liter
** Federal Register List from 40 CFR 131 Subpart D ~ Total Toxic Organics less pesticides
and dioxins
*** Groundwater remediation and cleanup projects, BTEX=Benzene, Toluene, Ethylbenzene,
Xylene
(B) The above limits apply at the point where the wastewater is discharged to the POTW. The City
Engineer may impose mass limitations in addition to, or in place of, the
concentration-based limitations above.
(C) The City Engineer may allow the SID to discharge in excess oflocallimits when, at the
discretion of the City Engineer, the SIU has implemented all applicable Best Management
Practices adopted by the City and the Subregional system.
1336.056 City's Right of Revision.
The City reserves the right to establish, by ordinance, resolution, or in wastewater discharge
permits, more stringent standards or requirements on discharges to the City sewerage system.
13.36.058 Dilution.
No industrial user shall 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
discharge limitation unless expressly authorized by an applicable pretreatment standard or
requirement. The City Engineer may impose mass limitations on users who are using dilution to
meet applicable pretreatment standards or requirements or in other cases when, in the opinion of
the City Engineer, the imposition of mass limitation is appropriate.
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13.36.059 Vandalism/Tampering.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or
tamper with any monitoring equipment so as to cause alteration of the sampling analysis or
readings or cause damage or destruction of equipment being utilized to determine compliance
with this sewer use ordinance.
13.36.060 Seasonal flow.
Seasonal flow dischargers shall be subject to wastewater treatment plant service capacity
allocation by the City Engineer. If overloading conditions occur or threaten to occur at the
treatment plant or if unused service capacity is insufficient to accommodate all seasonal flows,
the City Engineer may allocate available service capacity among all seasonal dischargers. In
allocating the flow or constituent load, the City Engineer shall take into account the discharger's
non-seasonal flow, wastewater conservation practice, economic and environmental impact,
historical data, and any other consideration advanced by the discharger which will help the City
Engineer make an equitable allocation.
13.36.070 Unusual Conditions.
Notwithstanding any provision of this sewer use ordinance to the contrary, the.City Council and
any person may enter into an agreement where unusual conditions compel special terms and
conditions and charges for the interception, treatment and disposal of an industrial wastewater
necessary to meet the purposes of this sewer use ordinance. In no event, however, may the
National Categorical Pretreatment Standards referred to in Section J3.36.052 or any other federal
or state standard, be relaxed or waived.
13.36.090 Slug Control Plan.
(A) The City Engineer may require any SIU or other user to develop a slug control plan.
Before issuance of a wastewater discharge permit, the City Engineer shall determine
whether a user needs such a plan. Any user required to develop and implement slug
control plan shall submit, at a minimum, the following:
(1) Description of discharge practices, including non-routine batch discharges.
(2) Description of stored chemicals.
(3) Procedures for immediately notifying the City Engineer of any accidental or slug
discharge. Such notification must also be given for any discharge which would violate
any ofthe prohibited discharges.
(4) Procedures to preverit adverse impact from any accidental or slug discharge. Such
procedures include, but are not limited to, inspection and maintenance of storage areas,
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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.
(B) In the case of an accidental spill or slug discharge, refer to Section 13.48.230 of this
ordinance.
13.36.100 Separation of Domestic and Process Wastestream.
All domestic wastewater (i.e., restrooms, showers, drinking fountains) shall be separated from
process wastewater until the process wastewater has passed through a required pretreatment
system and/or the user's monitoring facility. When directed to do so by the City Engineer, users
shall separate existing domestic wastewater from process waste stream.
13.36.110 Hauled Wastewater.
(A) Septic tank waste may be introduced into thePOTW only at locations designated by the
City Engineer, and at such times as are established by the City Engineer. Such waste shall
not violate any requirements established by the City. Septic tank waste haulers must obtain
wastewater discharge permits.
(B) Haulers/generators of industrial wastewater must obtain wastewater discharge permits.
The City Engineer may prohibit the disposal of hauled industrial wastewater. The
discharge of hauled industrial wastewater is subject to all other requirements of this sewer
use ordinance.
(C) Industrial wastewater haulers shall discharge loads only at locations designated by the City
Engineer. No load may be discharged without prior consent of the City Engineer. The
City Engineer may collect samples of each hauled load to ensure compliance with
applicable standards. The City Engineer may require the industrial wastewater
hauler/generator to provide a waste analysis of any load prior to discharge.
(D) Septic and/or industrial wastewater haulers shall provide a waste-tracking form for every
load. This form shall include, at a minimum, the name and address of the industrial
wastewater hauler, permit number, truck identification, names and addresses of sources of
waste, volume, and characteristics of waste. The form shall identify the type of industry,
known or suspected waste constituents.
(E) Hauled groundwater discharges shall be subject to the criteria set forth in this Section.
(F) Discharging trucked domestic septic tank wastes originating from outside the boundaries of
Rohnert Park is prohibited.
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13.36.115 Clean-up and Remediation Projects.
Waste generated from the cleanup of spills, leaking underground storage tanks, contaminated soil
or groundwater, monitoring wells, or other similar sources shall not be discharged through direct
or indirect connection to the City sewer system unless a temporary permit or a wastewater
discharge permit is issued by the City Engineer. The City Engineer may approve the discharge
of such wastewater and issue such a permit only when, in his or her judgment, no reasonable
alternative method of disposal is available and the City's facilities and the subregional POTW
will not be significantly affected.
If a temporary discharge permit is granted for the discharge of such wastewater, the user shall
pay such fees and charges and meet such special conditions and requirements as determined by
the City Engineer to protect the public health, safety, and welfare ofthe public and the integrity
of the City sewer and treatment system.
13.36~120 Disposal of Pretreatment Sludges.
Any sludge or other material removed from the industrial wastewater by the pretreatment facility
shall be disposed of in accordance with applicable federal, state and local laws.
SECTION 8. Chapter 13.48, Sewers - Administration, ofthe Rohnert Park Municipal Code is
repealed and replaced with the following:
Sections:
13.48.010
13.48.020
13.48.030
13.48.040
13.48.050
13.48.060
13.48.070
13.48.080
13.48.090
13.48.100
13.48.110
13.48.120
13.48.130
13.48.140
13.48.150
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SEWERS-ADMINISTRATION
Responsibility of City Engineer and Users.
Wastewater Discharge Permit.
Authorization to Discharge.
Wastewater Discharge Permit/Existing Conditions.
Wastewater Discharge Permit/New Connections.
Wastewater Discharge Permit Application Contents.
Application Signatories and Certification.
Wastewater Discharge Permit Decisions.
Wastewater Discharge Permit Issuance Process.
Wastewater Discharge Permit Duration.
Wastewater Discharge Perm~t Contents.
Wastewater Discharge Permit Modification.
Wastewater Discharge Permit Transfer.
Wastewater Discharge Permit Appeals.
Wastewater Survey.
45
13.48.160 Sampling.
13A8.170
13A8.180
13.48.190
13A8.200
13A8.210
13A8.220
13A8.230
13A8.240
13A8.250
13A8.260
13A8.270
13A8.280
13.48.290
13.48.300
13.48.310
13A8.320
13.48.330
13A8.340
13.48.350
13.48.360
Contents of Reports on Sampling and Analysis.
Analytical Requirements.
Baseline Monitoring Reports.
Compliance Schedule Progress Reports.
Reports on Compliance with Categorical Pretreatment Standard Deadline.
Periodic Compliance Reports.
Reports of Potential Problems.
Reports from Un-Permitted Users.
Reports of Changed Conditions.
Reports as Directed by the City Engineer.
Monitoring Facilities.
Pretreatment Facilities.
Additional Pretreatment Measures.
Grease Removal Devices.
Amalgam Separators.
Right of Entry - Inspection and Sampling.
Unmetered waste flows.
Timing.
Record Keeping.
Confidential Information.
13.48.010 Responsibility of City Engineer and Users.
(A) Responsibility of City Engineer. The City Engineer is charged with responsibility for the
City's waste water control program and the administration and enforcement of the
provisions of Chapters 13.08 through 13.52. For the purpose of inspecting the facilities for
conformance with the provisions of Chapters 13.08 through 13.52, the City Engineer may,
at any,time, enter upon the premises of any person discharging or applying for permission
to discharge nomesidential or industrial wastes into the City sewerage system. Such entry
may be announced or unamiounced, scheduled or unscheduled and may occur without prior
notification to the user. The City Engineer may also request that a property owner provide
all written records of lateral inspection, maintenance, repair or replacement at the time of
inspection or within ten or more business days after receipt of the request. Any entry upon
private property shall be in accordance with Section 13.52.135 of this ordinance.
(B) Responsibility of Users. It shall be the responsibility ofthe applicant, user and/or
discharger to comply with all of the provisions ofthis sewer use ordinance. The omission
to act by the City shall not relieve the applicant, user or discharger of responsibility to
comply with the conditions of this sewer use ordinance, including, but not limited to, such
requirements regarding permitting, pretreatment, monitoring, and reporting. It shall be the
responsibility of the applicant, user or discharger to make determinations as to the nature of
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its operation and wastewater flow and to take such actions as may be required under this
sewer use ordinance prior to any discharge of wastewater, whether or not the applicant,
user or discharger has been informed by the City of the requirements which may apply to
the applicant, user or discharger regarding its discharge.
13.48.020 Wastewater Discharge Permit.
(A) No SIU or non-residential user shall discharge wastewater into the POTW without first
obtaining a wastewater discharge permit from the City Engineer, except when the SIU has
filed a timely application and its wastewater discharge permit is pending finalization and
the City Engineer has approved such discharge.
(B) The City Engineer may require other users to obtain a wastewater discharge permit as
necessary to carry out the purposes of this sewer use ordinance.
(C) Any violation ofthe terms and conditions of a wastewater discharge permit shall be
deemed a violation of this sewer use ordinance. Obtaining a wastewater discharge permit
does not relieve a user of its obligation to comply with all federal and state pretreatment
standards or requirements with any federal, state and local law.
13.48.030 Authorization to Discharge.
The wastewater discharge permit expressly authorizes a user to discharge wastewater to the City
Sewerage System and POTW and is issued for that purpose. If, for any reason, a wastewater
discharge permit is revoked, suspended, or otherwise held invalid, authorization to discharge is
terminated and the user shall cease all discharge.
13.48.040 Wastewater Discharge Permit/Existing Conditions.
Any.unpermitted user required to obtain a wastewater discharge permit, who was discharging to
the POTW prior to the effective date of this sewer use ordinance, and who wishes to continue
such discharges in the future, shall, within 30 days after the effective date of this sewer use
ordinance, apply to the City Engineer for a wastewater discharge permit in accordance with this
sewer use ordinance. The user shall not cause or allow discharges to the POTW to continue after
30 days of the effective date of this sewer use ordinance except in accordance with a wastewater
discharge permit issued by the City Engineer. Permits issued by the City Engineer, pursuant to
prior pretreatment requirements, shall remain valid for their stated terms or until terminated or
amended pursuant to this sewer use ordinance.
13.48.050 Wastewater Discharge Permit/N ew Connections.
Any user who is required to obtain a wastewater discharge permit and who proposes to begin or
recommence discharging into the POTW shall obtain such permits prior to the beginning or
recommencing of such discharge. An application for this wastewater discharge permit shall be
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filed a minimum of 60 days prior to the date upon which any discharge will begin or
recommence. All new industrial users shall arrange for the City Engineer to conduct a walk-
through site inspection of the user's facilities during the 60 day period prior to connecting or
contributing waste or wastewater to the City's sewer system.
13.48.060 Wastewater Discharge Permit Application Contents.
When applying for a permit, the City Engineer may require all users to submit either
independently, or as part of an application, the following information:
(A) Identifying information: The name and address of the facility, including the name of the
operator and owner.
(B) General Facility Description. SIC numbers, hours of operation, principle business
activities, products produced and/or services provided at this.facility, number and type of
employees, and proposed or actual hours of operation.
(C) Environmental Control Permits. A list of any environmental control permits held by or for
the facility including permitting agency, permit type, and identification number.
(D) Description of Operations. Facilities and plant operations/processes, wastewater
generating activities, type and amount ofraw materials processed (average and maximum
per day) and disposal methods, each product produced by type, amount, process or
processes, and rate of production, time(s), and duration of all process discharges.
(E) Facility Layout. Facility layout including floor plans, mechanical and plumbing plans,
. process flow, and details to show all sewers, floor drains, and appurtenances by size,
location and elevation and discharge locations.
(F) Flow Measurement. Measured average and maximum daily flow, monthly average, and
seasonal variations of wastewater flow rates in gallons per day to the City sewer system
from regulated process streams and other streams as necessary to use the combined
waste stream formula or flow weighted average formula.
(G) Pollutant Measurement. Wastewater constituents and characteristics, including any
pollutants in the discharge that are limited by any federal, state, or local standards, or
pretreatment standards applicable to each regulated process, and nature and concentration
(or mass if pretreatment standard requires) of regulated pollutants in each regulated process
(daily maximum and average concentration or mass when required by a pretreatment
standard). Sampling and analysis will be undertaken in accordance with 40 CFR Part 136.
(H) Compliance Certification. A certification statement reviewed by an authorized
representative of the user and certified by a qualified professional indicating whether the
pretreatment standards are being met on a consistent basis, and if not, whether additional
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operation and maintenance and/or additional pretreatment is necessary for the user to meet.
pretreatment standards and requirements. [40 CFR Part 403. 12(b)(6)]
(1) Other Information. Any other information required by the City Engineer to evaluate the
permit application. Incomplete or inaccurate applications will not be processed and will be
returned to the industrial user for revision.
13.48.070 Application Signatories and Certification.
All wastewater discharge permit applications shall be signed by a responsible corporate officer,
general partner, proprietor, or duly authorized representative of the user and contain 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 who manage the system, or those persons directly responsible for gathering the 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."
13.48.080 Wastewater Discharge Permit Decisions.
The City Engineer will evaluate the data furnished by the user and may require additional
information. Within 60 days of receipt ofa complete wastewater discharge permit application,
the City Engineer will determine whether to issue a wastewater discharge permit. Any permit
applicant or user (aggrieved party) may petition the City Engineer to reconsider the terms of a
wastewater discharge permit within 30 days of notice of its issuance. Aggrieved parties may
seek an administrative appeal under Section 13.52.200.
13.48.090 Wastewater Discharge }>enttit Issuance Process.
(A) No connection to the City sewer system shall be made until the connection has been
approved by the City Engineer. The owner of the premises to be serVed shall provide all
information required QY the City Engineer, supplemented by any plans, specifications, or
other information which, in the judgment of the City Engineer, is pertinent to the location
and use of the premises. Separate connections may be required for each building of a
single premise or for separation of industrial wastewater from sanitary sewage
(B) The Wastewater Discharge Permit shall be issued upon final inspection and acceptance of
construction of the connection and, when required, upon the application and issuance of a
wastewater discharge permit.
13.48.100 Wastewater Discharge Permit Duration.
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Each wastewater discharge permit will indicate a specific date upon whichit will expire. The
user shall apply for a wastewater discharge permit re-issuance at least 90 days prior to the
expiration of the user's existing wastewater discharge permit. Expiration of a wastewater
discharge permit does not relieve the discharger of requirements outlined in their existing
wastewater discharge permit.
(A) Industrial. Wastewater Discharge permits and Ground Water Remediation Discharge
permits shall be issued for a specified time period, not to exceed five years from the
effective date of the wastewater discharge permit.
(B) A Non-residential Wastewater Discharge permit shall be issued for a specified time period,
not to exceed six years from the effective date of the wastewater discharge permit.
13.48.110 Wastewater Discharge Permit Contents.
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary
by the City Engineer to prevent pass-through or interference, protect the quality of the water
body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge
management and disposal, and protect against damage to the POTW.
(A) Wastewater discharge permits must contain provisions, requirements, and standards
appropriate to carry out the objectives ofthis sewer use ordinance, including but not
limited to the following: .
(1) A statement that indicates wastewater discharge permit duration, which shall not
exceed five years for SIU and Categorical Users.
(2) A statement that the wastewater discharge permit is nontransferable. Any new user
must apply for a new wastewater discharge permit and receive prior approval from the
City Engineer before discharging to the sewer;
(3) Effluent limits based on applicable pretreatment standards;
(4) Self monitoring, sampling, reporting, notification, and record-keeping requirements.
These, requirements shall include an identification of pollutants to be monitored,
sampling location, sampling frequency, and sample type based on pretreatment
standards;
(5) A statement of applicable civil and criminal penalties for violation of pretreatment
standards and requirements, and any applicable compliance schedule. Such schedules
may not extend the time for compliance beyond that required by applicable federal,
state, or local law;'
(B) Wastewater discharge permits may contain provisions, requirements, and standards
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appropriate to carry out the objectives of this sewer use ordinance, including but not
limited to the following:
(1) Limits on the average and maximum wastewater constituents and characteristics.
These limits may be-based on pollutant concentration and/or mass and may include
prohibitions on discharge of said pollutants;
(2) Limits on the average and/or maximum rate of discharge, time of discharge, and/or
requirements for flow regulation and equalization;
(3) Implementation of Best Management Practices or Best Available Technology as
determined by the City Engineer.
(4) Requirements for the installation of pretreatment technology, pollution control, or
construction of appropriate containment devices, designed to reduce, eliminate, or
prevent the introduction of pollutants into the treatment works;
(5) Requirements for the development and implementation of spill control plans, Toxic
Organic Management Plan or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
(6) Development and implementation of waste minimization plans to reduce the amount of
pollutants discharged to the POTW;
(7) Requirements for installation and maintenance of inspection, sampling and flow
metering facilities, and other related monitoring equipment and 3 years of records
retention;
(8) A statement that compliance with the wastewater discharge permit does not relieve the
user of responsibility for compliance with all applicable federal and state pretreatment
standards, including those that become effective during the term of the wastewater
discharge permit;
(9) Requirements for reporting compliance schedules, self-monitoring, change in
conditions, change in discharge including slug loads, bypass, process changes and
chemical changes and automatic resampling;
(10) The prohibition of dilution as partial or complete substitute for adequate pre-treatment
to achieve compliance with permit conditions;
(11) Signatory requirements specifying the responsible corporate officer for the industrial
user; and/or
(12) Other conditions as deemed appropriate by the City Engineer to ensure compliance
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with this sewer use ordinance, and state and federal laws, rules, and regulations or the
terms of the permit.
13.48.120 Wastewater Discharge Permit Modification.
The City Engineer may modify a wastewater discharge permit for good cause, including, but not
limited to, the following reasons:
(A) To incorporate any new or revised federal, state, or local pretreatment standards or
requirements;
(B) To address significant alterations or additions to the 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 POTW, personnel,
or the receiving waters;
(E) Violation of any terms or conditions of the wastewater discharge or this sewer use
ordinance;
(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 Part 403.13; andlr
(H) To correct typographical or other errors in the wastewater discharge permit.
The filing of a request by the user for a permit modification does not stay any permit condition.
13.48.130 Wastewater Discharge Permit Transfer.
Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater
discharge permit shall not be reassigned or transferred or sold to a new owner, new user,
different premises, or a new or changed operation. However, nothing in this section shall be
construed to prevent the application of the terms and conditions ofthis sewer use ordinance,
including enforcement penalties, from applying to a succeeding owner, successor in interest, or
other assigns of an existing contract or wastewater discharge permit holder.
13.48.140 Wastewater Discharge Permit Appeals.
The City Engineer shall provide notice of the issuance of a wastewater discharge permit to the
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applicant. Any permit applicant or user (aggrieved party) may petition the City Engineer to .
reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance.
Aggrieved parties may seek an administrative appeal under Section 13.52.200.
13.48.150 Wastewater Survey.
The City Engineer may periodically require users to submit a survey that includes information on
the nature and characteristics of its wastewater. Failure to submit this survey within 30 days of
the request shall be considered a violation of thi~ sewer use ordinance.
13.48.160 Sampling.
The City Engineer may periodically require any user to sample their wastewater discharge or
submit to the wastewater. sampling by the City Engineer in establishing the appropriate class of
the user and/or to evaluate compliance with the standards and requirements ofthis sewer use
ordinance.
(A) Sample Collection. Except as indicated in paragraph (B) below, the user shall collect
wastewater samples using flow proportional composite collection techniques. In the event
flow proportional sampling is infeasible, the City Engineer may authorize the use of time
proportional sampling or grab sampling over the production day where the user
demonstrates that this will provide a representative sample of the effluent being discharged.
In addition, grab samples may be required to show compliance with daily maximum
discharge limits.
(B) Samples should be taken for Federal 40 CFR limits, for Categorical Industries immediately
downstream from pretreatment facilities if such exist, or immediately downstream from the
regulated process if no pretreatment facilities exist. If other wastewaters are mixed with
the regulated wastewater prior to pretreatment, the user shall measure the flows and
concentrations necessary to allow use of the combined wastestream formula in order to
evaluate compliance with the pretreatment standards.
13.48.170 Contents of Reports on Sampling and Analysis.
(A) Reports shall contain results of sampling and analysis, identifying the nature and
concentration (or mass, where required by the City) of regulated pollutants in the discharge
from each regulated process. Both daily maximum and average concentration (or mass,
where required) shall be reported.
(B) Reports, signed and certified by a duly authorized representative of the industrial user, as
set forth in 40 CFR Part 403.6(a)(2)(ii) and 40 CFR Part 403.12(1) shall certify that such
sampling and analysis are representative of normal work cycles and expected pollutant
discharges to the POTW and shall contain the following information:
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(1) The date, precise location, method, and time of sampling and the names of the person( s)
taking the samples;
(2) Sample preservation used;
(3) The dates analyses were performed;
(4) Chain of custody of the sample;
(5) Who performed the analyses;
(6) The analytical techniques/methods used; and
(7) The results of such analyses.
13.48.180 Analytical Requirements.
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater
discharge permit application or required report must be performed in accordance with the
techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical
pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for
the pollutant in question, sampling and analyses must be performed in accordance with
procedures approved by EP A. All analyses shall be performed by a laboratory(ies) certified by
the State for the specified pollutants and matrix to be analyzed.
13.48.190 Baseline Monitoring Reports.
All categorical users shall submit to the City a baseline report within 180 days of the effective
date of this Section or 180 days after final administrative decision on a category determination,
whichever is earlier. The baseline report shall contain the information specified in 40 CFR Part
403 .12(b). The information required for application for a permit and/or modification of a permit
may fulfill the requirements of the baseline report. If in submitting information to apply for or to
modify a permit, the categorical user also intends to fulfill the requirements for the baseline
report, the categorical user shall so state.
13.48.200 Compliance Schedule Progress Reports.
The user shall submit a progress report to the City Engineer no later than fourteen (14) days
following each date in the compliance schedule (as defined in this ordinance) and the final date
of compliance including, as a minimum, whether the user complied with the increment of
progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return
to the established schedule.
13.48.210 Reports on Compliance with Categorical Pretreatment Standard Deadline.
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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 user subject to such pretreatment standards and requirements
will submit to the City Engineer a report indicating the nature and concentration of all pollutants
in the discharge from the regulated process that are limited by pretreatment standards or
requirements, the average and maximum daily flow for these process units, and the actual
average production rate for these process units. For users subject to equivalent mass or
concentration limits established in accordance with the procedures in 40 CFR Part 403. 6( c), this
report will contain a reasonable measure of the user's long-term production rate. The report shall
state whether the applicable pretreatment standards or requirements are being met on a consistent
basis and, ifnot, what additional operational and maintenance changes and/or pretreatment is
necessary to bring the user into compliance with the applicable pretreatment standards or
requirements. This statement shall be signed by an authorized representative of the industrial
user and a certified qualified professional. Filing of this compliance report cannot relieve the
user of any fines, civil penalties, or other liability that may be imposed by this sewer use
ordinance or other applicable law, or failure to meet the applicable pretreatment standards or
requirements subsequent to the date for final compliance with such applicable standard.
13.48.220 Periodic Compliance Reports.
(A) All Significant Industrial Users shall, at a frequency determined by the City Engineer,
submit a report indicating the nature and concentration of pollutants in the discharge that
are limited by pretreatment standards or requirements and the measured or estimated
average and maximum daily flows for the reporting period; All periodic compliance
reports shall be signed and certified in accordance with 40 CFR Part 403.6(a)(2)(ii). The
report shall contain a description of the methods utilized by the user in collecting the
wastewater sample for analysis, including but not limited to the sampling device(s) used,
the sampling period, the amount of each sample collected, sample handling and
preservation techniques used, and date of sample delivery to the laboratory for analysis.
(B) All wastewater samples must be representative of the user's discharge. Wastewater
monitoring and flow measurement facilities will be properly operated, cleaned, calibrated,
and maintained in good working order at all times. The failure of a user to keep its
monitoring facility in good working order is a violation and shall not be grounds for the
user to claim that sample results are umepresentative of its discharge.
(C) If a user, subject to the reporting requirement in this section, monitors any pollutant more
frequently than required by the City Engineer, using the procedures prescribed in this sewer
use ordinance, the results of this monitoring will be included in the report.
(D) In the event a sample from a periodic compliance report indicates that a constituent is in
violation of the allowable concentration levels as set forth in the user's permit or permit
contract, the user shall inform the City within the next business day, repeat the sampling
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and pollutant analysis for the parameter in violation, and submit in writing the results of
this second analysis within 30 days of the discovery of the first violation. The initial
sampling and analysis report shall be submitted within 45 days of the initial sampling date
with a cover report setting forth the causes of the violation, the remedial actions taken to
date with regard to the violation, andthe scheduled additional actions that will be
implemented to prevent a recurrence.
(E) The City Engineer may require a signed statement by the user setting forth management
practices and/or material usage practices that have an affect on the nature, volume, and
quality of the wastewater discharge and/or that potentially will affect the ability to comply
with pretreatment standard requirements.
(F) When required by the City Engineer, an industrial user shall submit areport indicating the
concentration of specific pollutants discharged in the effluent. The determination of said
pollutants by the City Engineer shall be based on what is reasonably expected to be found
at the site and the frequency of monitoring shall be based on the compliance status of the
industrial user.
(G) Periodic Compliance Reports may be waived by the City Engineer if the City is monitoring
the user discharge.
13.48.230 Reports of Potential Problems.
(A) In the case of any discharge including, but not limited to, accidental discharges, discharges
of a non-routine or episodic nature, a non-customary batch discharge or a slug load that
. may cause potential problems for the POTW (including a violation of the prohibited
discharge standards ofthis sewer use ordinance), it is the responsibility of the user to
immediately notify the City Engineer of the incident. This notification shall include the
location of discharge, type of waste, concentration and volume (ifknown), and corrective
actions taken by the user.
(B) Within five days following an accidental discharge, the user shall, unless waived by the
City Engineer, submit a detailed written report describing the cause(s) ofthe discharge and
the measures to be taken by the user to prevent similar or future occurrences. Such
notification shall not relieve the user of any expense, loss, damage, or other liability that
may be incurred as a result of damage to the system, natural resources, or any other damage
to persons or property. Nor shall such notification relieve the user of any fines, civil
penalties, or other liability that may be imposed by this sewer use ordinance.
(C) Failure to notify the City of potential problem discharges shall be deemed a violation of
this sewer use ordinance.
(D) A notice shall be permanently posted, advising employees of calling procedures in the
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event of a discharge described in paragraph (A) above. Employers shall ensure that all
employees are advised of the emergency notification procedure and containment
procedures.
(E) The City has the authority to deny or condition new or increased contributions of pollutants
or changes in the nature of pollutants to the POTW by permitted and non-permitted users
where such contributions do not meet applicable pretreatment standards or requirements or
where such contributions would cause the POTW to violate its Waste Discharge
Requirements.
13.48.240 Reports from Un-Permitted Users.
All users not required to obtain a wastewater discharge permit shall provide appropriate reports
to the City Engineer if deemed necessary by the City Engineer to protect the public health,
safety, and welfare of the public and the integrity of the City sewer and treatment system.
13.48.250 Reports of Changed Conditions.
Each user shall notify the City Engineer of any planned significant changes to the user's
operations or system that might alter the nature, quality, or volume of its wastewater at least 60
days before the change.
(A) The. City Engineer may require the user to submit such information as may be deemed
necessary to evaluate the changed condition, including the submission of a wastewater
discharge permit application as required by this sewer use ordinance.
(B) The City Engineer may issue a wastewater discharge permit as required by this sewer use
ordinance or modify an existing wastewater discharge permit.
(C) No user shall implement the planned changed condition(s) until or unless the City Engineer
has responded to the user's notice.
(D) For purposes ofthis section, flow increase of 20% or greater, and the discharge of any
previously umeported pollutants, shall be deemed a significant change to the user's
operations or system.
13.48.260 Reports as Directed by the City Engineer.
The City Engineer may at any time require waste reports, including, but not limited to,
questionnaires, technical reports, sampling reports, and test analyses, and periodical reports of
waste water discharge. When the requested report is not adequate in the judgment of the City
Engineer, he may require the user to supply such additional information as the City Engineer
deems necessary. Waste reports may include, but are not necessarily limited to, nature of the
process, volume and rates of waste water flow, elements, constituents, and characteristics of the
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waste water, together with any information required in the sewer use permit.
13.48.270 Monitoring Facilities.
(A) Users shall install sampling and/or monitoring equipment, including manholes, as deemed
necessary by the City Engineer. The user's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by the user at the user's
own expense. All devices used to determine wastewater flow and quality shall be
calibrated, at a frequency to be determined by the City Engineer, to ensure their accuracy.
The sampling and monitoring facilities shall be provided in accordance with the City's
requirements and all applicable construction standards and specifications. Construction
shall be completed within 90 days following written notification by the City Engineer
unless a time extension is granted by the City Engineer.
(B) Location of Equipment. The sampling and monitoring equipment shall be situated on the
user's premises, but the City Engineer may, when such a location would be impractical or
cause undue hardship on the user, allow the facility to be constructed in the public right-of-
way and located so that it will not be obstructed by landscaping or parked vehicles.
(C) Access to Equipment. Ifthe monitoring facility is inside the user's fence, there shall be
accommodations to allow access for City personnel, such as agate secured with a City
lock. There shall be ample room in or near such sampling manhole to allow accurate
sampling and compo siting of samples for analysis.
(D) Effluent Meter and Composite Sampler. New industrial users or existing users planning a
remodel of existing process facilities and/or pretreatment system that contribute high
strength wastewater to the POTW shall install a non-resettable totalizing effluent meter and
a flow proportioned composite sampler that is controlled by a flow meter.
(E) Provisions for Existing Users. Existing industrial users shall be subject to the provisions of
this Section as determined by the City Engineer to protect the public health, safety, and
welfare of the public and the integrity of the City sewer and treatment system.
(F) Plan Review. Detailed plans showing the operation and proposed installation of all
monitoring and/or sampling equipment shall be submitted to the City for review and shall
be acceptable to the City Engineer before installation of the equipment. Any subsequent
changes to any sampling and/or monitoring equipment shall be reported to and be
acceptable to the City Engineer.,
13.48.280 Pretreatment Facilities.
(A) Where required in the waste discharge permit or by State or Federal laws and regulations,
the discharger shall provide, operate and maintain, at the discharger's expense, such
preliminary treatment or controls as may be necessary to eliminate or reduce the
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objectionable characteristics, constituents, or quantities and rates of discharge to conform
to the maximum limits provided for in the permit.
(B) Plans, specifications, and any other pertinent information related to proposed pretreatment
facilities and operating procedures shall be submitted for the approval ofthe City Engineer.
Construction of such facilities shall not commence until said approval is obtained in
writing, and use of such facilities shall not commence until completed facilities are
approved in writing. Pretreatment facilities shall be continuously maintained in
satisfactory and effective operating condition to the satisfaction of the City Engineer.
13.48.290 Additional Pretreatment Measures.
(A) The City Engineer may require any user discharging into the POTW to install and
maintain, on their property and at their expense, a suitable storage and flow-control facility
to ensure equalization of flow. A wastewater discharge permit may be issued solely for
flow equalization.
(B) From time to time the City may adopt Best Management Practices for activities and/or
industries. In these cases, users may employ the adopted Best Management Practices in
lieu of application of other pretreatment technologies, when approved by the City Engineer.
(C) Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
13.48.300 Grease Removal Devices.
Grease, oil, and sand interceptors or other grease removal device. shall be provided by the user
when, in the opinion ofthe City Engineer, they are necessary for the proper handling of
wastewater containing excessive amounts of grease and oil, sand or other harmful ingredients.
All interception units shall be of type and capacity acceptable to the City Engineer and shall be
so located to be easily accessible for cleaning and inspection. All grease, oil and sand
interceptors shall be maintained in continuously efficient operation at all times. Such
interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their
expense. The user shall keep and maintain records that document all cleaning, repair and proper
disposal from all such interceptors for the preceding three years. Such records shall be kept on
the site for review by the City Engineer.
13.48.310 Amalgam Separators.
In addition to the requirements set forth below, the City Engineer may specify additional
requirements for dental facilities that remove or place amalgam fillings.
(A) All owners and operators of dental facilities that remove or place amalgam fillings shall
comply with the following waste management practices:
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(1) No person shall rinse chair-side traps, vacuum screens, or amalgam separator
equipment in a sink or other connection to the sanitary sewer.
(2) Owners and operators of dental facilities shali ensure that all staff members who handle
amalgam waste are trained in the proper handling, management, and disposal of
mercury-containing material and fixer-containing solutions, and shall maintain training
records that shall be available for inspection by the City Engineer during normal
business hours.
(3) Amalgam waste shall be stored and managed in accordance with the instructions of the
recycler or hauler of such materials. '
(4) Bleach and other chlorine-containing disinfectants shall not be used to disinfect the
vacuum line system.
(5) The use of bulk mercury is prohibited. Only pre-capsulated dental amalgam is
permitted.
(B) All owners and operators of dental vacuum suction systems, except as set forth in
paragraphs (C) and (D), ,below, shall comply with the following:
(1) An ISO 11143 certified amalgam separator device or comparable device shall be
installed for each dental vacuum suction system on or before one year of the effective
date of this title provided, however, that all dental facilities that are newly constructed
on and after the effective date of this sewer use ordinance shall include an installed ISO
11143 certified amalgam separator device. The installed device must be ISO 11143
certified as capable of removing a minimum of 95% of amalgam. The amalgam
separator system shall be certified at flow rates comparable to the flow rate of the actual
vacuum suction system operation. Neither the separator device nor the related
plumbing shall include an automatic flow bypass. For facilities that require an
amalgam separator that exceeds the practical capacity of ISO 11143 test methodology,
a non-certified separator will be accepted, provided that smaller units from the same
manufacturer and of the same technology are ISO-certified. Alternative materials and
methods may be proposed to the City Engineer for approval.
(2) Proof of certification and installation records shall be submitted to the City Engineer
within 30 days of installation.
(3) Amalgam separators shall be maintained in accordance with manufacturer's
recommendations. Installation, certification, and maintenance records shall be
available for immediate inspection upon request by the City Engineer during normal
business hours.
(C) Facilities with vacuum suction systems that meet all of the following conditions may apply
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to the City Engineer for an exemption to the requirements of paragraph (B), above:
(1) The system was installed before the effective date of this title.
(2) The system is a dry vacuum pump system with an air-water separator.
(3) The sedimentation tank is non-bottom draining, with the drain above the anticipated
maximum level of accumulated sludge.
(4) Evidence of regular pump outs (a minimum of once a year, or more often if either
directed by the manufacturer or necessary to keep solids from exiting through the drain)
is maintained and open to inspection by the City Engineer during normal business
hours.
(5) The system has no direct discharge pipe to the sewer on the bottom of the
sedimentation tank.
An owner or operator whose facility meets all five conditions in this subdivision may apply
for an exemption by written letter to the City Engineer. The City Engineer will review the
system and, if the exemption is approved, shall provide a written letter of exemption. An
exemption obtained pursuant to this subdivision section shall expire upon installation of a
new vacuum system. Upon expiration of the exemption, the facility shall complywith
paragraph (B) of this section before commencing further operation.
. (D) The following types of dental practice are exempt from this Section, provided that removal
or placement of amalgam fillings occurs at the facility no more than three days per year:
orthodontics, periodontics, oral and maxillofacial surgery, radiology, oral pathology or oral
medicine, and endodontistry and prosthodontistry.
13.48.320 Right of Entry - Inspection and Sampling.
The City Engineer shall have the right to enter the premises of any user announced or
unannounced, to determine whether the user is complying with all requirements of City
ordinances and any wastewater discharge permit or order issued hereunder. Users shall allow the
City Engineer ready access to all parts of the premises for the purposes of inspection, sampling,
records examination and copying, and the performance of any additional duties. Any entry upon
private property shall be in accordance with Section 13.52.135 of this ordinance.
(A) Where a user has security measures in force that require proper identification and clearance
before entry into their premises, the user shall make necessary arrangements with its
security guards so that, upon presentation of suitable identification, the City Engineer shall
be permitted to enter, without delay, for the purposes ofperformirig specific
responsibilities.
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(B) The City Engineer shall have the right to set up or require installation of, on the user's
property, such devices as are necessary to conduct sampling and/or metering of the user's
operations.
(C) If deemed necessary by the City Engineer, the City Engineer may require the industrial
user to install sampling and monitoring equipment. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating condition by the
user at its expense. The City Engineer may require the installation of such facilities on the
premises of the user at a location that will be accessible to the City Engineer at all times.
All devices used to measure wastewater flow and quality shall be calibrated and certified
periodically to ensure their accuracy.
(D) Any temporary or permanent obstruction to safe and easy access to the facility to be '
inspected and/or sampled shall be promptly removed by the user at the written or verbal
request of the City Engineer and shall not be replaced. The costs of clearing such access
shall be the responsibility of the user.
(E) When the owner of premises fails to comply with. an order to cease and desist, allowing the
entrance of surface or subsurface drainage water from the owner'spremise to the City
sewer system, the City Engineer shall have the right to enter the premises and to block the
flow of drainage water.
(F) Umeasonable delays in allowing the City Engineer access to the user's premises shall be a
violation of this sewer use ordinance.
13.48.330 Unmetered.waste flows.
Sewage and industrial wastewater flows from nomesidential and industrial users not required to
install control manholes shall be determined as follows:
(A) For premises where no significant portion of the water received from any source is
consumed in the principal activity of the user, or is removed from the premises by means
other than the City sewerage system, the volume of waste flow shall be equal to the total
volume of water used from all sources. Water received from each source shall be
determined by the registration shown in the corresponding water meter. When required by
the City Engineer, unmetered water sources shall be equipped with meters at the user's
expense. Size and type of water meters and frequency of testing shall be as specified in the
sewer use permit.
(B) For premises where a portion of the water received from any source does not flow into the
sewerage system, either because of the principal activity of the user or because of its
removal by other means, the volume of waste flow shall be equal to the volume of water
used from all sources less the volume of water removed by the user's activity. Water
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received from each source, as well as water removed, shall be determined by the
registration shown in the corresponding water meters or by other means approved by the
City Engineer. Unmetered water removals shall be equipped with meters at the user's
expense. Size and type of water meters and frequency of testing shall be as specified in the
sewer use permit.
(C) All meters required in subsections (A) and (B) of this Section shall be installed in
accordance with City Standards at the user's expense. Existing private meters installed by
the user prior to the effective date of the ordinance shall continue in service until they are
required to be replaced. A monthly service charge may be assessed to the user to cover
City meter reading and maintenance costs.
13.48.340 Timing.
Written reports will be deemed to have been submitted on the date postmarked. For reports that
are not mailed, the date of receipt of the report will govern.
13.48.350 Record Keeping.
Users subject to the reporting requirements of this sewer use ordinance shall retain, and make
available for inspection and' copying, all records of information obtained pursuant to any
monitoring activities required by this sewer use ordinance and any additional records of
information obtained pursuant to monitoring activities undertaken by the user independent of
such requirements. Records will include the date, precise location, method, and time of
sampling, and the name of the person(s) taking the samples, the dates analyses were performed,
who performed the analyses, the analytical techniques or methods used, and the results of such
analyses. These records must be retained for a period of at least five years. This period will be
automatically extended for the duration of any litigation concerning the user or the City, or
where the user has been specifically notified of a longer retention period by the City Engineer.
13.48.360 . Confidential Information.
Information and data on a user obtained from reports, surveys, wastewater discharge permit
applications, wastewater discharge permits, and monitoring programs, and from the City
Engineer's inspection and sampling activities, shall be available to the public in accordance with
state law. Wastewater constituents and characteristics and other "effluent data" as defined by 40
CFR Part 2.302 will not be recognized as confidential information and will be available to the
public without restriction.
SECTION 9. Chapter 13.52, Sewers -Enforcement, of the Rohnert Park Municipal Code is
repealed and replaced with the following:
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Sections:
"13.52
SEWERS-ENFORCEMENT
Article 1- General E.nforcement
13.52.010 Intent.
13.52.020 Enforcement Response Plan.
13.52.025 Violation - Penalty
13.52.030
13.52.040
13.52.050
13.52.060
13.52.070
13.52.080
13.52.090
13.52.100
13.52.110
13.52.120
13.52.130
13.52.135
13.52.140
13.52.150
13.52.160
13.52.170
13.52.180
13.52.190
13.52.200
13.52.210
13.52.220
Administrative Fines- Civil Penalties.
Judicial Enforcement Remedies.
InjUllctive Relief.
Performance Bonds.
Liability Insurance.
Water Supply Severance.
Public Nuisances.
Cost Reimbursement.
Responding to Significant Noncompliance.
Publication of Users in Significant Noncompliance.
Compliance Schedules.
Search/Inspection Warrants.
Emergency Suspension of Discharge.
Waste Water Discharge Permit- RevocationlTermination of Service.
Upset.
Bypass.
Affirmative Defense.
Disputes- Request for Ruling.
Appeals.
Fraud and False Statements. .
Pretreatment Charges and Fees.
Article 1- General Enforcement
13.52.010 Intent.
The enforcement provisions specified in this sewer use ordinance apply to all classes of users to
the extent such user violates any provision ofthis sewer use ordinance or administrative order of
the City Engineer pursuant to this sewer use ordinance. In order to achieve the maximum degree
of compliance desired; the City may use a variety of enforcement mechanisms. The enforcement
mechanisms may range from informal administrative action, to a request for criminal
prosecution. The City may, at its discretion, implement the use of any mechanism or the
concurrent use of several mechanisms in order to enforce the provisions of this sewer use
ordinance. The enforcement mechanisms provided herein may be cumulative in respect to such
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other enforcement mechanisms or civil and criminal penalties as may be otherwise available
under the laws of the State of Cali fomi a and the United States of America. Nothing in this sewer
use ordinance is intended to prevent state and/or federal regulatory agencies from undertaking
enforcement actions as may otherwise be available due to a violation of this ordinance that also
constitutes a violation of federal or state statutes and regulations.
13.52.020 Enforcement Response Plan.
Rules for enforcement. The City Engineer may adopt procedures and rules for the
implementation and administration of this sewer use ordinance.
When the City Engineer finds that a discharge of industrial wastes is taking place or threatening
to take place in violation of this ordinance, wastewater source control requirements, or the
provisions of a sewer use permit, the City Engineer may initiative any of the following
enforcement actions without limitation:
A. Notice of Violation (NOV).
When the City Engineer finds that a user has violated, or continues to violate, any provision of
this sewer use ordinance, a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the City Engineer may serve upon that user a written
Notice of Violation. Within 10 days of the receipt of this notice, an explanation of the violation
and a plan for the satisfactory correction and prevention thereof, to include specific required
actions, shall be submitted by the user to the City Engineer. 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 Engineer to take any
action, including emergency actions or any other enforcement action, without first issuing a
Notice of Violation.
B. Administrative Orders (AO).
The City Engineer may issue Administrative Orders and/or enter into assurances of compliance,
or other similar documents establishing an agreement with any user responsible for the
noncompliance. Such documents will include specific action to be taken by the user to correct
the noncompliance within a time period specified by the document.
(1) Consent Order. The City Engineer may enter into Consent Orders, or other similar
documents establishing an agreement with any user responsible for noncompliance. Such
documents will include specific action to be taken by the user to correct the
noncompliance within a time period specified by the document. Such documents shall
have the same force and affect as administrative orders issued and shall be judicially
enforceable.
(2) Show Cause Order. The City Engineermay order a user that has violated, or continues to
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violate, any provision of this sewer use ordinance, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement, to appear before the
City Engineer and show cause why the proposed enforcement action should not be taken.
Notice shall be served on the user specifying the time and place for the meeting, the
proposed enforcement action, the reasons for such action, and a request that the user
show cause why the proposed enforcement action should not be taken. The notice ofthe
meeting shall be served personally or by registered or certified mail, return receipt
requested, at least 10 days prior to the hearing. Such notice may be served on any
authorized representative ofthe user. A show cause hearing shall not be a bar against, or
prerequisite for, taking any other action against the user.
(3) Compliance Orders. When the City Engineer finds that a user has violated, or continues
to violate, any provision of this sewer use ordinance, a wastewater discharge permit or
order issued hereunder, or any other pretreatment standard or requirement, the City
Engineer may issue an order to the user responsible for the discharge, directing that the
user come into compliance within a specified time. If the user does not come into
compliance within the time provided, sewer service may be discontinued unless adequate
treatment facilities, devices, or other related appurtenances are installed and properly
operated. Compliance orders also may 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 a pretreatment standard or
requirement, nor does a compliance order relieve the user of liability for any violation, .
including any continuing violation. Issuance of a compliance order shall not be a bar
against, or a prerequisite for, taking any other action against the user.
(4) Cease and Desist Orders. When the City Engineer finds that a user has violated, or
continues to violate, any provision of this sewer use ordinance, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard or requirement, or
that the user's past violations are likely to recur, the City Engineer may issue an order to
the user directing it 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.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other
action against the user.
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13.52.025 Violation-Penalty.
No person shall violate any provisions of or fail to comply with any of the requirements of
Chapters 13.08 through 13.52. Any person intentionally or negligently violating any of the
provisions or failing to comply with any of the requirements of Chapters 13.08 through 13.52 is
guilty of a infraction. Each person is guilty of a separate offense for each and every day during
any portion of which any violation of any provision of Chapters 13.08 through 13.52 is
committed, continued, or permitted by such person.
13.52.030 Administrative Fines - Civil Penalties.
(A) When the City Engineer finds that a user has violated, or continues to violate, any
provision of this sewer use ordinance, a wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, the City Engineer may fine
such user in an amount determined pursuant to the City Enforcement Response Plan.
Pursuant to the authority of Cali fomi a Government Code Sections 54739 to 54740.6, the
City may issue administrative complaints, conduct administrative hearings, and/or impose
civil penalties in accordance with the procedures set forth in these sections for violation of
the City's requirements set forth in this sewer use ordinance. The amount of any civil
, penalties imposed under this section that have remained delinquent for a period of 60 days
shall constitute a lien against the real property of the discharger from which the discharge
originated resulting in the imposition of the civil penalty.
(B) . Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional
penalty of the unpaid balance, and interest shall accrue thereafter. A lien against the user's
property may be sought for unpaid charges, fines, and penalties.
(C) Users desiring to dispute such fines must file a written request for the City Engineer to
reconsider the fine along with full payment of the fine amount within 10 days of being
notified of the fine. Where the City Engineer believes a request has merit, the City may
convene a hearing on the matter within 15 days after receiving the request from the user.
The City Engineer may add the costs of preparing administrative enforcement actions, such
as notices and orders to assess the fine. In the event the user's appeal is successful, the
payment, together with any interest accruing thereto, shall be returned to the user.
(D) Issuance of an administrative fine shall not bea bar against, or a prerequisite for, taking
any other action against the user.
13.52.040 Judicial Enforcement Remedies.
Any user who violates any order issued by the City Engineer for violation of provisions of this
sewer use ordinance regulating or prohibiting discharge of wastewater that causes or threatens to
cause a condition of contamination, pollution, or nuisance, as defined in Section 13.12.020 may
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be liable civilly in a sum not to exceed $25,000 for each day in which such violation occurs.
13.52.050 Injunctive Relief.
When the City Engineer finds that a user has violated, or continues to violate, any provision of
this sewer use ordinance; a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, or otherwise. causes or threatens to cause a condition of
contamination, pollution or nuisance, the City Engineer may seek the issuance of a temporary or
permanent injunction, as appropriate, to restrain or compel the specific performance ofthe
wastewater discharge permit, order, or other requirement imposed by this sewer use ordinance on
activities of the user. The City Engineer may also seek such other action as is appropriate for
legal and/or equitable relief, including a requirement for the user to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for,
taking any other action against a user.
13.52.060 Performance Bonds.
The City Engineer may decline to issue or reissue a wastewater discharge permit to any user who
has failed to comply with any provision of this sewer use ordinance, a previous wastewater
discharge permit, or order issued hereunder, or any other pretreatment standard or requirement,
unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value
determined by the City Engineer to be necessary to achieve consistent compliance.
13.52.070 Liability Insurance.
The City Engineer may decline to issue or reissue a wastewater discharge permit to any user who
has failed to comply with any provision of this sewer use ordinance, a previous wastewater
discharge permit, or order issued hereunder, or any other pretreatment standard or requirement,
unless the user first submits proof that it has obtained financial assurances sufficient to restore or
repair damage to the POTW and/or the City Sewerage System caused by its discharge.
13.52.080 Water Supply Severance.
Whenever a user has violated or continues to violate any provision of this sewer use ordinance, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or
requirement, potable water service to the user may be terminated. Service will only
recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
13.52.090 Public Nuisances.
A violation of any provision of this sewer use ordinance, a wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement is hereby declared a public
nuisance and shall be corrected or abated as directed by the City Engineer. Any person(s)
creating a public nuisance shall be subject to the provisions of the City Code governing such
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nuisances, including reimbursing the City for any costs incurred in removing, abating, or
remedying said nuisance.
13.52.100 Cost Reimbursement.
When the owner of premises fails to comply with an order to cease and desist the entrance of
surface or subsurface drainage water from his premises to the public sewer, the City Engineer
shall have the right to enter the premises and to block the flow of drainage water. T he costs of
blocking such flow shall become a lien upon the premises. Any entry upon private property shall
be in accordance with Section 13.52.135 of this ordinance.
(A) When the discharge of wastewater causes an obstruction, damage, or other impairment to
the City sewer system or treatment plant, the City Engineer may tabulate the expenses
incurred for the work required to clean or repair the facility and correct the treatment
process. Such expenses shall be reimbursed to the City by adding said expenses to the
user's billing for industrial service charges.
(B) All costs associated with the City's undertaking of enforcement actions pursuant to this
sewer use ordinance, including attorney's fees for civil or administrative actions
undertaken or any fines incurred, shall be paid by the user. These costs may include but
not be limited to the costs for termination of service, reinstitution of service, compliance
sampling and analysis, and administrative activities undertaken by the City. However, if
the user prevails in an appeal or a civil action taken to nullify an enforcement action
pursued by the City under this sewer use ordinance, the user shall not be responsible for the
costs incurred by the City in pursuing said enforcement action.
13.52.no Responding to Significant Noncompliance.
Any violation of pretreatment standards or requirements (limits, sampling, analysis, reporting,
and meeting compliance schedules and regulatory deadlines) is an instance of noncompliance for
which the Significant Industrial User is liable for enforcement, including penalties per this
ordinance. However, the City is required to identify violations or patterns of violations by SIUs
that are deemed to be instances of significant noncompliance (SNC). Additionally, the
determination of significant noncompliance shall be used as the basis for reporting the SNC to
the regulatory authorities and publishing of the list of industries in SNC as is required of the City
by Pretreatment Program Standards.
13.52.120
Publication of Users in Significant Non-Compliance.
The City Engineer shall publish annually in accordance with 40 CFR 403, in any paper of
general circulation that provides meaningful public notice within the jurisdiction served by the
POTW, a list of the users which, during the previous 12 months, were in significant
noncompliance (SNC) with applicable pretreatment standards and requirements. For the
purposes of this provision, a Significant Industrial User (or any Industrial User that violates
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paragraphs (C), (D), or (H) of this section) is in significant noncompliance if its violations meet
one or more of the following criteria:
(A) Chronic violations of wastewater discharge limits, defined here as those in which 66% or
more of wastewater measurements taken during a six 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% or more
of wastewater measurements taken for the same pollutant parameter during a six month
period equal or exceed the product of the daily maximum limit or the average limit
multiplied by the applicable TRC criteria (TRC=l.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 Engineer believes has caused, alone or in
combination with other discharges, interference or pass-through, including endangering the
health of POTW personnel or the general public;
(D) Any discharge of pollutants that has caused imminent endangerment to the public or to the
environment, or has resulted in the City Engineer'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 schedule milestone
contained in a wastewater discharge permit or enforcement order for starting construction,
completing construction, or attaining final compliance;
(F) Failure to provide within 45 days after the due date, any required reports, including
baseline monitoring reports, reports on compliance with categorical pretreatment standard
deadlines, periodic self-monitoring reports, and reports on compliance with compliance
schedules;
(G) Failure to accurately report noncompliance; or
(H) Any other violation(s) or group of violations, including a violation of Best Management
Practices, which the City Engineer determines will adversely affect the operation or
implementation ofthe local pretreatment program.
13.52.130 Compliance Schedules.
A Notice of Violation or Administrative Order may contain a compliance schedule. The
following conditions shall apply to the schedule.
(A) The schedule shall contain increments of progress or milestones in the form of dates for the
commencement and completion ofmajor events, including the construction and operation
of additional pretreatment required for the industrial user to meet the applicable
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pretreatment standards or City local limits.
(B) No increment referred to in paragraph (A) shall exceed nine months.
, .
(C) Not later than 14 days following each date in the schedule and the final date for
compliance, the industrial user shall submit a progress or milestone report to the City
Engineer including, at a minimum, whether or not it complied with the increment of
progress to be met on such date and, if not, the date on which it 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.
13.52.13S Search/Inspection Warrants.
(A) If the City Engineer has been refused access to a building, structure or property or any part
thereof, and if the City Engineer has probable cause to believe that there may be a violation
of City ordinance or that there is a need to inspect or sample as part of a routine
inspection/sampling program of the City designed to verify compliance with City
ordinance or any permit or order issued hereunder, or to protect the overall public health,
safety, and welfare of the community, then the City Engineer may seek issuance of a
search, seizure, or inspection warrant. In the event of an emergency that reasonably
appears to present or cause an imminent or substantial endangerment to the health or
welfare of persons, or if the user consents, inspections shall be made without the issuance
of a warrant.
(B) To the extent that the owner or possessor of the premises requires that a warrant be
received, the City may, in its discretion, suspend the permit and/or any other right to
discharge to sanitary facilities immediately, and such suspension may continue until such
time as a warrant has been received and the inspection has been completed. If no violation
ofthis sewer use ordinance or the permit, if applicable, is found, the suspension shall be
lifted. In the event that violations of this sewer use ordinance or the permit, if applicable,
are found, then the suspension may, at the discretion ofthe City, be continued or
terminated, or other enforcement remedies may be sought.
(C) The City may choose to inspect the facility to determine compliance with all standards as
set forth in this sewer use ordinance or permit if applicable, and additionally, such
inspections may be undertaken to verify the wastewater flows and strengths reported by the
discharger.
13.52.140 Emergency Suspensions of Discharge.
The City, Engineer may immediately suspend a user's discharge, after informal notice to the user,
whenever such suspension is necessary to stop an actual or threatened discharge that reasonably
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appears to present or cause an imminent or substantial endangerment to the health or welfare of
persons. The City Engineer may also immediately suspend a user's discharge, after notice and
opportunity to respond, that threatens to interfere with the operation of the POTW, or that
presents, or may present, an endangerment to the environment.
(A) Any user notified of a suspension of its discharge shall immediately stop or eliminate its
discharge. In the event of a user's failure to immediately comply voluntarily with the
suspension order, the City Engineer may 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. The City Engineer may
allow the user to recommence its discharge when the user has demonstrated to the
satisfaction of the City Engineer that the period of endangerment has passed, unless the
termination proceedings in Section 13 .52.150 are initiated against the user.
(B) A user that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement, describing the causes of the
harmful contribution and the measures taken to prevent any future occurrence, to the City
Engineer prior to the date of any show cause hearing.
(C) After reasonably attempting to informally notify the user, the City may take all necessary
steps to halt or prevent such discharge including, but not limited to, plugging or physically
disconnecting the user's access to the City sewer system.
(D) Nothing in this Section shall be interpreted as requiring a hearing prior to any emergency
suspension under this Section,
13.52.150 Wastewater Discharge Permit- Revocation/Termination of Service.
(A) Wastewater discharge permits may be revoked or users' service may be terminated when
any provision of this sewer use ordinance is violated or if a discharge of industrial waste
causes or threatens to cause a condition of contamination, pollution, or nuisance, as defined
in Chapters 13.08 through 13.52. This provision is in addition to other statutes, rules, or
regulations authorizing termination of service for delinquency in payment, or for any other
reason.
(B) Such users will be notified of the proposed termination of its discharge and be offered an
opportunity to ~how cause under Section 13.52.020.B. why the proposed action should not
be taken. Exercise of this option by the City Engineer shall not be a bar to, or a prerequisite
for, taking any other action against the user.
(C) Whenever a premises has been disconnected from the City sewerage system for a violation
of this sewer use ordinance, reconnection of said premises shall be per requirements as set
forth by the City Engineer.
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13.52.160 Upset.
(A) For the purposes of this Section, 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 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), below, are
met.
(C) A 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 user can identifythe cause(s) of the upset;
(2) The facility was, at the time, being operated in a prudent and competent manner and in
compliance with applicable operation and maintenance procedures; and
(3) The user has subn:~itted the following information to the City Engineer within 24 hours of
becoming aware ofthe upset if this information is provided orally, a written submission
must be provided within five days:
(a) A description of the indirect discharge and.cause of noncompliance; ,
(b) The period of noncompliance, including exact dates and times or, if not
corrected,.the an~icipated time the noncompliance is expected to continue; and
(c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of
the noncompliance.
(D) In any enforcement proceeding, the user seeking to establish the occurrence of an upset
shall have the burden of proof.
(E) 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) Users shall control production of all discharges to the extent necessary to maintain
compliance with categorical pretreatment standards upon reduction, loss, or failure of its
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.
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13.52.170 Bypass.
(A) For the purposes ofthis section,
(1) Bypass means the intentional diversion of wastestreams from any portion of a user's
treatment facility.
(2) Severe Property Damage means substantial physical damage to property, damage to the
treatment facilities that causes them to become inoperable, or substantial and permanent
loss of natural resources that 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) A user may allow any bypass to occur that does not cause pretreatment standards or
requirements to be violated, but only if it 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.
(1) If a user knows in advance of the need for a bypass, it shall submit written prior notice to
the City Engineer, at least 10 days before the date of the bypass, if possible.
(2) A user shall submit oral notice to the City Engineer of an unanticipated bypass that
exceeds applicable pretreatment standards within 24 hours from the time it becomes
aware of the bypass. A written submission shall also be provided within five days of the
. time the user becomes aware ofthe bypass. The written submission shall contain a
description of the bypass and its cause; 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 steps taken or planned to reduce, eliminate, and prevent recurrence of the
bypass. The City Engineer may waive the written report on a case-by-case basis ifthe
oral report has been received within 24 hours.
(C) Bypass is prohibited, and the City Engineer may take an enforcement action against a user
for a bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
(2) 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 conditionis not satisfied if adequate back-up equipment
should have been installed in the exercise of reasonable engineer judgment to prevent a
bypass that occurred during normal periods of equipment downtime or maintenallce; and
(3) The user submitted notices as required under paragraph (B) of this Section.
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(D) The City Engineer may approve an anticipated bypass, after considering its adverse effects,
if the City Engineer determines that it will meet the three conditions listed in paragraph (C)
of this Section.
13.52.180 Affirmative Defense.
A user shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the prohibitions set forth in Section 13.36.020 (excluding subsections
(B)(1), (2), and (8)) if it can prove that it did not know, or have reason to know, that its
discharge, alone or in conjunction with discharges from other sources, would cause pass-through
or interference and that either:
(A) A local limit exists for each pollutant discharged and the user was in compliance with each
limit directly prior to, and during, the pass-through or interference; or
. (B) No local limit exists, but the discharge did not change substantially in nature or
constituents from the 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.
13.52.190 Disputes-Request for Ruling.
If any user or applicant for a permit disputes the interpretation or application of this sewer use
ordinance, it may request a ruling by the City Engineer, who will set forth his or her
determinations on the request.
13.52.200 Appeals.
If the discharger or applicant for a permit is dissatisfied with the determinations so made by the
City Engineer, under Sections 13.48.080, 13.48.140, or 13.52.190, within thirty days after receipt
of said ruling by the City Engineer, he shall appeal said ruling by giving written notice of the
basis of his appeal to the City Manager. The City Manager shall, within thirty days after receipt
of said written notice of appeal, make a determination of the issue submitted. The determination
ofthe City Manager shall be final.
13.52.210 Fraud and False Statements.
Pursuant to the provisions of 18 U.S.C. 9.1001, relating to fraud and false statements, and the
provisions of Section 309(c)(2) of the Act governing false statements, representations, or
certification in reports required under the Act, any person who knowingly makes any false
statements, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained for this sewer use ordinance, a wastewater discharge
permit, or who falsifies or tampers with or knowingly renders inaccurate any monitoring device
or method required under this sewer use ordinance, shall, upon conviction, be punished by a fine
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of not more than $10,000 or imprisonment for not more than six months, or both.
13.52.220 Pretreatment Charges and Fees.
Subject to the limitations set forth in state law, the City may adopt reasonable fees for
reimbursement of costs of setting up and operating the City's pretreatment program that may
include:
(A) Fees for 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 a user's discharge, and reviewing monitoring reports submitted by
users;
(C) Fees for reviewing and responding to accidental discharge procedures and construction;
(D) Fees for filing appeals; and
(E) Other fees as the City may deem necessary to carry out the requirements contained herein.
(F) In the absence of specific fees, the City may recover actual time and materials costs plus a
7% administrative fee for reimbursement of costs of setting up and operating the City's
pretreatment program including but not limited to all actions listed in A, B, C and D
above."
SECTION 10. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act
("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines because it has no potential for
. resulting in physical change to the environment, directly or indirectly.
SECTION 11. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstances is for
any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction
or preempted by state legislation, such decision or legislation shall not affect the validity of the
remaining portions of this Ordinance~ The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause or phrase hereof not declared
invalid or unconstitutional without regard to any such decision or preemptive legislation.
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SECTION 12. EFFECTIVE DATE AND PUBLICATION
This ordinance shall be in full force and effective 30 days after its adoption. Before the expiration of
fifteen (15) days after its passage, this ordinance, or a summary thereof as provided in California
Government code Section 36933, shall be published at least once in a newspaper of general
circulation, published and circulated in the City of Rohnert Park, along with the names of the
members of the City Council voting for and against its passage.
This ordinance was introduced by the City Council of the City ofRohnert Park on February 8, 2011,
and adopted on February 22 ,2011, by the following roll call vote:
AYES: Five (5) Council Members Ahanotu, Callinan, Mackenzie, Stafford and
Mayor Belforte
NOES: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
CITY OF ROHNERT PARK
ATTEST:
~i~~2jU/j
. Ity Clerk . ,. ~
,.'
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