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ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO RELATING TO THE
DISCHARGE OF WASTES INTO THE SEWERAGE SYSTEM OF SAID CITY: AND
3 REPEALING ORDINANCE NOS. 2278 AND 3034.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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CHAPTER 1
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Preamble and Definitions
SECTION 1. The sewerage system of the City of San
9 Bernardino, hereinafter called the "City", discharges treated
10 effluent into permeable soil structures. The chemical nature of
11 this effluent affects the quality of water flowing in the receivin
12 stream as well as the quality of underground waters in the water-
13 shed.
14 The Santa Ana Regional Water Quality Control Board of the
15 State of California has established limitations upon the chemical
16 content of sewage effluent discharged by the City. Said limitatio s
are reflected by resolutions duly adopted from time to time by the
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Santa Ana River Regional Water Quality Control Board: and
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The City must regulate the flow of certain wastes into its
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sewerage system.
SECTION 2. Unless the context specifically indicates
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otherwise, the meaning of the terms used in this Chapter shall be
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as follows:
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"County" shall mean that portion of the County of San
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Bernardino outside the corporate limits of the City using the
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facilities of the treatment plant of the City.
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"Person" shall mean any individual, firm, company,
association, society, corporation, or group, and includes the
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plural as well as the singular but shall not mean the City.
"Waste water treatment plant" shall mean the arrangement
of devices and structures used for treating sewage.
"Public sewer" shall mean any sewer located in or outside
of the City limits and maintained or regulated by agreement with
the City in which all owners of abutting property have equal
rights. The term as herein used does not include storm drains or
channels for conveyance of natural surface waters.
"Superintendent" shall mean the Superintendent of the
waste water treatment plant of the City, or his authorized
representative, or any City officer who subsequently is empowered
to assume or succeed to the duties of said Superintendent.
"City Engineer" shall mean the City Engineer of the City
or his authorized representative or deputy.
"Industrial Waste Water" shall mean the waste water
arising from or associated with an industrial operation. Such
operation shall be understood to include the following: pro-
duction or refining of petroleum; production, processing, packing
or canning of fruits, vegetables, meat or beverages; laundering
of clothes in public laundries, public self-service laundries,
or hospitals; production of fertilizer, keeping of livestock or
poultry, and operation of dairies, production or dyeing of
textiles; production of soap and other detergents or chemicals;
production and processing of plastic; cleaning of tanks, tank
cars or barrels; plating or processing of metals; processing or
reclamation of refuse; all kinds of similar manufacturing, pro-
cessing and servicing operations. "Operation" includes the
washing of equipment or spaces used in industrial operations.
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Industrial waste water does not include the following: waste
waters from the operation of restaurants, hotels, single or
multiple residences, places of retail business; vehicle service
facilities, wash racks and garages (See Chapter 3); regeneration
of water softening apparatus (See Chapter 4).
"Floatable oil and grease" shall mean the oil and grease
floating to the surface of a sample of water when it is retained
for one hour in a quiescent condition in a vessel with vertical
walls, filled to the depth of 30 centimeters.
"Floatable hydrocarbon oil" shall mean the amount of
hydrocarbon oil floating to the surface of a sample of the water
under the same condition as prescribed in the definition of
"floatable oil and grease".
"Water supply" shall mean generally the supply serving the
area tributary to the City's waste water treatment plant.
"Natural outlet" shall mean any outlet into a water course,
both ditch, lake, or any other body of surface or ground water.
"Water course" shall mean a channel in which a flow of
water occurs, either continuously or intermittently.
"Sanitary sewer" shall mean a sewer which carries sewage
and into which storm, surface, and ground waters are not
intentionally admitted.
"Combined sewer" shall mean a sewer receiving both surface
runoff and sewage.
"Storm sewer" or "storm drain" shall mean a sewer which
carries storm and surface waters and drainage, but not sewage.
"Garbage" shall mean solid wastes from the preparation,
cooking, and dispensing of food, and from the handling, storage,
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and sale of produce.
"Properly shredded garbage" shall mean the wastes from
the preparation, cooking, and dispensing of food that have been
shredded to such degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers,
with no particle greater than one quarter inch (1/4") in any
dimension.
"Building drain" shall mean that part of the lowest
horizontal piping of a drainage system which receives the dis-
charge from soil, waste, and other drainage pipes inside the
walls of the building and conveys it to the building sewer,
beginning 5 feet outside the inner face of the building wall.
"Building sewer" shall mean the extension from the build-
ing drain to the public sewer or other place of disposal.
"B.O.D." (denoting Biochemical Oxygen Demand) shall mean
the quantity of oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory procedure in 5 days at
20 degrees C., expressed in parts per million by weight.
"pH" shall mean the logarithm of the reciprocal of the
weight of hydrogen ions in grams per liter of solution.
"Suspended solids" shall mean solids that either float on
the surface of, or are in suspension in water, sewage, or other
liquids, and which are removable by laboratory filtering.
"Shall" is mand'atory; "May" is permissive.
"Sand and oil interceptor" shall mean an approved
structure designed to temporarily slow down or retain the sewage
from the premises immediately prior to discharge into the public
sewer to permit the separation of material deleterious to the
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operation of the sewage system and treatment plant.
CHAPTER 2
General Restrictions
SECTION 3. Except as hereinafter provided, it shall be
unlawful for any person to discharge or to cause to be discharged
into any public sewer or any opening leading to a public sewer of
the City any of the following:
(a) Any earth, sand, rocks, ashes, gravel, plaster, con-
crete, glass, metal filings, or metal or plastic objects,
garbage, or solid or semi-solid material in quantities or volume
which will obstruct the flow of sewage in the sewer or any
object which will cause clogging of a sewage pump or sewage
sludge pump, or interfers with the normal operation of the
treatment plant.
(b) Any compound which will produce noxious odor in the
sewer or treatment plant.
(c) Any volatile liquid or substance which can produce a
toxic or flammable atmosphere in the sewer.
(d) Any overflow from any septic tank or cesspool, or any
liquid or sludge pumped from a cesspool or septic tank, except
at such place and in such manner as may be prescribed by the
Superintendent.
(e) Any storm water or any runoff from any field, roof,
yard, driveway, or street.
(f) Any liquid or vapor which will cause the temperature
of the sewage in the City's receiving main to be higher than
140 degrees fahrenheit.
(g) Any radioactive wastes in excess of Federal, State
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or County regulations.
(h) Any material or quantity of material which will
cause significant damage to any part of the sewerage system or
abnormal sulfide generation or abnormal maintenance or operation
costs of any part of the sewerage system or become a nuisance or
menace to public health, or which will cause the City's waste
water treatment plant effluent to exceed the concentration limits
set by the Santa Ana Regional Water Quality Control Board, in
accordance with its Resolution, or such subsequent amendments
as shall be duly adopted from time to time by the Santa Ana
River Regional Water Quality Control Board.
SECTION 4. The Superintendent may authorize, subject to
the issuance of a permit and the payment of a sewer connection
fee to the Street Superintendent, the discharge of spring or
subsurface drainage water to a sanitary sewer when said water is
causing injury to person or property and there is no available
storm drain to receive the discharge of said water, provided that
the total yearly quantity of such water is less than 1/4 of 1% of
the combined quantities of all other yearly discharges into the
entire sewer system.
CHAPTER 3
Special Restrictions - Vehicle Servicing Facility
SECTION 5. Any facility maintained for the servicing or
repair of roadway machinery or industrial transportation equip-
ment shall install and maintain a sand and oil interceptor.
Waste waters from toilets shall not be allowed to pass through
this interceptor, but all waste waters arising from the servicing
and repair of vehicles shall pass through this interceptor
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before discharge to a public sewer of the City. If the vehicle
servicing facility does not include facilities for the washing
of more than one vehicle at a time, the interceptor shall have
an operation fluid capacity of not less than 6 cubic feet and an
accessible effective water surface not less than 4 square feet.
"Accessible effective water surface" is here understood to mean
a surface which is easily accessible for cleaning and which at
the same time will retain oil floating on the surface of water
passing through the trap under conditions of use. If the vehicle
servicing facility has facilities for washing or otherwise
cleaning more than one vehicle at a time, the interceptor shall
have an operating fluid capacity of at least l2 cubic feet and
an accessible effective water surface of at least 6 square feet,
and shall be as much larger than this as is necessary so that a
seven-day accumulation of sand and oil will not together fill
more than 25% of the fluid capacity. The interceptor shall be
designed so as to retain any oil and grease which will float and
any sand which will settle. It shall be watertight and
structurally sound and durable. It shall be easily accessible
for cleaning and also for inspection by the Superintendent.
SECTION 6. Any sand and oil interceptor legally and
properly installed at a vehicle servicing facility before the
effective date of this chapter shall be acceptable as an
alternative to the interceptor specified in Section 5, provided
such interceptor is effective in removing sand and oil and is so
designed and installed that it can be inspected and properly
maintained. If the Superintendent finds that a sand and oil
interceptor is incapable of retaining adequately the sand and oil
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in the waste water flow from a vehicle servicing facility, he
shall condemn such interceptor and declare that it does not meet
the requirements of the chapter.
SECTION 7. The City Engineer shall maintain a file
available for public use, of suitable designs of sand and oil
interceptors. This shall be for informational purposes.
Installation of a sand and oil interceptor of a design shown in
this file, or of any design meeting the size requirements set
forth in this chapter shall not impute any liability to the City
for the adequacy of the interceptor under actual conditions of
use. It shall not relieve the owner or proprietor of responsi-
bility for keeping sand and oil out of the sewer. If his inter-
ceptor is not adequate under the conditions of use, he shall
construct one which is effective in accomplishing the intended
purpose.
SECTION 8. The City's Chief Plumbing Inspector, Building
and Safety Department, shall not approve the plumbing of a
vehicle servicing or repairing facility if it does not have a
sand and oil interceptor meeting the requirements of this chapter
SECTION 9. The sand and oil interceptor of a vehicle
servicing facility shall be properly maintained. It shall be
cleaned as often as is necessary to assure that sand and oil do
not accumulate to impair the efficiency of the interceptor. When
an interceptor is cleaned, the accumulated sediment and floating
material shall be removed and legally disposed of otherwise than
to a sewer. An interceptor is not considered to be properly
maintained if for any reason it is not in good working condition.
It is not considered to be properly maintained if sand and oil
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accumulations total more than 25% of the operating fluid capacity.
The owner of any vehicle servicing facility, the lessee and sub-
lessee, if there be such, and any proprietor, operator or super-
intendent of such facility are individually and severally liable
for any failure of proper maintenance of such interceptor.
CHAPTER 4
Special Restrictions - Water Softening Wastes
SECTION 10. Subject to the following restrictions, it
shall be lawful for any person to install, replace, enlarge, use
or maintain apparatus for softening all or any part of the water
supply to his property. Such apparatus includes zeolite and
resinous ion-exchange softeners or demineralizers, and other like
devices.
RESTRICTIONS: No water conditioning equipment installed, replace,
enlarged, used or maintained (including establishments for
regeneration of water softening apparatus) may discharge its
wastes to the sewer if (1) the equipment utilizes in its re-
generation process more than 0.375 pounds of salt per kilograin
of hardness to be removed, or (2) the maximum capacity of such
equipment exceeds a rated continuous flow of 150 gallons per
minute peak rate, or (3) the equipment contains in excess of 15
cubic feet of minerals, or (4) the equipment is rated to remove
more than 240 kilograins of hardness per day at salt dosage of
0.25 pounds of salt per kilograin of hardness. Multiple units
installed to supply water to the same points of use shall be con-
sidered as a single apparatus for the purposes of this section.
No equipment so restricted nor any establishment for
regeneration of water softener apparatus shall discharge any of
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the sodium and chloride to the sewer which results from such
operations, except as hereinafter provided for in Chapter 6
Waivers.
SECTION 11. Any person desiring to install, enlarge,
replace, maintain or use any water treating apparatus controlled
by the restrictions in Section 10 shall submit to the Super-
intendent a letter describing the existing or intended installa-
tion or alteration and describing the arrangements which will
serve to prevent the improper discharge of the waste. Within
thirty (30) days the Superintendent shall reply, stating whether
or not the disposal arrangements are adequate to insure against
the addition of mineral salts to the sewage. No person shall
install, replace, enlarge, maintain or use a water treating
apparatus of a kind restricted in Section 10 unless he has a
letter from the Superintendent approving as satisfactory the
proposed arrangements for disposal of waste water. Such
apparatus may be operated only so long as the method of waste
water disposal is as approved by the Superintendent. Alterations
in the method of disposal may be made only after application to
the Superintendent and receipt of a letter of approval of design
criteria of water treating apparatus as in the first instance
from the Superintendent.
SECTION 12. A person installing or operating water treat-
ing apparatus of the kind restricted in Section 10 shall make
such apparatus accessible to the Superintendent for inspection,
and shall make such reports as the Superintendent may reasonably
request.
. . . . .
. . . . .
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CHAPTER 5
Special Restrictions - Industrial Waste Waters
SECTION 13. Any person desiring to discharge industrial
waste water into a public sewer in an amount exceeding 100
gallons in anyone day shall submit a letter to the Superintenden
presenting information as to the kind and amount of industrial
waste water produced and discharged by the industrial operations
producing the waste water, plans for any pre-treatment facilities
planned to prevent discharge of improper materials to the sewer,
and any other pertinent information necessary to control dis-
charge to the sewerage system as requested by the Superintendent.
Within thirty (30) days the Superintendent shall reply to this
letter. If the Superintendent finds (1) that the quality of
the waste water and the existing facilities or facility for
which the person furnishes a commitment to install within a
reasonable period for discharge to the sewer, conform to the
requirements of this and other ordinances of the City, (2) that
any existing or committed pre-treatment facilities are adequate,
and (3) that the sewer capacity is available, he shall reply
approving discharge of that waste water to the City. A letter
of approval shall state (1) the nature of the industry and the
nature and the amount of flow which the applicant may discharge
to the sewer, (2) any controls which the Superintendent finds
necessary in order that the sewerage system may serve its
intended purpose, (3) those chemical constituents to be
analyzed and reported upon, and (4) in the event that installa-
tion of pre-treatment or other facilities are deemed necessary,
the letter shall specify the period of time granted for the
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installation of pre-treatment or other facilities. If the
Superintendent finds that the proposed discharge will not be
lawful under this chapter or other applicable laws he shall so
notify the applicant, such notification to be within thirty (30)
days of the finding.
SECTION 14. If the discharger wishes to make alterations
of pre-treatment facilities or alterations of connections to the
sewer, or if he wishes to discharge additional waste or to dis-
charge wastes in excess of the amounts which have been approved
or wastes of a different nature, type, or substance not consis-
tent with the original letter of approval he shall submit to
the Superintendent a letter requesting approval of such altera-
tion. The Superintendent shall treat this in the same manner as
an original application under Section 13.
SECTION 15. The Superintendent may grant a reasonable
time limit for compliance herewith when circumstances indicate
that the discharger has acted in good faith and has made reason-
able efforts to obtain compliance through plan alterations,
changes in process or the design of the treatment or other
facilities commencing with his ownership of or responsibility
over the manufacturing firm or commercial establishment dis-
charging the industrial waste water.
SECTION 16. Except as hereinafter set forth, no
industrial waste shall be discharged to a public sewer unless
it conforms to the requirements set forth in this chapter for
all discharges to public sewers, and no industrial waste water
flow exceeding 100 gallons in anyone day shall be discharged
to a public sewer unless it conforms also to the requirements
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set forth in this section. Compliance with the requirements of
this section shall be based on the mean values obtained from
analysis of industrial waste samples representative of the
quality and quantity of discharge to the sewer at the point of
entry of industiral waste to the public sewer system or, if this
is not feasible, at other points up the stream of the individual
industrial waste discharge. All such samples shall be weighted
with the flow at the sampling point to furnish values weighted
with time and quantity for each required chemical constituent.
Wherever deemed practical by the Superintendent these
industrial waste water samples may be composited with regard to
time and quantity and the analysis made from such composite
samples.
The following constituent items (a) through (g) are those
for which the Santa Ana River Regional Water Quality Control
Board specifies limitations in terms of not exceeding the water
supply plus a given increment of the constituent. The increments
have been established in order to give industrial waste dis-
charges the benefit of the dilution of domestic waste discharges.
The content of such constituent items (a) through (g) shall not
exceed the standards established by the Santa Ana River Regional
Water Quality Control Board. (a) dissolved solids; (b) sodium-
ion; (c) chloride-ion; (d) sulphate S04; (e) boron-ion; (f)
fluoride-ion; (g) hardness expressed as calcium carbonate.
The following items (h) through (n) are those which
relate to the City's operation of its own sewers and sewage
treatment works. (h) the content of total oil and grease
shall at no time exceed 600 milligrams per liter; (i) the
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20 or as such values may be subsequently modified or revised by
21 said Board from time to time.
22 SECTION 18. The point of determining compliance with the
23 provisions of this chapter shall be at the point of discharge to
24 the public sewerage system or such other upstream sampling point
25 on the private lateral as mutually agreed upon by the industry
26 representative and the Superintendent. Where certain wastes are
27 critical the Superintend~nt may specify procedures for obtaining
28 necessary samples and the Superintendent may require that any
content of floatable oil and grease shall at no time exceed 100
milligrams per liter; (j) the content of floatable hydro-carbon
oil shall at no time exceed 100 milligrams per liter; (k) the
daily average suspended solids content shall not exceed 1000
milligrams per liter; (1) the daily average dissolved sulfide
content shall not exceed 0.1 milligrams per liter; (m) the pH
shall at no time be below 6; (n) the standard 5-day biochemical
oxygen demand shall at no time exceed 1000 milligrams per liter.
SECTION 17. Toxic constituents shall not exceed the
values prescribed by the Santa Ana Regional Water Quality Control
Board in its Resolution which currently are as follows:
Arsenic 0.10 mg/l
Barium 2.0 mg/l
Cadmium 0.02 mg/l
Cyanide 0.4 mg/l
Hexavalent Chromium 0.10 mg/l
Lead 0.10 mg/l
Selenium 0.02 mg/l
Silver 0.10 mg/l
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persons discharging industrial waste water through the sewer
install a measuring device and that samples be analyzed and
measurements of flows be taken and reported to the City, and
such sampling and measuring device shall be made accessible to
the Superintendent or his authorized representative.
SECTION 19. The letter of approval which shall be
predicated upon compliance with the provisions of Sections 16,
17 and 18 may be revoked by the Superintendent upon a minimum
notice of three (3) days when it is found that the discharge
which the letter approves is in fact in violation of the pro-
visions of this chapter.
SECTION 20. Nothing in this chapter shall be construed
as lessening the applicability of other requirements of this
chapter.
CHAPTER 6
waivers
SECTION 21. If any discharge to a public sewer contains
or may contain constituents which will cause it to fail to con-
form to any of the requirements set forth hereinbefore in
chapters 4 and 5, but the Superintendent finds that (1) the
discharge will not cause harm to the sewerage system nor
unreasonably or inequitably burden the operation of the system
and (2) when considered together with similar excesses in this
discharges of others limited and controlled by Chapters 4 and
5, will not materially affect the ability of the City to meet
the requirements of the Santa Ana Regional Water Quality Control
Board on the City's sewage effluent discharge, he shall grant
approval for a discharge to the sewer with waiver or modificatio
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of the requirement which would not be met. Establishments
restricted in this discharge of sodium and chloride under Section
10 herein, shall be permitted by the Superintendent to discharge
up to 30% by weight of the regenerating chemicals to the sewer.
To make use of this provision the establishment or firm
must provide the Superintendent with monthly notarized records
of the weight of all regeneration chemicals purchased and the
weight of all such chemicals used in regeneration, and the
Superintendent must be satisfied that controls are so established
that discharge of the chemicals to the sewer will be limited as
provided above. In his letter of approval he shall include a
statement regarding the requirement that is waived with reasons
as to why the waiver is reasonable. A copy of this letter shall
be filed with the City Clerk. Any waiver granted pursuant to
this section shall be subject to withdrawal at any time the
Superintendent makes a subsequent finding that the City sewerage
system is burdened or the ability of the City to meet the Santa
Ana Regional Water Quality Control Board requirements is
materially affected.
SECTION 22. Those discharging toxic constituents as
itemized in Section 17 will not be held in violation of that
section of this ordinance as long as the sewage treatment plant
effluent does not exceed these requirements unless damage is
caused to the sewerage system by the discharge of such con-
stituents.
CHAPTER 7
General provisions
SECTION 23. It shall be unlawful for any person to dis-
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charge or cause to be discharged into any storm drain or storm
water channel or natural water course, whether currently carry-
ing water or not, or into any pipe or waterway leading to such
drain, channel or water course, any solid or fluid material
which will impair the useful functioning of such drain, channel,
or water course, or which will cause expense to the City, or
other public agency, in maintaining the proper functioning of
same, or which will cause public nuisance or public hazard or
which will cause detrimental pOlution of natural surface or
subsurface waters.
SECTION 24. It shall be unlawful for any person to
deposit or discharge or cause to be deposited into any sump
which is not impermeable or into any pit or well, or onto the
ground, or into any storm drain or water course any material
which by seeping underground or by being leached or by reacting
with the soil is detrimental to the usable underground waters
and exceeds the range of the effects of ordinary nonindustrial
land uses on underground waters into which such wastes may seep,
or which will violate any requirements of the Santa Ana Regional
Water Quality Control Board.
SECTION 25. Any wastes not permitted to be discharged
into the City sewerage system by the provisions of this
ordinance, may be discharged into an evaporative pond at the
Sewage Treatment .Plant, subject to the approval of and in a
manner specified by the Superintendent, in compliance with any
and all conditions contained in Resolution 70-9 adopted by the
California Regional Water Quality Control Board, Santa Ana
Region, on March 20, 1970 and amendments thereto. A fee of
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$.01 per gallon shall be paid by the discharger to the City of
San Bernardino for all wastes discharged into such evaporative
pond.
All wastes, not allowed to be discharged into the City
sewerage system, which are disposed of at a location other than
the evaporative pond at the Sewage Treatment Plant shall be
described in a certified report which shall be filed with the
Superintendent each and every month. This report shall be
certified by a registered engineer or graduate chemist or shall
be verified under penalty of perjury and shall state the place
of disposal, the quantity of wastes and the concentration of
wastes. The disposal of such wastes at a location other than
the evaporative pond at the Sewage Treatment Plant shall also
be subject to the approval and requirements of the California
Regional Water Quality Control Board, Santa Ana Region.
SECTION 26. Wherever in this chapter time limits are
established or periods of compliance or extensions thereof are
specified, the commencement date for computing such periods of
time limits for areas annexed to the City subsequent to enact-
ment of this chapter shall be the official annexation date.
This section shall have no application to firms or industries
established subsequent to the annexation date.
SECTION 27. All the provisions of this ordinance are
to be reasonably interpreted. It is the intent herein to
recognize that there are varying degrees of hazard to the under-
ground waters and to apply the principle that the degree of
protection should be commensurate with the degree of hazard.
SECTION 28. Any person, firm or corporation violating
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any of the provisions of this ordinance shall be guilty of a
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misdemeanor, and upon conviction thereof shall be punishable by
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a fine of not more than three hundred dollars ($300.00) or by
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imprisonment for a period of not more than three (3) months, or
5 by both such fine and imprisonment. Each such person, firm or
6 corporation shall be deemed guilty of a separate offense for
7 every day during any portion of which any violation of any pro-
8 visions of this chapter is committed, continued or permitted by
9 such person, firm or corporation, and shall be punishable
10 thereof as provided by this section.
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SECTION 29. The invalidity of any article, section,
12 clause, sentence, or provision of this ordinance shall not affect
13 the validity of any other part which can be given without such
14 invalid part or parts.
IS
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SECTION 30. Ordinance Nos. 2278 and 3034 are hereby
repealed.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at ~ ~,(J././A-71L-L/ A.P;1.....~meeting thereof,
held on the;;;? H dl; of (7~' 1973, by the following
vote to wit:
AYES:
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Councilmen (f
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NAYS:
ABSENT: ;'1'
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of
I 1973.
is hereby approved this ,;:t/?:r/
day
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4 San Bernard~no
The foregoing ordinance
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5 Approved as to form:
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City Atl~rney
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