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PR~BLE AND DEFINITIONS
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SECTION 1. The Wastewater Facilities of the City of S~
Bernardino discharge treated effluent to the S~Ana River bed.
This effluent can affect the quality of stream flow in the River
and the quality of the receiving groundwaters.
Existing Federal and State laws and regulations establish
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limitations on the nature of all effluent discharged to waterways,
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to the surface, or underground.
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The California Regional Water Quality Control Board, Santa
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Ana Region, has established limitations on the concentration of
selected biological and chemical constituents of the effluent dis-
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17 charged by the City. Said limitations are set forth in Orders
18 duly adopted by the Board.
19 In order to comply with the requirements contained in those
20 Orders, the City must regulate the content of WAstes discharged
21 into its Public Sewers and/or Wastewater Treatment Facilities.
22 This Ordinance establishes requirements for discharges into the
23 Public Sewers and/or Wastewater Treatment Facilities of the City
24 in order to enable the City to comply with the administrative
25 provisions of the Clean Water Grant Regulations, the requirements
26 of the Board with regard to effluent limitations, national
27 standards of performance, and with other criteria required or
28 authorized by Federal or State legislation.
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SECTION 2. The Public Sewers and/or Wastewater Treatment
2 Facilities of the City require, from time to time, expansion of
3 the public sewer system. Where such expansion benefits only a
4 limited area, the cost of the expansion should properly be borne
5 by those properties or property owners directly benefiting. This
6 Ordinance contains the policy regarding payment for construction
7 of and acceptance of such expansion.
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SECTION 3. In order to ensure proper operation of the
9 Public Sewers and/or Wastewater Treatment Facilities, certain
10 pretreatment or equalization facilities for wastewater discharg-
11 ing to the Wastewater Facilities may be necessary. This Ordinance
12 contains regulations concerning these appurtenances.
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SECTION 4. This Ordinance provides for the setting of user
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charges and fees for the equitable distribution of all costs of
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financing, maintaining and operating the system and developing the
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I' necessary reserve funds to
These charges and fees are
ensure future operation of the system.
in accordance with good engineering and
18 fiscal practices and comply with all applicable governmental regu-
19 lations regarding the operation of the Public Sewers and/or Waste-
20 water Treatment Facilities of the City of San Bernardino.
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SECTION 5. Unless the context specifically indicates
22 otherwise, the meaning of the terms used in this Ordinance shall
23 be as follows:
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A. "Applicant" shall mean any person or corporate body
25 desiring to create a new or revised discharge of non-domestic
26 wastewater.
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B. "City" shall mean the City of San Bernardino acting
28 through its elected officials and authorized representative.
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I City
C. "Director" shall mean the Director of Public Works/
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Engineer of the City or his authorized representative or
3 deputy.
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D. "Domestic Wastewater" shall mean wastewater from
5 residences and wastewater from other premises resulting from per-
6 sonal use of water for washing or sanitary purposes.
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E. "Grease, oil and sand interceptor" shall mean an
8 approved detention chamber designed to remove grease, oil, and
9 sand from a source flow prior to discharge into the community
10 collection system.
F. "Manager" shall mean the General Manager of the City
12 of San Bernardino Water Department, or his authorized representa-
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13 tive, or any City officer who subsequently is empowered to assume
14 or succeed to the duties of said Manager.
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G. "Permittee" shall mean the holder of a valid permit.
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H. "Non-Domestic Wastewater" shall mean polluted waste-
17 water other than domestic wastewater.
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1. "Permit" shall mean that document permitting a user
19 to discharge non-domestic wastewater to the Public Sewers and/or
20 Wastewater Treatment Facilities.
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J. "Premises" shall mean a parcel of real estate includin
22 any improvement thereon which is determined by the Manager to be
23 a single user for purposes of receiving, using, and paying for
24 services.
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K. "Public Sewer" shall mean a common sewer or sewers tha
26 collect domestic or non-domestic wastewater for transport to the
27 treatment facilities including pumping stations in the Public
28 Sewer System. The term as herein used does not include storm
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drains or channels for conveyance of natural surface watets.
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L. "Superintendent" shall mean the Superintendent of the
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Wastewater Treatment Plant of the City, or his authorized repre-
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sentative, or any City officer who subsequently is empowered to
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assume or succeed to the duties of said Superintendent.
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M. "units II
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(1) "Private Dwelling units" shall mean a dwelling
8 unit intended for occupancy by a single family group. This shall
9 apply to all single residential premises and multiple residential
10 premises that are not required by City Ordinance to obtain a
11 commercial business license.
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(2) "All other units" shall mean all residential units
13 in apartment buildings or such other premises as may be required
14 by City ordinance to obtain a commercial business license and/or
15 a wastewater discharge permit required under special Restrictions
16 for Non-Domestic Wastewater - Section 12.
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N. "User" shall mean any person, his heirs, executors,
18 administrators, or assigns, and shall also include a firm, com-
19 pany, association, society, corporation, or group using the
20 Wastewater Facilities of the City.
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O. "Wastewater Facilities" shall mean the structures,
22 equipment, and processes required to treat domestic and non-
23 sanitary wastes and dispose of the effluent.
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P. "Water Supply" shall mean generally the supply of
25 public, potable water serving the area contributory to the City's
26 Public Sewers and/or Wastewater Treatment Facilities.
27 Definitions of all chemical, biological, and other
28 technical terms shall be the same as defined in the fourteenth
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,edition of Standard Methods for the Examination of Water and
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Wastewater, published by American Public Health Association,
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American Water Works Association and Water Pollution Control
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Federation.
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I GENERAL RESTRICTIONS
I SECTION 6. No Certificate of Occupancy shall be issued and
II no premises shall be occupied until the owner of said premises
has complied with all rules and regulations of this Ordinance.
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SECTION 7. The owner of any premises used for human
10 occupancy, employment, recreation, or other purposes situated
11 within the City and abutting on any street, alley, or easement in
12 which there is a public sewer, is hereby required to connect said
13 premises directly with the sewer, provided that said public
14 sewer is within two hundred feet of the nearest property line of
15 said premises. This section shall only be applicable to develop-
16 ments taking place after the adoption of this Ordinance.
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SECTION 8. Except as hereinafter provided, it shall be
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unlawful for any person to discharge or to cause to be discharged
into any public sewer or any opening leading to a public sewer
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of the City any of the following:
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(a) Earth, sand, gravel, rock, ashes, plaster, concrete,
22 glass, metal filings, metal or plastic objects, garbage, or any
23 other solid or semi-solid material in quantities or volumes
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24 sufficient to obstruct the flow of sewage in the sewer or sewer
25 pumping station.
(b) Any object in excess of 1 1/2 inches in length or
27 width which will cause clogging of a sewage or sludge pump or
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(c) Any compound which will produce noxious odor in the
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Public Sewers and/or Wastewater Treatment Facilities.
(d) Any volatile liquid or substance which can produce
4 a toxic or flammable atmosphere into Public Sewers and/or Waste-
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5 water Facilities.
(e) Any overflow from any septic tank or cesspool, or any
7 liquid or sludge pumped from a septic tank or cesspool, except at
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8 such place and in such manner as may be prescribed by the super-
9 intendent.
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(f) Any storm water, drainage runoff, excess irrigation
11 water, or other clear, unpolluted water other than domestic
12 wastewater.
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(g) Any liquid or vapor with a temperature of higher than
14 150 degrees Fahrenheit.
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(h) Any radioactive wastes in excess of Federal, state,
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County regulations.
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(i) Any material or quantity of material which will cause
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significant damage to any part of the Public Sewers or Wastewater
Treatment Facilities, .or will cause abnormal sulfide generation
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or abnormal maintenance or operation costs of any part of the
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Public Sewers or Wastewater Treatment Facilities.
(j) Any liquid with a pH less than 6.0.
(k) Toxic materials in excess of the following limits
24 based on 24 hour averages:
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Concentration
(in mg/liter)
.03
Constituent
Arsenic
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.15
.10
Cadmium
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Total Chromium
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Nickel
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Copper
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Cyanide (total)
Cyanide (free)
Lead
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Mercury
Essentially None
zinc
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Silver
Chlorinated Hydrocarbons
Essentially None
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Oil and Grease:
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Dispersed
.60
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Floatable
None Visible
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(1) Any hydrocarbons in excess of those limitations in
14 the Safe Water Drinking Act.
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(m) Any substance which will cause significant color
16 increase beyond natural background levels of the water supply.
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SECTION 9. No individual discharge of wastewater exceeding
18 fifty (50) gallons in anyone day shall be discharged to a public
19 sewer if the maximum increments of the constituents, over those
20 in the water supply, exceed the following limits:
Concentration
21 Constituent (in mg/liter)
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Total dissolved solids 300
Sodium 90
Chloride 90
Sulfate 60
Boron 1.0
Fluoride 1.5
Total Hardness 100
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SPECIAL RESTRICTIONS - WATER SOFTENING WASTES
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SECTION 10. It shall be unlawful to install, replace, or
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enlarge apparatus for softening all or any part of the water
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supply to any residential premises when such apparatus is an ion-
exchange softener or de~neralizer of the type that is regenerated
on the site of use.
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This section shall not apply to existing units nor to
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apparatus of the type which is regenerated off-site by a water
conditioning company.
This section shall not apply to any type of commercial or
industrial softening apparatus since these fall under the Special
Restrictions for Non-Domestic Wastewater, where they will be con-
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sidered on an individual basis.
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SECTION 11. A person installing or operating water treat-
15 ing apparatus of any kind shall make such apparatus accessible
16 to the Superintendent for inspection at all times and shall make
17 such reports relative to such apparatus as the Superintendent may
18 request.
19 SPECIAL RESTRICTIONS - NON-DOMESTIC WASTEWATER
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SECTION 12. Any person desiring to create a new or revised
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discharge of wastewater other than domestic wastewater into the
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Public Sewer and/or Wastewater Treatment Facilities shall obtain
23 a Wastewater Discharge Permit from the Superintendent. Permits
24 shall be issued by the Superintendent in accordance with the pro-
25 vision of this Ordinance and such regulations as may be establishe
26 from time to time by the Superintendent.
27 The Applicant shall submit an application on forms pro-
28 vided by the Superintendent presenting information as to the kind
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and amount of wastewater to be produced and discharged, plants
and pretreatment facilities, and any other pertinent information,
all as required by the Superintendent.
Within thirty days after its receipt, the Superintendent
shall act on the application. If the Superintendent finds that
the proposed discharge conforms to the requirements of this
Ordinance and other applicable laws and regulations of the City
and the State, and that sewer capacity is available, he shall
approve the application and issue a permit. The permit shall
state (1) the nature of the premises and the nature and the amount
of flow which the user proposes to discharge; (2) any conditions
that the Superintendent considers necessary; (3) those chemical
constituents to be analyzed and reported upon; and (4) in the
event that installation of pretreatment or other facilities are
deemed necessary, the permit shall specify the period of time
granted for the.installation of such pretreatment facilities. If
the Superintendent finds that the proposed discharge will not be
acceptable, he shall disapprove the application and shall so
notify the Applicant.
SECTION 13. If the Superintendent requires pretreatment
or equalization of waste flows, the design and installation of
the plants and equipment shall be subject to the requirements of
all applicable codes, resolutions, ordinances, and laWS. Such
plants and equipment shall be constructed at the Permittee's ex-
pense. Responsibility for design, installation, and operation
of such facilities shall be the full responsibility. of the
Permittee.
Grease, oil, and sand interceptors shall be required when,
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in the opinion of the Superintendent, they are necessary for the
proper handling of liquid wastes containing grease in excessive
amounts, or any flammable wastes, sand, or other harmful ingredi-
ents which can be removed readily by grease, oil, and sand inter-
ceptors. All such interceptors shall be of a type and capacity
approved by the Superintendent, and shall be located so as to be
readily and easily accessible for cleaning and inspection.
When required by the Superintendent, the Permittee shall
install a suitable control manhole, together with such meters and
other appurtenances necessary to facilitate observations, sampling
and measurement of the wastes. Such manhole shall be accessible
and safely located, and shall be constructed in accordance with
plans approved by the Superintendent and the Director. The man-
hole shall be installed by and at the Permittee's expense, and
shall be maintained by the Permittee so as to be safe and access-
ible at all times. If required, the Permittee shall monitor the
waste in accordance with a monitoring schedule established by the
Superintendent.
SECTION 14. If the Permittee wishes to make alterations
from the proposal contained in the original application and permit
he shall submit a new application to the Superintendent request-
ing approval of such changes. The Superintendent shall treat
the new application in the same manner as an original application,
but may, at his discretion, modify the existing permit rather
than issue a new permit.
SECTION 15. Any permit issued by the Superintendent shall
be predicated upon and subject to compliance with conditions
of the permit and the provisions of this Ordinance. It may
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be revoked by the Superintendent upon a minimum notice of three
days when it is determined by the Superintendent that the discharg
which the Permit approves is in violation of the provisions
of this Ordinance or any conditions or requirements established
in the permi t .
SECTION 16. Non-Domestic waste discharges existing at the
time of the adoption of this Ordinance must apply for and obtain
a discharge permit within ninety (90) days of the effective date
of this Ordinance.
CHARGES
SECTION 17. Any premises which are served by a connection
to the Public Sewers and/or Wastewater Treatment Facilities of the
City, or situated on real property adjoining an existing public
sewer and not connected thereto, shall be charged, and the user
thereof shall pay base charges as described in this Section.
(a) Private Dwelling Units shall be charged a fixed
monthly fee for each individual dwelling unit. Such fee shall be
established by resolution. The fee shall be adequate to realize
from the private residential users so charged an amount sufficient
to cover the share of costs of the sewerage facilities attribut-
able to this class of users. Said costs shall include all costs
of financing, maintaining and operating the system and developing
the necessary reserve funds to ensure operation of the system.
(b) Commercial Residential Units, Non-Domestic Users,
and all other users except Private Dwelling units shall be
charged on the basis of total water consumption for the comparable
water billing period. The rate for such charges shall be estab-
lished by resolution. The fees shall be adequate to realize from
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the class of users so charged an amount sufficient to cover the
share of costs of the sewerage facilities attributable to this
class of users. Said costs shall include all costs of financing,
maintaining and operating the system and developing the necessary
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reserve funds to ensure future operation of the system.
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trial premises discharging non-domestic wastewater shall be billed
on the basis of the amount of wastewater flow specified in the
8 Permit.) It is recognized that the amount of wastewater generat-
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9 ed by a given premises is normally less than the water consumed
10 by that premises. The charges provided for in this Ordinance are
11 based on the assumption that the percentage of wastewater produced
12 from water consumed is approximately the same for all users in-
13 cluded in a given billing category.
14 Premises discharging non-domestic wastewater shall also be
15 subject to excess strength surcharge as provided for in section
16 18, in addition to volume charges based on total water con sump-
17 tion.
(c) Notwithstanding the foregoing, the rates established
19 by Resolution No. 12392, adopted pursuant to Ordinance No. 2175,
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20 shall remain in effect for a period of ninety (90) days from the
21 date of the adoption of this Ordinance or until said resolution
22 is repealed, whichever period is the shorter.
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SECTION 18. Any premises discharging wastewater with a
24 strength of any constituent greater than the following itemization ,
25 shall pay an excess strength surcharge in conformance with
26 a schedule established by the Board of Water Commissioners. Exces
27 strength surcharge shall be made monthly. The rate for such
28 charges shall be established by resolution and shall be based on
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1 'the total excess pounds of constituent discharged during the
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Constituent
Concentration
in mg/liter
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B. O. D.
300
300
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Suspended Solids
Total Dissolved Solids
300 (above that
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(Filtrable Residue)
in water sup-
plied to pre-
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mises)
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SECTION 19. The point for determining quantity and
11 quality of discharge shall be at the point of discharge to the
12 public sewer or such other upstream sampling point as may be
13 mutually agreed upon by the discharger and the Superintendent.
14 Where certain wastes are critical, the Superintendent may specify
15 procedures for obtaining necessary samples and may require the
16 collection and submittal of such samples by the discharger.
17 PAYMENT
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SECTION 20. The charges herein fixed for any premises
19 shall be collected with the charges and rates for-water service
20 furnished to said premises, by the City, or other public water
21 purveying agency. The charges herein fixed shall be billed upon
22 the same bill as is prepared for charges for water service and
23 shall be due and payable monthly at the same time that such
24 charges for services are due and payable. The total amount due
25 for the charges herein fixed and for charges for water shall be
26 paid as a unit.
27 In the event any person fails to pay any charge herein
28 provided when the same becomes due, the City may, in addition to
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II any other remedies it may have, cut off water service or any
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:: of said services and facilities referred to in this Ordinance
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Pafter giving said person a seven (7) day notice thereof, and
shall not resume the same until all delinquent charges, together
with any charges necessitated by resumption of such services
and facilities have been fully paid.
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In the event the City or any other public water purveying
agency does not furnish water service to the premises, then the
charges herein fixed for such premises shall be due and payable
II monthly on the first day of each and every month, and shall be
I paid by the occupant, owner or person in charge of such premises.
i It shall be the duty of the Municipal Water Department to prepare
Ijand send separate monthly bills for all charges fixed for such
II premises.
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It shall be the duty of the Municipal Water Department of
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the City 'to collect all charges provided herein.
All funds and moneys received from the collection of
sewer service charges as herein established shall be deposited
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with the City Treasurer for deposit in the Sewer Funds.
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MISCELLANEOUS PROVISIONS
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SECTION 21. It shall be unlawful for any person to deposit
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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
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any storm drain in a public road or street, any material which
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would create a pollution or nuisance in any ground or surface
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waters.
SECTION 22. Brine wastes not permitted to be discharged
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by the provisions of this Ordinance, may be discharged into an
evaporation pond at the Wastewater Treatment Facilities, subject
to the approval of, and in a manner specified by the Board of
Water Commissioners. A fee established by the Superintendent
and approved by the Board of Water Commissioners shall be paid
by the discharger to the City for all brine wastes discharged
into the evaporation pond.
SECTION 23. Any discharges from premises in areas annexed
to the City subsequent to the enactment of this Ordinance shall
be considered new discharges.
SECTION 24. Wherever in this Ordinance time limits are
established or periods of compliance are specified, the commence-
ment date for computing such time limits for areas annexed to the
City subsequent to enactment of this Ordinance shall be the
official annexation date.
SECTION 25. All the provisions of this Ordinance are to
be reasonably interpreted. It is the intent herein to recognize
that there are varying degrees of accuracy possible when dealing
with wastewater flows and that the degree of accuracy employed
should be commensurate with the degree of hazard to the receiving
stream and to the public.
SECTION 26. Any person wishing to connect any premises to
the Public Sewers and/or Wastewater Treatment Facilities for pur-
poses of discharging domestic or non-domestic wastes to a public
sewer shall first obtain a Connection Permit. This Permit shall
be authorization to physically connect the premises to a public
sewer or to a lateral line connecting to a public sewer. The
Connection Permit is separate and distinct from a Discharge Per-
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'mit which must be obtained for a discharge of non-domestic waste
as outlined in section 12.
Connection Permits shall be issued by the Director in
accordance with regulations to be promulgated by him and applic-
able ordinances. Said regulations shall describe the conditions
of the Connection Permit, the type of construction required, and
the fees to be paid for the Connection Permit thereof.
Each premises shall be connected to the Public Sewers and/
or the Wastewater Treatment Facilities through a separate con-
nection. A separate Connection Permit shall be obtained for each
premises.
A condition of the Connection Permit shall require that
if, at any future date, the premises is abandoned, the connection
to the public sewer shall be adequately sealed to prevent flow
into the public sewer.
SECTION 27. Any person desiring to construct an extension
to any public sewer at his own expense shall do so in accordance
with applicable o~dinances and with regulations to be promulgated
by the Director and approved by the Mayor and Common Council.
In general, cost of such extensions shall be borne by the persons
desiring the extension and, where specified by the regu~ations,
other persons benefiting from the sewer extension.
The Director shall be authorized to enter into agreements
with persons desiring to construct sewer extensions for the re-
payment to the builder of portions of the cost of said extension
when other premises not owned or controlled by the builder are
connected to the system and pay an appropriate connection fee.
All such agreements shall be made pursuant to regulations
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promulgated by the Director and approved by the Mayor and Common
Council.
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SECTION 28. Any person, firm or corporation violating
4 any of the provisions of this Ordinance shall be deemed guilty of
5 a misdemeanor, and such person shall be deemed guilty of a separat
6 offense for each and every day or portion thereof during which any
7 violation of any of the provisions of this Ordinance is committed,
8 continued or permitted. Upon conviction of any such violation,
9 such person shall be punished by a fine of not more than five
10 hundred dollars ($500.00), or by imprisonment for not more than
11 six (6) months, or by both such fine and imprisonment.
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SECTION 29. The invalidity of any article, section,
13 clause, sentence, or provision of this Ordinance shall not affect
14 the validity of any other portion of this Ordinance.
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SECTION 30. This Ordinance is an urgency measure which
16 shall take effect and become operative upon its adoption and
17 approval. The facts constituting such urgency are that the City
18 has been charged by the California Regional Water Quality Control
19 Board, Santa Ana Region, with transmitting water of an un-
20 satisfactory quality downstream to other cities. The quality of
21 the water being transmitted from the City of San Bernardino must
22 be improved in order to protect the health and safety of inhabit-
23 ants of downstream users and the provisions of this Ordinance
24 will provide more stringent controls on the quality of the water
25 flowing from the City of San Bernardino.
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SECTION 31. Ordinance No. 3374 is hereby repealed.
27 I HEREBY CERTIFY that the foregoing ordinance was duly
28 adopted by the Mayor and Common Council of the City of San
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aA-< ~' " ,,~/hA./ meeting
day OV~1:A""/~ , 1977, by the
following
Bernardino at
thereof, held'
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on the >>p~
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vote, to wit:
'1 .~:.tk 4;1~1i ~
Counc~ men '<:?: .;; /. ..' ,,' "'5 ' .....;:::.
~ yL~~~L.-..w
L. (j/
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AYES:
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NAYS:
ABSENT:
C> T-"--4~clerk
~The foregoing ordinance is hereby approved ~~~ day
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of iUNr"~~/ , 1977.
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APP:~~ ~
/ / '(/'
// . '. U~
aaty At .ey
FiLED
Utt; L6\97/
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.}rIL_" GOFORTH, City Clerk
~77l1i~,o..u"
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