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HomeMy WebLinkAbout3693 1- , 1 2 3 4 5 6 PR~BLE AND DEFINITIONS 7 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 8 9 10 11 12 limitations on the nature of all effluent discharged to waterways, 13 to the surface, or underground. 14 The California Regional Water Quality Control Board, Santa 15 Ana Region, has established limitations on the concentration of selected biological and chemical constituents of the effluent dis- 16 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. I: ie 1 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. 8 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. 13 SECTION 4. This Ordinance provides for the setting of user 14 charges and fees for the equitable distribution of all costs of 15 financing, maintaining and operating the system and developing the 16 17 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. 21 SECTION 5. Unless the context specifically indicates 22 otherwise, the meaning of the terms used in this Ordinance shall 23 be as follows: 24 A. "Applicant" shall mean any person or corporate body 25 desiring to create a new or revised discharge of non-domestic 26 wastewater. 27 B. "City" shall mean the City of San Bernardino acting 28 through its elected officials and authorized representative. -2- " I- I i 1 I City C. "Director" shall mean the Director of Public Works/ 2 Engineer of the City or his authorized representative or 3 deputy. 4 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. 7 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- 11 13 tive, or any City officer who subsequently is empowered to assume 14 or succeed to the duties of said Manager. 15 G. "Permittee" shall mean the holder of a valid permit. 16 H. "Non-Domestic Wastewater" shall mean polluted waste- 17 water other than domestic wastewater. 18 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. 21 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. 25 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 -3- " j- ! 1 drains or channels for conveyance of natural surface watets. 2 L. "Superintendent" shall mean the Superintendent of the 3 Wastewater Treatment Plant of the City, or his authorized repre- 4 sentative, or any City officer who subsequently is empowered to 5 assume or succeed to the duties of said Superintendent. 6 M. "units II 7 (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. 12 (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. 17 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. 21 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. 24 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 -4- ,- 1 ,edition of Standard Methods for the Examination of Water and i 2 Wastewater, published by American Public Health Association, 3 American Water Works Association and Water Pollution Control 4 Federation. 5 6 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. 7 8 9 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. 17 SECTION 8. Except as hereinafter provided, it shall be 18 19 unlawful for any person to discharge or to cause to be discharged into any public sewer or any opening leading to a public sewer 20 of the City any of the following: 21 (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 " 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 26 28 interfere with the normal operation of the Treatment Plant. -5- !! 1 (c) Any compound which will produce noxious odor in the 2 " , i 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- 3 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 6 8 such place and in such manner as may be prescribed by the super- 9 intendent. 10 (f) Any storm water, drainage runoff, excess irrigation 11 water, or other clear, unpolluted water other than domestic 12 wastewater. 13 (g) Any liquid or vapor with a temperature of higher than 14 150 degrees Fahrenheit. 15 (h) Any radioactive wastes in excess of Federal, state, 16 County regulations. lor I (i) Any material or quantity of material which will cause 17 18 significant damage to any part of the Public Sewers or Wastewater Treatment Facilities, .or will cause abnormal sulfide generation 19 20 or abnormal maintenance or operation costs of any part of the 21 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: 22 23 25 26 Concentration (in mg/liter) .03 Constituent Arsenic 27 .15 .10 Cadmium 28 Total Chromium -6- r 1- 5 6 7 8 9 Nickel .15 .10 .02 .15 .12 1 Copper 2 3 Cyanide (total) Cyanide (free) Lead 4 Mercury Essentially None zinc .05 .25 Silver Chlorinated Hydrocarbons Essentially None 10 Oil and Grease: 11 Dispersed .60 12 Floatable None Visible 13 (1) Any hydrocarbons in excess of those limitations in 14 the Safe Water Drinking Act. 15 (m) Any substance which will cause significant color 16 increase beyond natural background levels of the water supply. 17 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) 22 27 Total dissolved solids 300 Sodium 90 Chloride 90 Sulfate 60 Boron 1.0 Fluoride 1.5 Total Hardness 100 23 24 25 26 28 -7- P i 1 SPECIAL RESTRICTIONS - WATER SOFTENING WASTES 2 SECTION 10. It shall be unlawful to install, replace, or 3 enlarge apparatus for softening all or any part of the water 4 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. 5 6 7 This section shall not apply to existing units nor to 8 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- 9 10 11 12 13 sidered on an individual basis. 14 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 20 SECTION 12. Any person desiring to create a new or revised 21 discharge of wastewater other than domestic wastewater into the 22 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 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ii 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, -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 n 23 ~ 25 26 27 28 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 -10- 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i: 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 -11- 1 i 1 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 2 3 4 5 reserve funds to ensure future operation of the system. (Indus- 6 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- 7 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, 18 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. 23 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 -12- 1- 1 'the total excess pounds of constituent discharged during the 2 billing period. 3 Constituent Concentration in mg/liter 4 B. O. D. 300 300 5 6 Suspended Solids Total Dissolved Solids 300 (above that 7 8 (Filtrable Residue) in water sup- plied to pre- 9 mises) 10 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 18 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 -13- 1 II any other remedies it may have, cut off water service or any Ii :: of said services and facilities referred to in this Ordinance " I' 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. 2 3 4 5 6 7 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. , 8 9 10 11 12 13 14 15 It shall be the duty of the Municipal Water Department of 16 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 17 18 19 with the City Treasurer for deposit in the Sewer Funds. 20 MISCELLANEOUS PROVISIONS 21 SECTION 21. It shall be unlawful for any person to deposit 22 23 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 24 any storm drain in a public road or street, any material which 25 would create a pollution or nuisance in any ground or surface 26 waters. SECTION 22. Brine wastes not permitted to be discharged 28 into the City Public Sewers and/or Wastewater Treatment Facilities 27 -14- 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 U 25 26 27 28 '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 -16- !! ~. ii 'I 1 promulgated by the Director and approved by the Mayor and Common Council. 2 3 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. 12 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. 15 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. 26 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 -17- I' . i ~ 1 aA-< ~' " ,,~/hA./ meeting day OV~1:A""/~ , 1977, by the following Bernardino at thereof, held' 2 on the >>p~ 3 vote, to wit: '1 .~:.tk 4;1~1i ~ Counc~ men '<:?: .;; /. ..' ,,' "'5 ' .....;:::. ~ yL~~~L.-..w L. (j/ ~:;~~ ~/ 4 AYES: 5 6 7 8 9 NAYS: ABSENT: C> T-"--4~clerk ~The foregoing ordinance is hereby approved ~~~ day . , of iUNr"~~/ , 1977. 10 11 12 13 14 APP:~~ ~ / / '(/' // . '. U~ aaty At .ey FiLED Utt; L6\97/ 15 16 17 18 .}rIL_" GOFORTH, City Clerk ~77l1i~,o..u" 19 20 21 22 23 24 25 26 27 28 -18-