Chapter 13.40
SEWER SYSTEM*
Article I. General Provisions
13.40.010 Definitions.
13.40.020 Compliance.
13.40.030 Multiple public sewer mains.
13.40.040 Connection maintenance.
13.40.050 Appeal.
Article II. Permit for Connection
13.40.060 Required.
13.40.070 Application.
13.40.080 Requirements affecting property served by sewers in Verdugo Canyon.
13.40.090 Fees-When applicant's property has borne public sewer cost.
13.40.100 Fees-When applicant's property has not borne public sewer cost.
13.40.110 Fees-When public sewer main was in place prior to January 1, 1942.
13.40.120 Fees-When public sewer main was not in place prior to January 1, 1942.
13.40.130 Fees-Sewer facilities charge.
13.40.133 Sewer facilities charge deposit.
13.40.135 Deposit adjustments.
13.40.137 Procedure for refund of deposit.
13.40.140 Fees-Sewer facilities charge-Subdivisions.
13.40.150 Fees-Sewer facilities charge-Lot splits.
13.40.155 Process and fees for permitting certain properties outside the boundaries of the city to connect to the city's sewer system where said connection is not covered by a joint powers agreement.
13.40.160 Fees-Sewer facilities charge-When applicant's property has borne a nominal assessment for public sewer cost.
13.40.170 Fees-When applicant's property is not in close proximity to public sewer.
13.40.180 Fees-Additional inspections.
13.40.190 Excavation fees applicable to additional connections.
13.40.200 Fees-Refunds.
13.40.210 Fees-All property under same ownership or control subject to connection fee.
13.40.220 Fees-Exception.
13.40.240 Fees-Collection and deposit.
Article III. Use of Sewers
13.40.250 Placing of certain materials prohibited.
13.40.260 Ground garbage meeting council requirements permitted.
Article IV. Sewage Disposal
in Verdugo Canyon
13.40.280 Private cesspool, open vault or privy prohibited.
13.40.290 Private cesspool, open vault or privy prohibited in watershed.
Article V. Industrial Waste Disposal
13.40.300 Definition.
13.40.310 Criteria.
13.40.320 Permit-Where required.
13.40.330 Permit-Conditions imposed.
13.40.340 Permit fee.
13.40.350 Monitoring facilities.
13.40.360 Measurement and sampling.
13.40.370 Monitoring and sampling-Prenotification.
13.40.380 Disputes.
13.40.390 Liability for costs arising from unlawful discharge.
13.40.400 Enforcement.
13.40.410 Inspections on private property.
Article VI. Sewer Use Charge
13.40.420 Liability.
13.40.430 Industrial groups.
13.40.440 Exceptions.
13.40.450 Charges.
13.40.460 Billing.
13.40.470 Water districts.
13.40.480 Civil debt.
13.40.490 Fund created.
* For charter provisions as to authority of city to acquire and maintain works for the disposition of sewage, see Charter, Art. III, º 1, subsection 11.
Article I. General Provisions
13.40.010 Definitions.
Unless otherwise expressly stated or the context clearly indicates a different intention the following terms shall, for the purpose of this chapter, have the meanings indicated in this section:
"Assessment" means and includes a levy of a special assessment which is shown on the records of the director of public works as including a fair and proportionate share of the cost of the sewer main. The trunk line sewer charge established by this chapter shall not be construed as an assessment.
"House connection" means that part of any sewer extending from the sewer main in a public street or right-of-way to private property for the exclusive use of such property.
Land Use Designations. The land use designations whenever used in this chapter have the same meanings ascribed to zones set forth in Title 30 of this code.
"Private property" means any parcel of property lying within the corporate limits of the city, not belonging to the city, and shown as a separate lot or parcel on maps filed in either the county recorder's office or the county clerk's office, or on resubdivisions authorized as provided elsewhere in this code, or on resubdivisions completed prior to March 26, 1936.
"Real property tributary to the city sewerage system" means and includes all private property within the corporate limits of the city as such limits now exist or may hereafter be altered, except such property as is or may hereafter be directly served by a sewer line of the city of Los Angeles. (Prior code º 25-1)
13.40.020 Compliance.
Every connection made between private property and any public sewer main in the city shall be made in the manner and with such materials as are required by the specifications of the city for public sewers in the city, except that cast-iron pipe six inches in internal diameter may be used; provided, that the same is laid in accordance with such specifications and Title 15 of this code, relating to plumbing. (Prior code º 25-2)
13.40.030 Multiple public sewer mains.
If, by the terms of this chapter, there is no fee required to connect such private property to a public sewer main, or, if such fee is required by this chapter and has been paid, the director of public works may allow such private property to be connected to any available public sewer main designated by the director of public works, in the event there is more than one public sewer main available to the private property. (Prior code º 25-3)
13.40.040 Connection maintenance.
All house connections, including the wye or saddle at the sewer main, shall be maintained at the expense of the property owner. (Prior code º 25-4)
13.40.050 Appeal.
Any person aggrieved by any act or determination of the director of public works under the provisions of this chapter may appeal to the council within the time and in the manner provided in Chapter 2.88. (Prior code º 25-5)
Article II. Permit for Connection
13.40.060 Required.
No person shall connect any private property with any public sewer system in or belonging to the city or to any sewer system, excepting those of the city of Los Angeles or Burbank, which flows into the city sewer system without first procuring a permit to make such connection. (Prior code º 25-6)
13.40.070 Application.
Any person desiring to obtain a permit required by Section 13.40.060 shall make application for such permit and pay the fees provided for in this chapter to the director of public works. (Prior code º 25-7)
13.40.080 Requirements affecting property served by sewers in Verdugo Canyon.
A. No territory in any area annexed to the city after July 1, 1949, shall be permitted to connect to the city's sewer system if the sewage flow will pass through the existing outfall or trunk sewers in the Verdugo Canyon unless the director of public works certifies that in his or her opinion such connection will not have the effect of requiring construction of additional outfall or trunk sewers in the Verdugo Canyon within a period of ten years after such connection.
B. Until such time as additional outfall or trunk sewers are constructed in Verdugo Canyon, no person occupying property in such annexed area which has been permitted to connect to the city's sewer system shall discharge or cause to be discharged into such sewer system on any one day a volume of sewage exceeding by more than fifty percent the average daily sewage flow per house connection in the city during the preceding fiscal year, as shown on records in the office of the director of public works unless the director finds that the quantity and time of discharge will be adjusted to avoid increasing the peak flows in the Verdugo Canyon trunk sewers. (Prior code º 25-8)
13.40.090 Fees-When applicant's property has borne public sewer cost.
If private property which is sought to be connected with a public sewer main has actually been assessed to pay for the cost and expenses of the construction of such public sewer main, or, if such public sewer main has been constructed for the use of this property and other private property by private contract by the owner of the private property, or his or her assignor, at no expense to the city, either partially or wholly, from its general funds or from money derived from a bond issue authorized by an election, the director of public works shall issue a permit upon the payment of the fees now or hereafter required for making an excavation in public streets. Provided, however, that nothing contained in this section shall exempt or except the owner of such property from payment of a sewer facilities charge provided for elsewhere in this chapter. (Prior code º 25-9)
13.40.100 Fees-When applicant's property has not borne public sewer cost.
If the private property which is sought to be connected to a public sewer main has not been assessed for the construction of a public sewer main in front of or alongside such property with which it is desired to connect such private property, or, if the public sewer main has been constructed by private contract by persons other than the owners of the property or their assignors, or, if the costs and expenses for the construction of such public sewer main shall have been paid wholly or partially by the city either from its general fund or from moneys derived from a bond issue authorized by an election, the director of public works shall issue a permit to connect such private property to the public sewer main upon the payment of the fees now or hereafter required for making an excavation in public streets, and the further payment of the fees required by Sections 13.40.110 and 13.40.120, whichever is applicable. (Prior code º 25-10)
13.40.110 Fees-When public sewer main was in place prior to January 1, 1942.
Where a public sewer main to which private property described in Section 13.40.100 is sought to be connected was in place on or before January 1, 1942, a fifty-dollar fee shall be collected for private property having an area of five thousand square feet or less, and a fee of fifty dollars shall be collected for an area of five thousand square feet, plus fifty cents per one hundred square feet or fraction thereof for all area in excess of five thousand square feet of such property sought to be connected to the public sewer main. (Prior code º 25-11)
13.40.120 Fees-When public sewer main was not in place prior to January 1, 1942.
When the public sewer main to which private property described in Section 13.40.100 is sought to be connected was not in place on or before January 1, 1942, a fee shall be collected, which fee shall be the portion of the total cost of such public sewer main, including all house connections deemed necessary by the director of public works to serve property adjacent to the sewer main, determined according to the ratio of the area of the private property so sought to be connected to the entire area of all property which can be connected to and which can be benefitted by the public sewer main, or in cases where the substantial portion of the property is unbuildable in the determination of the director of public works connection fees may be based on the ratio of benefits. Each benefit shall represent one usable building site as determined by the director of public works, and such total cost and such entire area shall be as estimated and as determined by the director of public works; provided, that such total cost shall not include any amounts furnished by any county, state or federal government unemployment relief agency; and, further provided, that no fee for any private property shall be less than fifty dollars, except fees for private properties that have previously been only nominally assessed for sewer mains, as provided in Section 13.40.130. (Prior code º 25-12)
13.40.130 Fees-Sewer facilities charge.
A. Whenever the owner of real property tributary to the city sewerage system makes application for connection to a sanitary sewer, such owner shall pay in addition to all other fees and charges established by this chapter, a sewer facilities charge, which shall be charged in accordance with a sewer facilities charge schedule, compiled by the director of public works, approved by the city manager and on file in the office of the permit services administrator.
B. Whenever such charge to be paid in accordance with the sewer facilities charge schedule is to be based on gpm (gallons per minute) the applicant, prior to issuance of a permit by the city to connect to the city sewerage system, shall submit calculations of the projected design discharge flow to the superintendent of building for his or her approval upon which a projected sewer facilities charge shall be calculated. Such charge will be reviewed no earlier than one year after the issuance of the permit to connect to the city sewerage system, upon which time an additional sewer facilities charge shall be charged, providing the superintendent of building determines that the original projected design discharge flow is less than the actual discharge.
C. Whenever a lot which has heretofore been connected to a sewer is disconnected therefrom for the purpose of changing the use thereof to a greater use permitted in the zone in which it is located and which increased land use may entail a use of the sewerage system greater than that for which the original permit was issued, a permit based on the new use shall be required and the applicant therefor shall pay a fee in accordance with the new expanded use as set forth in the sewer facilities charge schedule minus any formerly paid sewer connection charge. (Prior code º 25-12.1)
13.40.133 Sewer facilities charge deposit.
At the time of filing an application for connection to a sanitary sewer, each applicant shall pay a deposit to the director of public works, in an amount equal to the estimated sewer facilities charge in effect at the time. Such deposit shall be applied to the sewer facilities charge at the time of connection to a sanitary sewer. (Ord. 5072 º 1, 1994: prior code º 25-12.1.1)
13.40.135 Deposit adjustments.
In case the actual sewer facilities charge at the time of connection to a sanitary sewer is less than the amount estimated and deposited, as provided in the preceding section, the director of public works shall return to the permittee the amount of the unused balance of such deposit pursuant to the procedure set forth in Section 13.40.137. In case the actual sewer facilities charge is more than the amount estimated, the director of public works shall collect the unpaid portion of the sewer facilities charge from the permittee who shall pay same. (Ord. 5072 º 2, 1994: prior code º 25-12.1.2)
13.40.137 Procedure for refund of deposit.
Notwithstanding Section 4.08.010 of this code, whenever the director of public works determines either (A) a sewer connection will not be commenced after the period of time in which the applicable building permit would have been effective; or (B) a sewer facilities charge deposit amount exceeds the actual sewer facilities charge at the time of connection to a sanitary sewer, the director of public works shall return such deposit or portion thereof to the depositor after deducting ten percent thereof not to exceed twenty dollars to cover administrative costs. (Ord. 5072 º 3, 1994: prior code º 25-12.1.3)
13.40.140 Fees-Sewer facilities charge-Subdivisions.
Whenever real property tributary to the city sewerage system is included within the borders of a new tract map of a subdivision, sewers, if not existing, shall be constructed within or adjacent to the tract to serve each lot, and as a condition of the approval of the tentative map of each tract and prior to the recording of each such tract map, in addition to all other applicable fees and charges, an amount equal to the estimated sewer facilities charge, shall be deposited pursuant to this chapter. (Ord. 5072 º 4, 1994: prior code º 25-12.2)
13.40.150 Fees-Sewer facilities charge-Lot splits.
A. Whenever real property tributary to the city sewerage system is split into two or more lots, the applicant shall deposit as a condition to the approval of the lot split and in addition to all other applicable fees and charges, an amount equal to the estimated sewer facilities charge as established pursuant to this chapter.
B. Whenever a lot is split and a fee is deposited therefor as provided above, and prior to the improvement of the lot created, a new application for a further split of the lot so created is filed, the applicant shall as a condition of the approval of the lot split and in addition to all other fees and charges, deposit an amount equal to the estimated sewer facilities charge as provided in the above-mentioned schedule and calculated in accordance with the use thereof to be made as specified in the application. The payment of such charges shall not entitle the applicant to a greater use of the sewer than that for which application was made and if at the time a building permit is applied for a greater use of the land is shown by such application to be intended, a charge which shall represent the difference between that deposited for the permitted use and charge for the use intended shall be deposited as a condition precedent to the issuance of the building permit. (Ord. 5072 º 5, 1994: prior code º 25-12.3)
13.40.155 Process and fees for permitting certain properties outside the boundaries of the city to connect to the city's sewer system where said connection is not covered by a joint powers agreement.
A. Whenever the owner of real property which is tributary by natural flow to Glendale's sewer system and lying specifically within that area of the city of La Canada Flintridge bounded on the west by the westerly boundary of said La Canada Flintridge and on the east by the centerline of La Tour Way and on the north by Interstate Highway No. 210 (commonly known as the Foothill Freeway) and on the south by Verdugo Boulevard, desires to connect said property to Glendale's sewer system and said property lies outside the jurisdictional boundaries of Glendale, which city or district has not purchased discharge and conveyance capacity interests in Glendale's sewer system as evidenced by a joint powers agreement, said owner (applicant) shall make application with Glendale for a permit to connect said property to the Glendale sewer system in accordance with all the provisions of this chapter relating to sewers and sewage, including and in accordance with all applicable federal, state and local laws. Acceptance of said application is subject to the approval of the director of public works.
B. Upon acceptance of the application by said director, the applicant shall cause the legislative body of the jurisdiction in which said property is located, to provide either by motion, resolution or ordinance, formal authorization for said property to connect to Glendale's sewer system. Said authorization shall include a specific provision directing the water distribution authority, which provides water to said property, to provide to Glendale on a bimonthly basis, the water use records of said property for Glendale's purpose of determining sewer use charges.
C. The applicant shall pay for and obtain all applicable permits to connect said property to Glendale's sewer system and shall pay all fees and charges as set forth in this chapter as if said property was located within the boundaries of the city of Glendale.
In addition to the connection fees and charges required under this chapter and all other applicable fees and charges as set forth in this code, the applicant shall also pay a capital improvement cost adjustment charge (the "adjustment charge"). Said adjustment charge shall be based upon a proportionate share of the capital improvement costs for the Hyperion Wastewater Treatment and Disposal System, including all applicable capital improvement costs (e.g., said Hyperion System's outfall sewers, the Los Angeles Glendale Water Reclamation Plant and related systems costs) that have been billed to Glendale since Glendale's adoption of its latest sewer facilities charge schedule. Said proportionate share shall be determined by calculating a ratio between Glendale's wastewater discharge capacity interests in said Hyperion System and said property's estimated wastewater discharge to Glendale's sewer system in relation to said capital improvement costs billed Glendale since the adoption of the latest sewer facilities charge schedule.
In the event of a direct conflict between the capital improvement cost charges imposed by this section and any other capital improvement cost charge imposed by other provisions of this code or other agreement (except a joint powers agreement) the capital improvement cost charge herein shall prevail.
D. Failure by the applicant, the owner of the property either current or subsequent, or any owner's assignees to comply with the provisions of this chapter or the specific provisions of this section, including but not limited to the failure of a water distribution authority to provide bimonthly water use records, will subject said property, upon notice by the city and opportunity for the applicant or owner or owner's assigns to be heard, to disconnection from Glendale's sewer system. In the event of disconnection, said applicant, owner or owner's assigns (as the case may be) shall be responsible for all costs incurred by Glendale for said disconnection, and shall further continue to be liable for any and all other outstanding costs and charges owed to Glendale. (Ord. 5070 º 1, 1994: prior code º 25-12.4)
13.40.160 Fees-Sewer facilities charge-When applicant's property has borne a nominal assessment for public sewer cost.
If the property sought to be connected to a public sewer main has been assessed only a portion of the amount which it should have been assessed for its benefit from the main comparable to amounts levied upon other properties in the district assessed for the main, then the fee specified in the Sections 13.40.140 and 13.40.150 shall be modified and reduced by subtracting from such fee the amount of the nominal assessment against such property, as shown on the records of the director of public works. (Prior code º 25-13)
13.40.170 Fees-When applicant's property is not in close proximity to public sewer.
If the public sewer main is not in place in front of or alongside the private property which it is desired to connect to a sewer, or, if such private property is not clearly intended to be served by an existing public sewer main in close proximity to the property, then a fee, computed on the same basis as set forth in Section 13.40.110, regardless of the date of the construction of the main, shall be paid before the director of public works shall issue a permit to connect such property to any available public mains. (Prior code º 25-14)
13.40.180 Fees-Additional inspections.
When any person shall have violated or failed to comply with any of the requirements of this chapter, or when, through any such violation or failure to comply by any person doing the work, it is necessary to make extra inspections of the work, there shall be charged such person a fee of one dollar for each such extra inspection made necessary on account of such violation or failure to comply. (Prior code º 25-15)
13.40.190 Excavation fees applicable to additional connections.
No additional fees, except fees for making excavations in public streets, shall be collected for additional connections to private property; provided, that the original fee, if any, prescribed in this chapter, has been paid for the property thus sought to be connected. (Prior code º 25-16)
13.40.200 Fees-Refunds.
If a public sewer main, including all house connections deemed necessary by the director of public works to serve property adjacent to the sewer main, is or has been installed after January 1, 1942, by private contract or otherwise, by certain owners of property, at no expense to the city, or, if the cost and expenses of such main are shared by the city and certain owners of property, with or without the additional aid of some governmental unemployment work relief agency, and then if other owners who have not, either themselves or their assignors, contributed toward the cost of such public sewer main, desire to connect to it, the director of public works shall collect the fees set forth in Sections 13.40.110 and 13.40.120, and shall authorize the refunding of such fees which are collected within ten years from the date of the installation of the main to the owners who contributed toward the cost of the construction of the main; provided, such owners file a written application, together with the necessary supporting affidavits within six months after the completion of the main, setting forth the properties for which they are contributing and also the total cost to them, and other necessary information; otherwise, such fees shall revert to the general fund of the city; provided further, that the total amount of such fees turned over to the owners shall not exceed the total amount contributed by the owners toward that portion of the cost of the public sewer main, including all house connections deemed necessary by the director of public works to serve property adjacent to the sewer main, which serves property not owned by them; the total amount to be as estimated and as verified by the director of public works. (Prior code º 25-17)
13.40.210 Fees-All property under same ownership or control subject to connection fee.
In connecting private property to a public sewer main, the fees described in this chapter shall be paid on all of the contiguous property under the same ownership or control which is being put to a joint use thereof or clearly intended to be used jointly or in any way connected with the property desired to be connected, regardless of lot lines or property division lines. (Prior code º 25-18)
13.40.220 Fees-Exception.
No sewer connection fee shall be charged for connecting to the sewer main located in Chevy Chase Drive from Cascadia Drive to Golf Club Drive or to the sewer main located in the first alley northeasterly of Glenoaks Boulevard and running northwesterly from Glendale Avenue to the Verdugo Wash, such sewer mains having been heretofore constructed under agreements providing that no sewer connection fee would be required. (Prior code º 25-19)
13.40.240 Fees-Collection and deposit.
All fees provided for in this chapter shall be collected by the director of public works, who shall issue proper receipts therefor. The director of public works shall pay over to the city treasurer all money so collected by the director of public works on the day such money is collected. (Prior code º 25-21)
Article III. Use of Sewers
13.40.250 Placing of certain materials prohibited.
A. Except as provided in Section 13.40.260, no person shall place, throw or deposit, or cause or permit to be placed, thrown or deposited in any public sewer, drain, catchbasin, water closet, privy, vault or cesspool, any dead animal, offal or garbage, or place, throw, deposit or discharge, or cause or permit to be placed, thrown, deposited or discharged in any public sewer, drain or catchbasin, any fish, fruit or vegetable waste or any other solid matter or material of any kind whatsoever, of such a nature or in such quantities as will, or will be likely to clog or obstruct any such public sewer, drain or catchbasin, or which will or will be likely to interfere with or prevent the effective or efficient use of the operation of any of the same.
B. No person shall cause or permit to be deposited or discharged into any public sewer, drain or catchbasin, water or sewage, or liquid waste of any kind, containing chemicals, greases, oil, tar or other matter or material which would by reason of precipitation or settlement of such matter or materials be likely to clog or obstruct any of the same, or which by reason thereof will be likely to interfere with or prevent the effective or efficient use of any of same, or which will be likely to necessitate or require frequent repair, cleaning out or flushing of any such sewer, drain or catchbasin. (Prior code º 25-22)
13.40.260 Ground garbage meeting council requirements permitted.
Garbage resulting from the preparation of any food or drink prepared on premises where same are served or proposed to be served for consumption, properly ground to such fineness and by such methods as may be from time to time approved by the council by resolution, may be discharged into a public sewer by such methods as may be from time to time approved by the council by resolution. (Prior code º 25-23)
Article IV. Sewage Disposal
in Verdugo Canyon
13.40.280 Private cesspool, open vault or privy prohibited.
No person shall erect, construct, excavate, maintain or cause to be erected, constructed, excavated or maintained, any cesspool, open vault or privy within that part of the city lying in Verdugo Canyon, and more particularly described as follows:
Beginning at a point where the northwesterly line of Verdugo Canyon Road is intersected by the westerly line of Canada Boulevard; thence in a general northerly direction along the northwesterly and westerly line of Verdugo Canyon Road to an intersection with the easterly prolongation of the southerly line of the 47.95 acre tract of the Teodora Verdugo Allotment in the Rancho San Rafael, as per map of same recorded in Book 78, Pages 61 and 62, Miscellaneous Records of Los Angeles County, California; thence due north to an intersection with the northerly boundary line of the city; thence westerly along the northerly boundary line 3200 feet; thence southerly in a direct line to a point 150 feet west from the west line of Bonita Drive; thence southerly parallel with Bonita Drive to the southerly line of Bena Way; thence easterly along the southerly line of Bena Way to a point thereon distant 300 feet west of the west line of Niodrara Drive; thence southerly parallel with the westerly line of Canada Boulevard to an intersection with the westerly line of Canada Boulevard to an intersection with the northwesterly line of Verdugo Canyon Road, thence northerly along the northerly line of Verdugo Canyon Road to the point of beginning.
(Prior code º 25-25)
13.40.290 Private cesspool, open vault or privy prohibited in watershed.
No person shall erect, construct, excavate or maintain any cesspool, open vault or privy within that part of the city lying within the watershed of Verdugo Canyon, more particularly described as follows:
Beginning at a point where the northwesterly line of Verdugo Canyon Road is intersected by the westerly line of Canada Boulevard; thence due east to the easterly boundary line of the city; thence in a general northerly direction following the general easterly boundary line of the city to the north boundary line thereof; thence westerly along the north boundary line of the city to the westerly line of the Teodora Verdugo and Catalina Verdugo 2629 Acre Allotment, as per District Court Case Number 1621, Records of Los Angeles County, California; thence southerly along the westerly line 8400 feet; thence southeasterly in a direct line to the point of beginning, without a special permit from the council.
(Prior code º 25-26)
Article V. Industrial Waste Disposal
13.40.300 Definition.
For the purpose of this article, "industrial waste" means and includes any and all substances or liquids discharged into the sanitary sewer or storm drain system other than storm runoff water, residential sewage, or wastes from sanitary conveniences only. (Prior code º 25-27)
13.40.310 Criteria.
The following criteria are established to govern the discharge of industrial waste to the sanitary sewer and storm drain system.
A. Policy. It is the policy of the city to assure that the highest and best use of the sanitary sewer is for the collection, treatment and disposal of domestic wastewater, and that the highest and best use of the storm drain system is for the collection and disposal of stormwater. The use of either of these systems for industrial wastewater is a privilege which is subject to the requirement of this section.
B. Regulations.
1. Discharge Prohibitions.
a. Except as expressly allowed in an industrial wastewater permit, no person shall discharge, permit the discharge, cause the discharge or contribute to the discharge of the following to the sanitary sewer, the storm drain systems or waters of the state:
i. Gasoline, mercury, total identifiable chlorinated hydrocarbons, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, dromates, carbides, hydrides, solvents, pesticides or jet fuel;
ii. Any liquids, solids or gases which by reason of their nature or quantity are flammable, reactive, explosive, corrosive or radioactive, or by interaction with other materials could result in fire, explosion or injury;
iii. Any solid or viscous materials which could cause obstruction to the flow or operation of the sanitary sewer or the storm drain system;
iv. Any toxic pollutants in sufficient quantity to injure or interfere with any wastewater treatment process, including private pretreatment systems, to constitute a hazard or cause injury to human, animal, plant or fish life, or to exceed any limitation set forth in this section;
v. Any noxious or malodorous liquids, gases or solids in sufficient quantity either singly or by interaction with other materials to create a public nuisance, hazard to life, or to prevent entry of any person to the sanitary sewer or the storm drain system;
vi. Any material of sufficient quantity to interfere with any sanitary sewer treatment plant process or to render any product thereof unsuitable for reclamation and reuse;
vii. Any material in sufficient quantity to cause the sanitary sewer to be in noncompliance with sludge use or disposal criteria, guidelines or regulations in connection with Section 405 of the Clean Water Act, the Federal Water Pollution Control Act of 1972, 33 U.S.C. 1251, et seq.; the Clean Air Act, 42 U.S.C. 7401, et seq.; the Toxic Substances Control Act, 15 U.S.C. 2601, et seq., or state criteria applicable to the sludge management method being used;
viii. Any material which will cause the sanitary sewer to violate its National Pollutant Discharge Elimination System Permit, applicable federal or state statutes, rules or regulations;
ix. Any wastewater containing pigment which is not removed in the ordinary sanitary sewer treatment process and which creates a visual contrast with the material appearance of the sanitary sewer discharge observable at the point of sanitary sewer discharge; provided, that in no event shall any wastewater containing pigment be discharged to either the storm drain system or to waters of the state;
x. Any wastewater having a heat content in such quantities that the temperature of the wastewater at the introduction into any sanitary sewer treatment plant exceeds forty degrees centigrade (one hundred four degrees Fahrenheit); provided, that in no event shall any wastewater having a temperature in excess of 37.8 degrees centigrade (one hundred degrees Fahrenheit) be discharged to the storm drain system or to waters of the state;
xi. Any pollutants, including oxygen demanding pollutants, released at a flow rate or pollutant concentration which will cause or contribute to interference. "Interference" is defined as a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal;
xii. Any stormwater collected and discharged to the sanitary sewer except as specifically authorized by the fire chief;
xiii. Single pass cooling water in excess of two hundred gallons per day discharged to the sanitary sewer. However, the blowdown or bleedoff from cooling towers or other evaporative coolers may be accepted in the sanitary sewer;
xiv. Any wastewater which constitutes a hazard or may cause injury to human, animal, plant or fish life may create a public nuisance;
xv. Portions of the human or animal anatomy;
xvi. Floatable material which is readily removable.
b. Except as expressly allowed in an industrial waste permit, no person shall discharge, permit the discharge, cause the discharge or contribute to the discharge to the sanitary sewer, the storm drain system, or the waters of the state any material of sufficient quantity which, by interaction with other materials, interferes with the sanitary sewer treatment plant process or renders any product thereof unsuitable for reclamation and reuse, causes the sanitary sewer to be in noncompliance as that term is used with respect to provisions listed in subsection (B)(1)(a)(vii) of this section, or which constitutes a hazard to or which may cause injury to human, animal, plant or fish life.
2. Specific Pollutant Limitations.
a. No person shall introduce wastewater to the sanitary sewer that exceeds the following limitations:
i. Individual requirements on wastewater characteristics shall be established for each discharge after an evaluation of the proposed discharge. All discharges shall meet the following general requirements:
Arsenic 3 mg/l
Cadmium 15 mg/l
Copper 15 mg/l
Cyanide (Total) 10 mg/l
Cyanide (Free) 2 mg/l
Dissolved Sulfides .1 mg/l
Lead 5 mg/l
Nickel 12 mg/l
pH range 5.5-11
Silver 5 mg/l
Chromium 10 mg/l
Zinc 25 mg/l
Dispersed oil and
grease (Total) 600 mg/l
Floatable oil and
grease None visible
Temperature 40?C (104?F)
Chlorinated
Hydrocarbons Essentially none
ii. The above limitations shall not apply where more restrictive limitations are imposed by permit or National Categorical Pretreatment Standards.
b. Radioactive Wastes. No person shall discharge radioactive wastes to the sanitary sewer system.
c. Infectious Wastes. No person shall discharge infectious waste to the sanitary sewer system.
d. Food market refuse, food plant wastes and other organic wastes may not be ground and discharged to the sanitary sewer system.
e. Disposable hypodermic needles, syringes and associated articles following their use in hospitals, outpatient clinics, medical and dental offices, etc., may not be ground and discharged to the sanitary sewer system.
3. Septic Tanks, Seepage Pits and Cesspools Connections (Private Sewage Disposal Systems). No commercial or industrial facility shall discharge wastewater to a private sewage disposal system.
4. National Categorical Pretreatment Standards. Upon the promulgation of mandatory National Categorical Pretreatment Standards for any industrial subcategory, the National Categorical Pretreatment Standards, if more restrictive than limitations imposed under this section, shall apply. The fire chief may impose a phased compliance schedule to ensure that affected industries meet the National Categorical Pretreatment Standards. Failure to meet the phased compliance schedule may result in permit revocation. Those dischargers subject to National Categorical Pretreatment Standards shall comply with all reporting requirements in accordance with the General Pretreatment Regulations for Existing and New Sources of Pollution (Title 40, Code of Federal Regulations, Part 403).
5. Dilution. No discharger shall use any water to dilute any pollutant to achieve compliance with the discharge limitations contained in this section.
6. Containment of Uncontrolled Discharges. Upon written notification by the fire chief, dischargers shall provide spill containment for uncontrolled discharges of prohibited material or other substances regulated by this section. Facilities to contain spills shall be provided and maintained at the discharger's own cost and expense. Dischargers so notified shall provide detailed spill containment plans, including facilities and operating procedures to the fire chief for review. Such plans shall be in accordance with Article 80, Section 8003.1.7.4 of the 1994 Uniform Fire Code and approved by the fire chief before beginning construction. Construction shall be completed within the time period designated by the fire chief. Review and approval of spill containment plans and operating procedures shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this section.
7. Notification of Uncontrolled Discharges.
a. In the event of an uncontrolled discharge, the discharger shall immediately notify the fire department of the incident by telephone. The notification shall include location of discharge, type of material, concentration and volume and corrective actions taken.
b. Within ten days following the uncontrolled discharge, the discharger shall submit to the fire chief a detailed written report describing the cause of the discharge, corrective action taken, and measures to be taken to prevent future occurrences. Such notification shall not relieve the discharger of liability or fines incurred as a result of this uncontrolled discharge.
8. Notice to Employees-Notification to Fire Department of Uncontrolled Discharge. A legible, understandable and conspicuously placed notice shall be permanently posted on the discharger's bulletin board or other prominent place advising employees to call the fire department in the event of an uncontrolled discharge, as soon as possible or within one hour of the discharge, and to provide at least the information listed below. In the event a substantial number of the discharger's employees use a language other than English as a primary language, the notice shall be worded in both English and the language or languages involved. The notice shall identify the following as the minimum necessary information which is to be provided to the fire chief.
a. Time, location, type, concentration and volume of the discharge;
b. Corrective Action Taken. Employers shall ensure that all employees in a position to cause or allow an uncontrolled discharge to occur are advised of this notification procedure. (Ord. 5105 º 1, 1996: prior code º 25-28)
13.40.320 Permit-Where required.
A. Application. No person shall discharge any industrial waste into the sanitary sewer or storm drain system without obtaining an industrial waste permit from the fire chief in the case of discharge to the sanitary sewer, and from the California Water Quality Control Board in the case of discharge to the storm drain system.
B. A separate permit shall be required for each point of discharge to the sanitary sewer, the storm drain system, and to the waters of the state. In connection therewith, the applicant may be required to furnish the following:
1. The name and address of the applicant;
2. The name and address of the discharger;
3. The address or location of the premises where the discharge will take place;
4. The Standard Industrial Classification (SIC) of the discharger;
5. Information with respect to constituents and characteristics of wastewater proposed to be discharged including, but not limited to, those referred to in Section 13.40.310. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Federal Water Pollution Act of 1972 and contained in 40 Code Federal Regulation, Part 136, as amended, and by laboratories certified by the state of California. In the absence of a state certification process, the fire chief may certify a laboratory to perform necessary sampling and analysis;
6. Time and duration of the proposed discharge or discharges;
7. Average daily and five-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
8. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and storm drains, connections and appurtenances by their size, location and elevation;
9. Description of activities, facilities and plant processes on the applicant's premises, including all pollutants which could be discharged;
10. Detailed plans showing pretreatment facilities, sampling facilities, uncontrolled discharge containment facilities, and operating procedures;
11. Identification of the nature and concentration of any pollutant located at the premises of the discharger (and/or applicant if different) if that pollutant is prohibited from discharge under Section 13.40.310(B)(1), or any proposed discharge which is regulated as provided in Section 13.40.310(B)(2) plus a statement specifying whether the specific limitations set forth in such Section 13.40.310(B)(2) are being met, and if not, what additional operation and maintenance or pretreatment is proposed by the discharger to cause compliance;
12. The shortest time schedule by which the discharger will provide the necessary additional pretreatment, if additional pretreatment or operation and maintenance will be required to meet the regulations in Section 13.40.310B. Any completion date in such a proposed schedule shall not be later than the compliance date established by the applicable regulation.
a. The schedule shall provide for reporting increments progress in the form of dates for commencement and completion of major events leading to the construction and operation of additional pretreatment necessary for the discharger to meet the applicable regulation (e.g., hiring an engineer, completing preliminary and final plans, executing contract for major components, commencing construction, completing construction).
b. After permit issuance, progress reports shall be submitted subject to the same limitations set forth in Section 13.40.360(A)(7) except that time limits specified pursuant to this section for reporting, commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to meet the applicable regulations may be extended by mutual consent of the discharger and the fire chief and provided, however, that in no event shall any such date be extended beyond the compliance date established by the applicable regulation;
13. Each product of the discharger by type, amount and rate of production;
14. Type and amount of raw materials processed by the discharger (average and maximum per day);
15. Number of employees, hours of operation of plant, and hours of operation of the proposed pretreatment system;
16. Copies of any current city business license, National Pollutant Discharge Elimination System permit, South Coast Air Quality Management District permit, Regional Water Quality Control Board permit and State Department of Health Services permit for the subject premises;
17. The name, business address and motor vehicle driver's license number of the authorized representative;
18. Any other information deemed by the fire chief to be necessary to evaluate the permit application.
C. The application shall be signed under penalty of perjury by the authorized representative of the discharger. After evaluation and acceptance of the data furnished, the fire chief may issue an industrial wastewater permit and may impose terms and conditions pursuant to Section 13.40.330. Granting of the permit shall not relieve the discharger from the responsibility for compliance with all provisions of this section. By acceptance of a permit the applicant thereby delegates authority to the fire chief to enter the premises of the applicant as necessary for purposes of inspection and maintenance with respect to the wastewater discharge therefrom.
D. Exemptions. An industrial wastewater permit is not required for the following discharges or dischargers to the sanitary sewer:
1. Food service facility without cooling equipment or limited discharge as in subsection (D)(3) of this section;
2. Bleedoff or blowdown from cooling towers, evaporation condensers or other recirculation water devices with rated capacity of twenty-five tons or less;
3. Discharges from establishments wherein the industrial wastewater discharge is less than two hundred gallons per day (gpd) and pretreatment is not required. (Ord. 5105 º 2, 1996: prior code º 25-29)
13.40.330 Permit-Conditions imposed.
A. Conditions. Industrial wastewater permits shall be subject to all provisions of this code, all other applicable statutes, rules and regulations, and fees and charges established by the city. The fire chief shall have authority to impose permit conditions including but not limited to the following:
1. Limits on the average and maximum wastewater constituents and characteristics;
2. Limits on average and maximum rate and time of discharge;
3. Limits regarding the discharge of specific pollutants;
4. Requirements for installation and maintenance of inspection and sampling facilities and uncontrolled discharge containment facilities;
5. Requirements, which may include specific sampling locations, frequency of sampling, times of sampling, number types, test standards and reporting schedules, for monitoring programs;
6. Compliance schedules;
7. Requirements for submission of technical or discharge reports;
8. Requirements for maintaining and affording city access to plant records relating to discharges;
9. Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents;
10. Requirements for notification of slug discharges;
11. Industries producing a discharge with a fluctuating pH shall install a continuous pH monitor and alarm system to alert the discharger of any discharge with a pH higher than eleven or lower than five and five-tenths. The discharger shall maintain the records of monitoring system, incidents of discharge contrary to the permissible limits, and corrective and preventive measures implemented. These records shall be available for inspection by authorized city representatives at all times;
12. Other conditions deemed appropriate by the fire chief to ensure compliance with this section.
B. Change of Ownership or Location. An industrial wastewater permit shall not be transferable, either from one location to another, or from one person to another. For purposes of this division, statutory mergers or name changes shall not constitute a transfer or a change in ownership. Following change of ownership, and upon application for a new industrial waste permit, an interim permit may be issued by the fire chief for a period of no more than one hundred eighty days pending the issuance of such new permit.
C. Delayed Commencement of Discharge. All permitted discharges must commence within one hundred eighty days from the effective date of the permit or the permit is deemed void.
D. Change of Wastewater Characteristics. No wastewater discharge shall be commenced in which there has been a change of characteristics which causes it to be different from that expressly allowed under the permit issued, without notification to and approval by the fire chief. Upon such notification, the fire chief may require that a new application be filed and new permit obtained before any wastewater discharge involving the changed characteristics takes place. (Ord. 5105 º 3, 1996: prior code º 25-29.1)
13.40.340 Permit fee.
A. Permit Application Fee. Every person applying for an industrial waste permit under this chapter shall pay a nonrefundable permit fee, upon application, renewable every three years, pursuant to a schedule of fees for the disposal of industrial waste to be established or modified by resolution of the city council. The schedule of fees shall remain on file and be available in the office of the fire chief. Every existing industrial waste permit issued prior to the effective date of the ordinance codified in this section shall be renewed according to the following schedule and every three years thereafter:
Permit Numbers Renewal Date
1 to 2490 January 1, 1991
2491 to 2543 January 1, 1992
2544 and higher January 1, 1993
B. Permit Inspection and Sampling Fee. Every person issued an industrial waste permit shall be subject to a nonrefundable annual permit inspection and sampling fee pursuant to a schedule of fees for the disposal of industrial waste to be established or modified by resolution of the city council. The schedule of fees shall remain on file and be available in the office of the fire chief. Every person to whom an existing industrial waste permit has been issued prior to the effective date of the ordinance codified in this section shall pay such permit inspection and sampling fee within thirty days from the effective date of the ordinance codified in this section and on July 1st of every successive year thereafter. (Ord. 5105 º 4, 1996: prior code º 25-29.2)
13.40.350 Monitoring facilities.
The fire chief may require to be provided, operated and maintained at the discharger's expense, separate and secured monitoring facilities to allow inspection, sampling and flow measurement of the discharge. The monitoring facilities ordinarily shall be situated on the discharger's premises and in such event the fire chief shall be granted total and unrestricted access thereto and use thereof by the discharger as a condition of the discharger's permit; however, the fire chief may allow monitoring facilities to be constructed off-premises. (Ord. 5105 º 5, 1996: prior code º 25-30)
13.40.360 Measurement and sampling.
A. Fire chief may require an industrial waste permittee to provide periodic measurements of flow, suspended solids, biochemical oxygen demand, and other appropriate waste characteristics. The fire chief shall determine the number of twenty-four-hour measurements and samples required. Continuous monitoring may be required where large fluctuations in loading values occur, or where wastes appear to have characteristics which may damage the receiving system.
B. Designated permittees whose discharge from their facility amounts to fifteen thousand or more gallons per day and containing any of the following: arsenic, cadmium, chromium, copper, lead, mercury, nickel, zinc, silver, cyanide, phenol or any other toxic constituents of interest to the fire chief shall submit quarterly reports in accordance with Table 13.40.360.
C. Designated permittees whose total sewage discharge from their facility or complex amounts to fifty thousand or more gallons per day shall submit quarterly self-monitoring reports in accordance with Table 13.40.360.
Table 13.40.360
Report Due Date
Monitoring Period (not later than)
January 1st-March 1st April 15th
April 1st-June 30th July 15th
July 1st-September 30th October 15th
October 1st-December 31st January 15th
D. Adoption of New City Specific Pollutant Limitations. Within one hundred eighty days after promulgation of new city specific pollutant limitations and notification thereof by the fire chief to specific dischargers affected thereby, a discharger subject to such limitations shall submit to the fire chief a report containing:
1. The name and address of the discharger;
2. The address or location of the premises where the discharge does or will take place;
3. The nature, average production rate, and standard industrial classification of the operations carried out by the discharger;
4. The average and maximum flow of the discharge in gallons per day;
5. The nature and concentration of pollutants in the discharge from each regulated process and identification of applicable limitations. The concentration shall be reported as a maximum or average as provided in applicable limitation. If equivalent concentration limits have been calculated in accordance with the limitations, this adjusted concentration limit shall also be submitted;
6. A statement, reviewed by an authorized representative and certified under penalty of perjury by a person with primary responsibility for the operation which contributes to the discharge, indicating whether the limitations are being met, and if not, what operation and maintenance improvements or additional pretreatment is required for compliance;
7. The shortest schedule under which any additional pretreatment or operation and maintenance improvements required as a result of the new limitations or requirements imposed pursuant to Section 13.40.330.
a. The completion date of such a schedule shall not be later than the compliance date established for the applicable limitation.
b. The schedule shall provide for reporting increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of any additional pretreatment necessary (e.g., hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing construction, completing construction).
c. The discharger shall also submit a written progress report to the fire chief not later than fourteen days following each increment of progress date in the schedule and the final date for compliance. That report shall state whether the discharger is in compliance with the scheduled increment of progress. If compliance was not achieved, the report shall state the date by which the discharger expects to comply with the scheduled increment of progress, the reason for the failure to comply and the steps being taken by the discharger to maintain the established compliance schedule.
d. The time limits specified in subsection (D)(7) of this section for operation or maintenance improvements or additional pretreatment may be extended by the fire chief.
E. Adoption of Federal Pretreatment Regulations. For reporting requirements, see Section 13.40.310(B)(4).
F. Additional Reporting Requirements. The fire chief may impose additional reporting requirements by permit condition. (Ord. 5105 º 6, 1996: prior code º 25-30.1)
13.40.370 Monitoring and sampling-Prenotification.
A. Any discharger may be required by the fire chief, by permit or otherwise, to engage in periodic monitoring and sampling of their discharge. The discharger shall notify the fire chief by telephone at least forty-eight hours in advance of any monitoring or sampling to be done. Notification shall include the date, time and location of the proposed monitoring or sampling. Monitoring and sampling shall be carried out during a period of normal operations. Prior to the commencement of any sampling or monitoring, the fire chief may require that the discharger furnish, to the fire chief, a split sample and all supporting data (i.e., methodology, flow measuring data, strip chart recordings and other pertinent information). The fire chief may refuse any data developed from the monitoring or sampling activity if the discharger fails to comply with the prenotification procedure.
1. Any discharger shall submit, to the fire chief certified under penalty of perjury by the discharger, its monitoring and sampling reports or other requested data.
2. Samples shall represent the normal wastewater flow to the sanitary sewer over a twenty-four hour period. Composite samples shall be collected according to flow, with at least one sample collected hourly. Samples may be collected either manually or by automatic integrated sampling equipment approved by the fire chief.
3. The handling, storage and analysis of all samples taken for the determination of the characteristics of wastewater discharged shall be performed by laboratories certified by the state of California and in accordance with procedures established by the EPA pursuant to Section 304(a) of the Waste Water Act and contained in 40 Code of Federal Regulation, Part 136, as amended. In the absence of a state certification process the fire chief may certify a laboratory to perform any necessary sampling and analysis.
B. Inspection and Sampling.
1. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this section or other applicable law, or whenever the fire chief has reasonable cause to believe that there exists upon any premises any violation of the provisions of this section or other applicable law, or any condition which makes such premises hazardous, unsafe or dangerous, the fire chief is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the fire chief by this section or other applicable law; provided that:
a. If the property is occupied, the fire chief shall first present proper credentials to the occupant and request entry explaining the reasons therefore; and
b. If the property is unoccupied, the fire chief shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining the reasons therefor. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the fire chief shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.
2. Where a discharger has instituted security measures requiring proper identification and clearance before entry onto the premises, the discharger shall make all necessary arrangements with its security guards in order that, upon presentation of such identification, city personnel shall be permitted to enter the premises without delay for the purpose of performing their authorized duties.
C. Public Access to Information. Information and discharge data provided to the city by the discharger shall be available to the public without restriction, except where there is a claim of confidentiality by the discharger. All other information, which is submitted by the discharger to the city, shall be available to the public, at least to the extent provided by 40 Code of Federal Regulations 2.302. With the exception of governmental agencies, any person requesting this information from the city shall be required, prior to receipt of the requested information, to pay the reasonable costs of data gathering, reproduction and transmission incurred by the city.
D. Confidentiality. Any information and discharge data submitted to the city pursuant to this section may be claimed by the discharger to be confidential. Any such claim must be asserted at the time of submission of the information or data to the city. The claim may be asserted by stamping the words "confidential business information" on each page containing such information or by other means; however, if no claim is asserted at the time of submission, the city may make the information available to the public without further notice. If such a claim is asserted, the information will be treated in accordance with the procedure in 40 Code Federal Regulation, Part 2.
E. Falsifying Information. No person shall knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed with the fire chief or required to be maintained pursuant to this section, or tamper with or knowingly render inaccurate any monitoring device required under this section.
F. Rules and Regulations. The fire chief may adopt rules and regulations consistent with this section to effectuate its purpose and intent.
G. Wastewater Sampling and Analysis Fee. All flow measurements, sampling and analysis shall be performed at permittee's expense by an independent laboratory acceptable to the fire chief. The fire chief may charge a fee set by resolution for each analysis performed by or on behalf of the city, on wastewater samples taken from the discharger. Moneys collected pursuant to this subdivision shall be deposited in the "hazardous disposal fund." The charges imposed by this section shall be added to the utilities bills of the public service department and shall be subject to the regulations of said department with respect to billing and collection generally applicable to other utility bills. (Ord. 5152 º 1, 1997: Ord. 5105 º 7, 1996: prior code º 25-30.2)
13.40.380 Disputes.
A. In the event that either the flow data or the industrial loading values and corresponding sewer use charges are disputed by a permittee, such permittee shall furnish supporting data prepared by a state-certified independent laboratory in a manner set forth in Section 13.40.370.
B. If the director of public works is satisfied that the permittee's loading values differ significantly from the established industry averages, the director of public works shall use the new loading values to compute that permittee's sewer use charge. A significant difference is defined as one resulting in a fifteen percent change in the sewer use charge. (Prior code º 25-30.3)
13.40.390 Liability for costs arising from unlawful discharge.
When any discharger introduces or causes to be introduced wastewater in violation of this article, and such discharge, either singly or by interaction with other discharges, results in damage to or is otherwise detrimental to or adversely affects the sanitary sewer, the storm drain system, or any waters of the state, such discharger shall be liable to the city for reasonable costs necessary to correct that damage, detriment or adverse effect, including, but not limited to, material, inspection, transportation, overhead and incidental expenses associated with the corrective action. The discharger shall additionally be liable to the city of the reasonable costs of investigation by the city arising from the unlawful discharge. (Prior code º 25-31)
13.40.400 Enforcement.
A. Suspension of Industrial Wastewater Permit.
1. The fire chief may suspend an industrial wastewater permit when such suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment; or which either singly or by interaction with other discharges, is an imminent hazard to the sanitary sewer, the storm drain system, or the waters of the state, or places the city in violation of its National Pollutant Discharge Elimination System permit.
2. Any discharger notified of a suspension of that discharger's industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the sanitary sewer.
3. In the event of a failure of the discharger to comply voluntarily with the suspension order, the fire chief may take such steps as are reasonably necessary to ensure compliance. These include, but are not limited to, immediate blockage or disconnection of the discharger's connection to the sanitary sewer.
4. In addition, the fire chief, in the event of violation of this section, may serve the discharger with a notice of an intended order of suspension, stating the reasons therefor, the opportunity for a hearing with respect thereto, and the proposed effective date of the intended order as specified in Section 203(b) of Volume I of the Glendale Building Code.
5. Fire chief shall reinstate the industrial wastewater permit upon proof of compliance which ends the emergency nature of the hazard created by the discharge that had been cause for the fire chief in initiate the suspension; provided, that the fire chief is satisfied that all discharge requirements of this code will be implemented. Any decision of the fire chief may be appealed to the city council pursuant to provisions of Chapter 2.88.
B. Revocation of Industrial Wastewater Permit. The fire chief may revoke an industrial wastewater permit for nonperformance of any condition under which it is issued and when such revocation is required by public necessity. Any decision of the fire chief may be appealed to the city council pursuant to the provisions of Chapter 2.88.
C. Additional Emergency Remedial Measures. The fire chief shall have full power and authority to take any necessary precautions including, but not limited to, decontamination, sewer closure, packaging, diking and transportation of materials, in order to protect life, protect property or prevent further damage resulting from a condition that is likely to result in a discharge which presents an imminent hazard to the public health, safety or welfare; or which either singly or by interaction with other discharges, is an imminent hazard to the sanitary sewer, or which places the city in violation of its National Pollutant Discharge Elimination System permit. In the pursuit of.such an operation, city personnel, any party contracting with the city, or duly authorized representative of another government agency shall have immediate access to the premises. The fire chief may prohibit approach to the scene of such emergency by a person, vehicle, vessel or thing, and all persons not actually employed in the mitigation of the condition or the preservation of lives and property in the vicinity thereof. Any decision of the fire chief may be appealed to the city council pursuant to the provisions of Chapter 2.88. (Ord. 5105 º 8, 1996: prior code º 25-31.1)
13.40.410 Inspections on private property.
The fire chief or authorized representatives are directed to make such inspections necessary at any time in any building, premises or lot, except buildings used exclusively for residential occupancy, for any of the purposes set out in this section, and no person shall interfere with, prevent or refuse to permit such representatives to enter any such building, premises or lot for any of such purposes:
A. To determine the size, depth and location of any sanitary sewer or storm drain connection;
B. To determine the outlet of any sanitary sewer or storm drain connection by depositing testing materials in any plumbing fixture attached thereto and flushing the same, if necessary;
C. To determine by measurements and samples the quantity and nature of sewage or wastewater being discharged into any sanitary sewer, storm drain or watercourse;
D. To inspect, test and sample the discharge of any device used to prevent the discharge into any sanitary sewer, storm drain or watercourse of illegal waste or illegal quantities of waste, such as floor drains, sand boxes, grease traps or other clarifiers, also, of those devices used to grind, shred, pulverize, or otherwise treat garbage or industrial waste before discharging same into a sanitary sewer or storm drain;
E. To determine the location of room, swimming pool and surface drains, and whether they are connected to a street gutter, storm drain or sanitary sewer;
F. To determine the nature of quantity of flow in any open watercourse or storm drain. (Ord. 5105 º 9, 1996: prior code º 25-32)
Article VI. Sewer Use Charge
13.40.420 Liability.
All occupants of places and premises which are connected to the sanitary sewer system of the city are liable for the sewer use charges imposed by this chapter. In the case of premises containing more than one dwelling unit or place of business or both which are served by a single electric or water meter, such charged may be billed to the landlord who shall collect such charges levied against such dwelling units or places of business and shall transmit the amount so collected to the city. In the event the landlord fails to collect such charges from any occupant and remit the same to the city, the landlord shall be liable to the city for the payment of such charges. (Prior code º 25-33)
13.40.430 Industrial groups.
Every person granted an industrial waste permit under Section 13.40.330 shall pay a sewer use charge for wastes discharged into the sanitary sewer system. In determining the sewer use charges, the director of public works may use industry averages for biochemical oxygen demand (BOD) and suspended solid (SS) loading values. Based on loading values for BOD and SS, the director of public works may classify permit holders by industrial user groups. Such industrial user groups shall be used to establish the industrial sewer use charges. The classification of industrial sewer users into industrial user groups is on file in the office of the director of public works. (Prior code º 25-34)
13.40.440 Exceptions.
Sewer use charges shall apply to all water introduced into the sanitary sewer system from any source, including but not limited to wastewater, water from private wells or rainwater, but there shall be no liability or charge where no portion of the water furnished from a public water supply goes into the sanitary sewer system. In the case of water supplied for irrigation or industry which does not enter the sanitary sewer system, there shall be no charge if the occupant has installed, in accordance with law and at the occupant's own expense, meters which measure the amount of water supplied the premises which does not enter the sanitary sewer system. (Prior code º 25-35)
13.40.450 Charges.
Fees for the collection, treatment and disposal of residential, commercial and industrial wastes entering the sewer system shall be established or modified by resolution of the city council. The schedule of sewer use charges shall be on file in the office of the director of public works. The director of public works shall, with the approval of the city manager, recommend revisions to the city council when changes in the cost to provide sewer services make revision appropriate. (Prior code º 25-36)
13.40.460 Billing.
The charges imposed by this chapter may be billed by adding same to the utility bills of the public service department. (Prior code º 25-37)
13.40.470 Water districts.
All public agencies other than the public service department of the city which provide water to customers within the city, shall provide the public service department with a list of all of their Glendale customers who fall within the category designated under Section 13.40.420 the amount of water used by each of such customers during the period covered, and submit such list within ten days of that public agency's billing of such customers. (Prior code º 25-38)
13.40.480 Civil debt.
The charge imposed by this chapter shall be a civil debt owing to the city from the occupant of all places and premises in the city connected to the sanitary sewer system or from the owner thereof, as the case may be. (Prior code º 25-39)
13.40.490 Fund created.
The director of finance and administrative services is authorized and directed to create a special activity fund to be known as the "sewer fund" to cover the costs of sewer maintenance, repair and construction; sewage disposal, and operating costs necessary to enforce the provisions of this chapter; and is further directed to deposit the charges received pursuant to this article in such fund. (Prior code º 25-40)