HomeMy WebLinkAboutOrd 1047-1989ORDINANCE NO. 1047-89
AN ORDINANCE REPEALING CHAPTER 14.08 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE ENTITLED "SEWAGE DISPOSAL
SYSTEM" AND ADOPTING CHAPTER 14.08 ENTITLED "WATER
QUALITY CONTROL"
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 14.08 Municipal Code (Ordinance No. 661, and All
Amending Ordinances) Repealed
Chapter 14.08 of the South San Franisco Municipal Code and the following
ordinances or parts of ordinances are hereby repealed, except that this repeal
shall not affect or prevent the prosecution or punishment of any person for any
act committed or omitted in violation of that chapter or ordinance prior to the
effective date of these provisions.
Ordinance No. 661 - An Ordinance Regulating Waste Discharges.
Ordinance No. 685-75, Section 2.25 - Amending Ordinance No. 661 to
Adopt General Penalty Provisions.
Ordinance No. 765-78 - An Ordinance Amending Ordinance No. 661 Adopted
April 1, 1974 Entitled "An Ordinance Re§ulatin9 Waste Discharges."
Ordinance No. 775-78 - An Ordinance Amending Ordinance No. 661 Adopted
April 1, 1974, As Amended, Entitled "An Ordinance Regulating Waste
Discharges."
Ordinance No. 785-79 - An Ordinance Amending Ordinance No. 661 Adopted
April 1, 1974, As Amended, Entitled "An Ordinance Regulating Waste
Discharges."
Ordinance No. 793-79 - An Ordinance Amending Ordinance No. 661 Adopted
April 1, 1974, As Amended, Entitled "An Ordinance Regulating Waste
Discharges."
Ordinance No. 828-80 - An Ordinance Amending Ordinance No. 661 Adopted
April 1, 1974, As Amended, Entitled "An Ordinance Regulating Waste
Discharges."
the
SECTION 2. Chapter 14.08 Added to the Municipal Code.
A new chapter~ Chapter 14.08~ Water Quality Control~ is hereby added to
South San Francisco Municipal Code to read:
CHAPTER 14.08
WATER QUALITY CONTROL
Sections:
14.08.010 Purpose and Intent
14.08.020 Definitions
I Permits
14.08.100
14.08.110
14.08.120
14.08.130
14.08.140
14.08.150
14.08.160
14.08.170
14.08.180
14.08.190
Wastewater Discharge Permits
Sewer Design and Construction
Permit Modifications
Permit Conditions
Permit Duration
Permit Transfer
Reporting Requirements for Permittee
Monitoring Facilities and Programs
Inspection and Sampling
Pretreatment Compliance
II Regulations
14.08.
14.08.
14.08.
14.08.
14.08.
14.08.
14.08.
200 General Discharge Regulations
210 Wastewater Concentration of Chemicals
220 Federal Categorical Pretreatment Standards
230 Modification of Federal Categorical Pretreatment Standards
240 Excessive Discharge
250 Accidental Discharges
260 Harmful Discharges
III Administration
14.08.300 Fees and Financial Guarantees
14.08.310 Confidential Information
IV Enforcement
14.08.400 Authority of Superintendent
14.08.410 Abatement Order By Superintendent
14.08.420 Notice of Violation
14.08.430 Apppeals
14.08.440 Summary Abatement
14.08.450 Grounds for Revocation or Modification of Permit
14.08.460 Revocation or Modification Procedure
14.08.470 Damage, Obstruction or Impairment of Facilities.
14.08.480 Costs of Abatement
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V Penalties
14.08.500 Penalties for Violations
14.08.510 Falsifying Information
14.08.520 Civil Damages
14.08.530 Injunction
14.08.540 Cost Recovery by City
14.08.550 Remedies Cumulative
Section 14.08.010 Purpose and Intent
This chapter sets forth uniform requirements for direct and indirect
contributors into the wastewater collection and treatment system for the City
of South San Francisco and enables the city to comply with all applicable State
of California laws (Water Code Section 1300 et seq.) and Federal laws required
by the Clean Water Act of 1977 133 U.S.C. Section 1251 et seq.) and the General
Pretreatment Regulations (40 CFR, Part 403).
The objectives of this chapter are:
(a)
To prevent the introduction of pollutants into the municipal
wastewater system which will upset or interfere with the
operation of the system or contaminate the resulting sludge;
(b)
To prevent the introduction of pollutants into the municipal
wastewater system which will pass through the system,
inadequately treated, into receiving waters or the atmosphere
or otherwise be incompatible with the system;
(c)
To improve the opportunity to recycle and reclaim wastewaters
and sludges from the system; and
(d)
To provide for equitable distribution of the cost of the
municipal wastewater system.
(e)
To prevent the exposure of workers at the publicly owned
treatment works and the collection system to chemical
hazards.
This chapter provides for the regulation of direct and indirect contributors
to the municipal wastewater system through the issuance of permits to certain
nondomestic users and through enforcement of general requirements for all users,
authorizes'monitoring and enforcement activities, requires user reporting, assumes
that existing customer's capacity will not be preempted, and provides for the
setting of fees for the equitable distribution of costs.
This chapter shall apply throughout the City of South San Francisco and to
persons outside the city who are, by contract or agreement with the city, users
of the city's water quality control plant. Except as otherwise provided herein,
the superintendent of the water quality control plant shall administer, implement,
and enforce the provisions of this chapter.
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Section 14.08.020 Definitions
(a) Act.
The Federal Water Pollution Control Act, also known as the Clean Water
Act, 33 U.S.C. Section 1251 et seq., as amended.
(b) Authorized Representative of Industrial User.
An authorized representative of an industrial user may be:
(1) A principal executive officer of at least the level of vice
president, if the industrial user is a corporation; 12) A general
partner or proprietor if the industrial user is a partnership or
proprietorship, respectively; (3) A duly authorized representative
of the individual designated above if such representative is
responsible for the overall operation of the facilities from which
the indirect discharge originates.
(c) Biochemical Oxygen Demand (BOD).
The quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure, five days at 20 degrees
centigrade expressed in terms of weight and concentration as milligrams
per liter.
(d) Categorical Standards.
National Categorical Pretreatment Standards or Pretreatment Standard.
(e) Chemical Oxygen Demand (COD).
The equivalent quantity of oxygen utilized during oxidation of organic
and inorganic matter in wastewater under the conditions of the C.O.D.
test described in standard methods, expressed in milligrams per liter.
(f) Contamination.
Impairment of the quality of the waters of the state by waste to a
degree which creates a hazard to the public health through poisoning
or through the spread of disease.
(g) Cooling Water.
The water discharged from any use such as air conditioning, cooling or
refrigeration, or to which the only pollutant added is heat.
(h) Department of Environmental Services.
The San Mateo County Department of Environmental Services, or any
successor.
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Ii) Direct Discharge.
The discharge of treated or untreated wastewater directly to the waters
of the state.
Domestic or Residential Premises.
Of or pertaining to single family, duplex~ or multiple family dwelling.
(k) Environmental Protection Agency (EPA).
The U.S. Environmental Protection Agency, or one of its duly authorized
officials.
Garbage.
Solid wastes from the preparation, cooking and dispensing of foods, and
from the handling, storage and sale of produce. "Properly ground garbage"
is the waste from the preparation, cooking and dispensing of foods which
have been ground to such a degree that all particles may be carried
freely under the flow conditions normally prevailing in public sewers.
(m) Grab Sample.
A sample which is taken from a waste stream on a one time basis with no
regard to the flow in the waste stream and without consideration of time.
(n) Grease.
Greases, oils, fats, fatty acids, waxes, soaps or other matter which is
so determined in accordance with the standard methods examination for
grease in polluted waters.
(o) Holding Tank Waste.
Any waste from holding tanks such as vessels, chemical toilets, campers,
trailers, septic tanks, and vacuum-pump tank trucks.
(p) Indirect Discharge.
The discharge or the introduction of nondomestic pollutants from any
source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317),
into the water quality control facilities (including holding tank waste
discharged into the system).
(q) Industrial User.
A source of indirect discharge which does not constitute a "discharge of
pollutants" under regulations issued pursuant to Section 402 of the Act.
(33 U.S.C. 1342)
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(r) Industrial Waste.
The gaseous, liquid and solid wastes from any producing, manufacturing
or personal service industries, or from any processing operation of
whatever nature, including the washing of vehicles, machines and
equipment.
(s) Interference.
The inhibition or disruption of the treatment process or operations
which contributes to a violation of any requirement of the city's
NPDES permit. The term includes prevention of sewage sludge use or
disposal by the water quality control plant in accordance with
Section 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines,
or regulations developed pursuant to the Solid Waste Disposal Act
(SWDA), the Clean Air Act, the Toxic Substances Control Act, or more
stringent state criteria applicable to the method of disposal or use
employed by the water quality control plant.
(t) Mass Emission Rates.
Pounds per day in waste or waste discharge of designated materials.
(u) National Categorical Pretreatment Standard or Pretreatment Standard.
Any regulation containing pollutant discharge limits promulgated by the
EPA in accordance with Section 307{b) and (c) of the Act (33 U.S.C. 1347)
which applies to a specific category of Industrial Users.
(v) National Pollution Discharge Elimination System (NPDES) Permit.
A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
(w) National Prohibitive Discharge Standard or Prohibitive Discharge Standard.
Any regulation developed under the authority of Section 307(b) of the
Act (33 U.S.C. 1347) and 40 CFR Section 403.5.
(x) Natural Outlet.
Any outlet into a watercourse, pond, ditch, lake, bay, ocean or other
body of surface water, or into the ground water.
(y) New Source.
Any source, the construction of which is commenced after the publication
of proposed regulations prescribing a Section 307(c) (33 U.S.C. 1317)
categorical pretreatment standard which will be applicable to such source,
if such standard is thereafter promulgated within one hundred twenty
days of proposal in the Federal Register. Where the standard is
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promulgated later than one hundred twenty days after proposal, a new
source means any source, the construction of which is commenced after
the date of promulgation of the standard.
(z) Pass Through
Discharge through the POTW to navigable waters which, alone or
in conjunction with discharges from other sources, is a cause of
a violation of the NPDES permit.
(aa) Person.
Any individual, partnership, copartnership, firm, company, corporation,
association, joint stock company, trust estate, governmental entity or
any other legal entity, or their legal representatives, agents or assigns.
Any person who contributes, causes or permits the contribution of
wastewater into the water quality control plant is a user.
(bb) p_~_H.
The logarithm (base 10) of the reciprocal of the concentration of
hydrogen ions expressed in grams per liter of solution,
(cc) Pollution.
The man-made or man-induced alteration of the chemical, physical,
biological, or radiological integrity of water.
(dd) Pollutant.
Any dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock
sand, cellar dirt, industrial, municipal or agricultural waste
discharged into water.
(ee) Pretreatment or Treatment.
The reduction of the amount of pollutants, the elimination of pollutants,
or the alteration of the nature of pollutant properties in wastewater to
a less harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into the wastewater treatment system. The
reduction or alteration can be obtained by physical, chemical or
biological processes, or process changes by other means, except as
prohibited by 40 CFR Section 403.6(d).
(ff) Pretreatment Program.
A program to protect the water quality control facilities, its workers
and the environment from adverse impacts that may occur when hazardous
or toxic wastes are discharged into the sewage system.
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(gg) Pretreatment Requirements.
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard imposed on an
industrial user.
(hh) Publicly Owned Treatment Work (POTW).
A treatment works as defined by Section 212 of the Act (33 U.S.C. 1292)
which is owned in this instance by the Cities of South San Francisco and
San Bruno.
(ii) Sanitary Sewage.
Domestic or domestic-like sewage.
(jj) Sewage. (See Wastewater)
Water-carried and liquid wastes from residences, business buildings,
institutions and industrial establishments, together with such
ground, surface, and storm waters as may be present, or any
combination of such wastes and waters.
(kk) Sewage Facilities.
The arrangement of devices and structures used for the transportation,
treatment and disposal of sewage, including but not limited to,
intercepting sewers, sewage treatment works, pumping plants,
outfall sewers and appurtenances constructed, operated and maintained
by the city for sewage disposal purposes.
(11 ) Sewer.
A pipe or conduit for carrying water, sewage and/or wastewater;
and the following:
{1) "Building sewer" means a sewer conveying wastewater from the
premises of a user to a public sewer.
(2) "Public sewer" means a sewer which is controlled by the city
or other agency.
(3)
"Sanitary sewer" means a sewer for domestic, commercial and
industrial waste to which storm, surface and ground waters
are not intentionally admitted.
(4)
"Side sewer" means a sewer conveying the waste water of a
discharge from a residence, building or other structure to
a public sewer, including direct connections where permitted.
(5) "Storm sewer" means a sewer which carries storm and surface
waters but from which sewage and polluted industrial
commercial and institutional wastes are required to ~e excluded.
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(mm) Significant Industrial User.
(1) All categorical industrial users (see National Categorical
Pretreatment Standard). (2) Any noncategorical industrial user
that (a) discharges 25,000 gallons or more per day of process
wastewater, or (b) contributes a process wastestream which makes
up five (5%) percent or more of the average dry weather hydraulic
or organic capacity of the treatment plant or (c) has a reasonable
potential, in the opinion of the city, to adversely affect the
POTW (i.e., inhibition, pass through of pollutants, sludge
contamination, or endangerment of POTW and collection system
workers).
(nn) Standard Industrial Classification (SIC).
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, lg72, or any successor.
(oo) Standard Methods.
The latest United States Environmental Protection Agency
approved edition of "Standard Methods for the Examination of
Water and Wastewater" prepared and published jointly by American
Public Health Association, American Water Works Association, and
the Water Pollution Control Federation on methods deemed equivalent
by the Superintendent and the Water Quality Control Board for the
San Francisco Bay region, herein referred to for definitions,
laboratory procedures of analysis, tests (including test samples)
and measurements.
(pp) Storm Sewer
A sewer which carries storm and surface waters to San Francisco
Bay but from which sewage, polluted industrial, commercial and
institutional wastes are required to be excluded.
(qq) Storm Water.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
(rr) Suspended Solids.
The total suspended matter that floats on the surface of, or is
suspended in, water, wastewater or other liquids, and which is
removable by laboratory filtering.
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(ss) Superintendent.
The Superintendent of the Water Quality Control Plant who is charged
with certain duties and responsibilities by this chapter, or the
superintendent's authorized representative.
(tt) Toxic Pollutant.
Any pollutant or combination of pollutants listed as toxic in regulations
promulgated by the Administrator of the Environmental Protection Agency
under the provision of Section 307(a) of the Act (33 U.S.C. 1317) or
other acts.
(uu) Upset
An incident in which one or more pollutants cause the removal efficiency
for a treatment process at the POTW to be dramatically reduced.
(vv) Waste.
All waste substances, liquid, solid, gaseous or radioactive, associated
with human habitation, or of human or animal origin, or from any producing,
manufacturing, personal service industry, or processing operation of
whatever nature.
(ww) Wastewater.
The liquid and water-carried industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities, and institutions, whether
treated or untreated, which is contributed into or permitted to enter
the water quality control facilities.
(xx) Water Quality Control Facilities.
A wastewater treatment works as defined by Section 212 of the
Act (33 U.S.C. 1292), which is owned by the city. This definition
includes any sewers that convey wastewater to the water quality control
plant, but does not include pipes, sewers or other conveyances not
connected to a facility providing treatment. For the purposes of this
chapter, water quality control facilities shall also include any sewers
that convey wastewaters to the plant from persons outside the city who
are, by contract or agreement with the city, users of the city's water
quality control facilities. The portion of the facilities designed to
provide treatment to wastewater is the water quality control plant.
(yy) Waters of the State or Watercourse.
All streams, lakes, ponds, marshes, watercourses, waterways, wells,
springs, reservoirs, aquifers, irrigation systems, drainage systems
and all other bodies or accumulations of water, surface or underground,
natural or artificial, public or private, which are contained within,
flow through, or border upon the State or any portion thereof.
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I. PERMITS
Section 14.08.100 Wastewater Discharge Permits
(a) .It is unlawful to discharge without a permit in to any natural outlet
within the city or into the water quality control facilities any
wastewater except as authorized by the superintendent in accordance
with the provisions of this chapter.
(b)
All significant users proposing to connect to or to contribute to the
water control facilities shall obtain a wastewater discharge permit
from the superintendent before connecting to or contributing to any
public sewer.
(c)
Users required to obtain a wastewater discharge permit shall complete
and file with the city an application in the form prescribed by the'
city, accompanied by a fee as set forth in the city's master fee
schedule. Proposed new users shall apply at least ninety days
prior to connecting to or contributing to the water quality control
facilities. Users shall be classified as either residential,
institutional, commercial, or industrial. In support of the
application, the users shall submit, in units and terms appropriate
for evaluation, the following information:
(1) Name, mailing address, and location of use (if different from the
address), business license number and expiration date;
(2) SIC number according to the Standard Industrial Classification
Manual;
(3)
Wastewater constituents and characteristics as determined by a
reliable analytical laboratory. Sampling and analysis shall be
performed in accordance with procedures established by the EPA
pursuant to Section 304(g) of the Act (33 U.S.C. 1314) and
contained in 40 CFR, Part 136;
(4) Time and duration of contribution;
(5) Average daily and thirty minute peak waste water flow rates,
including daily, monthly and seasonal variations if any;
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the
size, location and elevation;
(7) Description of activities, facilities and plant processes on the
premises including all materials which are or could be discharged;
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(8)
Where known~ the nature and concentration of any pollutants in the
discharge which are limited by any city~ state, or federal
pretreatment standards, and a statement regarding whether or not
the pretreatment standards are being met on a consistent basis
and if not, whether additional operation and maintenance or
additional pretreatment is required for the user to meet applicable
pretreatment standards.
(9)
If additional pretreatment operation and maintenance will be
required to meet the pretreatment standards the shortest schedule
by which the user will provide such additional pretreatment. The
completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment
standard.
The following conditions shall apply to this schedule:
(i)
The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events
leading to the construction and operation of additional
pretreatment required for the user to meet the applicable
pretreatment standards (e.g., hiring an engineer, completing
preliminary plans, completing final plans, executing contract
for major components, commencing construction, completing
construction, etc.).
(ii} No increment referred to in paragraph (i) shall exceed
nine months.
(iii)
Not later than fourteen days following each date in the
schedule and the final date for compliance, the user shall
submit a progress report to the superintendent including, at
a minimum, whether or not it complied with the increment of
progress to be met on such date and, if not, the date on
which it expects to comply with this increment of progress,
the reason for the delay, and the steps being taken by the
user to return the construction to the schedule established.
In no event shall more than nine months elapse between
such progress reports to the superintendent.
(10) Each product produced by type, amount, process or processes and
rate of production;
(11) Type and amount of raw materials processed (average and maximum
per day);
(12) Number and type of employees, hours of operation of plant and
proposed or actual hours of operation of pretreatment system;
(13) Any other information as may be deemed by the city to be
necessary to evaluate the permit application.
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The city will evaluate the data furnished by the user and may require
additional information. After evaluation and acceptance of the data furnished~
the city may issue a wastewater discharge permit subject to terms and conditions.
Section 14.08.110 Sewer Design and Construction
All new sewers and connections to new and existing sewers shall be designed
and constructed in accordance with the Uniform Building Code then in effect and
other applicable city ordinances. The applicant for a permit to construct
sewers or connections shall furnish the chief building inspector with a copy of
the wastewater discharge permit.
Section 14.08.120 Permit Modifications
Within nine months of the promulgation of a national categorical
pretreatment standard, the wastewater discharge permit of users subject to
such standard shall be revised to require compliance with such standard within
the time frame prescribed by such standard. Where a user, subject to a
national categorical pretreatment standard, has not previously submitted an
application for a wastewater discharge permit, the user shall apply for a
wastewater discharge permit within one hundred eighty days after the
promulgation of the applicable national categorical pretreatment standard.
In addition, the user with an existing wastewater discharge permit shall
submit to the superintendent within one hundred eighty days after the
promulgation of an applicable'federal categorical pretreatment standard the
information required by Section 14.08.100.
Section 14.080.130 Permit Conditions
(a)
Wastewater discharge permits shall be expressly subject to all
provisions of this chapter and all other applicable regulations,
user charges, and fees established by the city. Commercial and
industrial users must maintain a current city business license.
Permits may contain the following:
(1) Limits on the average and maximum wastewater constituents
and characteristics;
(2) Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization;
{3) Requirements for installation and maintenance of inspection,
monitoring and sampling facilities and monitoring equipment;
(4)
Specifications for source control and monitoring programs
which may include sampling locations, frequency of sampling,
number, types and standards for tests and reporting schedule;
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(b)
(5) Compliance schedules;
(6) Requirements for submission of technical reports or discharge
reports;
(7)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the city and affording
city access thereto;
(8)
Requirements for notification to the city of any substantial
change in the volume or character of the wastewater constituents
being introduced into the wastewater treatment system or of any
introduction of new wastewate constituents;
(9) Requirements for notification of sludge discharges; and
(10) Other conditions as deemed appropriate by the city.
The superintendent or the superintendent's designee may amend the
terms and conditions of a wastewater discharge permit or add new
and different terms and conditions to meet the requirements of
applicable federal and state statutes, city ordinances and
administration orders issued pursuant thereto.
Section 14.08.140 Permit Duration
Permits shall be issued for a specified time period, not to exceed five
years. A permit may be issued for a period less than a year or may be stated
to expire on a specific date. The user shall apply for permit reissuance a
minimum of ninety days prior to the expiration of the user's existing permit.
The terms and conditions of the permit may be subject to modification by the
city during the term of the permit as limitations or requirements are modified
or other just cause exists. The user shall be informed of any proposed changes
in a permit at least thirty days prior to the effective date of change. Any
changes or new conditions in the permit shall include a reasonable time schedule
for compliance.
Section 14.08.150 Permit Transfer
Wastewater discharge permits are issued to a specific user for a specific
operation. A wastewater discharge permit shall not be reassigned or transferred
or sold to a new owner, new user, different premises, or a new or changed
operation without the approval of the city. Any succeeding owner or users shall
also comply with the terms and conditions of the existing permit.
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Section 14.08.160 Reporting Requirements for Permittee
(a)
Within ninety days following the date for final compliance with
applicable pretreatment standards or, in the case of a new source,
following commencement of the introduction of wastewater into the
water quality control facilities, any user subject to pretreatment
standards and requirements shall submit to the superintendent a report
indicating the nature and concentration of all pollutants in the
discharge from the regulated process which are limited by pretreatment
standards and requirements and the average and maximum daily flow for
these process units in the user facility which are limited by such
pretreatment standards or requirements. The report shall state whether
the applicable pretreatment standards or requirements are being met on
a consistent basis and, if not, what additional acts are necessary to
bring the user into compliance with the applicable pretreatment
standards or requirements. This statement shall be signed by an
authorized representative of the industrial user, and certified by
a qualified professional.
(b)
Any user subject to a pretreatment standard, after the compliance date
of such pretreatment standard, or, in the case of a new source, after
commencement of the discharge into the water quality control facility
shall submit to the superintendent during the months of June and December,
unless required more frequently in the pretreatment standard or by the
superintendent, a report indicating the nature and concentration, of
pollutants in the effluent which are limited by such pretreatment
standards. In addition, this report shall include a record of all daily
flows which during the reporting period exceed the average daily flow
reported. At the discretion of the superintendent and in consideration
of such factors as local high or low flow rates, holidays, budget cycles,
etc., the superintendent may agree to alter the months during which the
above reports are submitted.
(c)
The superintendent may impose mass limitations on users which are using
dilution to meet applicable pretreatment standards or requirements, or
in other cases where the imposition of mass limitations are appropriate.
In such cases, the report required by subsection (b) of this section
shall indicate the mass of pollutants regulated by pretreatment
standards in the effluent of the user. These reports shall contain
the results of sampling and analysis of the discharge, including the
flow and the nature and concentration, or production and mass where
requested by the superintendent, of pollutants contained therein which
are limited by the applicable pretreatment standards. The frequency
of monitoring shall be prescribed in the applicable pretreatment
standards. All analysis shall be performed in accordance with procedures
established pursuant to Section 304(9) of the Act (33 U.S.C. 1314) and
contained in 40 CFR Part 136 and amendments thereto or with any other
approved test procedures. Sampling shall be performed in accordance
with the approved techniques.
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Section 14.08.170 Monitoring Facilities and Programs
(a)
The superintendent may require users to conduct and maintain
monitoring programs as a means of controlling the quantity and
quality of the discharge so that discharges comply with the
provisions of this chapter. The monitoring program shall consi§t
of test samples and analyses, the frequency and type of which shall
be specified by the superintendent. Upon demonstrating to the
superintendent that the user has the necessary qualifications and
equipment to conduct the monitoring program or that the user has
retained the services of a qualified consultant or laboratory so
certified by the State Department of Public Health, the user may
conduct this monitoring program. The user shall submit monitoring
reports to the superintendent monthly unless the superintendent
determines a different frequency for the periodic monitoring reports,
in which case the superintendent shall specify the report frequency
to the user by written notice, stating the reasons therefor. If the
user fails, refuses or neglects to conduct and maintain'the required
monitoring program, or does not have qualified personnel and equipment
therefor, or does not have the services of a qualified consultant or
laboratory so certified by the State Department of Public Health, then
the superintendent may establish a monitoring program with city
personnel if available or with services of a qualified consultant or
laboratory so certified by the State Department of Public Health, the
cost of which shall be charged to the user and/or parcel owner.
(b)
The city may require to be provided and operated at the user's own
expense, monitoring facilities to allow inspection, sampling, and flow
measurement of the building sewer and/or internal drainage systems.
The monitoring facility should normally be situated on the user's
premises, but the city may, when such a location would be impractical
or cause undue hardship on the user, allow the facility to be
constructed off-premises. There shall be ample room in or near such
sampling manhole or facility to allow accurate sampling and preparation
of samples for analysis. The facility, sampling, and measuring
equipment shall be maintained at all times in a safe and proper
operating condition at the expense of the user. The sampling and
monitoring facilities shall be provided in accordance with the city's
requirements and all applicable local construction shall be completed
within ninety days following commencement.
Section 14.08.180 Inspection and Sampling
(a)
The city shall inspect as the superintendent deems necessary, the
facilities of any user to ascertain whether the purpose of this
chapter is being met and all requirements are being complied with.
Persons or occupants of premises where wastewater is created or
discharged shall allow the city or its representative ready access
at all reasonable times to all parts of the premises for the purposes
of inspection, sampling, records examination or in the performance of
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any duties. The city and personnel from other governmental agencies
shall have the right to set up on the the user's property such
devices as are necessary to conduct sampling inspection, compliance
monitoring or metering operations. Where a user has security measures
in force which would require proper identification and clearance before
entry into its premises, the user shall make necessary arrangements with
its security guards so that upon presentation of suitable identification,
personnel from the city and other governmental agencies will be permitted
to enter, without delay, for the purposes of performing their specific
responsibilities.
(b)
The superintendent may require any nonresidential user to construct,
at the user's own expense, a sampling facility or inspection manhole,
together with necessary related measuring and sampling equipment, in
accordance with construction standards and specifications of the city.
The samplin9 facility, or well, or inspection manhole, shall be
constructed on the lateral side sewer of the user and installed at a
point where the sampling well intercepts all wastes from the discharging
source. The well shall also be within a clear easement area at a
location which will permit the city access to the facility at all times.
Construction shall be completed within sixty days of written
notification from the superintendent, unless such time is extended by
the superintendent for good cause. The superintendent may require the
user to install such sampling facilities or inspection manholes on each
lateral sewer.
Section 14.08.190 Pretreatment Compliance
(a)
Users shall provide necessary wastewater treatment as required to
comply with this chapter and shall achieve compliance with all
federal categorical pretreatment standards within the time limitations
as specified by the federal pretreatment regulations. Any facilities
required to pretreat wastewater to a level acceptable to the city
shall be provided, operated, and maintained at the user's expense.
Detailed plans showing the pretreatment facilities and operating
procedures shall be acceptable to the city before construction of the
facility. The review of such plans and operating procedures will in
no way relieve the user from the responsibility of modifying the
facility as necessary to produce an effluent acceptable to the city
under the provisions of this chapter or regulations promulgated by
the superintendent in accordance with this chapter. Any subsequent
changes in the pretreatment facilities or method of operation shall
be reported to and be acceptable to the city prior to the user's
initiation of the changes.
(b)
The city shall annually publish in the newspaper a list of the users
which were in significant violation or significant noncompliance with
any pretreatment requirements or standards during the twelve previous
months. The notification may also summarize any enforcement actions
taken against the user(s) during the same twelve months.
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(c) All records relating to compliance with pretreatment standards shall
be made available to state and federal officials upon request.
II. REGULATIONS
Section 14.08.200 General Discharge Regulations
(a)
Sanitary sewage shall be discharged only into public sanitary sewers,
except as otherwise provided. It is unlawful to construct, maintain
or use within the city any privy, septic tank, cesspool or other such
facility designed or intended to be utilized for the disposal of
sewage. It is unlalwful to discharge sewage into any storm sewer.
(b)
It is unlawful to discharge or cause to be discharged directly or
indirectly, any pollutant or wastewater into any storm sewer or
into any sewage facility which will interfere with the operation
or performance or pass through of the water quality control
facilities. These general prohibitions apply to all users whether
or not the user is subject to national categorical pretreatment
standards or any other national, state, or local pretreatment
standards or requirements. The discharge of the following is
prohibited:
(1)
Any liquids, solids or gases which by reason of their nature
or quantity are, or may be, sufficient either alone or by
interaction with other substances to cause fire or explosion
or be injurious in any other way to the water quality control
facilities or to the operation of the water quality control
plant. At no time, shall two successive readings on an
explosion hazard meter, at the point of discharge into the
system {or at any point in the system) be more than five
percent nor any single reading over ten percent of the lower
explosive limit (LEL) of the meter. Prohibited materials
include, but are not limited to, gasoline, kerosene, naphtha,
benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbides, hydrides
and sulfides.
(2)
Solid or viscous substances which may cause obstruction to the
flow in a sewer or other interference with the operation of the
wastewater treatment facilities such as, but not limited to:
grease, garbage with particles greater than one-half inch
in any dimension, animal guts or tissues, paunch manure~ bones,
hair, hides or fleshings, entrails, whole bloodj feathers, ashes,
cinders, sand, spent lime, stone or marble dust, metal, glass,
straw, shavings, grass clippings, rags, spent grains, spent hops,
waste paper, wood, plastics, gas, tar, asphalt residues,
residues (rom refining, or processing of fuel or lubricating
oil, mud, or glass grinding or polishing wastes.
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(3)
(4)
(s)
(6)
(7)
(8)
(9)
(lO)
Any wastewater having a pH less than 5.0 units or greater than
12.0 units or wastewater having any other corrosive property
capable of causing damage or hazard to structures, equipment,
or personnel of the water quality control facilities.
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure
or interfere with any wastewater treatment process, constitute
a hazard to humans or animals, create a toxic effect in the
receiving waters of the water quality control facilities, or
to exceed the limitations set forth in a categorical pretreatment
standard. A toxic pollutant shall include but not be limited to
any pollutant identified pursuant to Section 307(a) of the Act
(33 U.S.C. 1317).
Any noxious or malodorous liquids, gases, or solids which either
singly or by interaction with other wastes are sufficient to
create a public nuisance or hazard to life or are sufficient to
prevent entry into the sewers for maintenance and repair.
Any substance which may cause the water quality control plant's
effluent or any other product, such as residues, sludges, or
scums, to be unsuitable for reclamation and reuse or to interfere
with the reclamation process. In no case, shall a substance
discharged to water quality control facilities cause the water
quality control plant to be in noncompliance with sludge use or
disposal criteria, guidelines, or regulations affecting sludge
use or disposal developed pursuant to the Solid Waste Act, the
Clean Air Act, the Toxic Substances Control Act, or state
criteria applicable to the sludge management method being used.
Any substance which will cause the water quality control plant
to violate its NPDES permit or state disposal system permit or
the receiving water quality standards.
Any wastewater with objectionable color not removed in the
treatment process, such as, but not limited to, dye wastes and
vegetable tanning solutions.
Any wastewater having a temperature which will inhibit biological
activity in the treatment plant resulting in interference, but in
no case wastewater with a temperature at the introduction into the
water quality control plant which exceeds 40 degrees centigrade
(104 degrees Fahrenheit) unless the plant is designed to
accommodate such temperature.
Any pollutants, including oxygen demanding pollutants (BOD, etc.)
released at a flow rate or pollutant concentration which a user
knows or has reason to know will cause interference to the water
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quality control facilities. In no case shall a slug load have a
flow rate or contain concentration or qualities of pollutants that
exceed for any time period longer than fifteen minutes more than
five times the average twenty-four hour concentration, quantities,
or flow during normal operation.
(11) Any wastewater containing any radioactive wastes or isotopes.
(12)
Any pesticides containing algaecides, antibiotics, fungicides,
herbicides, insecticides or any similar pesticides in amounts
deleterious to any sewage treatment process or to the aquatic
life of the waters receiving the effluent.
(13)
Any wastewater which causes a hazard to human life or creates a
public nuisance.
When the superintendent determines that a user is contributing any of the
above enumerated substances in such amounts as to interfere with the operation
of the water quality control facilities, the superintendent shall take
enforcement action as necessary to get such user to correct the interference.
In the event of imminent harm to the public, the superintendent may take whatever
action is necessary to correct the interference, and the user shall be responsible
for all costs incurred.
Section 14.08.210 Wastewater Concentration of Chemicals
(a)
It is unlawful to discharge or cause to be discharged any wastewater
into the public sanitary sewers if the concentration of any of the
constituents of the wastewater exceeds the limits established by
resolution of the city council. (Maximum permissible concentrations
are normally expressed in milligrams per liter.)
(b)
State requirements and limitations on discharges shall apply in any
case where they are more stringent than federal requirements and
limitations or those in this chapter.
(c)
The superintendant may impose quantitative limitations, e.g. pounds
per day limits, on discharges or any constituent of the wastewater
when the discharge or constituent may unreasonably overload, adversely
affect the facilities or have a harmful effect upon the receiving
waters. Mass emission rates or other similiar techniques having a
reasonable relationship to evaluating or measuring waste discharges
may be used.
Section 14.08.220 Federal Categorical Pretreatment Standards
Upon the promulgation of the federal categorical pretreatment standards for
a particular industrial subcategory, the federal standard, if more stringent
than limitations imposed under this chapter for sources in that subcategory
shall apply. The superintendent shall notify all affected users of the applicable
reporting requirements under 40 CFR Section 403.12.
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Section 14.08.230 Modification of Federal Categorical Pretreatment
Standards
Where the city's water quality control plant achieves consistent removal
of pollutants limited by federal pretreatment standards, the city may apply for
modification of specific limits in the federal pretreatment standards.
"Consistent removal" means reduction in the amount of a pollutant or alteration
of the nature of the pollutant by the water quality control plant to a less toxic
or harmless state in the effluent which is achieved by the system in ninety five
percent of the samples taken when measured according to the procedures set
forth in 40 CFR, Part 403 - "General Pretreatment Regulations for Existing and
New Sources of Pollution" The city may then modify pollutant discharge limits
in the federal pretreatment standards if the requirements contained in 40 CFR
Section 403.7 are fulfilled and prior approval is obtained.
Section 14.08.240 Excessive Discharge
It is unlawful to increase the use of process water or, in any way, attempt
to dilute a discharge as a partial or complete substitute for adequate treatment
to achieve compliance with the limits contained in the federal categorical
pretreatment standards, or in any other ~pollutant specific limitation developed
by the city or state.
Section 14.08.250 Accidental Discharges
(a)
Each user shall provide protection from accidental discharge of
prohibited materials or other regulated substances. Facilities to
prevent accidental discharge of prohibited materials shall be provided
and maintained at the owner or user's own cost and expense. Detailed
plans showing facilities and operating procedures to provide this
protection shall be submitted to the city for review, and shall be
approved by the city before construction of the facility. All
existing users shall complete such a plan by January l, 1991. No user
who commences contribution to the water quality control facilities
after effective date of this chapter shall be permitted to introduce
pollutants into the system until accidental discharge procedures have
been approved by the city. Review and approval of such plans and
operating procedures shall not relieve the industrial user from the
responsibility to modify the user's facility as necessary to meet
the requirements of this chapter. In the case of an accidental
discharge, it is the responsibility of the user to immediately
telephone and notify the water quality control plant of the incident.
The notification shall include location of discharge, type of waste,
concentration and volume, and corrective actions.
(b)
Within five days following an accidental discharge, the user
shall submit to the superintendent a detailed written report describing
the cause of the discharge and the measures to be taken by the user to
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prevent similar future occurrences. Such notification shall not
relieve the user of any expense~ loss, damage~ or other liability
which may be incurred as a result of damage to the water quality
control facilities, fish kills~ or any other damage to person or
property; nor shall such notification relieve the user of any fines,
civil penalties, or other liability which may be imposed under the
South San Francisco Municipal Code or other applicable laws.
(c)
A notice shall be permanently posted on the user's bulletin board
or other prominent place advising employees whom to call in the
event of a dangerous discharge. Employers shall insure that all
employees who may cause or suffer such a dangerous discharge to
occur are advised of the emergency notification procedure.
Section 14.08.260 Harmful Discharges
(a)
The superintendent may suspend the wastewater treatment service or
a wastewater discharge permit when such suspension is necessary, in
the opinion of the superintendent, in order to stop an actual or
threatened discharge which presents or may present an imminent or
substantial endangerment to the health or welfare of persons or to
the environment, causes interference to the water quality control
facilities or causes the city to violate any condition of its NPDES
permit.
(b)
Any user notified of a suspension of the wastewater treatment service
or the wastewater discharge permit shall immediately stop or eliminate
the discharge. In the event of a failure of the user to comply
voluntarily with the suspension order, the city shall take such steps
as deemed necessary including a cease and desist order or immediate
severance of the sewer connection, to prevent or minimize damage to
the water quality control facilities or endangerment to the water
quality control facilities or endangerment to any individuals. The
city shall reinstate the wastewater discharge permit or the wastewater
treatment service upon proof of the elimination of the noncomplying
discharge. A detailed written statement submitted by the user
describing the causes of the harmful discharge and the measures
taken to prevent any future occurrence shall be submitted to the city
within fifteen days of the date of occurrence.
III ADMINISTRATION
Section 14.08.300 Fees and Financial Guarantees
(a)
The city may adopt fees to provide for the recovery of costs from users
of the water quality control facilities. Such fees may include, but
are not limited to, connection charges, permits, monitoring, inspections
and surveillance procedures, accidental discharge matters, appeals,
reimbursement of costs incurred by city for removal of pollutants, and
any other fees the city deems necessary to carry out the requirements
of this chapter. The applicable fees shall be as set forth in the
city's master fee schedule.
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(b)
(c)
(d)
A sewer connection fee shall be paid by the user or parcel owner for
connection to a public sanitary sewer at the time the building permit
is issued~ or if no building permit is necessary, prior to the time
the connection is operational. When a change in use from residential
to commercial occurs, the difference in connection charges shall be
paid.
Initial applications and renewal applications for a wastewater discharge
permit shall be accompanied by a nonrefundable processing fee.
If the imposition of special controls on wastewater discharges become
necessary, a corporate surety bond or equivalent guarantee to insure
performance may be required of a user.
Section 14.08.310 Confidential Information
(a)
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to
demonstrate to the satisfaction of the city that the release of such
information would divulge information, processes or methods of production
entitled to protection as trade secrets of the user.
(b)
When requested by the person furnishing a report, the portions of a
report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses
related to this chapter, NPDES permit, state disposal system permit
or the pretreatment programs. Such a report shall be available for
use by the city or state any governmental agency in judicial review
or enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics will not be recognized
as confidential information.
(c)
Information accepted by the city as confidential, shall not be
transmitted to any governmental agency or to the general public by the
city until and unless a ten day notification is given to the user.
IV ENFORCEMENT
Section 14.08.400 Authority of Superintendent
(a)
The superintendent has the authority to enforce compliance with the
provisions of this chapter, and to promulgate regulations designed to
assist in achieving compliance.
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Section 14.08.410 Abatement Order By Superintendant
When the superintendant finds that a discharge of wastewater is taking place
or threatening to take place in violation of prohibitions or limits of this
chapter, or regulations promulgated by the superintendant in accordance with
this chapter, or wastewater source control requirements or the provisions of
a wastewater discharge permit~ the superintendent may issue an abatement order
and direct that those persons not complying with such prohibitions, limits,
regulations, requirements or provisions to:
(a) Comply forthwith;
(b) Comply in accordance with a reasonable time schedule set by the
superintendent; or
(c) In the event of a threatened violation, take appropriate remedial
or preventive action.
In cases of imminent harm to the public, the superintendent may enter private
property if necessary to sever service.
Section 14.08.420 Notice of Violation
(a)
Whenever the source control inspector finds that any user has violated
or is violating the provisions of this chapter, the inspector may serve
upon such user a written notice stating the nature of the violation.
Within forty five days of the date of the notice, a plan for the
satisfactory correction thereof shall be submitted to the city by the
user.
(b)
The source control inspector may order any user who causes or allows an
unauthorized discharge to enter the water quality control facilities to
show cause before the superintendent why the proposed enforcement action
should not be taken. Notice of the hearing shall be served personally
or by registered or certified mail return receipt requested at least
ten days before the hearing. Service may be made on any agent or
officer of a corporation.
(c) After an informal hearing is held the superintendent shall render a
decision in writing.
Section 14.08.430 Appeals
(a)
Superintendent Review. Any discharger affected by any decision, action,
or determination, including abatement orders, made by the superintendent
in interpreting or implementing the provisions of this chapter, or any
permit issued hereunder, may file with the superintendent a written
request for review within ten days of such decision, action, or
determination, setting forth in detail the facts supporting the request.
The superintendent shall complete the review and issue a written
determination within ten days after receipt of the request, unless the
city engineer reasonably extends the time thereof.
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(b)
Written appeal to city engineer. The superintendent's original
decision, action or determination, and action taken after review may
be appealed to the city engineer by the discharger affected by filing
a written appeal with the city engineer within ten days after the
notice of the decision of the superintendent. The written appeal
shall specify what is being appealed and state all pertinent aspects
of the matter. Within thirty days after the written appeal is
filed, the city engineer shall hold a hearing. Notice of the hearing
shall be served personally or by registered or certified mail return
receipt requested, at least ten days before the hearing. Service
may be made upon any agent or officer of a corporation.
(i)
At the time and place designated in the notice, the city engineer
shall hear and consider all relevant evidence. The hearing shall
not be conducted according to the formal rules of evidence. Any
relevant evidence shall be admitted if it is the type of evidence
on which reasonable persons are accustomed to rely on in the
conduct of serious affairs. Hearsay evidence may be used for the
purpose of supplementing or explaining any direct evidence, but
heresay evidence shall not be sufficient by itself to support a
finding unless it would be admissible over objections in civil
actions in courts of competent jurisdiction in this state. The
discharger may represent itself or be represented by anyone of
its choice. The hearing may be continued from time to time.
(2)
Within ten days after the conclusion of the hearing, the city
engineer shall render a written decision and where applicable an
Order of Abatement. This decision shall set forth the factual
findings made by the city engineer, the conclusion reachedj any
abatement required and the date by which such abatement shall
occur. The decision of the city engineer is final.
Section 14.08.440 Summary Abatement
Whenever any discharge or potential discharge causes or constitutes or
reasonably appears to cause or constitute an imminent or immediate danger to
the health or safety of the publiC, the condition or use may be summarily abated
by the city without notice or hearing. Summary abatement shall be ordered only
by the city manager. Summary abatement shall be limited to those actions necessary
to eliminate the immediate threat to the public health and safety. Notice of the
summary abatement shall be served personally or by registered or certified mail,
return receipt requested. Service may be made on any agent or officer of a
corporation. The costs and expenses of a summary abatement may be made a lien on
the property and may be collected pursuant to the procedure set forth in
Section 14.08.480.
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Section 14.08.450 Grounds for Revocation or Modification of Permit
Any user who violates any of the following conditions or any applicable state
and federal regulations, is subject to having a permit revoked or modified by the
city for:
(a) Failure of a user to factually report the wastewater constituents
and characteristics of the discharge;
(b) Failure of the user to report significant changes in operations,
or wastewater constituents and characteristics;
(c) Refusal of reasonable access to the user's premises for the purpose
of inspection or monitoring;
(d) Violation of conditions of the permit.
Section 14.08.460 Revocation or Modification Procedure
(a)
An action to revoke or modify a permit may be initiated in writing
by the superintendent or the city engineer. The initiating request
shall be filed with the city manager and shall set forth grounds for
revocation or modification.
(b)
Within thirty days after the initiating request is filed, the
city manager shall hold a hearing. Notice of the hearing shall be
served personally or by registered or certified mail return receipt
requested at least ten days before the hearing. Service may
be made upon any agent or officer of a corporation. At the time
and place designated in the notice, the city manager shall hear and
consider all relevant evidence. The hearing shall not be conducted
according to the formal rules of evidence. Any relevant evidence
shall be admitted if it is the type of evidence on which reasonable
persons are accustomed to rely on in the conduct of serious affairs,
Hearsay evidence may be used for the purpose of supplementing or
explaining direct evidence, but hearing evidence shall not be
sufficient by itself to support a finding unless it would be
admissible over objections in civil actions in courts of competent
jurisdiction in this state. The discharger may represent itself or
be represented by anyone of its choice. The hearing may be continued
from time to time.
(c)
Within ten days of the conclusion of the hearing, the city manager
shall render a written decision. The decision shall set forth the
factual findings made by the city manager. The city manager may revoke
or modify the terms of the permit. The decision of the city manager is
final.
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Section 14.08.470. Damage, Obstruction or Impairment to Facilities
Any person who intentionally or negligently damages, obstructs or otherwise
impairs a public sewer, water quality control plant or appurtenance thereto
shall be liable for such action and the city may assess the costs of repair
against such person, or seek reimbursement through a court action.
Section 14.08.480 Costs of Abatement
(a)
The superintendent shall keep an itemized statement of costs incurred
by the city in abating or otherwise responding to violations of this
chapter. Once a violation matter is concluded, the superintendent
shall provide a copy of this statement to the discharger and to the
city manager. The discharger may request a hearing before the city
manager to contest the statement of costs. The request for a hearing
shall be made within ten days of receipt of the statement or the
right to hearing shall be deemed waived. The city manager shall review
the statement of costs and any information presented by the discharger,
and may make any necessary revisions, corrections or modifications.
The decision of the city manager is final.
(b) The procedure for recording the statement of costs as a lien against
the property involved shall be as follows:
(1)
If payment of the assessed costs and expenses is not received
by the finance director within thirty days of the date
appearing on the decision of the city manager, the finance
director shall send to the city clerk two originals of a
declaration that payment was not received. Upon receipt of
the declaration of the finance director, the city clerk shall
set a notice and hearing before the city council for the purpose
of adopting a resolution confirming the statement of costs.
(2)
After holding a hearing the city council may adopt a resolution.
The city clerk shall forward to the office of the recorder of
the County of San Mateo one original certification by the
finance director that payment was not received and one
certified true copy of the resolution of the city council
confirming the statement of costs with the statement of costs
attached as an exhibit.
V PENALTIES
Section 14.08.500 Penalties for Violations
Any user who is found to have willfully or negligently failed to comply
with any provision of this chapter, and the orders, rules, regulations and
permits issued hereunder, shall be charged with a misdemeanor for each offense
and, upon conviction, shall be punished in accord with Chapter 1.24 of this
code, unless otherwise specified. Each day on which a violation shall occur
or continue shall be deemed a separate and distinct offense.
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Section 14.08.510 Falsifying Information
Any person who knowingly makes any false statement, representation or
certification in any application, record, report, plan or document filed or
required to be maintained pursuant to this chapter, or who falsifies, tampers
with, or knowingly renders inaccurate any monitoring device or method shall be
subject to misdemeanor prosecution and upon conviction, shall be punished in
accord with the provisions of Chapter 1.24 of this code.
Section 14.08.520 Civil Damages
Any person who intentionally or negligently violates any cease and desist
order or suspension order, or who is in violation of any waste discharge
requirement or other order creates a condition of pollution or nuisance, may
be criminally liable for a sum not to exceed ten thousand dollars for each day
during which such violation or discharge occurs.
Section 14.08.530 Injunction
Whenever a discharge of wastewater is in violation of the provisions of this
chapter or otherwise causes or threatens to cause a condition of contamination,
pollution or nuisance, an injunction may be sought to restrain the continuance
of such discharge.
Section 14.08.540 Cost Recovery by City
In addition to the penalties provided herein, the city may recover reasonable
attorney's fees, court costs, court reporters' fees and other expenses of
litigation against the person found to have violated this chapter or the orders,
rules, regulations, and permits issued hereunder.
Section 14.08.550 Remedies Cumulative
The remedies identified in this chapter are in addition to and do not
supersede or limit any other civil or criminal remedies.
SECTION 3. SEVERABILITY
In the event any section or portion of this ordinance shall be determined
invalid or unconstitutional, such section or portion shall be deemed severable
and all other sections or portions hereof shall remain in full force and effect.
SECTION 4. EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds, pursuant to Title 14 of the California Administrative
Code, Section 15378, that this ordinance is exempt from the requirements of the
California Environmental Quality Act (CEQA) in that:
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(a) It is not a project as provided by the Act, in that it does not
have a potential for resulting in a detrimental physical change in the environment~
directly or ultimately as provided in Title 14~ Section 15378(a);
(b) It is further exempt under the definition of project in
Section 15378(b)(3) in that it concerns general policy and procedure making.
SECTION 5. PUBLICATION AND EFFECTIVE DATE.
Pursuant to the provisions of Government Code Section 36933, a Summary of
this Ordinance shall be prepared by the City Attorney. At least five (5) days
prior to the Council meeting at which this Ordinance is scheduled to be adopted,
the City Clerk shall (1) publish the Summary and (2) post in the City Clerk's
Office a certified copy of this Ordinance. Within fifteen (15) days after the
adoption of this Ordinance, the City Clerk shall (1) publish the Summary, and
(2) post in the City Clerk's office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and
against this Ordinance or otherwise voting. This Ordinance shall become
effective thirty (30) days from and after its adoption.
Introduced at a regular
meeting of the City Council of the City of
South San Francisco, held the 11th day of January , 19 89 .
Adopted as an Ordinance of the City of South San Francisco at a regular
meeting of the City Council of the City of South San Francisco, held the 25th
day of
AYES:
January , 19 89 , by the following vote:
Councilmembers Mark N. Addiego, Jack Drago, Richard A. Haffey,
Gus Nicolopulos, and Mayor Roberta Cerri Teglia
NOES: None
ABSTAIN: None
ABSENT: None
As Mayor of the City of South San Francisco, I do hereby approve the
foregoing Ordinance this 25th
day of January , 19 89