HomeMy WebLinkAboutOrd 1991-2466 ORDINANCE NO. 2466
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTERS
3.14 AND 3.20, AMENDING SECTION 3.16.010, REPEALING
CHAPTER 3.20, TITLE 13 AND CHAPTERS 13.04 THROUGH 13.44
OF TITLE 13, ADDING A NEW TITLE 13 AND NEW CHAPTERS 13.02
THROUGH 13.14 THEREIN, ADDING A NEW TITLE 14 AND
RENUMBERING CHAPTERS 13.48 THROUGH 13.68 TO THE CHULA
VISTA MUNICIPAL CODE RELATING TO SEWERS AND WATERCOURSES
The City Council of the City of Chula Vista does ordain as follows:
SECTION I. That a new Chapter 3.14 entitled "Trunk Sewer Capital Reserve
Fund" is added to the Chula Vista Municipal Code.
SECTION II. That Section 13.14.010 of the Chula Vista Municipal Code is
renumbered as Section 3.14.010, and amended to read:
Section 3.14.010 Establishment of Trunk Sewer Capital Reserve Fund -
Uses.
A. There is established a fund designated as the "Trunk Sewer Capital
Reserve Fund".
B. All revenue derived from the sewer capacity charges (formerly
"sewerage facility participation charges") pursuant to Section
13.14.090 shall be deposited into such Truck Sewer Capital Reserve
Fund.
C. The Trunk Sewer Capital Reserve Fund shall be used solely for the
following purposes unless the City Council shall by four-fifths
(4/5's) vote appropriate such funds for another purpose; provided
such other purpose shall be for the planning, design, or construction
of sewage collection or treatment or water reclamation purposes or
incidental thereto:
1. Paying all or any part of the cost and expense to enlarge sewer
facilities of the City so as to enhance efficiency of utilization
and/or adequacy of capacity in order to effectively serve the
needs of the City;
2. Paying all or any part of the cost and expense to plan and/or
evaluate any future proposals for areawide sewage treatment
and/or water reclamation systems or facilities.
Ordinance No. 2466
Page 2
SECTION III. That Section 3.16.010 of the Chula Vista Municipal Code is
amended to read:
Section 3.16.010 Establishment of Sewer Income Fund - Uses.
All revenue derived from Public Sewer Connection Fees under Sections
13.14.030 through 13.14.080 shall be deposited into the fund designated
as the "Sewer Income Fund" and which may be used only for the
acquisition, construction, reconstruction, maintenance and operation of
sanitation or sewerage facilities; except that such fund may be used, in
the discretion of the City Council, for, pursuant to a written contract,
the reimbursement of subdividers as required by Sections 66486 and 66487
of the Government Code or, pursuant to a written contract, to reimburse
any person who has constructed sewer facilities, to the extent, as
determined by the City Council, that such sewer facilities have benefited
other properties, or to reimburse the City for any expenses incurred in
connection with the construction and installation of any sewer facility,
including but not limited to the cost of engineering work and all costs
in connection with the acquisition of rights-of-way.
SECTION IV. That Chapter 3.20 of the Chula Vista Municipal Code is
repealed and a new Chapter 3.20 entitled "Sewer Service Revenue Fund" is added.
SECTION V. That former Section 3.20.010 of the Chula Vista Municipal
Code is amended to read:
Section 3.20.010 Establishment of Sewer Service Revenue Fund - Uses.
A. There is established a fund designated as the "Sewer Service Revenue
Fund".
B. Except for the amounts deposited in the Sewerage Facilities
Replacement Fund pursuant to Section 3.18.010 all revenue derived
from sewer service charges set forth in Section 13.14.110 shall be
deposited into such Sewer Service Revenue Fund.
C.Nothing herein shall be construed as superseding or conflicting with
the existing Sewer Income Fund.
D. The fund shall be used solely for the following purposes unless the
City Council shall by four-fifths (4/5's) vote appropriate such funds
for another purpose provided such purpose shall be for the
construction, maintenance or operation of sewers or incidental
thereto, including any charge for its collection:
1.Paying the cost of maintenance and operation of the sewer system
of the City;
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Page 3
2. Paying all or any part of the cost and expense of extending,
constructing, reconstructing or improving the sewer system of the
City or any part thereof;
3. Reimbursing persons who have constructed sewer facilities and who
have entered into a reimbursement agreement with the City;
4. Paying for the San Diego metropolitan sewer annual capacity
charge;
5. Paying for the San Diego metropolitan sewer annual maintenance
and operation charge and periodic industrial waste program
charges.
6. Any purpose authorized for Sewer Income Fund utilization.
SECTION VI. That Title 13 and Chapters 13.04, 13.08, 13.12, 13.14,
13.16, 13.20, 13.24, 13.28, 13.32, 13.40, and 13.44 of the Chula Vista
Municipal Code are repealed.
SECTION VII. That a new Title 13 entitled "SEWERS" is added to the Chula
Vista Municipal Code to read as follows:
TITLE 13 SEWER
CHAPTER 13.02
PURPOSE, SCOPE AND POLICY
Section 13.02.010 Purpose.
The purpose of this Title is to provide for the maximum beneficial public
use of the City's Wastewater System or Facilities through adequate
regulation of sewer construction, sewer use and industrial wastewater
discharge, to provide for equitable distribution of the City's costs, and
to provide procedures for complying with wastewater discharge
requirements placed upon the City through interagency agreement or by
other State or Federal regulatory bodies.
Section 13.02.020 Scope.
This Title shall be interpreted in accordance with the definitions set
forth herein and the provisions of this ordinance shall apply to the
direct or indirect discharge of all waste into the City's wastewater
system.
Ordinance No. 2466
Page 4
This Title, among other things, provides for the regulation of sewer
construction in areas within the City's boundaries, the quantity and
quality of discharged wastes, the degree of waste pretreatment required,
the setting of waste discharge fees to provide for equitable distribution
of costs, the approval of plans for sewer construction, the issuance of
Permits for Industrial Wastewater Discharge and of other miscellaneous
permits, and the establishment of penalties for violation of this Title.
Section 13.02.030 Liquid Waste Disposal Policy.
The City builds and operates and/or contracts for public sewers and
wastewater facilities collectively known as the City's wastewater system,
which serves homes, industries and commercial establishments. The
following policies apply to wastewater discharges within the City's
boundaries and to other discharges that are tributary to the City's
wastewater facilities.
Generally, wastewater originating withn the City's boundaries will be
removed by the City's wastewater system unless the wastewater will (1)
damage structures, (2) create nuisances (such as odors, etc.), (3)
endanger public health, (4) impose unreasonable collection, treatment or
disposal costs on the City, (5) interfere with wastewater treatment
processes, (6) fail to meet quality requirements set by regulatory
government agencies or interagency agreements, or (7) detrimentally
affect the local environment.
The City in its General Plan adopted in July 1989, has endorsed the
concept of wastewater renovation and reuse in order to conserve water to
provide an alternate source of water supply and to reduce the overall
costs of wastewater treatment and disposal. The renovation of wastewater
through secondary and/or tertiary wastewater treatment processes will
necessitate the imposition of stringent quality requirements on
industrial wastewater discharges.
To comply with the Federal Water Pollution Control Act and the Federal
Clean Water Act and to permit the City to meet increasingly higher
standards, provisions are made in this Title for the regulation of
industrial wastewater discharges. This Title establishes quantity and
quality limitations on industrial wastewater discharges. Provisions are
also made for cost recovery from industrial wastewater dischargers where
the discharges impose inequitable collection, treatment or disposal costs
on the City.
The City does prefer and encourage industrial wastewater dischargers to
reach beyond simple compliance with limitations set upon their
discharges, and to incorporate recovery and reuse provisions into their
procedures to the maximum extent feasible. Optimum use of the City's
wastewater facilities may require that certain industrial wastewaters be
discharged during periods of low flow in the City's wastewater system.
Ordinance No. 2466
Page 5
CHAPTER 13.04
DEFINITIONS
Section 13.04.010 Definition.
Unless otherwise defined herein, terms relating to water and wastewater
shall be as adopted in the latest edition of Standard Methods for the
Examination of Water and Wastewater, published by the American Public
Heal th Association, the American Water Works Association and the Water
Pollution Control Federation.
The meaning of other various terms as used in this ordinance shall be as
follows:
A. "Agent" shall mean any person duly authorized by the City to perform
specific work upon sewerage facilities under permit or under contract.
B. "Applicant" shall mean a person, partnership, entity, firm,
association, corporation, or public agency applying for connection to
a public sewer, approval of plans to construct or to modify
wastewater facilities, or for a Permit for Industrial Wastewater
Discharge.
C. "Building" shall mean a structure containing one or more fixtures and
separated from any other structure.
D. "Building Sewer" shall mean a privately maintained sewer which
extends across private property from a building to a sewer lateral,
public sewer, or private sewer.
E. "City Manager" shall mean the City Manager of the City of Chula Vista.
F. "Director" shall mean the Director of Public Works or designee.
G. "Discharger" shall mean any person who discharges or causes a
discharge of wastewater directly or indirectly into the City's
Wastewater System or Facilities.
H. "Domestic Wastewater" shall mean the liquid and waterborne wastes
derived from the ordinary living processes in a dwelling unit, said
wastes being of such character as to permit satisfactory disposal,
without special treatment, into a public sewer.
I. "Fixture" shall mean any plumbing or wastewater outlet requiring a
trap or vent.
Ordinance No. 2466
Page 6
J. "Food Establishment" shall mean a food establishment as defined in
Health and Safety Code section 27520, as it may be amended from time
to time.
K. "Grease Pretreatment Device" shall mean a device conforming to the
Uniform Plun~bing Code requirements for grease .interceptors and/or
grease traps approved by the Director and the Director of Building
and Housing and designed to remove grease from wastewater before it
enters the Building Sewer.
L. "Industrial Wastewater" shall mean all wastewater, including all
wastewater from any producing, manufacturing, processing,
institutional, commercial, service, agricultural, or other operation,
including food establishments, which are required to be controlled by
Federal, State of California or local regulations or which interfere
with the operation and maintenance of the Wastewater System or
Facilities. These exclude domestic wastewater, but may also include
wastes of human origin similar to domestic wastewater.
M. "Mass Emission Rate" shall mean the weight of a specific material
discharged to the public sewer during a given time interval.
N. "Parcel" shall mean a piece of land as described or shown upon
current records of the County Recorder of San Diego County.
O. "Person" shall mean any individual, partnership, entity, firm,
association, corporation or public agency including the State of
California and the United States of America.
P. "Public Sewer" shall mean a sewer owned and operated by the City
which is tributary to treatment or reclamation facilities operated or
utilized by the City of Chula Vista.
Q. "Private Sewer" shall mean a privately maintained sewer constructed
from its connection with a public sewer across public and/or private
property to provide sewer service to two or more individual parcels
of record, and for which a written agreement pursuant to Section
13.08.090 has been filed with th Director.
R. "Sewage" shall have the same meaning as "Wastewater".
S. "Sewer Connection" shall mean the physical facilities involved and/or
the act of construction of a viable juncture between a building sewer
or private sewer, and sewer lateral or the public sewer system.
T. "Sewer Lateral" shall mean a four or six inch diameter privately
maintained sewer constructed from its connection with a public sewer
across public property to the boundary of such public property so as
to provide sewer service to buildings or structures situated upon an
individual parcel of record.
Ordinance No. 2466
Page 7
U. "Sewer Service" shall mean the service and benefits derived through
utilization of the public sewer system.
V. "Standard Methods" shall mean procedures described in the current
edition of Standard Methods for the Examination of Water and
Wastewater, as published by the American Public Health Association,
the American Water Works Association and the Water Pollution Control
Federation.
W. "Suspended Solids" shall mean any insoluble material contained as a
component of wastewater and capable of separation from the liquid
portion of said wastewater by laboratory filtration as determined by
the appropriate testing procedure and Standard Methods.
X. "Treatment Facilities" shall mean facilities owned or utilized by the
City in the treatment of wastewater or for the reclamation of
wastewater.
Y. "Waste" shall mean any and all waste substances, liquid, solid,
gaseous, or radioactive, associated with human habitation, or of
human or animal origin, or from any producing, manufacturing,
processing, institutional, commercial, service, agricultural, food
preparation or other operation.
Z. "Wastewater" shall mean waste and water, whether treated or
untreated, discharged directly or indirectly into or permitted to
enter a public sewer. "Wastewater" includes both Domestic and
Industrial wastewater.
AJ~. "Wastewater Constituents and Characteristics" shall mean the
individual chemical, physical, bacteriological or radiological
parameters, including volume, flow rate and such other parameters
that define, classify or measure the quality and quantity of
wastewater.
BB. "Wastewater System or Facilities" shall mean any and all public
facilities used by the City for collecting, conveying, pumping,
treating, disposing and reclaiming wastewater.
CHAPTER 13.06
GENERAL PROVISIONS
Section 13.06.010 Administration.
The Di rector of Public Works (Di rector) shall administer, implement and
enforce the provisions of this Title. Any powers granted to or duties
Ordinance No. 2466
Page 8
imposed upon the Director may be delegated by the Director to persons in
the employ of the City, or pursuant to contract.
The Di rector shal 1 make and enforce regu1 ations necessary to the
administration of this ordinance and may recommend that the Council amend
such regulations from time to time as conditions require. These
regulations shall be consistent with the general policy established
herein by the City Council and shall be subject to prior review and
approval by the City Council.
Section 13.06.020 Time Limits.
Any time limit provided in any written notice or in any provision of this
Title may be extended only by a written directive of the Director.
Section 13.06.030 Inspection and Sampling - General.
A. The Director may cause inspection and sampling of every facility
involved directly or indirectly with the discharge of wastewater to
the City's wastewater system as deemed necessary. These facilities
shall include, but not be limited to, sewer laterals, sewer
connections, private sewers, public sewers, wastewater pumping
stations, pollution control plants, all industrial processes, food
establishment facilities or other facilities which may discharge
grease and oil at levels which cause blockages to the sewer,
industrial wastewater generation, facilities, conveyance and
pretreatment facilities, and all similar wastewater facilities.
Inspections may be made to determine that such facilities are
constructed, maintained and operated properly and are adequate to
meet the provisions of this chapter.
B. Owners, users and operators of all facilities directly or indirectly
connected to the City's wastewater system, whether under construction
or completed shall give access to authorized personnel or
representatives of the City at all reasonable times including those
occasioned by emergency conditions. Any permanent or temporary
obstruction to easy access to the wastewater facility to be inspected
shall promptly be removed by the facility, owner, user or operator at
the written or verbal request of the Director and shall not be
replaced.
No person shall interfere with, delay, resist or refuse entrance to
an authorized City inspector attempting to inspect any wastewater
generation, conveyance or treatment facility connected directly or
indirectly to the City's wastewater system, and the provisions of
Chapter 1.16 of this Code shall not apply.
Ordinance No. 2466
Page g
C. The City, through its representatives or inspectors, shall have the
right to inspect and copy pertinent records relating to a permittee's
wastewater discharge or pretreatment operations including
inventories, chemical usage, materials, sources, hazardous materials
manifests and disposal records, treatment and operations log books
and materials invoices.
D. The Director shall provide adequate identification for all inspectors
and other authorized personnel, and those persons shall identify
themselves when entering any property for inspection purposes or when
inspecting the work of any contractor
Section 13.06.040 Recording of Receipt of Monies.
The Director shall keep a permanent and accurate account of all fees,
costs, charges, and civil penalties received under this Title, giving the
names and addresses of the persons on whose account such monies were
paid, the date and amount thereof and the purpose for which paid.
Section 13.06.050 Estimated Quantities and Values.
Unless otherwise provided herein, whenever the fees and charges required
by this Title are based on estimated values or estimated quantities, the
Di rector shall make such determinations in accordance with established
estimating practices.
Section 13.06.060 Interference with City's Wastewater System or
Facilities.
It is unlawful for any person to will fully enter, break, destroy,
uncover, open, restrict flow, bury, deface or tamper with any sewer or
any structure, equipment or appurtenance which is part of the City's
Wastewater System or Facilities.
Section 13.06.070 Falsifying Information.
It is unlawful for any person to knowingly make any false statement,
representation, record, report, plan or other document filed with the
Director or to falsify, tamper with or knowingly render inaccurate any
monitoring device or method required under this Title.
Section 13.06.080 Discharge as a Public Nuisance.
Discharge of wastewater in any manner in violation of this Title or in
violation of any order issued by the Director as authorized by this
Ordinance No. 2466
Page lO
Title, is hereby declared unlawful and a public nuisance and shall be
corrected or abated as directed by the Director.
Section 13.06.0g0 Costs of Damage or Cleanup.
Any person who violates any of the provisions of this Title or who
otherwise causes a deposi t, obstruction, damage or any other impairment
to the City's wastewater system or facilities is liable to the City for
all damages, losses or expenses of cleanup or repair occasioned the City
by reason of such violation or discharge. Additionally, this Title is
intended to create a private cause of action in any person, suffering
damages, losses or expenses as a result of such violation.
Section 13.06.100 Administrative Enforcement.
A. Termination of Service.
When deemed necessary for the preservation of public health or safety
or for the protection of public or private property, the Director may
notify any person or persons using the wastewater system in a manner
or way to endanger the public health or safety, or public or private
property, in writing of intention to suspend sewer service. In case
of emergency, the Director may act immediately to suspend sewer
service without notice or warning to said person or persons. In
suspending service the Director may sever all pertinent connections
to the public sewer.
If service is so suspended, the Director shall keep an account of the
cost of suspension and remedy of the emergency situation, and bill
the property owner and/or other person responsible therefor. The
Director shall give the affected person(s) notice of and opportunity
for hearing on the need for and the cost of emergency action as soon
as practicable after taking such action.
B. Revocation of Permit.
The Director may revoke any Industrial Wastewater ~Discharge Permit
and terminate if a violation of any provision of this. Title is found
to exist or if a discharge of wastewater causes or threatens to cause
a condition of contamination, pollution or nuisance. Such revocation
shall be carried out pursuant to Section 13.06.110. This provision
is cumulative of other statutes or rules authorizing termination of
service for delinquency in payment and other civil, criminal or
administrative enforcement actions provided for in this Title.
Ordinance No. 2466
Page 11
C. Civil Penalties.
Any person who violates any provision of this Title or permit
condition or who discharges wastewater which adversely affects the
wastewater system or facilities, or who violates any cease and desist
order or prohibition issued by the Director, or national pretreatment
standard shall be liable civilly for a penalty not to exceed $1,000
for each day in which such violation occurs, not to exceed $100,000
in tara1. Imposition of such civil penalties shall be pursuant to the
procedures set forth in Section 13.06.010.
D. Recalculation of Sewer Service Charges
1. When the Director determines that the permittee is discharging a
flow rate, or a quantity of flow, chemical oxygen demand,
suspended solids or other constituent in excess of that
authorized by the permit or in excess of the quantities reported
to the Di rector by the permittee, the Director shall recal cul ate
the sewer service charge. The Director may further institute
proceedings to revoke the permit, or upon application may issue
an amended permit.
2. The data obtained in samplings or any other relevant information
obtained by.the Director or presented by the permittee, shall be
used by the Director as the quantity parameters used to
determined a correct sewer service charge. When the Director
makes a determination pursuant to subdivision D 1,above, in the
absence of other evidence, the Director shall presume that the
permittee/discharger was discharging at the determined parameter
values over the preceding three (3) years or since the Director's
previous verification of quantity parameters, whichever period is
shorter.
The permittee shall be assessed for all delinquent sewer service
charges together with penalty and interest. Before these charges
shall be assessed, at least two additional 24-hour samples and
flow measurements shall be obtained by the Director, with all
costs of sampling and analyses to be paid by the permittee.
Imposition of said delinquent charges, penalties and interest
shall be pursuant to the procedures set forth in section
13.06.110.
Section 13.06.110 Administrative Notice, Hearing and Appeal Procedures.
A. Unless otherwise provided herein, any notice required to be given by
the Director under this Title shall be in writing and served in
person or by registered or certified mail. If served by mail, the
notice shall be sent to the last address known to the Director.
Ordinance No. 2466
Page 12
Where the address is unknown, service may be made upon the owner of
record of the property involved. Such notice shall be deemed to have
been given at the time of deposit, postage prepaid, in a facility
regularly serviced by the United States Postal Service whether or not
the registered or certified mail is accepted.
B. Except for emergency suspension of sewer service (as provided in
Section 13.06.100 A), when the Director determines that a violation
of one or more provisions of this Title exists or has occurred any
violator(s) or property owner(s) of record may be served by the
Director with a written Notice and Order. The Notice and Order shall
state the Municipal Code Section violated, describe how violated, the
location and date(s) of the violation(s), and describe the corrective
action required. The Notice and Order shall require immediate
corrective action by the violator(s) or property owner(s) and explain
which method(s) of administrative enforcement are being utilized by
the Director: suspension of sewer service; revocation of permit;
civil penalties; and/or recalculation of sewer service charges. The
Notice and Order shall also explain the consequences of failure to
comply, including that civil penalties begin to immediately accrue if
compliance is not achieved within ten (lO) days from the date the
Notice and Order is issued. The Notice and Order shall identify all
hearing rights. The Director may propose any enforcement action
reasonably necessary to abate the violation.
C. If the violation(s) is not corrected within ten (lO) days from the
date the Notice and Order is issued, the Director shall request the
City Manager to appoint a Hearing Officer and fix a date, time, and
place for hearing. The Director shall give written notice thereof to
the violator(s) or owner(s) of record, at least ten (lO) days prior
to the date for hearing.
1. The Hearing Officer shall consider any written or oral evidence
presented to determine whether the violation(s) exists, service
should be terminated, the permit should be revoked, suspended, or
modified, civil penalties should be imposed, and/or sewer service
charges should be imposed, consistent with rules and procedures
for the conduct of hearings and rendering of decisions
established and promulgated by the City Manager.
2. In determining whether action regarding a permit should be taken,
or the amount of a civil penalty to be imposed, the Hearing
Officer may consider any of the following factors:
a. Duration of the violation(s).
b. Frequency or recurrence.
c. Seriousness.
Ordinance No. 2466
Page 13
d. History.
e. Violator's conduct after issuance of the Notice and Order.
f. Good faith effort to comply.
g. Economic impact of the penalty on the violator(s).
h. Impact of the violation on the community.
i. Any other factor which justice may require.
3. If the violator(s) or owner(s) of record fail to attend the hearing,
it shall constitute a waiver of the right to a hearing and
adjudication of all or any portion of the Notice and Order.
4. The Hearing Officer shall render a written decision within ten (lO)
days of the close of the hearing, including findings of fact and
conclusions of 1 aw, identifying the time frame involved and the
factors considered in assessing civil penalties, if any, or
recalculation of sewer service charges, as appropriate. The decision
shall be effective immediately unless otherwise stated in the
decision. The Hearing Officer shall cause the decision to be served
on the Director and all participating violators or owners of record.
5. If the persons assessed recalculated sewer service charges or civil
penal ties fail to pay them within the time specified in the Hearing
Officer's decision, the unpaid amount constitutes either a personal
obligation of the person assessed or a lien upon the real property on
which the violation occurred, in the discretion of the Director. If
the violation(s) is not corrected as directed the recalculation/civil
penalty continues to accrue on a daily basis. Civil penalties may not
exceed $100,OOO in the aggregate. When the violation is subsequently
corrected, the Director shall notify the violator(s) and/or owner(s)
of record of the outstanding recalculated sewer service charges
and/civil penalties, and provide an opportunity for hearing if the
amount(s) is disputed within ten (lO) days from such notice.
6. The Director shall take all appropriate legal steps to collect these
obligations, including referral to the City Attorney for commencement
of a civil action to recover said funds. If collected as a lien, the
Director shall cause a notice of lien to be filed with the County
Recorder, inform the County Auditor and County Recorder of the amount
of the obligation, a description of the real property upon which the
lien is to be recovered, and the name of the agency to which the
obligation is to be paid. Upon payment in full, the Director shall
file a release of lien with the County Recorder.
Ordinance No. 2466
Page 14
Section 13.06.120 Judicial Enforcement.
A. Criminal Penalties.
Notwithstanding Section 1.20.01 O, any person who viol ates any
provision of this Title or permit condition or who discharges
wastewater which adversely affects the wastewater system or
facilities or who violates any cease and desist order, prohibition or
national pretreatment standard shall be punished, upon conviction, by
a fine of not to exceed $10,000 for each d~ in which such violation
occurs, or for imprisonment in the County Jail for not more than one
(1) year or both.
B. Injunction/Abatement of Public Nuisance.
Whenever a discharge of wastewater is in violation of the provisions
of this Title or otherwise causes or threatens to cause a condition
of contamination, pollution or nuisance, the Director m~ also cause
the City to seek a petition to the Superior Court for the issuance of
a preliminary.or permanent injunction or both, or an action to abate
a public nuisance, as may be appropriate in restraining the
continuances of such discharge.
C. Other Civil Action.
Whenever a Notice and Order or Hearing Officer's decision is not
complied with, the City Attorney may, at the request of the Director,
initiate any appropriate civil action in a court of competent
jurisdiction to enforce such Notice and Order or decision, including
the recovery of any unpaid sewer service charges or civil penalties
provided for therein.
CHAPTER 13.08
PERMITS, PLANS, CONSTRUCTION, INSPECTION AND
USE OF WASTEWATER FACILITIES
Section 13.08.010 Director - Duties.
The Director shall issue permits, review plans, inspect and make
permanent record of:
A. All wastewater facility construction, repairs, sewer connections and
disconnections within public right-of-way.
B. All industrial wastewater pretreatment facility construction and
repairs upon private property.
Ordinance No. 2466
Page 15
Section 13.08.020 Connections to Public Sewers - Wastewater Facility
Construction - Plans and Permits - Required.
A. No person, other than employees of the City, shall construct, connect
or disconnect any public or private wastewater facilities within the
public right-of-way without first obtaining approval of plans and a
permit from the Di rector, unless such work is performed under written
contract or agreement with the City. A permit shall not be
assignable or transferable and shall become void after sixty (60)
days if work for which the permit is issued has not commenced..
B. Application for permit must be made in writing to the Di rector by the
owner of the property to be sewered, or authorized agent. The
application shall be of such form and content as required and
provided by the Director.
C. The applicant shall submit to the City for approval, construction
plans and such specifications and other details as required to
describe fully the proposed wastewater facility. The plans shall
have been prepared under the supervision of and shall be signed by an
engineer of suitable training registered in the State of California.
Section 13.08.030 Conformity of Plans for Wastewater Facilities to City
Standards.
Construction plans, specifications and details as necessary to fully
describe a proposed wastewater facility or wastewater facility
modification shall be in full conformity with the foll owing documents as
adopted, and amended from time to time, by the Chula Vista City Council:
A. "Standard Specifications for Public Works Construction" published by
BNi Books.
B. "Design Standards 1990 Construction Standards" by Chula Vista
Department of Public Works
C. "City of Chula Vista Subdivision Manual"
D. "San Diego Area Regional Standard Drawings" by San Diego County
Department of Public Works
Copies of all such documents shall be available at the Office of the
Director.
Ordinance No. 2466
Page 16
Section 13.08.040 Inspection, Backfilling and Testing of Wastewater
Facilities.
A. All construction or modification of wastewater facilities, whether
under permit, agreement with the City or City contract, shall be
inspected by City forces during construction so as to assure full
compliance with approved plans, specifications and details in
addition to adopted City standards as referenced in Section 13.08.030.
B. No person other than duly authorized employees of the City shall
backfill any trench or excavation made for the purpose of
constructing a wastewater facility until the pipe or structure
therein shall have been inspected by the Director and written
approval has been given in such form as may be determined by the
Director. The entire length of pipe shall be fully exposed for
inspection. At least twenty-four (24) hour notice shall be provided
in advance of such sewer inspection.
C. The Director may employ such tests as deemed necessary in testing
sewers and other wastewater facilities. The Contractor shall furnish
all tools, labor and assistance necessary for such tests.
Section 13.08.050 Sewer Service Required.
All buildings which contain any plumbing fixtures and for which, in the
opinion of the Director, service via the public sewer system is
reasonably feasible, must be connected to the public sewer system.
Section 13.08.060 Sewer Connections and Sewer Laterals - Work to be Done
by City.
All sewer connections and all sewer lateral installations within public
right-of-way shall be done by the City or its authorized agents.
Section 13.08.070 Limitations on Point of Discharge.
No person shall discharge any substance(s) directly into a manhole or
other opening in a public sewer other than through an approved sewer
connection.
Section 13.08.080 Location of Sewer Connection Authority of Director to Designate.
The Director shall have the authority to designate the public sewer to '
which any building shall be connected, considering all engineering
factors and all outstanding financial obligations, and the owner of any
Ordinance No. 2466
Page 17
building may be required to install pumps or e3ectors to discharge part
of or all sewage into the public sewer designated by the Director.
Section 13.08.090 Separate Sewer Lateral Required and Allowable
Deviations.
Every building or parcel in need of sewer service shall be served by a
separate and individual sewer lateral. Deviations from this requirement
may be granted by the Director after plans have been submitted to and
approved by the Building and Housing Department and the Public Worked
Department Engineering Division and it has been determined that the
deviation will provide a practical sewage disposal system and will not
impose a financial burden upon the City or relieve the property owner(s)
from any financial obligation in connection with the cost of public sewer
or other sewerage facilities designed to provide sewer service to the
subject building(s) or parcel(s). The Director my authorize use of the
same sewer lateral in any of the following circumstances of deviation:
A. Where more than one building is situated upon the same parcel, all of
which are owned by the same person, and said parcel my not legally
be split or subdivided, or said owner agrees in a written instrument
suitable for recordation that all of said parcel will be held under
the same ownership as long as independent sewer laterals are not
provided;
B. Where public school districts, governmental agencies or large
commercial or industrial installations are involved;
C. Where two or more parcels are involved; provided that a written
agreement concerning use of the lateral and requiring private
responsibility for the future costs of maintenance and repair of the
lateral has been filed with the Director, fully executed and in a
form suitable for recordation.
Section 13.08.100 Reuse of Old Sewer Laterals.
No new building or other structure shall be provided sewer service via a
previously used sewer lateral within public right- of-way unless such
used lateral has been inspected and approved in writing by the Director.
Section 13.08.110 Occupancy of Premises with Unapproved Sewer Lateral.
It is unlawful for any person to use or occupy any building until the
sewer lateral and building sewer serving such building has been inspected
and approved by the Director and the Director of Building and Housing, or
their duly authorized representatives, and a Certificate of Occupancy or
final inspection approval has been issued.
Ordinance No. 2466
Page 18
CHAPTER 13.10
INDUSTRIAL WASTEWATER
Section 13.10.OlO Industrial Wastewater Discharge - Permit Required.
No person shall discharge industrial wastewater into the Wastewater
System or Facilities without a permit (Permit for Industrial Wastewater
Discharge) issued therefor by the Director.
Section 13.10.020 Permit Application.
A. Persons seeking an Industrial Wastewater Discharge Permit shall
complete and file with the Director an application in the form
prescribed by the Director and accompanied by the applicable fees as
set forth in the Master Fee Schedule as modified from time to time by
Resolution of the City Council. The technical data submitted shall
be pro3ected or actual, dependent upon. applicable circumstance. The
applicant may be required to submit, ~n units and terms appropriate
for evaluation, the foll owing information:
1. Name, address and Standard Industrial Classification number of
applicant;
2. Volume of wastewater to be discharged;
3. Wastewater constituents and characteristics including but not
necessarily limited to those mentioned in Section 13.12.010
entitled "Prohibited Discharges," all as determined by a
laboratory approved by the City;
4. Time and duration of discharge;
5. Average and 30-minute peak wastewater flow rates, including
daily, monthly and seasonal variation if any;
6. Description of activities, facilities and plant processes on the
premises including all materials which are or could be discharged;
7. Plans or diagrams depicting location of on-site sewer lines
pumping stations and any reclamation or pre-treatment facilities.
8. Time of food preparation operations (only required for Food
Establishments}.
Ordinance No. 2466
Page 19
9. Description of food preparation, type, number of meals served,
cleanup procedures, dining room capacity, number of employees and
number of fixtures (only required Food Establishments).
lO. Any other information as may be deemed by the Director to be
necessary to evaluate the permit application.
B. The Director will review the data furnished by the applicant and may
require submission of additional information, and may require
approval by other concerned city departments. After review and
acceptance of the data furnished an on-site inspection of the site
and/or the industrial wastewater discharge system or other systems or
processes relating to the industrial wastewater discharge may be
required.
Section 13.10.030 Industrial Wastewater Discharge Permit Issuance
Standards.
An Industrial Wastewater Discharge Permit shall be issued only if the
Director concludes from the information provided in the application, any
additional required information, and/or site inspection, that the
permitted discharge will not:
A. be in violation of Section 13.12.010.
B. damage the Wastewater System or Facilities.
C. impose unreasonable collection, treatment or disposal costs on the
City.
D. interfere with wastewater treatment or reclamation processes.
E. be in violation of the Federal Water Pollution Control Act, the
Federal Clean Water Act and California regulatory agencies
requirements.
F. be in violation of the requirements of applicable interagency
agreements to which the City is signatory.
G. detrimentally affect the local environment.
Section 13.10.040 Industrial Wastewater Discharge Permits - Approval -
Contents - Display.
A. The Director shall approve issuance of an Industrial Wastewater
Discharge Permit when the application therefor i s in full conformity
with Sections 13.10.020 and 13.10.030.
Ordinance No. 2466
Page 20
B. The Director may conditionally approve the permit. The Industrial
Wastewater Discharge Permit may include quantity or quality
restrictions, submission of periodic reports, pre-treatment of
industrial wastewaters before discharge, restriction of peak flow
discharges, discharge of certain wastewaters only to specified sewers
of the City, relocation of point of discharge, prohibition of
discharge of certain wastewater components, installation of
monitoring and/or metering facilities, restriction of discharge to
certain hours of the day, payment of additional charges to defray
increased costs of the City created by the wastewater discharge,
repayment of costs incurred by the City (relative to compliance
tests, violations of the terms of the permit, non-routine inspections
and administrative activities) and such other conditions as may be
required to effectuate the purpose of this Title.
C. The Industrial Wastewater Discharge Permit shall specify what
discharges are permitted, any conditions imposed, and that it is
issued subject to all provisions of this Title and all other
regulations, user charges and fees established from time to time by
ordinance or resolution of the City Council, as well as reimbursement
of enforcement costs incurred by the City.
D. The permittee shall promptly post and continuously display the
Permit, or accurate and complete copies thereof, at such bulletin
board or other prominent place or places as to assure its
availability to persons associated with the industrial wastewater
discharge system or other systems or processes relating to the
permitted industrial wastewater discharge.
Section 13.10.050 Duration of Industrial Wastewater Discharge Permits.
A. Permits shall be issued for a specified time period, not to exceed
five (5) years. A permit may be issued for a period less than a year
or may be stated to expire on a specific date.
B. Multi-year permits for all years other than the first year shall be
subject to submission of a renewal request and payment of an annual
permit fee thirty days prior to the annual anniversary date of permit
issuance. Single-year and the last year of multi-year permits expire
on the date specified and therefore require submission of a new
application for an Industrial Wastewater Discharge Permit and payment
of the appropriate permit fee at least thirty days prior to the
permit expiration date if the permit holder desires to continue
operations.
C. Any permit for which appropriate application or renewal forms and
annual permit fees {for mul ti-year permits) have not been received by
Ordinance No. 2466
Page 21
the expiration or anniversary date, as appropriate, shall be
considered expired or abandoned, and the Director shall take
appropriate enforcement action.
Section 13.10.060 Amended Permits - Fee.
In addition to amended permits issued upon application of the permit
holder, any Industrial Wastewater Discharge Permit shall be subject to
amendment by the Director at any time during the life of the permit for
any of the following reasons:
A. Existence of flows, concentrations or facilities not in conformance
with the permit.
B. Changes in State or Federal regulations.
C. Imposition of mass discharge limits.
D. Modifications to the list of prohibited discharges as shown in
Section 13.12.010.
The Director shall issue an amended permit with such conditions as
appropriate. No fee shall be charged for issuance of an amended permit
pursuant to items B, C or D above. The fee for an amended permit
initiated by a permittee, or by the Di rector necessitated by conditions
described in item A above, shall be in the amount set forth in the Master
Fee Schedule and paid by the holder of the permit. Any changes or new
conditions in a permit shall include a specified reasonable time schedule
for compliance.
Section 13.10.070 Transfer of an Industrial Wastewater Discharge Permit
or Changed Use.
Each Industrial Wastewater Discharge Permit shall be issued to a specific
permittee for a specific location, specific use and specific operation.
Any sale, lease, transfer or assignment of the premises or operation for
which the permit was issued shall require notice to the City and City
approval which shall not be unreasonably withheld. If the current
operator, or, upon sale, lease, transfer or assignment, the new operator,
changes any condition of operation, an amended permit shall first be
applied for and obtained.
Section 13.10.080 Revocation of Industrial Wastewater DIscharge Permit.
A. The Director ma~v revoke the permit of any permi tree who is found to
be in violation of this chapter, or any applicable local, State or
Federal law or regulation, or who:
Ordinance No. 2466
Page 22
1. Fails to factually report the wastewater constituents and
characteristics of its discharge;
2. Fails to report significant changes in operations or wastewater
constituents and characteristics;
3. Refuses reasonable access to the permittee's premises for the
purpose of inspection or monitoring;
4. Fails to pay for other than the first year of a multi-year
permit, appropriate charges, fees and reimbursements within
thirty (30) days prior to the annual anniversary date of permit
issuance.
5. Fails to pay compliance costs within thirty (30) days following
billing.
6. Causes or threatens to cause a condition of contamination,
pollution, or nuisance;
7. Fails to install grease pretreatment devices as required by the
permit (re food establishments).
8. Fails to fulfill reporting requirements or pretreatment
maintenance as required by the permit (re: food establishments).
9. Violates any condition of the permit; or
10. Transmits false information relative to its operations or
discharge.
B. The Director shall give the permittee written notice of intention to
revoke the ermit in accordance with the procedure set forth in
section 13. ~ll .
0 0
Section 13.10.090 Mass Discharge Limits.
The Director shall have the right to impose mass discharge limits in lieu
of, or in conjunction with concentration discharge limits. Any such
modifications shall be in writing and shall be incorporated into amended
Industrial Wastewater Discharge Permits.
Section 13.10.100 Permit Conditions, Supplemental Reports.
The Director may at any time, with reasonable notice, require submission
of data and/or information in addition to that required in the permit
application or upon the permit. Such supplemental report may include but
6rdi~ia~,ce No. 2466
Page 23
not be limited to changes in nature of process, volume, hourly rates of
flow, mass emission rate, production quantities, hours of operation or
other information which relates to the generation of waste, including
specified constituents and characteristics of the wastewater discharge.
Such report may also include the chemical constituents and quantity of
liquid or gaseous materials stored on site even though they may not
normally be discharged.
Section 13.10.110 Supplemental Sampling and Monitoring Requirements.
A. The Director may at any time with reasonable notice require
permittees to provide results of periodic measurements of its
discharge which include chemical analyses and/or flow. The Director
may require a sampling and/or a monitoring facility to be furnished
and operated at permittee's expense.
B. All permittees required to provide a monitoring facility shall
furnish and install at an appropriate location a calibrated flume,
weir, flow meter or similar device approved by the Director suitable
to measure flow rate and total volume. In lieu of wastewater flow
measurement and when deemed appropriate, the Director may accept
records of periodic water meter readings and adjust the flow volume
by suitable factors to determine peak and average flow rates for the
specific industrial wastewater discharge.
C. The sampling and/or monitoring facility should normally be situated
on the permittee's premises, but the Director may, when such a
location would be impractical or cause undue hardship on the user, by
encroachment permit separately applied for, allow the facility to be
constructed in the public street or sidewalk area and located so that
it will not be obstructed by landscaping or parked vehicles.
D. Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the
Director's requirements and shall be completed within 90 days
following written notification by the Director unless a time
extension is granted by the Director.
E. Those permittees required by the Director to make periodic
measurements of industrial wastewater flows and constituents shall
annually make the number of such periodic measurements as required in
the permit.
F. When requi red by the Di rector, permittees shall install and maintain
in proper order automatic flow-proportional sampling equipment and/or
automatic analysis and recording equipment.
Ordinance No. 2466
Page 24
G. Permittees shall allow the City or its representatives ready access
at all reasonable times to all parts of the premises for purposes of
sampling or in the performance of any of their duties. The Director
shall have the right to set up on the permittee's property such
devices as are necessary to conduct sampling or metering operations.
Where a permittee has security measures in force, the permittee shall
make the necessary arrangements with their security guards so that
upon presentation of suitable identification, personnel of the City
shall be permitted to enter without delay.
H. All sampling, analysis and flow measurement procedures, equipment,
results and records shall be subject at any time to inspection by the
Director.
Section 13.10.120 Industrial Wastewater Discharge Permit Compliance
Costs.
A. Persons discharging industrial wastewater to a public sewer without a
Permit for Industrial Wastewater Discharge and persons whose
discharge is not in conformity with the conditions of such a Permit
shall pa.v for all actual costs incurred by the City in order to bring
them into compliance with this chapter and/or conditions of the
permit.
Payment of compliance costs, if required, is in addition to the
annual Industrial Wastewater Discharge Permit fee. Compliance costs
shall be paid within thirty (30) days following billing. Non-payment
of total charges within the specified period will constitute grounds
for revocation of a permit and termination of sewer service in
accordance with Sections 13.06,100 and 13.10,070.
B. Costs will include but not be limited to those for the following:
1. Site inspection/investigation
2. Monitoring and sampling
3. Laboratory analyses
4. Hearings and other compliance meetings
5. Equipment and transportation
6. Management and overhead
7. Issuance of Notices of Violations and other pertinent
correspondence.
Ordinance No. 2466
Page 25
Section 13.10.130 Pre-Treatment - General.
A. Permittees shall make wastewater acceptable under the limi tations
established herein before discharging to any public sewer. Any
facilities required to pre-treat wastewater to a level acceptable to
the Director shall be provided and maintained at the permittee's sole
expense. Detailed plans, compliance schedules and operating
procedures shall be submitted to the Director for review and shall be
approved by the Director before construction of the facility. The
review of such plans and operating procedures will in no waJ, relieve
the permi ttee from the responsibility of modifying the facility as
necessary to produce an effluent acceptable under the provisions of
this Title and the Industrial Wastewater Discharge Permit. Any
subsequent changes in the pre-treatment facilities or method of
operation shall be reported to and be approved by the Director. No
permittee shall increase the use of process water or, in any way,
attempt to dilute a discharge (except as allowed by Federal Pre-
treatment Standards) as a partial or complete substitute for adequate
treatment to achieve compliance with any local, State or Federal
discharge standard.
B. The Director shall have the authority in negotiation with any
industrial permittee, to impose compliance schedules relating to
installation of specific pre-treatment equipment, filing of reports
and achievement of specific discharge conditions including target
parameter concentrations.
C. Pre-treated wastewater shall conform to categorical pre-treatment
standards promulgated by the U. S. Environmental Protection Agency
(EPA) under the authority of the Clean Water Act, Sections 307(b) and
(c).
Section 13.10.140 Pre-Treatment-Industrial Wastewater Facilities
Approval of P1 ans and Issuance of Permits.
A. The applicant shall submit to the Director and to the Director of
Building and Housing for approval, such construction plans and
specifications and other details as required to fully describe the
proposed industrial wastewater pretreatment facility. The plans
shall have been prepared under the supervision of and shall be signed
by an engineer of suitable training registered in the State of
California.
B. The Director will approve plans for industrial wastewater facilities
construction, issue a Permit for Industrial Wastewater Discharge or
any other permit under this Code only if it appears to the Director
that the proposed industrial wastewater facilities and the industrial
wastewater discharge conform to the requirements of this Title. The
Ordinance No. 2466
Page 26
Director of Building and Housing will approve plans for industrial
wastewater facilities construction, issue a building or any other
permit under this Code only if it appears to the Director of Building
and Housing that the proposed construction conforms to the
appropriate construction codes adopted by the City.
C. All required fees and charges shall be paid before approval of plans
or issuance of any permit required under this Title.
D. The approval of plans or the issuance of a permit shall not relieve
the discharger of any duty imposed upon such permittee by this Title.
Section 13.10.150 Pre-Treatment - Grease - Food Establishments.
A. All Food Establishments shall install a Grease Pretreatment Device in
the waste line leading from the food preparation area, or from sinks,
drains, appliances and other fixtures or equipment used in food
preparation or cleanup to where grease may be introduced into the
sewerage system. Such grease pretreatment devices shall be installed
to remove grease from wastewater and shall be maintained in efficient
operating condition by periodic removal of the accumulated grease.
No such collected grease shall be introduced into any drainage piping
or public sewer.
B. All Food Establishments shall also provide a collection drum or
container for the purpose of physically segregating oils, greases and
greasy solids. Food Establishments shall establish procedures for
personnel to practice maximum segregation of oils, greases and greasy
solids to the collection drum or container prior to washing and other
cleaning which goes into sewer. Food Establishments shall properly
remove and appropriately dispose of the material captured from grease
pretreatment devices on wastewater lines and the collection drums for
segregating oils, greases and greasy solids.
Section 13.10.160 Maintenance Reports, Food Establishments.
Food Establishments shall keep records of grease pretreatment device
cleaning, maintenance and grease removal and report on such maintenance
to the Director at the times and in the manner specified in their
permits.. The Director may al so requi re the permittee to provide periodic
measurements of its discharge, including chemical analysis of oil and
grease content.
Section 13.10.170 Protection from Accidental Discharge.
A. Each permittee shall provide protection from accidental discharges of
materials prohibited by Section 13.12.010. Permittees shall provide
Ordinance No. 2466
Page 27
and maintain facilities to prevent accidental prohibited discharge at
the permittee's own cost and expense. P1 ans and specifications for
such facilities shall be subject to review and approved by the
Director.
B. In the case of an accidental prohibited discharge, the permittee
shall:
1. Immediately notify both the Director and the City of San Diego
Water Utilities Department Industrial Waste Program (San Diego)
of the incident. The notification shall include: location of
discharge, type of waste, concentration and volume, and
corrective actions.
2. Within five (5) days following an accidental discharge, submit to
the Director and to San Diego a detailed written report
describing the cause of the discharge and the measures to be
taken by the permittee to prevent similar future occurrences.
Such notification shall not relieve the permi ttee of any expense,
loss, damages or other liability which may be incurred as a
result of damage to any wastewater systems, fish kills or any
other damage to persons or property; nor shall such notification
relieve the permittee of any fines, civil penalties or other
liability which may be imposed by this Title or other applicable
law.
3. Cause a notice to be permanently posted on the permi ttee's
bulletin board or other prominent place prominently displaying
for employees the names and telephone numbers to call in the
event of an accidental prohibited discharge. Permittees shall
ensure that all employees who may cause, allow or observe such an
accidental discharge to occur are properly trained regarding
compliance with the emergency notification procedures.
Section 13.10.180 Limitations on the Use of Garbage Grinders.
Matter from domestic, commercial, or industrial garbage grinders shall
not be discharged into the Wastewater System or Facilities. However,
matter generated by garbage grinders in the preparation of food normally
consumed on the premises is excepted from this prohibition.
Additionally, i f the permi ttee has obtained a permit for that specific
use from the Director and agrees to undertake whatever self-monitoring is
required enable the Director to equitably determine the sewer service
charges based on the waste constituents and characteristics, such matter
is also excepted. Such grinders must shred the waste to a degree that
all particles will be carried freely under the flow condition normally
prevailing in the public sewer. It ~s unlawful to use a garbage grinder
for grinding plastic, paper products, inert materials or garden refuse.
Ordinance No. 2466
Page 28
Section 13.10.190 Facilities.
If wastewater facilities capacity is not available, the Director may
require the Industrial Wastewater Discharger Permittee to restrict
discharge until sufficient capacity can be made available. When
requested, the Director will advise persons who desire to locate new
facilities as to which areas within the Wastewater System where
industrial wastewater of the requestor's proposed quantity and quality
are expected to have sufficient capacity. The Director may refuse sewer
service to persons locating facilities in areas where their proposed
quantity or quality of industrial wastewater is unacceptable for the
available Wastewater System or Facility.
Section 13.10.200 Records Retention.
All permittees subject to this chapter of this Title shall retain and
preserve for not less than three (3) years, any records, books,
documents, memoranda, reports, correspondence and any and all summaries
thereof, relatin to monitoring, sampling and chemical analysis made b
or on behalf o~ a permittee in connection with its discharge. Al~
records which pertain to matters which are the subject of administrative
action or any other enforcement or litigation activities brought by the
City shall be retained and preserved by the permittee until all
enforcement activities have concluded and all periods of limitation with
respect to any and all appeals have expired.
CHAPTER 13.12
UNLAWFUL DISCHARGES TO THE WASTEWATER SYSTEM
Section 13.12.010 Prohibited Discharges.
A. Prohibited discharges shall include, but not be limited to, those
containing constituents enumerated in this Section. Such
prohibitions are applicable to all users of the wastewater system.
Any constituent not listed herein may be added by regulation or other
prohibition promulgated by the Director based on results of technical
determinations, the actions of regulatory agencies, the projected
impact of the constituent upon the wastewater system, and the
capacity of wastewater treatment facilities to accommodate such
constituent.
B. No person whether or not a permittee, shall discharge or cause to be
discharged directly or indirectly into a sewer lateral or into the
Wastewater System or Facilities, the following:
Ordinance No. 2466
Page 29
1. Any gasoline, benzene, naphtha, solvent, fuel oil or any liquid,
solid or gas that would cause or tend to cause flammable or
explosive conditions to result in the wastewater system.
2. Any matter containing toxic or poisonous solids, liquids or gases
in such quantities that, alone or in combination with other
substances, may create a health hazard for humans, animals or the
local environment, interfere detrimentally with wastewater
treatment processes, cause a public nuisance, or cause any
hazardous condition to occur in the wastewater system.
3. Any matter having a pH lower than 5.0 or greater than 11.0 or
having any corrosive or detrimental characteristic that may cause
injury to wastewater treament or maintenance personnel or may
cause damage to structures, equipment or other physical
facilities of the wastewater system.
4. Any solids or viscous substances or other matter of such quality,
size or quantity that they may cause obstruction to flow in the
sewer or be detrimental to proper wastewater treatment plant
operations. These objectionable substances include, but are not
limlted re, asphalt, dead animals, offal, ashes, sand, mud,
straw, industrial rocess shavings, metal, glass, rags, feathers,
tar, wood, whole b~ood, paunch manure, bones, hair and fleshings,
entrails, fatty acids, grease and oil, paper dishes, paper cups,
milk containers, or other similar paper products, either whole or
ground.
5. Any rainwater, storm water, ground water, street drainage,
subsurface drainage, roof drainage, yard drainage, water from
yard fountains, ponds or lawn sprays or any other uncontaminated
water.
6. Any matter having a temperature higher than ~50 degrees
Fahrenheit (65 degrees Celsius), or at a temperature which causes
the influent to the waste treatment plant to exceed 104 degrees
Fahrenheit (40 degrees Celsius).
7. Any matter containing more than 500 mg/1 of oil or grease.
8. Any strongly odorous matter or matter tending to create odors.
9. Any matter containing over 1.O mg/1 of dissolved sulfides.
10. Any matter with a pH high enough to cause alkaline incrustations
on sewer walls.
ll. Any matter promoting or causing the promotion of toxic gases.
Ordinance No. 2466
Page 30
12. Any matter requiring an excessive quantity of chlorine or other
chemical compound used for disinfection purposes.
13. Any excessive amounts of deionized water, steam condensate,
distilled water or single pass cooling water.
14. Any radioactive matter, except:
a. When the person is authorized to use radioactive materials by
the State Department of Health or other governmental agency
empowered to regulate the use of radioactive materials; and,
b. When the matter is discharged in strict conformity with
current California Radiation Control Regulations (California
Administrative Code, Title 17), and the Nuclear Regulatory
Commission regulations and recommendations for safe disposal;
and,
c. When the person is in compliance with all rules and
regulations of all other applicable regulatory agencies
15. Any matter producing excessive discoloration of the wastewater
treatment plant effluent.
16. Any toxic materials including, but not limited to, all heavy
metals, cyanide, phenols, chlorinated hydrocarbons and other
organic compounds unless limited to that concentration which
complies with all local, State and Federal discharge limitations,
and which does not interfere with the operation of the wastewater
facilities.
17. Any substance, liquid, gas or solid waste which would cause a
public nuisance or hazard to life, or would be deleterious to the
operation of wastewater facilities or to the waters receiving the
discharge of the wastewater facilities.
18. Any cesspool or septic tank wastes.
CHAPTER 13.14
FEES
Section 13.14.010 Fees - Record to be Kept.
The Director shall keep a permanent and accurate record of the amount,
source, parcel, and purpose for all payments received under the
provisions of this chapter.
Ordinance No. 2466
Page 31
Section 13.14.020 Fees Sewer construction Permit for Installations
Within Public Right-of-Way.
The applicant for a permit to construct a sewer lateral within the public
right-of-way shall pay to the City the fee as presently designated or as
may be amended in the future, in the Master Fee Schedule.
Section 13.14.030 Connection to Public Sewer - Fee.
A. Any person applying for a permit to develop or modify the use of any
parcel shall provide sewer service capability to that parcel at the
property owner's ex ense. Where the owner constructs, or contributes
toward the costs o3 construction an amount in excess of the amount
commensurate with the benefits to be received, as determined by the
Director, the City may enter into a Reimbursement Agreement with such
person.
B. Any person desiring to connect, directly or indirectly, any parcel or
any building thereon to any public sewer which has been constructed
at no cost to the parcel to be connected, shall pay a one-time Sewer
Connection Fee to the City in the amount as presently desi nated, or
as may be amended in the future, in the Master Fee Schedu?e adopted
by the City Council pursuant to and in accordance with the procedures
set forth in Government Code section 66016. All revenue derived from
such fees shall be deposited in the Sewer Income Fund. The amount of
such fee shall be determined by one of the following methods of
calculation:
1. General Front Footage
2. Other reasonable method as determined by Council resolution
3. Reimbursement Agreement
Section 13.14.040 Public Sewer Connection Fee - Methods of Calculation.
The Director may issue a permit to make connection to the public sewer
system upon payment of all fees required by ordinances and resolutions of
the City including the sewer connection fee calculated on the basis of
either:
A. General Front Footage: In the absence of a valid applicable
Reimbursement Contract for repayment of costs involved in
constructing public sewer facilities, the payment of the fee as set
forth in the Master Fee Schedule per front foot of the parcel sought
to be connected. However, such front foot fee shall not be imposed
upon a person who constructed or paid for the construction of the
public sewer into which connection is sought; or,
Ordinance No. 2466
Page 32
B. Special Circumstances: Whenever the City Council, on recommendation
of the Director, determines that any public sewer benefits property
which does not front upon such sewer, or where property does face
upon a sewer, but where the shape of the property is other than the
usual rectangular shape or where it is unusual in area, or where for
any other reason the strict adherence to the front foot charge
provided in paragraph A of this section would require a property
owner to pay an amount not commensurate with the benefits to be
received, the City Council may, by resolution, determine the amount
of money which such property or any unit portion thereof shall pay,
in addition to and prior to the payment of other permit and
connection fees. Such resolution shall take into consideration any
contributions made by a property owner toward the cost of the
construction of the sewer line in arriving at the amount of money to
be paid by such property owner.
Prior to the adoption of such resolution, the Director may allow a
property owner to make use of such sewer facilities upon the owner
guaranteeing to pay the amount to be provided in such resolution, and
upon the deposit of an amount of money estimated by the Director to
be adequate, as a guarantee of the payment of the amount to be
provided in the resolution; or
C. Reimbursement Agreement: The City may choose to enter into
Reimbursement Agreements with persons, whether subdividers or not,
who have constructed public sewer facilities with their own money and
which facilities benefitted property the owners of which did not
contribute to the construction of such facilities. Any such property
owner desiring to be connected to any such public sewer facility, if
such property or the owner thereof did not contribute toward the cost
of the construction, shall not be permitted to connect without first
paying the fee established in the applicable Reimbursement Agreement
on file in the Office of the Director.
Section 13.14.050 Public Sewer Connection Fee - Reimbursement Agreement - Collection by City.
The City shall endeavor to collect the charges set forth in the various
Reimbursement Agreements on file in the Office of the Director and cause
the sum so collected, less City expense as set forth in the contract, to
be reimbursed as provided in this chapter, but it shall not be liable for
any failure to make such collection or reimbursement, and such obligation
to collect such charges shall terminate six years from the date the sewer
facility is accepted as being completed by the City, except as may be
provided hereinafter in this Chapter.
Ordinance No. 2466
Page 33
Section 13.14.060 Public Sewer Connection Fee Reimbursement Agreement - Obligation of Owner to Claim Money - Forfeit When.
It shall be the obligation of the person, whether a subdivider or not, to
inquire of the City whether any such amounts have been paid into the City
by a property owner who did not previously contribute toward the cost of
the construction of the sewer facilities. If any such money remains on
deposit with the City without being claimed by the party rightfully
entitled to it within one year it is deposited, such money shall be
forfeited to the City, and then it shall be transferred to the Sewer
Income Fund of the City.
Section 13.14.070 Public Sewer Connection Fee - Reimbursement Agreement
- Sewer Facilities of Special Importance - Additional
Specifications on Charges.
If the City Council finds that a particular sewer facility is of special
public interest because of its major importance to the City, it may,
notwithstanding any other provision of this article allow, by resolution,
the following:
A. Time for reimbursement: That the right to reimbursement for any
subdivider, or for any individual, firm or corporation, as
contemplated in this chapter, may be extended up to twenty years from
the date of that the sewer facility is accepted as being completed by
the City;
B. Interest added to charge: That, up to seven percent per year of the
amount of the charge m~ be added thereto, but, however, only for the
period fixed pursuant to the preceding paragraph and the person who
is entitled to reimbursement as contemplated in this chapter shall be
entitled to receive such charge and the interest paid thereon.
Interest shall be computed on a quarterly basis, and it shall be
computed up to but not including the quarter in which payment of such
charge is paid.
Section 13.14.080 Public Sewer Connection Fee- Reimbursement Agreement-
Liability for Future Charges Not Relieved.
In the event that any parcel for which a Public Sewer Reimbursement
Agreement Fee has been paid receives additional benefit from any public
sewer in the collection system of the City, the payment of such fee shall
not relieve the parcel owner from payment for such additional benefit,
nor shall the property be relieved from the levy of a special assessment
under any special assessment statute of the State for such additional
benefit.
Ordinance No. 2466
Page 34
Section 13.14.090 Sewer Capacity Charge.
A. The owner or person making application for a permit to develop or
modify use of any residential, commercial, industrial or other
property which is projected by the Director to increase the volume of
flow in the City sewer system by at least one-half of one equivalent
dwelling unit of flow shall pay a Sewer Capacity Charge. All revenue
derived from such fees shall be deposited in the Trunk Sewer Capital
Reserve Fund. The amount of such charge shall be the amount
presently designated in the Master Fee Schedule, or as amended by the
City Council pursuant to and in accordance with the procedures set
forth in Government Code section 66016.
B. One equivalent dwelling unit (EDU) of flow is defined to be 265
gallons per day of sewage generation. The fee for property involving
a modification in use shall reflect only the increase in sewage
generation projected from that property. The following rates of flow
for various land uses shall be utilized in determining the total fee
due for any given property:
Land Use EDUs of Flow
Single family residence 1.O
Apartment/Condominium living unit 0.75
Hospital bed 1.O
Mobile Home 1.O
Motel, hotel living unit .33
Church, theater, auditorium
Per each unit of seating capacity 1.O
(One unit being llO ersons or
any fraction thereof~
Restaurant 1.O
(2.67 plus seating allocation of
1.O for each lO seats or fraction
thereof) 2 67+
variable
Service Station 2.50
Self service laundry - per washer .75
Other (see below)
In the case of commercial, industrial and other developments not
included above, the number of equivalent dwelling units of flow shall
be determined i n each case by the Director and shall be based upon
the estimated volume of sewage to be discharged into the City sewer
system. The flow rate for property involving a modification in land
use shall reflect only the increase in sewage erieration project from
that property which exceeds .50 equivalent dwelling units of flow.
Ordinance No. 2466
Page 35
Section 13.14.100 Sewage Pump Station Charge - Disposition of Revenue
Determination of Charges.
A. The owner or occupant of any parcel of real property connected to a
sewage pump station which is a part of the wastewater system of the
City and situated within a Special Sewer Service Rate Area
established by the City Council shall pay a Sewage Pump Station
Charge in the amount set forth in the ordinance establishing such
Area, or as amended by the City Council from time to time, as
designated for administrative convenience only in the Master Fee
Schedule.
B. All revenue derived from sewage pump station charges shall be
deposited into the separate fund deemed apporpriate by the Director
of Finance.
C. Sewage pump station charges shall be based upon actual labor,
material, equipment, energy and overhead costs experienced by the
City relative to each sewage pump station except for first-year costs
which shall be estimated by the Director. Distribution of sewage
lift station costs amoung benefitted parcels shall be as specified in
the ordinance establishing the Area, as reflected for administrative
convenience only in the Master Fee Schedule.
Section 13.14.110 Sewer Service Charges Designated - Payment Required -
Domestic Purposes - Defined.
A. In addition to other fees, assessments or charges provided by the
City Code or otherwise, the owner or occupant of any parcel of real
property which said parcel is connected to the sewer system of the
City and to water system maintained by the Sweetwater Authority, the
Otay Water District or the California - American Water Company shall
pay a Sewer Service Charge in the amount presently designated in the
Master Fee Schedule, or as amended by the City Council pursuant to
and in accordance with the procedures set forth in Government Code
Section 66018.
B. All revenue derived from such charges shall be deposited into the
Sewer Income Fund.
C. For the purpose of this section, real property shall be deemed to be
used for domestic purposes when such property is used solely for
single-family residences or the furnishing of lodging by the
operation of hotels, auto courts, apartment houses, bungalow courts,
housing units, roominghouses, motels, trailer parks, or the rental of
property for lodging purposes.
Ordinance No. 2466
Page 36
D. Sewer service charges to users in the Montgomery Annexation Area
shall be collected in the form of annual charges via property tax
bills prepared by the San Diego County Assessor through the end of
'91-'92 fiscal year. Montgomery Area charges shall be comparable to
those of the remainder of the City, after credit for unused reserve
monies, acquired by the City during the Area annexation process, has
been applied. Beginning July l, 1992, sewer service charges for the
Montgomery Annexation area shall be billed and collected in the same
manner as in the rest of the City.
Section 13.14.120 Reduced Sewer Service Charges Permitted When -
Application -Contents- Refunds- Fees.
A. The Director of Finance shall have the authority to certify
eligibility for a reduced sewer service charge, in the amount of
seventy percent (70%) of the rate charged other residential users,
upon investigation, or upon application by the occupant of a single
family residence, apartment, condominium or mobilehome when the
occupant:
1. Meets the low income eligibility criteria set forth in the Master
Fee Schedule, or
2. Provides proof of payment of a monthly sewer charge greater than
the minimum sewer service charge as set forth in the Master Fee
Schedule.
B. The occupant of premises subject to a sewer charge may request a
reduced sewer service charge by filing a completed City application
form. The applicant shall furnish data regarding the type of unit,
number of people in the household and proof of total annual income
(gross) of the household. Application forms may be obtained from the
City's Finance Department. Certification of eligibility shall be
annually established with the Director of Finance.
C. Eligible occupants of single family homes sub3ect to the sewer
service charge shall have the option of either requesting an annual
refund from the City or requesting the reduced sewer charge be
applied on the sewer billing as shown on the monthly or bi-monthly
water bills.
D. Residents of apartments, condominiums or mobilehomes who are eligible
for the reduced sewer service charge shall receive the reduced sewer
charge as an annual refund only.
E. Requests for annual refunds shall be made by eligible households
between August 1 and September 30 of each year for the past fiscal
year beginning in July and ending in June. The applicant will be
Ordinance No. 2466
Page 37
notified of eligibility status within thirty (30) da.vs of application
and, if eligible, a refund shall be forwarded within ninety (90) days
of application.
F. Residents of the incorporated Montgomery District will not be
eligible for either refunds or a reduced sewer service charge at the
present time; they will, however, be eligible for the reduced sewer
service charge once they are sub3ect to the full sewer service charge
set by the Master Fee Schedule because the special supplement fund is
exhausted.
Section 13.14.130 Sewer Service Charge Variances Permitted When
Application - Contents - Fees.
A. The City Manager shall have the power to establish rules and
regulations for the granting of variances from the established sewer
service charges provided such rules and regulations shall be approved
by resolution of the City Council. The City Manager shall have the
power to grant variances from established sewer service charge
billing categories upon receipt of a variance application as
hereinafter provided from the owner or occupant of any premises, and
one or more of the following situations exist:
1. Where a non-residential user's wastewater contains a total
suspended solids concentration sufficiently low as to qualify for
a different sewer service charge strength category.
2. Where a substantial portion of the premises of an industrial or
commercial establishment is used for industrial, commercial,
recreational, horticultural or agricultural purposes of such a
nature that the water supplied to such premises is not
substantially discharged into the sewer system.
B. The owner or occupant of any premises subject to the sewer service
charge may apply in writing to the City Manager for a
reclassification of such premises (variance) under the provisions of
subparagraphs A 1 or 2, above; provided, however, that no rebate upon
such reclassification shall be allowed for a period more than ninety
(90) days preceding the filing of such application. The applicant
shall furnish substantial engineering and factual data to support the
applicant's contention that the premises should be reclassified as
provided in this section.
C. The owner or occupant of any premises requesting a variance from the
sewer service charges pursuant to the provisions of this section and
the rules and regulations approved by resolution of the City Council
shall pay a fee as presently designated, or as may in the future be
amended, in the Master Fee Schedule to cover the cost of
Ordinance No. 2466
Page 38
investigation of said request; provided, however, that no fee shall
be charged for a request for total exemption from the sewer service
charge. In addition, a special handling charge to cover the cost of
billing and inspections to be paid per billing may be established in
the resolution granting the variance.
Section 13.14.140 Sewer Service Char9e Exemptions Permitted When
Application - Contents.
A. The Director shall have the power to certify exemption from payment
of sewer service charges either upon investigation or upon receipt of
application from the owner or occupant of any premises, provided one
or more of the following situations exists:
1. Where a fire service connection to the water syste is installed;
2. Where the premises are not connected to the wastewater system of
the City;
3. When water is supplied to the premises through a separate water
meter measuring irrigation water and that water is used entirely
for irrigation purposes.
B. The owner or occupant of any premises subject to the sewer service
charge may apply in writing to the Director for exemption of such
premises under the provisions of subsection A; provided, however,
that no rebate upon such exemption shall be allowed for a period more
than ninety days (90) preceding the filing of such application. The
applicant shall furnish substantial evidence to support the
applicant's contention that the premises should be exempted as
provided in this section.
C. No fee shall be charged for a request for exemption from the sewer
service charge.
Section 13.14.150 Payment of Sewer Service and Pump Station Charges -
Penalty for Delinquency - Discontinuance of Service -
When - Unlawful Connection - Backbilling and Penalty.
A. All sewer service and pump station operation and maintenence charges,
except those described in subsection F hereinbelow, shall be computed
upon a monthly or bi-monthly basis as determined by the City or the
serving water agency, and shall be payable upon the billing of such
charges to the owner or the occupant.
B. The charges and the billing therefor may be combined with other
utility bills and separately designated.
Ordinance No. 2466
Page 39
C. If the sewer service and/or pump station charge for users other than
those described in subsection F, is not paid before the close of
business or postmarked before midnight of the final date for payment
as shown on the billing, a penalty of twenty percent of the charge(s)
shall be added thereto; provided, however, that when the final day
for payment falls on Saturday, Sunday or a legal holiday, pa3nnent may
be made without penalty on the next regular business day.
D. In the event the owner or occupant of any premises shall be
delinquent in payment of the sewer service charge and such
delinquency continues for a period of five days after the final date
for payment of such charge, the City shall have the right, forthwith
and without notice, to discontinue sewer service to such delinquent
owner or occupant, and sewer service shall not again be supplied to
such person until all delinquent sewer service charges plus the
penalties thereon as herein provided have been paid. The sewer
service charge may be collected by suit in any court of competent
jurisdiction or any other manner.
E. In the event that any parcel or building is determined by the
Director to have been unlawfully connected to the public wastewater
system, the City shall have the right to terminate sewer service to
such parcel or building as provided in section 13.06.110. Sewer
service shall not again be supplied to such parcel or building until
all delinquent sewer service charges which have been accumulated
during the current ownership of the parcel or building, plus a
penalty of 201 of the delinquent sewer service charge, has been paid.
F. Sewer service charges for users in the Montgomery Annexation Area
shall be collected in the form of annual charges via property tax
bills prepared by the San Diego County Assessor through the end of
1991-1992 fiscal year. Montgomery Area charges shall be comparable
to those of the remainder of the City, after credit for unused
reserve monies, acquired by the City during the Area annexation
process, has been applied. Beginning July l, 1992, sewer service
charges for the Montgomery Annexation area shall be billed and
collected in the same manner as in the rest of the City.
Section 13.14.160 Sewer Service Deposits Required When - Amount.
A. Guarantee deposits may be required from all applicants for sewer
service who are not the legal or equitable owners of the property to
be served, except applicants for domestic sewer service.
B. The City has the right to require deposits from the owner or occupant
of any premises who has allowed his bill for sewer service charge to
become delinquent or who does not have an acceptable credit rating.
Ordinance No. 2466
Page 40
C. Deposits shall be equal to the estimated amount of three months'
sewer service charges, but in no event shall the deposit be less than
twenty-five dollars.
Section 13.14.170 Industrial Wastewater Discharge Permits - Fees - Costs
Included in Fees.
A. industrial Wastewater Discharge Permit fees and annual renewal fees
shall be based on the wastewater constituants and characteristics of
the discharges to the Wastewater System. Industrial Wastewater
Discharge Permit fees and annual renewal fees shall be the amount
designated in the Master Fee Schedule, as amended by Council
Resolution from time to time, pursuant to and in accordance with the
procedures set forth in Government Code Section 66018. All revenue
derived from issuance or renewal of Industrial Wastewater Discharge
Permits shall be deposited into the Sewer Revenue Fund.
B. The regular permit fee and annual renewal fee shall include expenses
incurred by the City for permit processing, data evaluation, routine
on-site inspections, monitoring, sampling or chemical analysis
whether performed by the City or other entity acting in the City's
behalf. Costs relative to permit violations are NOT included in the
provisions stated on the permit, and/or Section 13.10.130.
SECTION VIII. That a new Title 14 entitles "Watercourses" is added to
the Chula Vista Municipal Code.
SECTION IX. That Chapters 13.48, 13.52, 13.56, 13.60, 13.64, and 13.68
of the Chula Vista Municipal Code are added to new Title 14 and renumbered,
respectively, Chapters 14.04, 14.06, 14.08, 14.10, 14.14, and 14.18.
SECTION X. Effective Date. This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by Approved as to form by
Joh~ . Lipp~'tt / Br)~e 'M. Boogaard
Di rector of Public Works City Attorney
Ordinance No. 2466
Page 41
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 9th day of July, 1991, by the following vote:
AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Nader,
Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader
Mayor
ATTEST:
Beverly A. AUthei~t,
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2466 had its first reading on
June 18, 1991, and its second reading and adoption at a regular meeting of
said City Council held on the 9th day of July, 1991.
Executed this 9th day of July, 1991.