Coachella City Council
September 10, 2025

Item 15.

STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT F – REGIONAL WATER QUALITY CONTROL December 6, 2022

BOARD CONTACT INFORMATION
F - 2
Region 5 -- Central Valley Regional Water Quality Control Board:

Rancho Cordova (Sacramento) Office: Colusa, Lake, Sutter, Yuba, Sierra, Nevada, Placer, Yolo, Napa, (North East), Solano (West), Sacramento, El Dorado, Amador, Calaveras, San Joaquin, Contra Costa (East), Stanislaus, Tuolumne counties.

[email protected] or (916) 464-3291 Fresno Office: Fresno, Kern, Kings, Madera, Mariposa, Merced, and Tulare counties, and small portions of San Benito and San Luis Obispo counties.

[email protected] or (559) 445-5116 Redding Office: Butte, Glen, Lassen, Modoc, Plumas, Shasta, Siskiyou, and Tehama counties.

[email protected] or (530) 224-4845 Region 6 -- Lahontan Regional Water Quality Control Board:

Lake Tahoe Office: Alpine, Modoc (East), Lassen (East side and Eagle Lake), Sierra, Nevada, Placer, El Dorado counties.

[email protected] or (530) 542-5400 Victorville Office: Mono, Inyo, Kern (East), San Bernardino, Los Angeles (North East corner) counties.

[email protected] or (760) 241-6583 Region 7 -- Colorado River Basin Regional Water Quality Control Board:

Imperial county and portions of San Bernardino, Riverside, San Diego counties.

[email protected] or (760) 346-7491
Region 8 -- Santa Ana Regional Water Quality Control Board:

Orange, Riverside, San Bernardino counties.

[email protected] or (951) 782-4130
Region 9 -- San Diego Regional Water Quality Control Board:

San Diego county and portions of Orange and Riverside counties.

[email protected] or (619) 516-1990
End of Order 2022-0103-DWQ

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Appendix B
Coachella Sanitary District and City of Coachella Boundary Map

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54TH AVE

AIRPORT BLV
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VISTA DEL NORTE
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PIERCE ST

POLK ST

FILLMORE ST
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VAN BUREN ST

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Indio & VSD

TYLER ST

HARRISON ST

FREDERICK ST
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Coachella Sanitation District Service Area
City of Coachella
Water and Sewer Boundaries
City of Coachella
Figure 1
Coachella Sanitation District
Service Area
Legend
Boundaries
Coachella City Limits
Coachella Sanitation District
Service Area
Sphere of Influence
File Path: P:\xGIS\GIS_Projects\CityofCoachella\Water_and_Sewer\240111-CoachellaBoundaries\COA_Fig1_SanitationDistrict_011124.aprx 5GIS
Updated: January 15, 2024
0 0.25 0.5 1
Mile

PRELIMINARY
Note:

Sphere of Influence per the agreement
between CVWD & City of Coachella
dated January 9, 2008.

Item 15.

Appendix C
Chapter 13.01 (Sewers and Sewage Disposal) of the
Municipal Code

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Item 15.

Title 13 - PUBLIC SERVICES
Chapter 13.01 SEWERS AND SEWAGE DISPOSAL
Coachella, California, Code of Ordinances Created: 2023-11-09 16:06:23 [EST] (Supp. No. 25)

Chapter 13.01 SEWERS AND SEWAGE DISPOSAL1
Article I In General

13.01.001 Area served.

The city of Coachella municipal code Title 13, Public Utilities, provides for the regulatory framework for sewer and water services for the city of Coachella and the recognized sphere of influence in Riverside County, California. This title may be referred to as the public utilities ordinances. The public utilities ordinance pertains to water, sewer, and electric system service to land or improvements, or both, lying within the boundaries of the city, unless specific provision is made by agreement with the city for service outside of city limits. If sewer and water do not exist in the immediate area, the applicant, owner, or the customer shall provide or finance such facilities and/or capacity. The owner of the property outside of a then-existing city limit, which property has adequate sewer and water facilities and/or capacity or funds therefore, must cause all such facilities and/or capacity or funds to be transferred to the city.

Property not within the incorporated boundaries of the city and which is to be provided with service by the city, is subject to annexation to the city of Coachella. Annexation to the city may, in turn, be subject to annexation to other agencies, except as otherwise provided by agreement.

The city, at its discretion, may from time to time contract with an applicant, owner, or customer to initiate and pursue to completion the establishment of a financing district and the sale of bonds to provide the funds to construct the necessary sewer, water, and/or recycled water facilities or system capacity necessary for service to collection and distribution facilities that are required to provide the applicant, owner or customer as a condition of obtaining service from the city.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.002 Service conditions.

A. Sewer and water system service shall be provided by the city only if a permit for such sewer and/or water system service is obtained in the manner hereinafter provided, unless otherwise determined by the city council.

B. Sewer and water system service shall be available only in accordance with the rules and regulations, as well as applicable federal, state, and local statutes, ordinances, regulations, and contracts, and other requirements including, but not by way of limitation, the California Water Code, and other state statutes and regulations imposed by the California Regional Water Quality Control Board - Colorado River Region, and State and local health departments, as well as the terms of any service agreement and permit issued by the city. Any such permit may be revoked by the city and thereupon all such sewer and water system service shall cease in the manner provided for in the city Code of Ordinances. (Ord. No. 1057, § 1(Exh. A), 10-23-13)
1 State law reference(s)—Sewers generally, Health and Safety Code § 4600 et seq.; authority of City to regulate construction of sewers, Government Code §§ 38660, 38900.

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Created: 2023-11-09 16:06:22 [EST]
(Supp. No. 25)

13.01.003 Application procedure.

A. Sewer and Water Permit Application. An application for sewer and water must be made in writing, signed by the applicant, and the owner or customer, if they are not one in the same. The utilities general manager in his/her discretion may provide an abbreviated form of the application for permits when no unusual facts are determined in his/her discretion to exist. Other than specified above, the form of application shall be furnished by the city.

1. An applicant for sewer and water service permit under this chapter must comply with the requirements of any and all applicable federal, state, and local statutes, ordinances, resolutions, rules and regulations and other requirements.

B. Discharge Permit Application. An applicant for sewer service may be required to obtain a discharge permit for use of the city's sewerage facilities in addition to the permit required for all applicants for sewer service.

The conditions under which a discharge permit may be required are based on the quantities and constituents of wastewater discharged into the city's sewerage facilities. The applicant shall comply with all federal and state requirements including, but not by way of limitation, any and all requirements of the Environmental Protection Agency (EPA) and any commitments for reimbursements required by the EPA in excess of the charges of the city. These requirements are set forth in the Federal Water Pollution Control Act and the Code of Federal Regulations, which by this reference are herein incorporated as though set forth in full.

C. The city may, at its discretion, require specific prior approval of any permit by any federal, state, and or local agency having jurisdiction over an interest in the operation of the city's facilities.

D. The utilities general manager review applications and shall render a decision on completed applications. The utilities general manager shall review the application and make such investigation relating thereto as deemed necessary. The utilities general manager may prescribe requirements in writing to the applicant as to the facilities necessary to be constructed, manner of connection, the financial requirements, and the use of service including the availability of adequate water and sewerage system facilities, and in cases of sewer service pretreatment facilities, if necessary, to insure initial and future continued compliance with the city's ordinance and rules and regulations and any other applicable requirements.

E. An applicant may appeal the utilities general manager's decision on an application by following the procedures in Sections 13.02.780 and 13.02.785.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.004 Size, location, and installation of service line or lateral sewer.

A. Water Service Lines. The city reserves the right to determine the size of the water service lines, the service connections, and the meters and shall also have the right to determine the kind and size of backflow protection devices for potable water services, in accordance with Title 13 Public Utilities, and any and all other appurtenances to service. The water service lines shall be installed to a curb line or property line of the customer's property, abutting upon a public street, highway, alley, easement, lane, or road other than a freeway in which are installed water mains of the city.

B. Lateral Sewer and Lateral Connections. The city shall determine and specify in the permit the size, location, and manner of installing the sewer lateral. Such design shall be in accordance with the city's Standard Details manual. If a lateral sewer is installed by the applicant, owner, or customer, the lateral sewer joints shall remain exposed until they are inspected and approved by the city. The size, slope, alignment, and materials of construction of the customer's building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling of the trench shall conform to the city's Standard Detail Manual up to

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the city's jurisdiction and from there on to applicable plumbing codes enacted and enforced by the city of Coachella.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.005 Limitations on service connections.

A. Water Service Connections - Each residence and/or building under separate ownership must be provided with a single and separate water service connection and water meter except under special conditions as determined by the city. Except as provided below, two or more buildings under one ownership and on the same parcel of land shall be supplied by a single water meter.

1. The city reserves the right to limit the number of buildings, such as apartments or the area of land under one ownership to be supplied by one water service connection and meter.

2. Except for a condominium building, not more than one water meter for domestic or commercial supply shall be installed for one building, except under special conditions as determined by the city.

3. A water service connection and water meter shall not be used to supply adjoining property of a different property owner, or to supply property of the same owner across the street or alley.

4. When property provided with a water service connection and water meter is subdivided, such connection and meter shall be considered as serving the lot or parcel of land that it directly or first enters. Additional water mains and/or service lines will be required for all subdivided areas in accordance with this ordinance.

5. All water used on any premises where a meter is installed must pass through the meter. Customers shall be held responsible and charged for all water passing through their meters.

6. Every water service shall be equipped with an angle curb stop or wheel valve on the inlet side of the meter; such valve or angle curb stop being intended exclusively for the use of the city in controlling the water supply through the service line. If the curb stop or wheel valve is damaged by the customer's use to an extent requiring replacement, such replacement shall be at the customer's expense.

7. If the customer's rate of consumption results in excessive wear of the meter, or is such that the meter is unable to measure the flow of water accurately, the city may increase the size of the meter and require payment of the actual cost of installing the new meter.

B. Lateral Sewer.

1. For single family detached unit residential development, a separate and independent lateral sewer shall be provided for every individual parcel or building under individual ownership.

2. For condominium developments the following minimum number of lateral sewer shall be provided:
a. Non-Stacked: One lateral per every two units - Four inch size. b. Two Story Stacked: One lateral per every four units - Six inch size. c. Multi-Story: Two laterals per building - Six inch size.

3. For apartment developments the following minimum number of lateral sewers shall be provided, one lateral per building - Six inch size.

C. The city reserves the right to limit the number of buildings or the area of land under one ownership to be connected to one lateral sewer.

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Created: 2023-11-09 16:06:22 [EST]
(Supp. No. 25)

D. When property provided with a lateral sewer is subdivided, such lateral shall be considered as serving the lot or parcel of land that it directly first enters. Additional sewer and/or lateral sewers may/will be required for all subdivided areas in accordance with the city ordinance. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.006 Illegal connections.

No person shall make connection to the city's sewer and water system facilities without a permit or except as provided in the permit issued by the city. Specifically, but not by way of limitation as to any connection to the city's sewerage facilities, no roof downspouts, exterior foundation drains, areaway drains, carwash pads not covered by a roof, or other sources of runoff or groundwater shall be connected to a city sewer facility or to a building sewer or drain that in turn is connected directly or indirectly to a city sewer facility. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.007—01.009 Reserved.

13.01.010 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Applicant" means the person making application for a permit for a sewer or plumbing installation and shall be the owner of premises to be served by the sewer for which a permit is requested, or his authorized agent. "Bedroom" means any room exclusive of a living room, kitchen, dining room, laundry room or bathroom which is either regularly used for sleeping purposes regardless of size, or which may be used for sleeping purposes and has a floor area of not less than sixty (60) square feet, and shall include any study, den, rumpus room or family room which has a floor area of not less than sixty (60) square feet. "BOD" or "biochemical oxygen demand" is the measurement of the dissolved oxygen used by microorganisms in the biochemical oxidation of the organic matter. "Building" means any structure used for human habitation or a place for business, industry, recreation or any other purpose containing sanitary plumbing facilities.
"Building sewer" means that portion of any sewer beginning at the plumbing or drainage outlet of any building and running to the property line or to a private sewage disposal facility. Unless otherwise provided for, building sewers are not the property or responsibility of the city, but remain in the ownership of and responsibility of the private property owner.
"City" means the city of Coachella.
"Commercial users" includes all retail stores, restaurants, office buildings, laundries and other private business and service establishments, schools, churches and all public and private institutions. "Depositor" means the person making a deposit with the city. "Direct costs" means any costs that are directly attributable to and for the sole benefit of a fund. Such costs include but are not limited to salaries and related benefits and departmental expenses for supplies, communications, utilities, rents and leases, equipment maintenance, professional services, insurance, memberships, conferences, training and employee educational requirements. "District" means the Coachella Sanitary District.

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Created: 2023-11-09 16:06:22 [EST]
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"Floatable hydrocarbon oil" means hydrocarbon oil floating to the surface of a sample of water when it is retained for one hour in a quiescent condition in a vessel with vertical walls filled to a depth of thirty (30) centimeters.
"Floatable oil and grease" means oil and grease floating to the surface of a sample of water when it is retained for one hour in a quiescent condition in a vessel with vertical walls filled to a depth of thirty (30) centimeters.
"General and departmental overhead."

1. "Maintenance and operating fund." Rental costs attributable to building occupancy shall be allocated based on the pro rata share of floor space used.

2. "Sewer capital fund." Costs attributable to the expenditure of such funds not directly chargeable to a construction project. Such costs are to be limited to a fixed percentage of the construction cost of a construction project not to exceed ten (10) percent. Such percentage is to be deemed for the purpose of paying for the project's general and departmental administrative costs of the city. "House connection sewer" means the portion of a sewer lying within a public street connecting a building sewer to the main sewer. Industrial users means all users classified as industrial under the Federal Water Pollution Control Act (33 USC § 1251 et seq.), and shall include all fruit/produce and or agricultural processes. "Lateral sewer" means the same as building sewer.
"Local sewer system" means a sewer system consisting of but not limited to sewer lines, manholes, stubouts, and/or house connection sewer laterals designed and intended to serve a particular tract or group of dwellings.
"Multiple-family residence" means a structure or group of structures, separate or connected, on one parcel of land, occupied or intended for occupancy by more than one family or living group. "Nondomestic wastewater" means wastewater arising from or associated with a nondomestic operation.

Such operation shall be understood to include the following: production or refining of petroleum; production, processing, packing or canning of fruits, vegetables, meat or beverages; laundering of clothes in public laundries; public self-service laundries; hospitals; restaurants; vehicle service facilities, wash racks and garages; production of fertilizer; keeping of livestock or poultry and operation of dairies; production or dyeing of textiles; production of soap and other detergents or chemicals; production and processing of plastic; cleaning of tanks, tank cars or barrels; plating or processing of metals; processing or reclamation of refuse; the washing of equipment or spaces used in nondomestic operations; and any other similar manufacturing, processing and servicing operations.

Nondomestic wastewater does not include the following: wastewaters from the operation of hotels, schools, single or multiple residences and places engaged exclusively in retail business. "Owner" means the person having legal title to a property or the person having an interest in a property through a contract of sale, long-term lease or similar agreement. "Permit" means any written authorization required pursuant to this chapter or any other regulation of the city for the installation or use of any part of the sewer system. "Pollution" means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water, dredged soil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). "Private sewage disposal facility" means an independent sewage disposal system not connected with a public sewer and which accommodates one or more structures, buildings or industries. "Property" means a parcel of land together with any buildings or appurtenances.

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Created: 2023-11-09 16:06:22 [EST]
(Supp. No. 25)

"Public sewer" means a sewer lying within a street and which is controlled by or under the jurisdiction of the city.
"Residential users" mean any single-family home, apartment or condominium unit or mobile home park for the purpose of sewer use charge determination.
"Sanitary sewer" means a sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
"Service unit (SU)." The service unit is derived from a mathematical formula in which daily flow, biochemical oxygen demand and suspended solids are converted to a numerical value in proportion to residential levels for the same three variables.
"Service unit rate" is the monthly charge per service unit. "Sewage" means a combination of water-carried wastes from residences, structures, business buildings, institutions and industrial establishments.
"Sewage factor (SF)" is an assigned percentage used to calculate sewage flows from water meter readings derived statistically using methods established by the public works department. "Sewer connection permit" means a permit used for the connection of a property to the sewer system. "Sewer deposits" means funds provided by property owners pursuant to Section 13.01.312 for guarantee of payment of sewer service charges. These funds are recorded and accounted for in the maintenance and operating fund and only the interest earnings may be used for maintenance and operating expenses. "Sewer service charge" is the product of service units and the service unit rate. "Sewer system" means all facilities owned and operated by the city or owned or operated by others for the benefit of the city for collecting, pumping, treating and disposing of sewage. "Single-family residence" means a single structure together with any garage, guestroom, servant's quarters or similar appurtenant structure on a parcel of land designed for use by one family or living group. "Source" means a point of discharge to the sewer system. "Special sewer permit" means a permit issued for a special use of the sewer system. "SS" or "suspended solids" means that fraction of the total solids with particle size greater than one micron as determined by passing a known volume of liquid through a filter. "Street" means any public highway, road, street, avenue, alley, way, public place, public easement or rightof-way. "Stub-out" means a partial house connection sewer extending laterally from the sewer main to a point just beyond the edge of the pavement or curbing which is within the right-of-way adjoining the properties which will be served by the sewer main.
"Trailer space" means an area within a trailer court designated for use by a trailer, whether the space is occupied or not, provided the space is served by plumbing connected to the sewer system. "User" means the recipient of wastewater collection and treatment services. "Utility" means an enterprise operated for the benefit of the citizens of the city. "Utilities general manager" means the person in charge of the sewer, water, and other city owned utilities, appointed by the city manager.
"Water supply" means the water supply serving the area tributary to the city's community sewer system.

Water supply to an individual establishment shall be interpreted as meaning specifically a composite analysis over

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a 12-month period of samples of the water served to an establishment or location as determined by testing and compositing samples and analyses approved by the sewer superintendent. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.011 Applicability.

A. This chapter shall apply only to sewer facilities constructed with the proceeds of the sewer revenue of the city and Coachella Sanitary District, and additions, extensions and improvements thereto.

B. This chapter is intended to provide rules and regulations for the construction and use of sanitary sewer facilities installed, altered or repaired within the city after the formation of the Coachella Sanitary District and the city of Coachella. This chapter shall not apply retroactively except that it shall apply to bills, deposits and guarantees outstanding. In the event of an alteration or repair is hereafter made, it shall apply only to the new materials and methods used therein.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.012 Compliance.

A. All work with respect to sewer construction and disposal of sewage and drainage of buildings and connection to the sewer system of the city shall be done in conformity with this chapter and not otherwise.

B. No person shall connect to, construct, install, provide, maintain or use any means of sewage disposal from any building in the city other by connection to a public sewer, or inhabit or produce any sewage in any building not connected to a public sewer, except in the manner provided in this chapter. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.013 Utilities general manager.

A. The city manager shall appoint a utilities general manager, which office shall be under the terms and subject to the provisions of Title 13. The salary of the utilities general manager shall be fixed by the council from time to time by resolution.

B. The utilities general manager shall have power and it shall be his/her duty to enforce all rules and regulations concerning the sanitary sewer system and publicly owned treatment works (POTW) and any other utilities owned, operated, and maintained by the city, to supervise the maintenance and operation of the system and to make necessary repairs thereto.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.014 Connection required for certain premises.

A. The owner of any building occupied by humans situated within the city and abutting on any street or easement in which there is now located or may in the future be located a public sewer of the city which will serve the building is hereby required, at their expense, to connect the building directly with the proper public sewer in accordance with the provisions of this chapter, within ninety (90) days after the date of official notice to do so, provided the public sewer is within two hundred (200) feet of the nearest point of the building and that the property's onsite septic system has failed. For purposes of this section, the house connection sewer shall be considered a portion of the public sewer.

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Created: 2023-11-09 16:06:22 [EST]
(Supp. No. 25)

B. Commercial, industrial and public buildings or institutions as well as residential buildings shall be required to connect to the sewer system upon notice as provided in this section. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.015 Unlawful disposal of waste.

It shall be unlawful for any person to place, deposit or permit to be deposited upon public or private property within the city, or in any area under the jurisdiction of the city, any human excrement, garbage or other objectionable waste.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.016 Pollution of waters.

It shall be unlawful to discharge into any stream or watercourse any sewage, wastes or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this chapter. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.017 Compliance required prior to occupancy.

No building, industrial facility or other structure shall become occupied until the owner of the premises has complied with all applicable rules and regulations of the city. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.018 Septic tanks, privies, etc.

Except as provided in this chapter, it shall be unlawful to construct any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.019 Notice of violation.

A. Any person found to be violating any provision of this chapter or any other ordinance, rule or regulation of the city pertaining to the sewer system shall be served by the utilities general manager or other authorized person with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Service shall be in person or by certified mail.

B. The time for correction shall be not less than two and not more than seven working days. The offender shall, within the period of time stated in such notice, permanently cease all violations.

C. All persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of this chapter or any other ordinance, rule or regulation of the city. Upon being notified by the utilities general manager of any defect arising in any sewer or of any violation of this chapter, the person having charge of such work shall immediately correct the defect. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

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Created: 2023-11-09 16:06:22 [EST]
(Supp. No. 25)

13.01.020 Use of noncomplying building.

A. Continued habitation of any building or continued operation of any industrial facility in violation of the provisions of this chapter or any other ordinance, rule or regulation of the city is hereby declared to be a public nuisance. The city may cause proceedings to be brought for the abatement of the occupancy of the building or industrial facility during the period of such violation.

B. In addition to abatement proceedings, the city may elect to pursue any enforcement mechanism in Chapter

13.02. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.021 Disconnection of service.

As an alternative method of enforcing the provisions of this chapter or any other ordinance, rule or regulation of the city pertaining to the sewer system, the utilities general manager shall have the power to disconnect the user from the sewer mains of the city. Upon disconnection, the utilities general manager shall estimate the cost of disconnection from and reconnection to the system and such user shall deposit the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system. Any part of the deposit remaining after payment of all costs of disconnection and reconnection shall be refunded. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.022 Occupation of building while service disconnected.

During the period of disconnection as provided for in Section 13.01.021, habitation of such premises by human beings shall constitute a public nuisance, whereupon the city may utilize any enforcement mechanisms available, including but not limited to causing proceedings to be brought for the abatement for the occupancy of such premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there is to be paid to the city a reasonable attorney's fee and cost of suit arising in such action. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.023 Liability of city.

The city and its officers, agents and employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of the performance of any work by any applicant for sewer service. The applicant shall be answerable for and shall save the city and its officers, agents and employees harmless from any liability imposed by law upon the city or its officers, agents or employees, including all costs, expenses, fees and interest incurred in defending such action or in seeking to enforce this provision. The applicant shall be solely liable for any defects in the performance of his work or any failure which may develop therein.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.024 Liability for damage caused by violations.

A. Any person violating any of the provisions of this chapter and other ordinances, rules or regulations of the city pertaining to the sewer system shall become liable to the city for any expense, loss or damage sustained by the city by reason of such violation.

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Created: 2023-11-09 16:06:22 [EST]
(Supp. No. 25)

B. Nonpayment of amounts due under subsection (a) may become a lien on the property on recording a notice of lien against the property with the county recorder's office. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.025—13.01.040 Reserved.

Article III Building Sewers and Connections

13.01.251 Connection permit required; payment of fees.

In accordance with Article IV of this chapter, no person shall connect to the sewer system without first obtaining a written permit from the city and paying all fees and connection charges as required therein. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.252 Separate connection required for each building; exception.

A. No owners of separate properties shall be permitted to join in the use of the same building sewer. Every property on which structures are situated and are to be connected with a public sewer shall be separately connected except as provided in this section.

B. Adjacent properties owned by the same property owner may be served by the same house connection sewer or building sewer so long as the properties remain under the ownership of the same property owner. If a property owner sells a portion of his property and any buildings on the property so sold are not separately connected with a public sewer, they shall be so connected at no expense to the city. Following the sale of a portion of a property owner's property it shall be unlawful for the owner of the portion sold or the original property owner to continue to use or maintain a common building sewer or a connection to a common house connection sewer.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.253 Cleanouts.

Cleanouts in building sewers shall be provided where the building sewer joins the house connection sewer and in accordance with the rules, regulations and ordinances of the city. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.254 Sewage pump.

If any building sewer is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building sewer shall be lifted by artificial means approved by the city, and discharged to the public sewer at the expense of the owner.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

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Created: 2023-11-09 16:06:22 [EST]
(Supp. No. 25)

13.01.255 Location of connection.

A. If a public sewer is available in a street adjoining the property to be served, the connection of the house connection sewer to the public sewer shall be made at the public sewer main. The property owner shall construct one house connection sewer from the existing public sewer main to the property to be connected.

The property owner shall obtain proper excavation/encroachment permits and work is to be completed by a properly licensed contractor.

B. The house connection sewer shall be constructed in accordance with the standard specifications of the city which are in effect at the time of construction. If the applicant desires or requires an additional house connection sewer or any special construction, the owner shall pay for the cost of the additional sewer connection or additional cost of the special construction in accordance with city specifications, at no cost to the city.

C. If a public sewer is not available in a street adjoining the property to be served, the owner shall either construct private sewage disposal facilities in accordance with Article VII of this chapter or shall extend the existing sewer system in accordance with Article VI of this chapter. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.256 Maintenance of house connection sewer.

A. Any stub-out and, following connection by the property owner to the city's sewer system, the house connection sewer shall be maintained and repaired by the city's utilities department from the point of connection with the sewer main line to the property line closest to the sewer main; provided, however, it shall be the property owner's responsibility to repair such house connection sewer which is damaged as a result of the negligent or intentional acts of the property owner, its tenants, lessees, subcontractors, agents, or employees.

B. The property owner shall defend, indemnify, save and hold harmless the city, its elected officials, officers, employees, agents and subcontractors from any and all fines, attorneys' fees, claims for loss, damage or personal injury, including wrongful death, which arise out of the city's maintenance and repair of the house connection sewer pursuant to subsection (a) of this section. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.257 Construction of local sewer systems.

The city may, in its absolute discretion, construct a local sewer system, which shall be placed, designed, and constructed in accordance with plans and specifications approved by the city engineer. At the time that a property owner elects to connect to the city's sewer system, the property owner shall be required to use the stub-out constructed as part of the local sewer system for connection to the city's sewer system unless the city's utilities general manager, or designee, determines using reasonable discretion that connection to the city's sewer system may be made by alternate means.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.258 Construction of partial house connection sewer lateral.

At the time of the construction of any addition to or extension of the city's master plan sewer system, the city may, in its absolute discretion, construct a stub-out, which shall be placed, designed, and constructed in

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accordance with plans and specifications approved by the city engineer. At the time that a property owner elects to connect to the city's sewer system, the property owner shall be required to use the stub-out constructed by the city for connection to the city's sewer system unless the city's utilities general manager, or designee, determines using reasonable discretion that connection to the city's sewer system may be made by alternate means. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.259 Record of local sewer system construction costs.

The city shall keep a record of the costs of construction for a local sewer system constructed pursuant to Section 13.01.257 and shall identify such record with each parcel of property to be served by such system. Costs of construction shall include, without limitation, the costs of construction directly attributable to the construction of the local sewer system and the amount of indirect engineering, design and administrative costs, all of which shall be proportionally attributed to the property to be served in a manner determined in the reasonable discretion by the city's utilities general manager, or his designee. The city shall maintain such records until such time as the property owner reimburses the city for such costs in accordance with Section 13.01.261. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.260 Record of partial house connection sewer lateral construction costs.

The city shall keep a record of the costs of construction for each stub-out constructed pursuant to Section

13.01.258 and shall identify such record with each parcel of property to be served by such stub-out. Costs of construction shall include, without limitation, the costs of construction directly attributable to the construction of the stub-out and the amount of indirect engineering, design and administrative costs proportionally attributed to the property to be serviced, as determined in the reasonable discretion by the city's community development director, or his designee. The city shall maintain such records until such time as the property owner reimburses the city for such costs in accordance with Section 13.01.262. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.261 Local sewer system construction costs reimbursement and escalation.

A. If the property owner connects to the city's sewer system at any time within one year following the city's completion of a local sewer system serving that particular property, the property owner shall pay the amount determined pursuant to Section 13.01.259. If the property owner connects to such system at a point past one year following the completion of the system serving that particular property, the owner shall pay an additional amount over and above the amount determined pursuant to Section 13.01.259. The additional reimbursement shall be a percentage of the construction costs determined pursuant to Section 13.01.259, which percentage reflects the change in the engineering news record construction cost index between the time that local sewer system construction is completed for the particular property to be served and the date that the property owner applies to the city for a permit to connect to the city's sewer system. If the engineering news record construction cost index ceases to be published, the city may, in its reasonable discretion, use a similar construction cost index to ascertain the additional reimbursement required.

B. The reimbursement required by this section shall be in addition to all other fees and charges imposed by this chapter.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

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13.01.262 Partial house connection sewer lateral construction cost reimbursement and escalation.

A. If the property owner connects to the city's sewer system at any time within one year following the city's completion of the stub-out for that particular property to be served, the property owner shall pay the amount determined pursuant to Section 13.01.260. If the property owner connects to the city's sewer system at a point past one year following the completion of the stub-out for the particular property to be served, the owner shall pay an additional amount over and above the amount determined pursuant to Section 13.01.260. The additional reimbursement shall be a percentage of the construction costs determined pursuant to Section 13.01.260, which percentage reflects the change in the engineering news record construction cost index between the time that stub-out construction is completed for the particular property to be served and the date that the property owner applies to the city for a permit to connect to the city's sewer system. If the engineering news record construction cost index ceases to be published, the city may, in its reasonable discretion, use a similar construction cost index to ascertain the additional reimbursement required.

B. The reimbursement required by this section shall be in addition to all other fees and charges imposed by this chapter.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.263—13.01.280 Reserved.

Article IV Permits

13.01.281 Connection Permit—Generally.

A. No unauthorized person shall uncover, alter or disturb any portion of the sewer system without first obtaining a written permit from the city.

B. Connection permit. No person shall connect any property to the sewer system until after a sewer connection permit shall have been issued. The sewer connection permit shall specify the property to be connected, and only the property so specified shall be connected.

C. Special permit. No person shall place, discharge or dispose of any material, solid or liquid, into the sewer system or any part thereof, except by means of authorized connections; and no substance shall be placed, discharged or disposed of in the sewer system except substances or waste materials originating on the premises for which a sewer connection permit has been issued; except that authorized substances may be placed in the sewer system at places designated by the utilities general manager when a special permit shall have been issued by the utilities general manager. Special permits shall specify the terms and conditions under which substances may be placed in the sewer system. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.282 Connection permit—Application; issuance.

A. Any person legally entitled to apply for and receive a connection permit shall make such application on forms provided by the city for that purpose. The applicant shall describe the location, ownership, occupancy and

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use of the premises to be connected. The utilities general manager may require plans, specifications or drawings and such other information deemed necessary.

B. If the utilities general manager determines that the plans, specifications, drawings, descriptions or information furnished by the applicant is in compliance with this code and other ordinances, rules and regulations of the city, the permit applied for shall be issued upon payment of the required deposit and fees as fixed in this chapter.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.283 Connection permit—Compliance with terms.

After approval of an application for a connection permit, evidenced by the issuance of a sewer connection permit, no change shall be made in the location of the sewer, the grade or other details from those described in the sewer connection permit or as shown on the plans and specifications for which the permit was issued, except with written permission from the utilities general manager. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.284 Special sewer permits—Application; issuance.

A. Any person legally entitled to apply for and receive a special sewer permit shall make application on forms provided by the city for that purpose. He shall give a description of the character of the work proposed to be done or the use proposed to be made of the sewer, and the location, ownership, occupancy and use of any premises in connection with the special sewer permit. The utilities general manager may require plans, specifications or drawings and such other information as he may deem necessary.

B. If the utilities general manager determines that the plans, specifications, drawings, descriptions or information furnished by the applicant is in compliance with the provisions of this code and other ordinances, rules and regulations of the city, the permit applied for shall be issued upon payment of the required fees as fixed in this chapter.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.285 Same—Compliance with terms.

After approval of an application for a special sewer permit, evidenced by the issuance of the special sewer permit, no change shall be made in the conditions agreed to in the permit or as shown on the plans and specifications for which the permit was issued except with written permission from the city, the utilities general manager or other authorized representatives.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.286 Permit for connections outside city.

A. No lot or parcel of land located outside the corporate limits of the city shall be connected to the sewer system unless a permit therefor is obtained. The applicant shall first enter into a written contract binding the applicant, heirs, successors and assigns to abide by all of the provisions of this code and other ordinances, rules and regulations in regard to the manner in which the sewer system shall be used and the manner of connecting therewith, and also shall agree to pay all fees required for securing the permit and a monthly charge in the amount set by the city council or the district.

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B. The city council must approve an agreement with any applicant for permit fees, sewer connection charges, deposits and monthly charges for properties or users located outside the corporate limits of the city for service, but in no case shall the amounts be less than the fees, deposits or charges made within the corporate limits of the city.

C. The granting of permission for the connection to or use of the sewer system by properties or users located outside the corporate limits of the city, in any event, shall be optional with and in the discretion of the council.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.287 Agreement by permittee.

A. The applicant's signature on an application for any permit shall constitute an agreement to comply with all of the provisions, terms and requirements of this chapter and other ordinances, rules and regulations of the city pertaining to the sewer system, and with any plans and specifications filed with the application, together with any corrections or modifications as may be made or permitted by the city.

B. Such an agreement shall be considered a guarantee that the bills for service to the property or to the occupant thereof will be paid and shall be binding upon the applicant and may be altered only by the city upon the written request for the alteration from the applicant. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.288—13.01.310 Reserved.

Article V Fees, Charges and Billing
Division 1 Generally

13.01.311 Connection charges established; purchase of connection rights.

A. Permit fee. The fee for a sewer connection permit or special sewer permit shall be in an amount adopted by ordinance of the district. After this fee has been paid, it shall not be refunded.

B. Residential sewer capacity connection charge. There shall be a connection charge in an amount adopted by ordinance of the district. Sewer capacity connection charges shall not be refundable.

C. Commercial sewer capacity connection charges. There shall be a connection charge in an amount adopted by ordinance of the district for commercial connections. Flow estimates and strength factors may be based on comparisons to similar existing users or on engineering estimates. The flow assignments will be revised as consumption records become available to the city.

D. Industrial sewer capacity connection charges. There shall be a connection charge in an amount adopted by ordinance of the district for industrial connections. Service units shall be assigned based on a separate environmental review prepared for each industry prior to their connection to the system. This information would normally be part of the environmental review required of any industry by planning and other governmental agencies. Sewer capacity connection charges shall not be refundable.

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E. Non-refundable. Sewer capacity connection charges shall not be refundable. Residential, commercial and industrial sewer capacity connection charges shall be reviewed annually in accordance with the ENR 20 Cities Construction Cost Index and the Consumer Price Index.

F. Use of sewer revenue. In order that sewer service is self-supporting, any revenues from the fees collected over and above city council or district approved expenses or transfers shall be placed in a restricted reserve account in the sewer fund, to be used to offset any possible future increase in sewer charges.

G. Timing of payment of sewer connection fees. The sewer connection charges required under subsections (b), (c), and (d) of this section shall be due as required by the utilities general manager.

H. Construction in-lieu option. The city may allow partial or complete satisfaction of the sewer connection fees required by subsections (b), (c) and (d) of this section through execution of an agreement requiring the construction of public improvements and/or dedication of property. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.312 Deposits.

A. Each property owner shall deposit with the finance director an amount equal to three times the monthly charge set forth in Section 13.01.317. The deposit shall be retained by the city and, in case of delinquency, it shall be applied as necessary to liquidate the cumulative amount of the delinquent charges plus penalties and the cost of collection.

B. If, because of change of classification or for any other reason, the monthly rate is increased or decreased, the owner shall be required to make a supplementary deposit equal to three times the increase in monthly rate in the case of an increase, and the city shall refund to the owner an amount equal to four times the decrease in the monthly rate in the case of a decrease.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.313 Transfer of ownership of property.

A. Upon sale of the property, the former owner shall furnish the finance director with the correct name and mailing address of the new owner. The former owner shall be entitled to a refund of the unused portion of his deposit only after all bills and penalties and other charges have been paid and after the new owner has effected transfer of sewer service by applying for service, by guaranteeing that the bills for service to the property or to the occupant thereof will be paid, and by making the required deposit, which four actions shall constitute transfer of sewer service. Bills will continue to be sent to the former owner, or to the occupant in case the occupant is being billed, until the sewer service has been transferred or until such other date as may be agreed upon between the former owner and the new owner.

B. Notwithstanding any other provisions of this chapter, a former owner who has sold a property shall be entitled to a refund of any unused portion of the deposit after all bills, penalties and other charges for which the former owner is responsible have been paid and after providing proof that the sale has been completed.

For the purpose of this subsection, the former owner shall be responsible for bills, penalties and charges until the end of the month of the sale, except that under unusual circumstances and upon written appeal by the former owner the city council may determine some other appropriate date for the cessation of such responsibility.

C. If a new owner fails for one month to apply for service or make the guarantee or deposit required, the accounting officer shall post notice on the property and mail a copy thereof to the new owner that sewer service will be discontinued unless the new owner does apply for service and make the guarantee and

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required deposit. If, after the notice has been posted for fifteen (15) days, the new owner has not applied for service and made the guarantee and deposit, sewer service shall be discontinued.

D. If service has been disconnected or terminated it shall not be reconnected or restored until all charges, including penalties, have been paid as provided in Section 13.01.356 or in Section 13.01.357, except that, when the responsibility for the payment of delinquent charges plus penalties or accrued charges is in bona fide dispute, a new owner may obtain temporary service by paying the reconnection charge or restoration charge and by applying for service, guaranteeing that the bills for service to the property or to the occupant thereof will be paid, and making the required deposit. Temporary service shall be for a period not to exceed four months, by the end of which time all charges remaining unpaid shall have been paid or service shall be disconnected or terminated. Bills for temporary service shall be rendered in the same manner as for ordinary service. All rules and regulations pertaining to bills, delinquencies and disconnections shall apply to temporary services in the same manner as they apply to ordinary services. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.314 Change of classification.

A. Whenever the utilities general manager finds that the use of a property has changed so that the classification to be used as a basis for determining monthly sewer charges has changed, the utilities general manager shall change the classification accordingly and notify the Finance Director and property owner of said change. The effective date of change in classification shall be the first day of the month following the change.

B. If an owner believes property is improperly classified, the owner may request a change in classification. This request shall be filed in writing with the utilities general manager and shall state the reasons why the owner believes the classification should be changed. Upon receipt of a request for change of classification, the utilities general manager shall investigate the request and either change the classification as provided in this section or, if a change is not justified, notify the owner of this fact.

C. If the use of the property has changed so that the monthly sewer charge will be decreased, the responsibility for notifying the city of the change shall rest with the owner and the owner shall not be entitled to a refund of sewer charges paid in excess of the proper charges as a result of a failure to notify the city of the change in use. If a change in use results in an increase in monthly sewer charge the responsibility for determining the change in use shall rest with the city and the owner shall not be liable for any back charges for increased sewer charges except where it can be shown that the owner has concealed the fact of the change in use or knowingly withheld information which could have been used in determining the true circumstances. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.315 Reserved.

13.01.316 Calculation of equivalent dwelling units for purposes of determining connection charges.

A. All sewer connection charges for residential, commercial and industrial uses shall be based upon the residential equivalent dwelling unit (EDU) service unit rate established in this section, as computed by the utilities department.

B. Equivalent dwelling unit service units shall be based upon three hundred (300) gallons equals one equivalent dwelling unit for permanent housing for one family or tenant. Residential uses include without limitation

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single-family detached residences, apartments, townhouses, condominiums, mobile homes and trailer spaces.

C. Commercial structures are those structures designed for the purpose of providing a permanent structure for enterprises engaged in the exchange of goods and services. This includes but is not limited to all private business and service establishments, schools, churches and public facilities. For purposes of establishing connection charges, commercial equivalent dwelling units shall be determined by multiplying the fixture units (as defined by the Uniform Plumbing Code) shown on the approved building plans by the appropriate sewage factor from the following table (Table 13.01.316(e)). Total equivalent dwelling units for commercial centers with various use categories will be the sum of the equivalent dwelling units computed for each use category.

D. Industrial structures are those designed for the purpose of providing a permanent structure for an enterprise engaged in the production, manufacturing or processing of material. For purposes of establishing industrial connection charges, equivalent dwelling units for industrial uses shall be determined as follows:

1. For domestic type wastewater, multiply the fixture units (as defined by the Uniform Plumbing Code) as shown on approved building plans by a sewage factor of 0.0741 based upon a 20-gallonper-fixture unit flow per day.

2. For nondomestic wastewaters, compute from information contained on the industrial waste discharge permit using the following sewage factor formula:

Sewage Factor Formula
SF = K = [0.37 + 0.31(BOD)/230) + (0.32(SS)/220)]
Where:

SF = Sewage factor
K = Gallons per fixture unit divided by the average domestic household flow of 270 gallons = 1 EDU
BOD5 mg/l = User's discharge—Biochemical oxygen demand (mg/l) SS mg/l = User's discharge—Suspended residue (mg/l)
EDU = Estimated nondomestic flow [0.37 + 0.31(BOD) / 230)+ (0.32(SS) / 220)]

3. Combine the resultant EDU's derived from subsections (1) and (2) of this subsection.

Table 13.01.316(e)
Commercial Use Categories and Sewage Factors
User Category Type of Business Sewage Flow
Gallons/per day/FU
Bid/TSS
I. Motel/hotel
Recreation/amusement
Restaurant (fast food)
Office
Retail store
Market (without butcher
shop)
Bar/tavern
12 230/220
II. Market (without butcher
shop)
Bakery
Mortuary
24 250/350

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III. Convalescent home
Hospital
Health spa with pool
Restaurant (full service)
42 250/300
IV. Laundromat
Laundry
Dry cleaner (processor)
43 350/500
V. Carwash (coin-operated) 102 150/500
VI. Church
School
Public facility
17 230/220
VII. Health spa without pool 42 230/220
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.317 Calculation of equivalent dwelling units for purposes of determining monthly charges.

Monthly sewer charges for residential, commercial and industrial uses shall be determined based upon the service unit rate formula, as computed by the utilities department according to the following service unit assignment formula:

Service Unit Assignment Formula
SU = F/(270(0.37) + BOD(230) X (0.31) + SS(220) X (0.32) Monthly Sewer Service Charge = SU X Service Unit Rate
Where:

SU = Sewer units
F = Sewage flow in gallons per day based on sewage factor applied to water meter readings
BOD5 = User's discharge—Biochemical oxygen demand (mg/l) SS = User's discharge—Suspended solids concentration (mg/l) Q = Domestic water usage (gallons per day) taken directly from water meter readings. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.318 Monthly sewer rates.

A. Residential, multi-residential, church/social hall, public buildings and schools base sewer rate for property located within the city limits shall be based upon the city's operation, maintenance and replacement rate in an amount adopted by ordinance of the district, plus any currently applicable, legally adopted monthly charge assessed by an agency or district providing sewer treatment service to the city.

B. The commercial base sewer rate for property located within the city limits shall be the combined total of the following amounts:

1. The city's operation, maintenance and replacement rate, in an amount adopted by ordinance of the district;

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2. The city's administrative rate for supervising commercial uses within the city, in an amount adopted by ordinance of the district; plus

3. Any currently applicable, legally adopted monthly charge assessed by any agency or district providing sewer treatment service to the city.

C. The industrial base sewer rate for property located within the city limits shall be the combined total of the following amounts:

1. The city's operation, maintenance and replacement rate in an amount adopted by ordinance of the district;

2. The city's administrative rate for supervising industrial uses within city limits in an amount adopted by ordinance of the district; plus

3. Any currently applicable, legally adopted monthly charge assessed by any agency or district providing sewer treatment service to the city.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.319 Same—Outside city limits.

The monthly charge for each user classification outside the corporate limits of the city shall be one and onehalf (1½) times the city rate, or as agreed upon by the city council or district and the applicant for service. All connections shall be inspected by the engineering department prior to acceptance. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.320 Continuance of monthly charges.

After a property has been connected to the sewer system, the monthly sewer charge shall be imposed, whether the property is occupied or not, until such time as the structure using the sewer service is demolished or unoccupied and the sewer connection is capped. The capping of the sewer service is to be inspected by the development services department.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.321 Annual review of rates; pass-through of rate increases.

A. The sewer rates established by this article shall be subject to annual review and evaluated in conjunction with annual fiscal year budget preparation. Sewer rates shall be set based upon the actual cost to the city for providing sewer service, capital reserve requirements, any administrative overhead allocation as determined by the annual review, plus any deficit recovery as determined by the city council or district. Administrative overhead cost shall be assessed for providing support services to the enterprise fund and shall be set annually by the city council or district through an adopted cost allocation plan.

B. Any increase in any currently applicable, legally adopted monthly charge assessed by an agency or district providing sewer treatment service to the city shall be immediately passed through to the affected property owners. Any amounts over-collected by the city shall be applied first to the deficit recovery, if any, then to fund balance.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

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13.01.322—13.01.350 Reserved.

Division 2 Billing Procedures

13.01.351 Authority to prescribe additional rules and regulations.

The district or city council may, by resolution, adopt rules and regulations for the rendering and collecting of sewer bills. Unless otherwise provided, the rules, regulations and procedures contained within this division shall apply to the rendering and collecting of bills.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.352 Rendering of bills; liability for payment.

A. Sewer bills shall be sent to the owner of the property served, who shall be responsible for the payment thereof. Property owners and occupants may make special arrangements with the finance director on application forms to be provided by the finance director for that purpose for bills to be sent to the occupant of the property rather than to the owner of the property. From the date of the signing and filing of the application, bills shall be sent to the occupant. Thereafter the property owner and the occupant shall be liable, jointly and severally, for the payment of sewer bills.

B. Sewer bills shall be rendered monthly and shall be due and payable upon presentation. The bill for each monthly period shall segregate amounts charged for collection and sewer treatment service. The agency responsible for the sewer treatment service shall be named on the bill. The bill shall be mailed not later than the tenth day of the second month for which service has been rendered and is billed. The commencement date for sewer bills for newly constructed structures shall be the first day of the month following the date upon which final inspection is given by the development services department or the first day of the month following the date that the premises or any portion thereof are occupied, whichever occurs first. The commencement date for sewer bills for structures previously served by facilities other than the city sewer system shall be the first of the month following the date that the structure is connected to the city sewer system.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.353 Action on delinquent bills.

On the 15th day of the month following the month in which a sewer bill is mailed, the bill shall become delinquent if the bill or any portion thereof which is subject to a bona fide dispute remains unpaid. A delinquent bill shall be subject to a penalty charge of ten (10) percent of the amount of the delinquent balance. After a bill has become delinquent, the finance director shall notify the owner or the occupant if the occupant has requested the bills be sent directly to the occupant, of such delinquency. Notification shall be made by United States mail. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.354 Lien for delinquent charges.

Any sewer rates authorized pursuant to this article which remain unpaid for 60 days past the date upon which they were billed may be collected thereafter by the city, as provided as follows:

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1. The city shall cause a report of delinquent sewer fees to be prepared periodically. The city council shall fix a time, date and place for hearing the report and any objections or protests thereto. The report shall contain a list and description of each parcel of real property to which is attributed a delinquency in the payment of sewer rates, for a period of sixty (60) days or more, the names of the owners and the total amount of the delinquency attributable to that parcel.

2. The city council shall cause notice of the hearing to be mailed to the owners of the property with delinquencies, as listed on the latest equalized assessment roll. Such notice shall contain the date, time and place of the hearing and be sent not less than fourteen (14) days prior to the date of the hearing and shall inform the recipients of the amount of unpaid sewer rates and penalties. Such notice shall inform the owners that the unpaid sewer rates and penalties will be assessed against and shall result in a lien on their property.

3. At the hearing, the city council shall hear any objections or protests of the landowners who are to be assessed for delinquent fees. The city council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

4. The delinquent sewer rates, and any penalties thereon, set forth in the confirmed report shall constitute a special assessment against the respective parcels of land and are a lien on the property for the amount of delinquent fees, the late charges, and cost of lien. The city clerk shall certify that the report has been adopted by the city council in its final form, and file the report with the county auditor.

In addition, the city clerk shall also record the amount of unpaid charges with the county recorder. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.355 Termination of service.

A. If all structures in which sewage is produced are removed from a property served by the sewer system, or if the structure in which sewage is produced is demolished, then the city shall consider the service disconnected and shall provide a prorated adjustment of annual assessment based upon the first day of the month following the notification of removal or demolition of the structure by the city building official. The owner shall be entitled to a refund of the deposit or to such portion of the deposit as may be unused, upon written application therefore. Termination of service shall be considered equivalent to disconnection.

B. Thereafter, the property shall not be inhabited by humans nor shall any sewage be produced thereon until service has been restored through payment of new connection and deposit fees. If the property is inhabited by human beings and any sewage is produced thereon before the service has been restored, the accounting officer shall have authority to disconnect the property without further notice and to pursue any additional available remedies.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.356 Reconnection.

After a building sewer has been disconnected from the sewer system, it shall not be reconnected until all delinquent charges plus penalties, all charges which have accrued since the time of disconnection, any supplementary connection charges, and the estimated cost of reconnection have been paid; the deposit restored to the required amount; and any required guarantee for the payment of bills has been made. In addition to the connection charge, the deposit shall be paid or restored to the required amount as provided in this article. All of the charges, deposits and other amounts required to be paid shall be paid before the building sewer is reconnected to the sewer system.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

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13.01.357 Restoration of terminated service.

After service to a property has been terminated, the sewer connection permit issued for the property shall be considered cancelled. The permit and service shall not be considered as restored until all delinquent charges plus penalties, all charges which have accrued since time of termination, and a restoration charge in an amount adopted by ordinance of the district has been paid and the deposit restored to the required amount. In addition to the amount provided in this section, all of the charges, deposits and other amounts required to be paid shall be paid before the permit and service are restored.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.358—13.01.385 Reserved.

Article VI Extension of Sewer System

13.01.386 Applicability.

The provisions of this article shall apply to additions to and extensions of the sewer system, which extensions or additions are built at the direct expense of property owners, sub-dividers or other persons or groups of persons.

Other provisions of this chapter not in conflict with provisions of this article shall also apply. This article shall not apply to portions of the sewer system constructed by the city and paid for out of the sewer fund, except that nothing in this article shall prohibit the city from participating in the construction of an extension of the sewer system when the extension is of more than local benefit. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.387 Additions and extensions defined.

A. As used in this article, the word "addition" shall mean a system of sewer mains, house connection sewers and appurtenances built by property owners at their expense to serve their land, and which does not serve any other land adjoining the work by direct connection thereto.

B. As used in this article, the word "extension" shall mean a system of sewer mains, house connection sewers and appurtenances built by property owners at their expense to serve their land, and which may also serve other adjoining land, the owners of which have not shared in the cost of the work.

C. A single sewer project may include additions and extensions. The term "property owner," as used in this article, shall include a single person, a group of persons, or a corporation, firm or other combination of persons.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.388 Acceptance of work; special consideration.

A. Following the satisfactory completion of any sewer project for the construction of an addition or extension, and upon recommendation of the superintendent, the city council shall, by resolution, accept the work, which shall then become a part of the city sewer system. The resolution of acceptance shall contain the terms of any special consideration which shall apply to the sewers so accepted.

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B. Special consideration may include provisions for reimbursement and relief from the connection charge, but shall not include provisions for monthly charges different from those established elsewhere in this chapter, except as provided for service to property lying outside the corporate limits of the city. All provisions for special consideration shall terminate at the expiration of ten (10) years following the date of the resolution of acceptance, or at such earlier date as may be established in the resolution of acceptance. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.389 Reimbursement of costs.

A. The provisions of this section shall apply only to extensions and shall not apply to additions. If the resolution of acceptance is to provide for reimbursement, the city shall, before the work is accepted, determine the cost thereof and prorate this cost against all of the land which, in the city's opinion, will ultimately benefit from the work. The proration shall be based upon frontage or such other method as, in the opinion of the city, will provide an equitable sharing of cost. The cost of house connection sewers shall not be included in the determination of cost.

B. The city shall further determine the cost incurred by each person who has participated in the expense of the work. After considering the pro rata share of each such person's cost as based upon the benefit derived from the work, the city shall finally determine the total maximum amount which any person shall subsequently be entitled to receive as a reimbursement from persons connecting to the work.

C. Money which is to be paid as reimbursement shall be paid to each person entitled to receive it in proportion to the outstanding balance which each such person is entitled to receive. Any person entitled to receive reimbursement under the provisions of this article shall keep a correct mailing address on file with the city. If the city is unable to locate any person entitled to receive reimbursement, the city shall send a written notice to that person by registered mail to the last address filed with the superintendent by that person. The notice shall contain a statement of the amount and purpose of the particular reimbursement and shall state that if the person receiving the notice does not claim his portion of the reimbursement within one year from the date of the notice all rights of that person to that particular reimbursement will be forfeited.

D. Any portion of a reimbursement which remains unclaimed for one year after the date of the notice mentioned in subsection (c) of this section shall be paid, as previously provided, to other persons who may be entitled to receive the reimbursement. If any money is available for reimbursement and remains unclaimed for one year after the date of such notice and no other person is entitled to receive it, this money shall be paid into the sewer fund. The right to receive a reimbursement may be transferred by the person entitled to receive it by filing a statement of transfer with the city on a form for transfer to be furnished by the city.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.390 Connecting to additions.

A property owner who desires to connect to an addition shall make application in the same manner as for an ordinary sewer connection.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.391 Connecting to extensions.

A property owner who desires to connect to an extension shall make application in the same manner as for an ordinary sewer connection. If the owner has not shared in the cost of the sewer and if reimbursement

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provisions apply, the owner shall pay to the city the amount which has previously been determined as the pro rata share of the cost of the sewer for his property. This amount shall be paid before the permit is issued. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.392 Relief from connection charge.

A property owner who connects to an addition or extension shall, during the first ten (10) years following the completion of the work and its acceptance into the sewer system, be relieved from part or all of the connection charge at the time the property is first connected to the sewer system if the owner has shared in the cost of the work. Unless otherwise provided in the resolution of acceptance, the amount of relief shall be the entire connection charge, except that no relief shall be given in excess of the cost of the addition or extension, including the house connection sewer, which was incurred by the owner and which applies to the property to be connected.

The amount of the cost shall be determined by the sewer superintendent. Relief from connection charge shall not apply to any supplementary connection charge or any charges subsequently imposed for the reconnection of a disconnected sewer or the restoration of a terminated service. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.393—13.01.420 Reserved.

Article VII Private Sewage Disposal Systems

13.01.421 Permitted use.

Where a public sewer is not available under the provisions of this chapter, the building sewer shall be connected to a private sewage disposal system in accordance with the established requirements of the development services department.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.422 Abandonment.

At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in this chapter, a direct connection shall be made to the public sewer in compliance with this chapter and the rules and regulations of the city, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled in accordance with the requirements of the development services department.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.423 Maintenance.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

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13.01.424 Applicability of other requirements.

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by any other law, ordinance, rule or regulation or by the health officer of the county. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.425—13.01.455 Reserved.

Article VIII Financing of Facilities
Division 1 Generally

13.01.456—13.01.475 Reserved.

Division 2 Sewer Facilities Expansion Fee and Fund

13.01.476 Intent and purpose.

The city council hereby declares that the fees required to be paid by this article are solely for the purpose of producing revenue, to be used to provide necessary sewerage facilities. The continued increase in housing in the city, with the attendant increase in sewage, has created an urgent need to provide the necessary sewerage facilities and the financing thereof.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.477 Facilities expansion fee.

A. In addition to any other fees prescribed by this code, sewerage facilities expansion fees shall be payable to the city for all new dwelling units and mobile home or trailer spaces which will make use of the sewerage facilities of the city. If dry sewers are installed for future connection to the sewerage system, the fees shall be required even though onsite disposal systems are to be utilized as an interim measure. In those cases where onsite disposal systems are authorized for other than interim use due to the lot size and soil conditions, the fees shall not be required, provided that if any such dwelling units so exempted connect to the sewerage system in the future, the fees shall be payable by the then owner of record of the property.

B. Every person constructing a dwelling in a different location or providing a new dwelling unit in a one-family or multi-family dwelling, dwelling group, apartment hotel or mobile home or trailer providing trailer spaces in a mobile home or trailer park, shall pay a sewerage facilities expansion fee in an amount adopted by ordinance of the district. Every person constructing an industrial or commercial building, moving an industrial or commercial building to a different location, providing a new industrial or commercial facility shall pay a sewerage facilities expansion fee in an amount adopted by ordinance of the district. The number of equivalent dwelling units attributable to each industrial or commercial building shall be computed in accordance with Section 13.01.316, as amended. The sewerage facilities expansion fee shall be paid prior to the issuance of the building permit for the subject unit or space.

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C. Sewer expansion fees to be levied on existing system users who expand or revise use. In some situations existing commercial and industrial users will expand uses to meet increasing demands. As a result, additional fixture units will usually be included within the expanded facility. Under these situations the following criteria will apply:

1. Sewer expansion fees will only be levied on the fixture unit (FU) count difference between existing FUs and new FUs.

2. The sewer expansion fee will be determined based on the fee in effect at the time of building or sewer permit issuance for the expanding development.

3. A change in use, placing a commercial development in a different Table 3.01.316(e) category, will not result in the recalculation of sewer expansion obligation for the existing FUs. Only the new added FUs will be levied sewer expansion fees based on the Table 3.01.316(e) category which best defines the proposed use.

D. Attachment of sewer use rights; tied to property or structure. Under certain situations, an existing discharger may want to relocate a business. The issue may then arise as to ownership of certain existing discharge rights in the system. All sewer capacity remains with the existing building and should be sold to building owners rather than tenants. In cases where an existing building is completely demolished, the transfer of capacity rights can be permitted provided that:

1. Proof of building demolition can be documented;

2. Payment for original system capacity can be documented;

3. The demolition occurs simultaneously with the transfer; and

4. The transfer occurs within the city/agency who originally sold the capacity. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.478—13.01.500 Reserved.

Division 3 Sewer Funds

13.01.501 Policy.

It is the policy of the city council that the sewer service be operated as a utility, and that it shall be operated in a prudent manner with adequate reserves to meet emergencies and to replace parts of the system. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.502 Funds established.

The following sewer funds are to be created and maintained:

1. Maintenance and operating fund. The sewer maintenance and operating fund is to be created and maintained for the purpose of paying for the expenses associated with the maintenance and operation of the sewer system. Such expenses are to include direct sewage treatment costs, direct accounting and billing costs, and direct preventative and emergency sewage collection system maintenance costs, as well as general and departmental overhead as defined in Section 13.01.010. The source of the money for this fund is to be sewer permit fees, interest earnings and sewer service charges.

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Refundable sewer deposits provided by property owners are accounted for within this fund, and the amount of such deposits shall not be reflected in the fund balance.

2. Sewer replacement fund. The sewer replacement fund is to be created and maintained for the purpose of paying for replacing parts of the sewer system as they wear out, deteriorate or become obsolete. All items deemed to be replacement of existing facilities shall be paid for from this fund. The source of the money for this fund is to be through city council authorized transfers from the sewer maintenance and operating fund. Such transfers are to be authorized so that funds will be available to pay for future replacement of parts of the sewer system. The determination as to the amount of money to be held in this fund will be made by taking into consideration the estimated life and replacement cost of the various parts of the sewer system using the following formula:
(Replacement cost of sewer system facility additions) X (0.10) X (Age of sewer system facilities) ° (75 years)

3. Sewer capital fund. The sewer capital fund is to be created and maintained for the purpose of paying for new sewer facilities found necessary because of the development of the city. Such facilities could include, but are not limited to, pumping stations, sewer laterals, manholes, cleanouts, sewer mains, treatment facilities, interceptors, monitoring stations, and equipment. An annual appropriation shall be made from this fund for general and department overhead. The source of the money for this fund is to be sewer connection charges, interest earnings, sewer installation charges, property assessments, and government grants.

4. Sewerage facilities expansion fund. The sewerage facilities expansion fund is to be created and maintained for the purpose of paying for sewer facilities needed for the expansion of the city including, but not limited to, treatment plants and sewer interceptor lines. The source of the money for this fund is to be the sewerage facilities expansion fee collected pursuant to Section 13.01.477. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.503 Appropriations.

Appropriations from the various funds provided for in this article shall be pursuant to authorization in the annual budget or by special action of the city Council. (Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.504 Allocation of interest earnings.

Moneys in the sewer funds may be commingled with moneys in other funds for cash management and interest earnings purposes, but each sewer fund shall be credited with its pro rata share of all interest earnings based on the fund's average balance.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.505 Loans from sewer funds.

Loans between sewer funds or to other funds may only be made pursuant to authorization of the city council and shall be for a specific time period not to exceed five years. During such time that moneys are on loan from any fund, interest shall be paid annually to the fund. The interest rate during this loan period shall be at least the average rate for the city's interest-bearing deposits during the loan duration. No loans shall be made from the

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maintenance and operating fund and the sewer replacement fund. Existing loans shall be brought into compliance with this section within five years.
(Ord. No. 1057, § 1(Exh. A), 10-23-13)

13.01.506 Allocation of personnel and equipment costs.

A. Personnel. The total number of employees in the sewer maintenance and operating budget shall be determined using the following formula:
(Total number actual hours proposed to be charged to the sewer maintenance and operating fund for permanent employees for the proposed operating budget) / (2,080 hours) Personnel costs will be charged on actual number of hours worked. Personnel costs include salaries and related benefits.

B. Equipment. The original purchase cost charged to the sewer capital fund shall be no more than its pro rata share of time used in sewer activities. The motor pool rental charges shall also be based on the actual hours used; the motor pool shall be responsible for the replacement of these capital items. (Ord. No. 1057, § 1(Exh. A), 10-23-13)
Chapter 13.02 WASTEWATER PRETREATMENT
Article I General Provisions

13.02.010 Intent.

It is the intent of this chapter to protect public health, city and Coachella Sanitary District personnel, the collection system and the environment from waste discharges by nonresidential users with the potential to detrimentally impact the beneficial use of reclaimed water and municipal sludge. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.020 Purpose.

A. The purpose of this chapter is to set forth:

1. Conditions and limitations on the use of the city's sewer system;

2. Specific enforcement provisions to resolve noncompliance with this chapter, thereby allowing the city to:
a. Comply with the laws, regulations, and rules imposed upon it by regulatory agencies; b. Ensure that the city's sewerage facilities and treatment processes are protected and are able to operate with the highest degree of efficiency;
c. Protect the beneficial use of reclaimed water and municipal sludge; and d. Protect the public health and environment.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

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13.02.030 Policy.

A. This chapter shall be interpreted in accordance with the definitions set forth in Article II. The provisions of this chapter shall apply to the direct and indirect discharge of all wastes to facilities of city.

B. The city shall seek the cooperation of the users of the collection system to ensure compliance with this chapter. Reasonable approaches shall be utilized when applying applicable regulations without compromising the intent, purpose and policies of this chapter.

C. The city shall adopt more stringent quality requirements on wastewater discharges regulated by 40 CFR, Chapter I, Subchapter N, Parts 405-471, in the event that more stringent quality requirements are necessary to protect beneficial use of reclaimed water and municipal sludge.

D. The city shall encourage conservation and pollution prevention through source control strategies which reduce the amount of pollutants entering the environment, prior to recycling, pretreatment, or disposal.

E. The city shall use the revenues derived from the application of this chapter to defray the cost of regulating sewer usage to include, but not be limited to, administration, monitoring, permitting, reporting, and enforcement.

F. All costs and expenses incurred by the plan check procedure of the city's source control division shall be paid by the applicant. Plan check fees shall be in an amount established by ordinance or resolution of the district.

G. The city shall ensure that all parties are afforded due process of law. An applicant or user shall be given written notice of rejection of an application, or violation of a control mechanism, or of any enforcement action. Such notice shall include a statement of reasons in support thereof and proposed actions to be taken, if any. Affected applicants or users shall have the right to a hearing. Decisions/determinations may be appealed as set forth in Article V.

H. The city, at its discretion, may utilize any one, combination, or all enforcement remedies provided in Article V in response to any violation.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.040 Scope.

The provisions of this chapter shall apply to sewer construction, use, maintenance, discharge, deposit, or disposal of wastewater, both directly and indirectly, into and through all city collection systems and to the issuance of control mechanisms and assessment/imposition of fees, fines and penalties thereof. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.050 Applicability.

This chapter applies to all nondomestic users of the city's sewer system and specifies herein that all users of the city's sewer system are subject to regulation and enforcement. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.060 Powers.

A. The general manager is authorized to:

1. Issue waste discharge authorizations;

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2. Issue waste discharge permits;

3. Require the installation and maintenance of pretreatment and/or monitoring facilities and equipment;

4. Conduct inspections of facilities, including, but not limited to, inspecting and copying records;

5. Require monitoring and reporting of discharges to the public sewer system;

6. Monitor the quality of wastewater entering the sewer system;

7. Require the development of spill containment plans and reporting of accidental discharges;

8. Require the development of a slug control plan (per Title 40 of the Code of Federal Regulations (40 CFR) 403.8(f)(2)(v));

9. Deny, approve or approve with conditions, new or increased discharges or change in the quantity or characteristics of discharges, when such discharges do not meet applicable pretreatment requirements as specified in 40 CFR 403.8(f)(1)(I).

10. Take enforcement actions against those who violate or cause violation of this chapter or discharge permit conditions. These actions may include, but are not limited to the following:
a. Issuing letters;
b. Issuing notices of violation;
c. Issuing administrative orders ;
d. Issuing cease and desist orders;
e. Initiating and conducting noncompliance meetings;
f. Initiating and conducting administrative hearings;
g. Petitioning the courts for injunctions or civil penalties; h. Signing criminal complaints;
i. Terminating services;
j. Requiring payment of violation charges;
k. Revoking and/or suspending the discharge permit.

11. Delegate authority to the division head or department head of any power granted to or the carrying out of any duty imposed upon the general manager pursuant to this chapter.

12. Adopt such rules, regulations and standards as are reasonable and necessary to protect the collection system and POTW and to control the proper use thereof.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.070 Access.

A. The city shall be permitted to enter all properties from which wastes or wastewaters are being or are capable of being discharged into a public sewer main for purposes of inspecting, observing, measuring, sampling, and testing pertinent to the discharge of wastes or wastewaters to ascertain whether the intent of this chapter is being met and the user is complying with all requirements. The city shall have access at reasonable times to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling.

The city shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. Where a user has security measures in force, the user shall make necessary

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arrangements so that personnel from the city will be permitted to enter without delay for the purpose of performing their specific responsibilities.

B. The city may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated pursuant to the manufacturer's recommendations to ensure their accuracy C. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the city and shall not be replaced. The costs of clearing such access shall be borne by the user.

D. Unreasonable delays in allowing the city access to the user's premises shall be a violation of this chapter. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.072 Search warrant.

If the city has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the city may seek issuance of a search warrant from the superior court of the county of Riverside.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.080 Information required.

To provide for fair and equitable use of sewerage facilities, the city shall have the unqualified right to require a discharger to provide information necessary to insure compliance with all rules, regulations and provisions of this chapter.

All information and data on a user shall be available to the public 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 which would be detrimental to the user's competitive position. The demonstration of the need for confidentiality made by the permittee must meet the burden necessary for holding such information from the general public under applicable state and federal law.

In any event, the city shall not limit EPA's access to any information provided by the discharger.

In any event, information concerning wastewater quality and quantity will not be deemed confidential. Such information may include, but is not limited to:

1. Wastewater discharge peak flow rates and volume over a specified time period;

2. Physical, chemical, bacteriological, or radiological analysis of wastewaters;

3. Information on raw materials, processes, and products;

4. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials;

5. Details of wastewater pretreatment facilities, their operation and maintenance;

6. Details of systems to prevent and control the losses of materials through spills to the public sewer main;

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7. Detailed plumbing plans indicating all sources discharging to the on- or off-site pretreatment or sewerage facilities;

8. A slug control program, per 40 CFR 403.8(f)(2)(v);

9. Notification of discharges of a listed hazardous waste (Section 3001 of the Resource Conservation and Recovery Act (RCRA) to the sewer system per 40 CFR 403.12(p));

10. Baseline monitoring reports per 40 CFR 403.12(b);

11. Compliance progress reports in accordance with all provisions listed in 40 CFR 403.12(c)(d)(e).

12. Notification of potential problems, including slug loading in accordance with all provisions listed in 40 CFR 403.12(f).

13. Notification of substantial changes in volume or character of pollutants discharged in accordance with all provisions listed in 40 CFR 403.12(j).

14. Monitoring and analysis reports demonstrating continued compliance in accordance with all provisions listed in 40 CFR 403.12(g).
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.090 Authority.

The city is regulated by several agencies of the United States Government and the state of California, pursuant to the provisions of federal and state law. Federal and state laws (including, but not limited to:

1. Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C. Section 1251 et seq);

2. California Porter Cologne Water Quality Control Act (California Water Code section 13000 et seq.);

3. California Health & Safety Code sections 25100 to 25250;

4. Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.); and

5. California Government Code, Sections 54739-54740) grant to the city the authority to regulate and/or prohibit, by the adoption of an ordinance, and by issuance of control mechanisms, the discharge of any waste, directly or indirectly, to the city sewerage facilities.

Said authority includes the right to establish limits, conditions, and prohibitions; to establish flow rates or prohibit flows discharged to the city sewerage facilities; to require the development of compliance schedules for the installation of equipment systems and materials by all users; and to take all actions necessary to enforce its authority, whether within or outside the city boundaries, including those users that are tributary to the city or within areas for which the city has contracted to provide sewerage services. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
Article II Definitions

13.02.100 Definitions.

A. Unless otherwise defined herein, terms related to water quality shall be consistent with the Clean Water Act and the Porter-Cologne Water Quality Control Act. If not defined therein, the term shall be consistent with any permit issued pursuant to such acts and consistent with the latest edition of Standard Methods for the

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Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Environment Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations; Title 40; Protection of Environment; Chapter I, Environmental Protection Agency; Part 136, Test Procedures for the Analyses of Pollutants), or as specified. Other terms not defined are defined as being consistent with the International Conference of Building Officials, Uniform Building Code, Current Edition, or the International Association of Plumbing and Mechanical Officials, Uniform Plumbing Code, Current Edition.

B. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.

1. "Applicant" shall mean any person or persons who has applied for permission to use the city's collection system for commercial or industrial purposes.

2. "City manager" shall mean the city manager of the city of Coachella.

3. "Categorical pretreatment standards" shall mean those final regulations promulgated and adopted by EPA (as outlined in 40 CFR 403, and 40 CFR, Chapter I, Subchapter N, 405-471) for each standard industrial classification (S.I.C.) or subcategory containing pollutant discharge limits.

4. "Categorical user" shall mean any industrial user whose process(es) are subject to categorical pretreatment standards.

5. "Cesspool" shall mean a lined excavation in the ground which receives the discharge of a sewage drainage system, or part thereof, so designed as to retain the solids and organic matter, but permitting liquids to seep through the bottom and sides. This shall also mean seepage pit.

6. "Code of Federal Regulations (CFR)" shall mean the codification of the general and permanent rules published in the United States Federal Register by the executive departments and agencies of the Federal Government to include but not limited to the Environmental Protection Agency.

7. "Collection System" shall mean the combined pipes, conduits, manholes and other structures, above and below ground, whose purpose is to convey wastewater to a City RWRF/POTW.

8. "Compatible or conventional pollutant" shall mean a combination of BOD, total suspended solids, pH, fecal coliform bacteria, plus other pollutants that the city's treatment facilities are designed to accept, treat and/or remove. Some compatible pollutants may be considered incompatible when discharged in quantities that have an adverse effect on the city's collection, treatment, disposal systems and/or discharge permit regulating the treatment facilities cause interference or pass through.

9. "Control mechanism" shall mean waste discharge permit, waste discharge authorization, special agreement or other regulatory mechanism.

10. "Department head" shall mean that person duly designated by the city manager to direct the collection and source control divisions and perform the duties as specified in this chapter.

11. "Discharger" shall mean any person, entity or collection agency who discharges or causes a discharge of wastewater directly or indirectly to a public sewer main. Discharger shall mean the same as user.

12. "Discharge requirements" shall mean the requirements of federal (as listed in 40 CFR 403), state or local public agencies having jurisdiction over the effluent discharges from city regional water reclamation facilities/publicly owned treatment works (POTW).

13. "Discharge or indirect discharge" shall mean the introduction of pollutants into a POTW from any nondomestic source.

14. "District" shall mean the Coachella Sanitary District.

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15. "Division Head" shall mean that person duly designated by the general manager to implement the city's source control program and perform the duties as specified in this chapter.

16. "Domestic wastewater" shall mean the liquid and solid waterborne wastes derived from the ordinary living processes of humans of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private disposal system.

17. "General manager" shall mean the utilities general manager of the city of Coachella.

18. "Incompatible or nonconventional pollutant" shall mean any pollutant which is not a compatible pollutant as defined herein.

19. "Indirect discharger" shall mean any person, entity or collection agency who discharges or causes a discharge of wastewater to a septic tank, cesspool, chemical toilet, or private sewer system which, from time to time, is serviced by a septic tank pumper permitted by the city to discharge to city sewerage facilities.

20. "Industrial user" shall mean any discharger of nondomestic wastewater to a collection agency's sewer main either directly, or indirectly.

21. "Industrial wastewater" shall mean all liquid carried wastes including, but not limited to, all wastewater from any producing, manufacturing, processing, institutional, commercial, restaurant, agriculture, or other operation where the wastewater discharged contains quantities of wastes of non-human origin and excluding domestic wastewater, rainwater, groundwater, stormwater, and drainage of uncontaminated water.

22. "Inspector" shall mean a person authorized by the general manager to inspect any establishment directly or indirectly discharging or anticipating discharge to a public sewer main or a RWRF/POTW.

23. "Interference" shall mean a discharge by a user which, alone or in conjunction with discharges by other sources, inhibits or disrupts the city's RWRF/POTW, its treatment processes or operations, or its sludge processes, use or disposal; and which is a cause of a violation of any requirement of the RWRF/POTW's discharge order (including an increase in the magnitude or duration of a violation), or of the prevention of sewage sludge use or disposal in compliance with applicable federal, state, and local regulations (per 40 CFR 403.3 (I)).

24. "Local limits" shall mean a set of technically based discharge limits that are developed by the city to protect the public sewer main and to prevent sludge contamination or violation of discharge requirements.

25. "Mass emission rate" shall mean the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of particular constituent or combination of constituents.

26. "New source" shall mean any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307c of the Act. (40 CFR 403.3K Definitions)

27. "Nondomestic wastewater" shall mean all wastewater except domestic wastewater and pollutant-free wastewater. This shall also mean industrial wastewater.

28. "Normal working day" shall mean the period of time during which production and/or operation is taking place.

29. "Pass through" shall mean the discharge of pollutants through the RWRF/POTW in quantities or concentrations which are a cause in whole or in part of a violation of any requirement of the RWRF/POTW's discharge order (per 40 CFR 403.3(n)).

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30. "Permittee" shall mean a person who has applied for and received permission to discharge into the city's collection system subject to the requirements and conditions established by the city.

31. "Person" shall mean any individual, partnership, firm, association, corporation or public agency, including the State of California and the United States of America.

32. "Pollutant" shall mean any constituent or characteristic of wastewater on which a discharge limitation or prohibition may be imposed either by the city or the regulatory agencies empowered to regulate the city.

33. "Pretreatment" shall mean 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 discharge of the wastewater into a collection agency's system. The reduction or alteration may be accomplished by physical, chemical or biological process or process changes, or by other means.

34. "Pretreatment facility" shall mean any works or devices for the treatment or flow control of wastewater prior to discharge.

35. "Pretreatment requirements" shall mean any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

36. "Pretreatment standard or standards" shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

37. "Public agency" shall mean the state of California or any city, county, district, other local authority or public body within this state.

38. "Public nuisance" shall mean anything which: (1) is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, and (2) affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal, and (3) occurs during or as a result of the treatment or disposal of wastes.

39. "Public sewer main" shall mean any closed conduit, excluding building sewers, which is financed, installed, owned, operated, or maintained by a collection agency for the purpose of transporting wastewater from building sewers.

40. "RCRA" shall mean Resource Conservation and Recovery Act of 1976 Public Law (PI) 94-580 and amendments thereto.

41. "Regional water reclamation facility (RWRF)" shall mean the city sewage treatment plant designed to serve a specific area of the city. Also known as a publicly owned treatment works or POTW, as defined by section 212 of the Clean Water Act.

42. "Regulatory agencies" shall mean those agencies having oversight of the operation of the city, including but not limited to the following:
a. United States Environmental Protection Agency (EPA); b. California Environmental Protection Agency (Cal-EPA); c. California State Water Resources Control Board (SWRCB); d. California Regional Water Quality Control Board, Colorado River Basin Region (CRBR)

43. "Residential user" shall mean a household which discharges only domestic wastewater from a dwelling unit.

44. "Responsible party" shall mean:

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a. If the user is a corporation, a responsible corporate officer, that is:
(i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or
(ii) The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. b. If the user is a partnership or sole proprietorship. a general partner or proprietor, respectively. c. If the user is a federal, state, or local governmental entity, or their agents, the principal executive officer or director having responsibility for the overall operation of the discharging facility. (i) By a duly authorized representative of the individual designated in paragraph (1), (2) or (3) of this definition if:
(a) The authorization is made in writing by the individual described in paragraph (1), (2) or (3);
(b) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and (c) The written authorization is submitted to the city. d. If an authorization under paragraph (D) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of paragraph (D) of this section must be submitted to the city.

45. "Sanitary wastewater" shall mean domestic quality wastewater from other than a dwelling unit.

46. "Septic tank" shall mean a watertight receptacle which receives the discharge from a sewer system and is designed and constructed to retain solids, digest organic matter through a period of detention, and allow the liquids to discharge for disposal.

47. "Sewerage facilities" shall mean any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater.

48. "Significant industrial user" shall mean:
a. A user subject to categorical pretreatment standards; or b. A user that:
(i) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the city's collection system (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
(ii) Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the RWRF; or (iii) Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the RWRF's operation or for violating any pretreatment standard or requirement.

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c. Upon a finding that a user meeting the criteria in subsection (B) has no reasonable potential for adversely affecting the RWRF's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8 (f) (6), determine that such user should not be considered a significant industrial user.

49. "Significant noncompliance (SNC)" shall mean any user with compliance violations which meet one or more of the following criteria:
a. Chronic violations of wastewater discharge limits, defined as those in which sixty-six (66) percent or more of all of the measurements taken during a six month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter; b. Technical review criteria (TRC) violations, defined as those in which thirty-three (33) percent or more of all of the measurements taken during a six month period equal or exceed the product of the daily maximum limit or the average limit times the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); c. Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the city determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public); d. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the city's exercise of its emergency authority to halt or prevent such a discharge;
e. Violations of schedule milestones for starting construction, completing construction or achieving final compliance, including failure to meet, by ninety (90) days or more after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction, or attaining final compliance; f. Failure to provide required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules within thirty (30) days of the due date;
g. Failure to accurately report noncompliance;
h. Any other violations or group of violations which the city considers to be significant.

50. "Single pass cooling" shall mean unpolluted water used for the absorption and immediate discharge of excess thermal energy to the environs prior to heat exchange and reuse.

51. "Slug" shall mean any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds five times the average 24-hour concentration of flows during normal operation for a period of fifteen (15) minutes or more and/or has a significant adverse impact, either singly or in combination with other discharges, on the collection agency's sewer system or the quality of the effluent from the involved city treatment plant.

52. "Spill containment" shall mean a protection system installed by the user to prohibit the accidental discharge to the sewer of incompatible pollutants.

53. "Standard industrial classification (S.I.C.)" shall mean the system of classifying industries identified in the S.I.C. manual, issued by the office of management and budget.

54. "Toxic pollutants" shall mean those substances which, individually or when combined with other substances normally found in domestic sewage, result in wastes in a collection agency sewer system in concentrations or quantities which could have an adverse or harmful effect on such sewer system facilities, sewer treatment plant operations and maintenance personnel or equipment, treated sewage

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effluent quality, water reclamation procedures, public or private property, or which may endanger the public, local environment, or create a public nuisance.

55. "User" shall mean any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. User shall include discharger.

56. "Violation" shall mean an event or condition at a user's facility that is prohibited by ordinance, control mechanism, or order.

57. "Violation charge" shall mean that charge levied against a user for as a result of a waste discharge violation.

58. "Waste discharge authorization" shall mean the revocable permission to discharge wastewater to the public sewer main subject to technically based limits on wastewater constituents and characteristics.

59. "Waste discharge permit (WDP)" shall mean the periodically renewable, revocable permission to discharge industrial wastewater to the public sewer main subject to technically based limits on wastewater constituents and characteristics.

60. "Waste discharge violation" shall mean the failure by a user to comply with this chapter, or any conditions or reporting requirements as contained in their control mechanism.

61. "Waste hauler" shall mean any commercial pumper that is permitted by Riverside County Department of Health as a nonhazardous liquid waste hauler, discharging domestic and sanitary wastewater only.

This shall also mean septic tank pumper.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.101 Other meanings.

Words used in this chapter in the singular may include the plural and the plural the singular. Use of masculine shall mean feminine and use of feminine shall mean masculine. Shall is mandatory; may is permissive or discretionary.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
Article III General Sewer Use Requirements

13.02.300 Prohibited discharge standards.

A. General Prohibitions. No user shall introduce or cause to be introduced into the city's collection system any pollutant or wastewater which, alone or in conjunction with other substances, causes pass through or interference. These general prohibitions apply to all users whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

B. Specific Prohibitions. No user shall introduce or cause to be introduced into the city's collection system the following pollutants, substances, or wastewater:

1. Pollutants which create a fire or explosive hazard in the city's RWRFs or collection system, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140° F (60° C) using the test methods specified in 40 CFR 261.21;

2. Wastewater having a pH less than 5.0 or more than 10.5, or otherwise causing corrosive structural damage to the city's RWRFs or collection system or equipment;

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3. Solid or viscous substances in amounts which will cause obstruction of the flow in the city's RWRFs or collection system resulting in interference but in no case solids greater than three-eighths (⅜) inches in any dimension;

4. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the city's RWRFs or collection system;

5. Wastewater having a temperature greater than 140° F (60° C), or which will inhibit biological activity in the RWRF resulting in interference, but in no case wastewater which causes the temperature at the introduction into the RWRF to exceed 104° F (40° C) or which falls below 40° F;

6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the city's RWRFs or collection system in a quantity that may cause acute worker health and safety problems;

8. Trucked or hauled pollutants, except at discharge points designated by the general manager;

9. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

10. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the RWRF's effluent;

11. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;

12. Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the general manager;

13. Sludges, screenings, or other residues from the pretreatment of industrial wastes;

14. Detergents, surface-active agents, or other substances which may cause excessive foaming in the city's RWRFs or collection system;

15. Wastewater required to be manifested under RCRA, unless specifically authorized by the general manager.

16. Infectious wastes as defined in the California Health and Safety Code.

C. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the city's collection system. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.310 Discharge of pollutant to watercourse.

No person shall circumvent or obviate the intent or purpose of this chapter by discharging or by causing to be discharged, into any storm drain, channel, natural watercourse or public street, any material or waste prohibited or restricted as to its discharge into a sewer system. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

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13.02.312 Discharge of pollutant to ground.

No person shall deposit or discharge or cause to be deposited or discharged into any sump which is not impermeable, or into any pit or well, or onto the ground, or into any storm drain or watercourse, any material which, by seeping underground or by being leached or by reacting with the soil, can pollute usable groundwaters, or any pretreatment wastes.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.314 Point of discharge.

No person, excluding authorized city personnel involved in maintenance functions of sanitary sewer facilities, shall discharge or cause to be discharged any wastewater or any other matter directly into a manhole or other opening leading to the POTW other than through an approved building sewer, unless written permission for the discharge has been provided by the general manager.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.316 Dilution of flow.

No person shall 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 limitations contained in this chapter, in categorical standards, or in any other pollutant-specific limitations developed by the city. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.318 Interference with City equipment or facilities.

No person shall enter, break, damage, destroy, uncover, deface or tamper with any temporary or permanent structure, equipment or appurtenance which is part of the POTW or is required or authorized by the provisions of this article.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.320 National Categorical Pretreatment Standards.

A. The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated.

B. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the general manager may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

C. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the general manager shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).

D. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

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E. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

F. Any user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the general manager within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month.

Any user not notifying the general manager of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.330 State requirements.

State requirements and limitations on dischargers shall apply in any case where they are more stringent than the federal requirements and limitations, or those in this chapter. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.340 Local limits.

A. No user shall discharge or cause to be introduced directly or indirectly into the city's collection system, a quantity or quality of wastewater which exceeds the local limits on discharges to public sewer mains established by the city. The local limits, conventional pollutant surcharge limits, and surcharge fees specific to each city RWRF may be adopted by resolution of the city council or district.

B. These limits apply at the point where the wastewater is discharged to the city's collection system. The general manager may impose limitations based on concentrations of pollutants in milligrams per liter or as an amount of pollutants in pounds per day.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.350 Limitations on water softeners.

Water softeners will be regulated in accordance with state law. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.360 Right of revision.

The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the city's RWRFs or collection system. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.370 Dilution.

No user shall ever 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 a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The general manager may impose such limitations on the amount, in pounds per day, of pollutants discharged by users who are using dilution to meet

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applicable pretreatment standards or requirements, or in other cases when the imposition of such limitations is appropriate.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.380 Special restrictions—Cesspool, septic tank, holding tank, waste hauler.

A. Cesspool, septic tank and holding tank pumpings containing only domestic and/or sanitary wastes may be accepted only at city designated locations from holders of both a valid liquid waste hauler water discharge permit issued by the city and a valid environmental health permit issued by the County of Riverside Health Services Agency Department of Environmental Health. The contents of any cesspool or septic tank may not be pumped directly into a public sewer main unless specifically approved by the city under emergency or other abnormal short duration circumstances. Wastes from industrial process sources are prohibited and may not be hauled and discharged to the public sewer system.

B. No waste hauler shall discharge to the POTW except as set forth herein:

1. Septic tank waste may be introduced into the POTW only at locations designated by the general manager, and at such times as are established by the general manager. Such waste shall not violate any requirements established by the city. The general manager may require septic tank waste haulers to obtain a control mechanism.

2. Industrial waste haulers may discharge loads only at locations designated by the general manager. No load may be discharged without prior consent of the general manager. The general manager may collect samples of each hauled load to ensure compliance with applicable standards. The general manager may require the industrial waste hauler to provide a waste analysis of any load prior to discharge. Industrial waste haulers must provide a waste tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

3. Wastewater from recreational vehicles and boats shall only be discharged at dump sites designated for such use. The city reserves the right to inspect records of individual wastewater dumps from the authorized operators of each designated dump site. Detailed plans describing such facilities and operating procedures shall be submitted to the general manager for review, and shall be acceptable to the general manager before such facilities are constructed. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.382 Vehicle servicing facilities.

A. Any facility maintained for the servicing, washing, cleaning or repair of vehicles licensed by the state department of motor vehicles, construction equipment, industrial transportation or power equipment shall install and maintain a gravity separation interceptor in accordance with Section 13.02.384. Wastewaters from toilets shall not be allowed to pass through this interceptor, but all wastewaters arising from the servicing and repair of vehicles shall pass through this interceptor before discharge to the POTW. If the vehicle servicing facility does not include facilities for the washing of more than one vehicle at a time, the interceptor shall have a fluid capacity of not less than one thousand five hundred (1,500) gallons. If the vehicle servicing facility has facilities for washing or cleaning more than one vehicle at a time, the interceptor shall be as large as necessary so that a seven-day accumulation of sand and oil together will not fill more

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than twenty-five (25) percent of the fluid capacity. The interceptor shall be designed so as to retain any oil and grease which will float and any sand which will settle.

B. Any interceptor legally and properly installed at a vehicle servicing facility before January 1, 2012, shall be acceptable as an alternative to the interceptor specified in subsection (a) of this section, provided such interceptor is effective in removing sand and oil and is so designed and installed that it can be inspected and properly maintained.

C. The plumbing official shall not approve the plumbing of a vehicle servicing facility if it does not have a gravity separation interceptor meeting the requirements of this section. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.384 Food processing facilities.

A. All restaurants or other food processing facilities shall direct all wastes from floor drains, sinks, waste container wash racks and dishwashers through a two-compartment gravity separation interceptor. All domestic wastewaters from restrooms, showers and drinking fountains shall be kept separate until the previously specified wastes have passed through the interceptor. The interceptor shall have a minimum fluid capacity of seven hundred fifty (750) gallons, or as required by Appendix H of the latest edition of the Uniform Plumbing Code, whichever is greater. Any interceptor or grease trap legally and properly installed at a food processing facility before January 1, 2012, shall be acceptable as an alternative to the interceptor specified in this subsection, provided such interceptor or grease trap is effective in removing grease and is so designed and installed that it can be inspected and properly maintained.

B. Conditional waivers for the grease interceptor requirement may be granted by the city for those restaurants determined not to have adverse effects on the POTW. Conditional waivers may be revoked for the following reasons:

1. Changes in types of food prepared;

2. Falsification of information submitted in the restaurant survey form;

3. Changes in operating hours;

4. Changes in equipment used;

5. Violation of any conditions contained in the waiver. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
Article IV Control Mechanisms
Division 1 General Requirements

13.02.400 Wastewater analysis.

When requested by the general manager, a user must submit information on the nature and characteristics of its wastewater within ninety (90) days of the request. The general manager is authorized to prepare a form for this purpose and may periodically require users to update this information. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

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13.02.402 Control mechanism requirement.

A. The city may require any user to obtain a control mechanism prior to discharging to the city's collection system or to obtain control mechanisms as necessary to carry out the purposes of this chapter, including but not limited to obtaining a permit, installing a gravity separation interceptor, a spill containment system, implementing a slug control plan, installing pretreatment facilities, or utilizing other best management practices.

B. No significant industrial user shall discharge wastewater into the city's collection system without first obtaining a control mechanism, except that a significant industrial user that has filed a timely application pursuant to Section 13.02.404 may continue to discharge for the time period specified therein.

C. Any violation of the terms and conditions of a control mechanism shall be deemed a violation of this chapter and subject the user to the sanctions set out in Article V of this chapter. Obtaining a control mechanism does not relieve the user of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.404 Issuing control mechanisms—Existing connections.

Any user required to obtain a control mechanism who was discharging wastewater into the city's collection system prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the general manager for a control mechanism in accordance with Section 13.02.408, and shall not cause or allow discharges to the city's collection system to continue after one hundred twenty (120) days of the effective date of this chapter except in accordance with a control mechanism issued by the general manager.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.406 Issuing control mechanisms—New connections.

Any user required to obtain a control mechanism who proposes to begin or recommence discharging into the city's collection system must apply for such control mechanism prior to the beginning or recommencing of such discharge. An application for this control mechanism, in accordance with Section 13.02.408, must be filed at least sixty (60) days prior to the date upon which any discharge will begin or commence. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.408 Waste discharge application contents.

All users required to obtain a control mechanism must submit a waste discharge application. The general manager may require all users to submit as part of an application the following information:

A. All information required in Section 13.02.600(B) of this chapter; B. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the city's collection system;
C. Number and type of employees, hours of operation, and proposed or actual hours of operation; D. Each product produced by type, amount, process or processes, and rate of production;

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E. Type and amount of raw materials processed (average and maximum per day); F. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; G. Time and duration of discharges;
H. An application fee, annual fee, special use fee, connection fee, and/or pretreatment program fees as may be established by ordinance or resolution of the city council or district; and I. Any other information as may be deemed necessary by the general manager to evaluate the waste discharge application.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.410 Application signatories and certification.

All waste discharge applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.412 Control mechanism decisions.

The general manager will evaluate the data furnished by the user and may require additional information.

Within thirty (30) days of receipt of a complete waste discharge application, the general manager will determine whether or not to issue a control mechanism. The general manager may deny any application for a control mechanism.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
Division 2 Control Mechanism Issuance Process

13.02.500 Control mechanism duration.

A. A waste discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A waste discharge permit may be issued for a period less than five years, at the discretion of the general manager. Each waste discharge permit will indicate a specific date upon which it will expire.

B. A waste discharge authorization shall be issued for an indefinite time period, subject to review and reconsideration at the discretion of the general manager.

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C. A special agreement shall be issued for a specified time period, set forth in the terms of the special agreement.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.502 Waste discharge permit contents.

A. Waste discharge permit shall include such conditions as are deemed reasonably necessary by the general manager to prevent pass through or interference, protect the quality of the water body receiving the RWRF's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the RWRF and the city's collection system.

Waste discharge permits must contain:

1. A statement that indicates waste discharge permit duration, which in no event shall exceed five years;

2. A statement that the waste discharge permit is nontransferable without prior notification to the city in accordance with Section 13.02.508, and provisions for furnishing the new owner or operator with a copy of the existing waste discharge permit;

3. Effluent limitations based on applicable pretreatment standards;

4. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, frequency, and sample type based on federal, state, and local law;

5. A statement of applicable civil and criminal penalties for violations of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.

B. Waste discharge permits may contain, but need not be limited to, the following conditions:

1. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

2. Requirements for the installation and maintenance of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the city's collection system;

3. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges;

4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the city's collection system;

5. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the city's collection system;

6. Requirements for installation and maintenance of inspection and sampling facilities and equipment;

7. A statement that compliance with the waste discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the waste discharge permit; and

8. Other conditions as deemed appropriate by the general manager to ensure compliance with this chapter, and state and federal laws, rules, and regulations. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

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13.02.504 Waste discharge permit appeals.

Any person, including the user, may petition the general manager to reconsider the terms of a waste discharge permit within thirty (30) days of notice of its issuance.

A. Failure to submit timely petition for review shall be deemed to be a waiver of the administrative appeal.

B. In its petition, the appealing party must indicate the waste discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to be placed in the waste discharge permit.

C. The effectiveness of the waste discharge permit shall not be stayed pending the appeal.

D. If the general manager fails to act within thirty (30) days of the filing of an appeal, a request for reconsideration shall be deemed to be a decision to deny such request. Decisions not to reconsider a waste discharge permit, not to issue a waste discharge permit, or not to modify a waste discharge permit shall be considered final administrative actions for the purposes of judicial review.

E. Aggrieved parties seeking judicial review of the final administrative waste discharge permit decision shall do so by filing a petition for writ of mandate with the Superior Court for Riverside County within ninety (90) days.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.506 Waste discharge permit modification.

The general manager may modify a waste discharge permit for good cause including, but not limited to, the following reasons:

A. To incorporate any new or revised federal, state, or local pretreatment standards or requirements; B. To address significant alterations or additions to the discharger's operation processes, or wastewater volume or character since the time of waste discharge permit issuance; C. A change in the RWRF that requires either a temporary or permanent reduction or elimination of the authorized discharge;
D. Information indicating that the permitted discharge poses a threat to the city's collection system, city personnel or the receiving waters;
E. Violation of any terms or conditions of the waste discharge permit; F. Misrepresentation or failure to fully disclose all relevant facts in the waste discharge application or in any required reporting;
G. Revision of or a grant of variance from such categorical standards pursuant to 40 CFR 403.13; H. Correction of typographical or other errors in the waste discharge permit; or I. To reflect a transfer of the facility ownership or operation to a new owner or operator. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.508 Waste discharge permit transfer.

Waste discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the general manager and the general manager approves the waste discharge

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permit transfer. The notice to the general manager must include a written certification by the new owner or operator which:

A. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
B. Identifies the specific date on which the transfer is to occur; and C. Acknowledges full responsibility for complying with the existing waste discharge permit.

Failure to provide advance notice of a transfer renders the waste discharge permit void as of the date of facility transfer.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.510 Waste discharge permit revocation.

A. A waste discharge permit may be revoked for good cause including, but not limited to the following reasons:

1. Failure to notify the general manager of significant changes to the wastewater prior to the changed discharge;

2. Failure to provide prior notification to the general manager of changed conditions pursuant to Section

13.02.620;

3. Misrepresentation or failure to fully disclose all relevant facts in the waste discharge application;

4. Falsifying self-monitoring reports;

5. Tampering with monitoring equipment;

6. Refusing to allow the general manager timely access to the facility premises and records;

7. Failure to meet effluent limitations;

8. Failure to pay fines;

9. Failure to pay sewer charges;

10. Failure to meet compliance schedules;

11. Failure to complete a wastewater survey or the waste discharge application;

12. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

13. Violation of any pretreatment standard or requirement, or any terms of the waste discharge permit or this chapter.

B. Waste discharge permits shall be voidable upon cessation of operations or transfer of business ownership.

All waste discharge permits issued to a particular user are void upon the issuance of a new waste discharge permit to that user.

C. Waste discharge permit revocation is subject to appeal as set forth in Article V. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.512 Waste discharge permit reissuance.

A user with an expiring waste discharge permit shall apply for waste discharge permit reissuance by submitting a complete waste discharge application (or a statement signed by the responsible party that there are

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no changes to the application previously submitted), in accordance with Section 13.02.408, a minimum of sixty (60) days prior to the expiration of the user's existing waste discharge permit. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.514 Regulation of waste received from other jurisdictions.

A. After the effective date of the ordinance codified in this chapter, any agreement entered into by the city and an agency outside of the city's legal boundary, allowing discharge to the POTW, and any modifications to such an existing agreement, shall be subject to the approval of the city council.

B. Such agreements shall provide protections to the POTW equivalent to those set forth in this chapter, such as, but not limited to, compliance with pretreatment standards and pretreatment requirements; rights of inspection and sampling of the user's discharge to determine compliance with such standards and requirements; and imposition of any fees, fines, costs, or deposits as necessary. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.516 Additional control mechanisms.

A. Whenever deemed necessary, the city may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.

B. The city may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater permit may be issued solely for flow equalization.

C. Grease, oil, and sand interceptors shall be provided when, in the opinion of the city, they are necessary for the proper handling of wastewater containing excessive amounts, as defined by the city manager, of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the city and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired as provided by the manufacturer's maintenance documentation, by the user at their expense.

D. Users with the potential to discharge flammable substances may be required, at the discretion of the city manager, to install and maintain an approved combustible gas detection meter. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
Division 3 Reporting Requirements

13.02.600 Baseline monitoring reports.

A. Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6 (a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the city's collection system shall submit to the general manager a report which contains the information listed in paragraph B, below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become

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categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the general manager a report which contains the information listed in paragraph B, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants to be discharged.

B. Users described above shall submit the information set forth below.

1. Identifying Information. The name and address of the facility, including the name of the operator and owner.

2. Environmental Permits. A list of any environmental control permits held by or for the facility.

3. Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the city's collection system from the regulated processes.

4. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the city's collection system from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).

5. Measurement of Pollutants.
a. The categorical pretreatment standards applicable to each regulated process. b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the general manager, of the regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section

13.02.640.
c. Sampling must be performed in accordance with procedures set out in Section 13.02.645.

6. Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

7. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 13.02.605.

8. Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with Section 13.02.410.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.605 Compliance schedule progress reports.

The following conditions shall apply to the compliance schedule required by Section 13.02.600(B)(7) of this chapter:

A. The schedule shall contain progress increments 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

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to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation); B. No increment referred to above shall exceed nine months; C. The user shall submit a progress report to the general manager no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
D. In no event shall more than nine months elapse between such progress reports to the general manager. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.610 Reports on compliance with categorical pretreatment standard deadline.

Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the city's collection system, any user subject to such pretreatment standards and requirements shall submit to the general manager a report containing the information described in Section 13.02.600(B)(4-6) of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section

13.02.410.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.615 Periodic compliance reports.

A. If a permitted user monitors any pollutant using the procedures prescribed in Section 13.02.645, the results of this monitoring shall be at a frequency determined by the general manager but in no case less than twice per year (in June and December), be reported. The report shall indicate the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All such reports must be signed and certified in accordance with Section 13.02.410.

B. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.620 Reports of changed conditions.

Each user must notify the general manager of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change.

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A. The general manager may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a waste discharge application under Section

13.02.408.

B. The general manager may issue a waste discharge permit under Section 13.02.412 or modify an existing waste discharge permit under Section 13.02.506 in response to changed conditions or anticipated changed conditions.

C. For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty (20) percent or greater, and the discharge of any previously unreported pollutants. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.625 Reports of potential problems.

A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the RWRF or the city's collection system, the user shall immediately telephone and notify the general manager of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

B. Within five days following such discharge, the user shall, unless waived by the general manager, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to 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 city's collection system or RWRF(s), natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.630 Reports from unpermitted users.

All users not required to obtain a waste discharge permit shall provide appropriate reports to the general manager as the general manager may require.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.635 Reports of sampling violations/repeat sampling.

If sampling performed by a user indicates a violation, the user must notify the general manager within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the general manager within thirty (30) days after becoming aware of the violation. The user is not required to resample if the city monitors at the user's facility at least once a month, or if the city samples between the user's initial sampling and when the user receives the results of this sampling. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.640 Analytical requirements.

All pollutant analyses, including sampling techniques, to be submitted as part of a waste discharge application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain

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sampling or analytical techniques for the pollutant in question, sampling and analysis must be performed in accordance with procedures approved by US EPA.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.645 Sample collection.

A. Except as indicated in Section B, below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the general manager may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.650 Timing.

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.655 Record keeping.

Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the general manager.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.660 Self-monitoring reports.

Users may be required to submit periodic self-monitoring reports containing a description of the nature, concentration and flow of pollutants required to be reported by the city. Sampling for self-monitoring reports shall be performed during the period covered by the report. All required analyses shall be performed by a state certified laboratory using analytical methods as defined in this article. Significant industrial users shall be required to submit self-monitoring reports at least every six months.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

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13.02.665 Solvent management plans.

All industrial users subject to effective categorical standards which include a total toxic organic limitation shall be required to file a solvent management plan.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.670 Accidental discharge/slug control plans.

The city shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The city may require any user to develop, submit for approval, and implement such a plan. Alternatively, the city may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

A. Description of discharge practices, including nonroutine batch discharges; B. Description of stored chemicals;
C. Procedures for immediately notifying the city of any accidental or slug discharge, as required by Section

13.02.625 of this chapter; and
D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.675 Notification of hazardous waste discharge.

A. All industrial users shall notify the city, the EPA regional waste management division director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be classified as a hazardous waste pursuant to 40 CFR part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. The notifications required by this subsection shall provide the notification no later than 180 days after the discharge of the hazardous waste.

B. Any notification under this subsection need be submitted only once for each hazardous waste discharged.

However, notifications of changed discharges must be submitted in accordance with 40 CFR 403.12(j).

C. The hazardous waste discharge notification requirements specified in this subsection do not apply to pollutants already reported under the self-monitoring requirements of this chapter. Industrial users are also exempt from such requirements during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e).

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D. Discharges of more than fifteen (15) kilograms of non-acute hazardous wastes, as specified in 40 CFR 261.30(d) and 261.33(e), require a one-time notification. Additional notification is not required for subsequent months during which the industrial user discharges additional quantities of the same nonacute hazardous waste.

E. In the case of new federal regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user shall notify the city, the EPA regional waste management division director and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

F. In the case of any notification made under these requirements, the industrial user shall certify that it has a program in place to reduce the volume or toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.680 Toxic organics management plan.

The city may require any user to submit a toxic organic management plan (TOMP) to address the prevention of discharge of toxic organics to the POTW or the environment. A TOMP shall contain, at a minimum, the toxic organic compounds used, the method(s) of disposal, and the procedures for assuring that toxic organics do not spill into the wastewater being discharged. The city may allow a user to develop and implement a TOMP in lieu of required self-monitoring for toxic organics.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.685 Other reports.

Users shall file any other reports required by state law, including such reports as are required by Health and Safety Code chapter 6.95 (§§ 25500 through 25547.2).
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.690 Confidential information.

Information and data on a user obtained from reports, surveys, wastewater permit applications, wastewater permits, and monitoring programs, and from the city's inspection and sampling activities, shall be available to the public 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 under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, 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 immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents, characteristics, and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
Article V Enforcement

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13.02.700 Noncompliance monitoring procedures and applicable fees.

A. Self-Monitoring Requirements as a Result of Noncompliance.

1. If analysis of any sample obtained by the city or by a user shows noncompliance with the applicable wastewater discharge limits set forth in the ordinance or in the permittee's discharge permit, the city may impose self-monitoring requirements on the permittee or user.

2. A user shall perform required self-monitoring of constituents in a frequency, at the specific location, and in a manner directed by the city.

3. All analyses of self-monitoring samples shall be performed by an independent laboratory acceptable to the city and submitted to the city in a form and at a frequency determined by the city.

4. All self-monitoring costs shall be borne by the user.

5. Nothing in this section shall be deemed to limit the authority of the city to impose self-monitoring as a permit condition.

B. Noncompliance Sampling Fees.

1. If analysis of any sample of a user's discharge obtained by the city shows a violation by the user of the mass emission rates or concentration limits specified in the user's discharge permit or in this chapter, then the user shall be subject to noncompliance sampling fees pursuant to fee schedules adopted by ordinance or resolution of the district.

2. The fees specified in Subsection 13.02.700(B)(1) herein shall be imposed for each date on which the city conducts sampling as a result of a violation by a user.

C. Noncompliance Inspection Fees.

1. Each user is subject to routine inspection. When noncompliance with any of the provisions of this chapter is determined, a follow-up inspection may be required. Each user shall receive one follow-up inspection to verify compliance for each routine inspection without being subject to noncompliance inspection fees.

2. When it becomes necessary to perform additional inspections in order to determine compliance with the provisions of this chapter, then the user shall pay noncompliance inspection fees to the city pursuant to fee schedules adopted by ordinance or resolution of the district.

3. The fees specified in Subsection 13.02.700(C)(2) herein shall be imposed for each date (excluding one follow-up inspection) on which the city conducts an inspection as a result of a violation by a user. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.705 Election of enforcement remedies.

The general manager, upon finding a violation, may employ any of the remedies set forth in this article, subject to due consideration of the following:

A. The magnitude of the violation;
B. The duration of the violation;
C. The effect of the violation on RWRF compliance with discharge order; D. The effect of the violation on the operation of the RWRF;

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E. The compliance history of the user; and
F. The good faith of the user.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.710 Notice of violation.

A. Upon finding a violation, the general manager may issue a notice of violation. Within ten (10) working days of the delivery of this notice, the user shall respond to the source control division with either an objection contesting the finding, or an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required action. Said response in no way relieves the user of liability for any violations occurring before or after the receipt of the notice of violation.

B. Upon receipt of an objection contesting a finding of violation, the division head will schedule a hearing within ten (10) working days at which the user may present information supporting the objection. Within five working days of the hearing, the division head shall determine the validity of the objection, either rescinding the notice of violation or denying the objection, thereby requiring submission of the plan. The user may appeal the division head's determination as set forth in Article V. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.715 Administrative orders.

Administrative orders include, but are not limited to, consent orders, show cause orders, cease and desist orders, and compliance orders.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.720 Consent orders.

The general manager may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Section 13.02.730 and shall be judicially enforceable.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.725 Show cause orders.

A. The general manager may order a user which has been given a notice of violation and which has failed to submit an acceptable plan of corrective action or which, having submitted such a plan, fails to follow through with execution of the plan, to appear at a hearing scheduled by the general manager to show cause why the enforcement action proposed in the show cause order should not be taken.

B. The show cause order shall specify the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the user show why the proposed enforcement action should not be taken. The show cause order shall be served personally or by registered or certified mail (return receipt requested) at least fifteen (15) days prior to the hearing. The order may be served on any authorized representative of the user. A show cause order shall not be a bar against, or prerequisite for, taking any other action against the user.

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C. At the conclusion of the show cause hearing, the general manager may: rescind previous enforcement action; issue an appropriate administrative order (consent order, compliance order, or cease and desist order), including assessment of fines; initiate control mechanism revocation proceedings or termination of sewer services; or direct the remission of the file to counsel for legal action. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.730 Compliance orders.

A. When the general manager finds a violation, he may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. if the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated.

B. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standards or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation.

C. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.735 Administrative fines.

A. When, subsequent to a show cause hearing, the general manager finds a violation, he may fine the user in an amount not to exceed five thousand dollars ($5,000.00 ) per violation per day of discharge in violation of any control mechanism or order issued hereunder, or any other pretreatment standards or requirement.

B. The user may be responsible for the city's costs of preparing administrative enforcement actions, such as notices and orders.

Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of five percent of the unpaid balance, and interest shall accrue thereafter at a rate of one and one half (1½) percent per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.

C. Users desiring to dispute an administrative fine must file a written request for the general manager to reconsider the fine along with full payment of the fine amount within thirty (30) days of the user's receipt of notice of the fine. Assessment of fines may be appealed pursuant to Article V. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user.

D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.740 Emergency suspensions.

A. The general manager may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons.

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B. The general manager may also immediately suspend a users discharge, after notice and opportunity to respond, that threatens to interfere with the operation of a regional water reclamation facility, or which presents, or may present, an endangerment to the environment.

1. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution.

In the event of a user's failure to immediately comply voluntarily with the suspension order, the general manager may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the city's collection system, the city's RWRFs, the receiving stream, or endangerment to any individuals. The general manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the general manager that the period of endangerment has passed, unless the termination proceedings in Section 13.02.745 are initiated against the user.

2. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the general manager prior to the date of any show cause or termination hearing under Sections 13.02.725 or 13.02.745.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.745 Termination of discharge.

In addition to the provisions in Section 13.02.510, any user who violates the following conditions is subject to discharge termination:

A. Violation of waste discharge permit conditions;
B. Failure to accurately report the wastewater constituents and characteristics of its discharge; C. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
D. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or
E. Violation of the pretreatment standards in Article III of this chapter.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 13.02.725 why the proposed action should not be taken. Exercise of this option by the city shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.750 Published notices for significant noncompliance.

In accordance with federal regulations, the city shall annually cause to be published the names of all users in significant noncompliance. Said publication shall be made in the newspaper of the largest daily circulation published in the city's service area.

13.02.755 Judicial enforcement remedies.

In certain circumstances, judicial enforcement may be appropriate. Such remedies may include, but are not limited to, injunctive relief, civil penalties, and criminal prosecution.

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(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.760 Injunctive relief.

When the general manager finds a violation, the city may petition the Superior Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the control mechanism, order, or other requirement imposed by this chapter on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation.

A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.765 Civil penalties.

A. Authority. All users of the city's system and facilities are subject to administrative or judicial enforcement actions by the city, U.S. EPA, State of California Regional Water Quality Control Board, or the County of Riverside District Attorney. Said actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (I) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A. Section 1251 et seq.); (2) California Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.); (3) California Hazardous Waste Control Law (California Health & Safety Code Sections 25100 to 25250); (4) Resource Conservation and Recovery Act of 1976 (42 U.S.C.A.

Section 6901 et seq.); and (5) California Government Code, Sections 54739-54740.

B. Recovery of Fines or Penalties. When the city must pay fines or penalties imposed by other regulatory or enforcement agencies based, and the city can establish said violation was the result of the discharge of any user, which discharge was in violation, as defined in this chapter, the city shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of said fines or penalties.

C. Ordinance. Pursuant to the authority of California Government Code Sections 54739-54740, any person who violates any provision of this chapter, any permit condition, prohibition or effluent limit, or any suspension or revocation order, shall be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000.00) per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., any person who violates any provision of this chapter, or any permit condition, prohibition, or effluent limit shall be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000.00) per violation for each day in which such violation occurs. The city shall petition the Superior Court to impose, assess, and recover such penalties, or such penalties as the city may impose, assess, and recover pursuant to federal and/or state law.

D. Administrative Civil Penalties.

1. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the city may issue an administrative complaint against any person who violates:
a. any provision of this chapter;
b. any permit condition, prohibition, or effluent limit; or c. any suspension or revocation order.

2. The administrative complaint shall be served by personal delivery or certified mail, and shall specify a date and time for a hearing, which will be held within sixty (60) days following service. The

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administrative complaint will allege the act or failure to act that constitutes the violation of the city's requirements, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty. The matter shall be heard by a hearing officer designated by the city manager. The person against whom an administrative complaint has been issued may waive the right to a hearing.

3. At the hearing, the person shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence.

4. After the hearing, the hearing officer shall deliver a written report to the general manager, setting forth findings of fact, conclusions and a recommendation. Upon receipt of the written report, the general manager shall issue his decision and order in writing within thirty (30) calendar days after the hearing. The decision and order shall be served by personal delivery or certified mail.

5. In determining the amount of civil penalties, the general manager may take into consideration all relevant circumstances, including but not limited to the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, attempted or taken by the person involved.

6. Civil penalties may be assessed as follows:
a. In an amount which shall not exceed two thousand dollars ($2,000.00) for each day for failing or refusing to furnish technical or monitoring reports;
b. In an amount which shall not exceed three thousand dollars ($3,000.00) for each day for failing or refusing to timely comply with any compliance schedules established by the city; c. In an amount which shall not exceed five thousand dollars ($5,000.00) per violation for each day of discharge in violation of any waste discharge limit, permit condition, or requirement issued, reissued, or adopted by the city;
d. In any amount which does not exceed ten dollars ($10.00) per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the city;

7. The General Manager's order assessing administrative civil penalties shall be final on the 31st day after it is served on the person unless an appeal and request for hearing is filed with the city Manager before the 31st day. Copies of the administrative order shall be served on the party served with the administrative complaint, either by personal service or by registered mail, and a copy forwarded to other persons who appeared at the hearing and requested a copy.

8. The general manager's decision and order is subject to appeal to the city manager pursuant to Section

13.02.785. Any person aggrieved by a final order issued by the city manager may obtain review of the order of the city manager in the superior court, pursuant to Government Code Section 54740.6, by filing a petition for writ of mandate within thirty (30) days following service of the Board's decision or order.

9. Payment of any order setting administrative civil penalties shall be made within thirty (30) days of the date the order becomes final. The amount of any administrative civil penalties imposed which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the discharger from which the discharge resulting in the imposition of the civil penalty originated. The lien shall have no effect until recorded with the county recorder. The city may record the lien for any unpaid administrative civil penalties on the 91st day following the date the order becomes final.

10. No administrative civil penalties shall be recoverable under Section 13.02.765(D) for any violation for which the city has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740.

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E. Filing a suit for civil penalties shall not be a bar to, or a prerequisite for, taking any other action against a user.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.770 Criminal prosecution.

A user who willfully or negligently violates any provision of this chapter, a control mechanism, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00), or imprisonment for not more than six months, or both. Each violation and each day in which a violation occurs may constitute a new and separate violation of this chapter and shall be subject to the penalties contained herein. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.775 Supplemental enforcement actions.

A. Performance Bonds. The city may decline to issue or reissue a wastewater permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the city to be necessary to achieve consistent compliance.

B. Liability Insurance. The city may decline to issue or reissue a wastewater permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.780 Appeals to the general manager.

A. General. Any user or applicant affected by any decision, action or determination may file with the general manager a written request for an appeal hearing. The city must receive the request within thirty (30) days of mailing of notice of the decision, action, or determination to the user or applicant. The request for hearing shall set forth in detail all facts supporting the request.

B. Notice. The general manager shall, within fifteen (15) days of receiving the request for appeal, designate a hearing officer who will hear the appeal and provide written notice to the user or applicant of the hearing date, time and place. The hearing date shall not be more than thirty (30) days from the mailing of such notice by certified mail, unless a later date is agreed to by the user or applicant. If the hearing is not held at the agreed time due to actions or inactions of the user or applicant, then the decision shall be deemed final.

C. Hearing. At the hearing, the user or applicant shall have the opportunity to present information supporting its position concerning the decision, action or determination.

D. Written Determination. After the hearing, the hearing officer shall deliver a written report to the general manager setting forth findings of fact, conclusions, and a recommendation whether to uphold, modify or reverse the original decision, action or determination. Upon receipt of the written report, the general manager shall issue his decision and order within thirty (30) calendar days of the hearing. The written decision and order of the general manager shall be sent by certified mail.

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The order of the general manager shall be final on the sixteenth day after it is mailed, unless a request for hearing is filed with the city manager pursuant to Section 13.02.785, no later than 5:00 p.m. on the fifteenth day following such mailing.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.785 Appeals to the city manager.

A. General.

1. Any user or applicant may appeal a decision, action, or determination made by the general manager prior to the date that the general manager's order becomes final, by filing a written request for hearing with the city manager accompanied by an appeal fee of one hundred dollars ($100.00). The request for hearing shall set forth in detail all the issues in dispute and all facts supporting the request.

2. No later than sixty (60) days after receipt of the request for hearing, the city manager shall either set the matter for a hearing, or deny the request for a hearing.

3. A hearing shall be held by the city manager within sixty-five (65) days of the date the request for a hearing was granted, unless a later date is agreed to by the user or applicant and the city manager. If the matter is not heard within the required time, due to actions or inactions of the user or applicant, the general manager's order shall be final.

B. Granting Request for Hearing. The city manager shall grant all requests for an appeals hearing concerning permit suspension, revocation, or denial. Whether to grant or deny the request for a hearing on appeals of other decisions of the general manager shall be within the sole discretion of the city manager.

C. Appeal Fee Refund. The appeal fee shall be refunded if the city manager denies a hearing.

D. Written Determination.

1. After the hearing, the city manager shall make a determination whether to uphold, modify, or reverse the decision, action, or determination made by the general manager.

2. The city manager's decision shall be set forth in writing and shall contain findings of fact and conclusions. The written decision and order of the city manager shall be sent by certified mail within sixty-five (65) days after the close of the hearing

3. The order of the city manager shall be final upon its adoption. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.790 Appeal of charges and fees.

A. Any user or applicant may request reconsideration of the imposition and collection of fees or charges, such as connection charges, sewer use charges, and waste hauler fees. Following review of such a request, the city shall notify the user or applicant by certified mail of the city's decision on the reconsideration request within thirty (30) days of the city's receipt of the request. Any user or applicant may file an appeal which shall be heard by the city manager. The notice of appeal must be received by the city within thirty (30) days of the mailing of the city's decision on the reconsideration request.

B. Notwithstanding the foregoing, appeals of noncompliance sampling fees shall be made pursuant to the appeal procedure set forth in Sections 13.02.780 and 13.02.785. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

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13.02.800 Payment of charges.

A. Except as otherwise provided, all fees, charges and penalties established by this chapter or by resolution are due and payable upon notice thereof. All such amounts are delinquent if unpaid thirty (30) days after date of invoice.

B. Any charge that becomes delinquent shall have added to it a penalty in accordance with the following:

1. Thirty-one (31) days after date of invoice, a basic penalty of five percent of the base invoice amount, not to exceed a maximum of one thousand ($1,000.00); and

2. Interest at a rate of one and one-half (1½) percent per month of the sum of base invoice amount and basic penalty shall accrue from and after the thirty-first day after date of invoice.

C. Any invoice outstanding and unpaid after sixty (60) days shall be cause for immediate initiation of permit revocation proceedings or immediate suspension of the permit.

D. Penalties charged under this section shall not accrue to those invoices successfully appealed. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.805 Remedies nonexclusive.

The remedies provided for in this chapter are not exclusive. The general manager may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will be in accordance with the city's enforcement response plan. However, the general manager may take other action against any user when the circumstances warrant.

Further, the general manager is empowered to take more than one enforcement action against any noncompliant user.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.810 Collection of delinquent accounts.

Collection of delinquent accounts shall be in accordance with the city's policy for collection of delinquent obligations owed to the city, as amended from time to time; any such action for collection may include an application for an injunction to prevent repeated and recurring violations of this chapter. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.815 Recovery costs incurred by city.

A. In the event a user fails to comply with any of the terms and conditions of this chapter, an administrative order, a permit suspension or revocation, a consent order, or a permit issued hereunder, the city shall be entitled to reasonable attorney's fees and costs which may be incurred in order to enforce any of said terms and conditions with or without filing proceedings in court.

B. The city may require the user to pay any additional costs incurred which are reasonably related to the enforcement of a user's discharge permit or any requirements of this chapter. These costs may include any inspections, monitoring, sampling or other investigations required by the city on a non-routine basis; procurement of water records; additional treatment; reasonable attorney fees and other legal costs, whether or not civil enforcement is pursued in court; any expert analysis required on a non-routine basis;

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any damage to the POTW; costs required to resume normal operations of the POTW; and any other costs incurred by the city in its enforcement efforts. These costs shall be based upon actual cost, including actual staff time incurred for such enforcement activities. These costs are due and payable as directed in any notice and are not subject to appeal. The city shall provide the user an accounting of these costs upon the user's request.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.820 Financial security/amendments to permit.

A. Compliance Deposit. Users that have been subject to enforcement and/or collection proceedings may be required to deposit with the city an amount necessary to guarantee payment of all charges, fees, penalties, costs and expenses that may be incurred in the future, before permission is granted for further discharge to the collection system.

B. Delinquent Accounts. The city shall review and examine user's account to determine whether previously incurred fees and charges have been paid in accordance with time requirements prescribed by this chapter.

The city may thereafter issue an amendment to the user's control mechanism in accordance with the provisions of Article IV and Section 13.02.820.E. of this chapter.

C. Bankruptcy. Every user filing any legal action in any court of competent jurisdiction, including the United States Bankruptcy Court, for purposes of discharging its financial debts or obligations or seeking courtordered, protection from its creditors, shall, within ten (10) days of filing such action, apply for and obtain the issuance of an amendment to its control mechanism.

D. Permit Amendments. The city shall review and examine user's account to determine whether previously incurred fees and charges have been paid in accordance with time requirements prescribed by this chapter.

The city may thereafter issue an amendment to the user's permit in accordance with the provisions of Article IV and Section 13.02.820.E.

E. Security. An amendment to a control mechanism issued pursuant to Sections 13.02.720, 13.02.725, and

13.02.730, may be conditioned upon the user depositing financial security in an amount equal to the average total fees and charges for three calendar months during the preceding year. Said deposit shall be used to guarantee payment of all fees and charges incurred for future services and facilities furnished by city and shall not be used by the city to recover outstanding fees and charges incurred prior to the user filing and receiving protection from creditors in the United States Bankruptcy Court.

F. Return of Security. In the event the user makes payment in full within the time prescribed by this chapter of all fees and charges incurred over a period of two years following the issuance of an amendment to the control mechanism pursuant to Sections 13.02.820(B), (C), and (D), the city shall either return the security deposit posted by the user or credit their account.

G. Water Supply Severance. Water service to the user may be severed for any violation. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.825 Judicial review.

A. Purpose and effect. Pursuant to Section 1094.6 of the California Code of Civil Procedure, the city hereby enacts this part to limit to ninety (90) days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus.

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B. Definitions. As used in this section, the following terms and words shall have the following meanings:

1. "Decision" shall mean and include adjudicatory administrative decisions that are made after hearing, or after revoking, suspending, or denying an application for a permit or a license.

2. "Complete record" shall mean and include the transcript, if any, of the proceedings, all pleadings, all notices and orders, any proposed decision by the general manager, the final decision, all admitted exhibits, all rejected exhibits in the possession of the city or its offices or agents, all written evidence, and any other papers in the case.

3. "Party" shall mean a person whose permit or service has been denied, suspended, or revoked.

C. Time Limit for Judicial Review. Judicial review of any decision of the city or its officer or agent may be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed not later than the ninetieth day following the date on which the decision becomes final. If there is no provision for reconsideration in the procedures governing the proceedings or if the date is not otherwise specified, the decision is final on the date it is made. If there is provision for reconsideration, the decision is final upon the expiration of the period during which reconsideration can be sought; provided that if reconsideration is sought pursuant to such provision the decision is final for the purpose of this section on the date that reconsideration is rejected.

D. Preparation of the Record. The petitioner may request, in writing, the complete record of the proceedings.

The record shall be prepared by the city officer or agent who made the decision and shall be delivered to the petitioner within ninety (90) days after filing the written request. The city may recover from the petitioner its actual costs for transcribing or preparing the record.

E. Extension. If the petitioner files a request for the record within ten (10) days after the date the decision becomes final, the time within which a petition, pursuant to Section 1094.5 of the Code of Civil Procedure, may be filed shall be extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the petitioner or the petitioner's attorney of record, if appropriate.

F. Notice. In making a final decision, the city shall provide notice to the party that the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure.

G. Administrative Civil Penalties. Notwithstanding the foregoing in Section 13.02.820, and pursuant to Government Code Section 54740.6, judicial review of an order of the city manager imposing administrative civil penalties pursuant to Section 13.02.765(D) may be made only if the petition for writ of mandate is filed not later than the thirtieth day following the day on which the order of the city manager becomes final. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

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Appendix D
Chapter 13.02 (Wastewater Treatment) of the
Municipal Code

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Title 13 - PUBLIC SERVICES
Chapter 13.02 WASTEWATER PRETREATMENT
Coachella, California, Code of Ordinances Created: 2023-11-09 16:06:25 [EST] (Supp. No. 25)

Chapter 13.02 WASTEWATER PRETREATMENT
Article I General Provisions

13.02.010 Intent.

It is the intent of this chapter to protect public health, city and Coachella Sanitary District personnel, the collection system and the environment from waste discharges by nonresidential users with the potential to detrimentally impact the beneficial use of reclaimed water and municipal sludge. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.020 Purpose.

A. The purpose of this chapter is to set forth:

1. Conditions and limitations on the use of the city's sewer system;

2. Specific enforcement provisions to resolve noncompliance with this chapter, thereby allowing the city to:
a. Comply with the laws, regulations, and rules imposed upon it by regulatory agencies; b. Ensure that the city's sewerage facilities and treatment processes are protected and are able to operate with the highest degree of efficiency;
c. Protect the beneficial use of reclaimed water and municipal sludge; and d. Protect the public health and environment.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.030 Policy.

A. This chapter shall be interpreted in accordance with the definitions set forth in Article II. The provisions of this chapter shall apply to the direct and indirect discharge of all wastes to facilities of city.

B. The city shall seek the cooperation of the users of the collection system to ensure compliance with this chapter. Reasonable approaches shall be utilized when applying applicable regulations without compromising the intent, purpose and policies of this chapter.

C. The city shall adopt more stringent quality requirements on wastewater discharges regulated by 40 CFR, Chapter I, Subchapter N, Parts 405-471, in the event that more stringent quality requirements are necessary to protect beneficial use of reclaimed water and municipal sludge.

D. The city shall encourage conservation and pollution prevention through source control strategies which reduce the amount of pollutants entering the environment, prior to recycling, pretreatment, or disposal.

E. The city shall use the revenues derived from the application of this chapter to defray the cost of regulating sewer usage to include, but not be limited to, administration, monitoring, permitting, reporting, and enforcement.

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F. All costs and expenses incurred by the plan check procedure of the city's source control division shall be paid by the applicant. Plan check fees shall be in an amount established by ordinance or resolution of the district.

G. The city shall ensure that all parties are afforded due process of law. An applicant or user shall be given written notice of rejection of an application, or violation of a control mechanism, or of any enforcement action. Such notice shall include a statement of reasons in support thereof and proposed actions to be taken, if any. Affected applicants or users shall have the right to a hearing. Decisions/determinations may be appealed as set forth in Article V.

H. The city, at its discretion, may utilize any one, combination, or all enforcement remedies provided in Article V in response to any violation.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.040 Scope.

The provisions of this chapter shall apply to sewer construction, use, maintenance, discharge, deposit, or disposal of wastewater, both directly and indirectly, into and through all city collection systems and to the issuance of control mechanisms and assessment/imposition of fees, fines and penalties thereof. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.050 Applicability.

This chapter applies to all nondomestic users of the city's sewer system and specifies herein that all users of the city's sewer system are subject to regulation and enforcement. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.060 Powers.

A. The general manager is authorized to:

1. Issue waste discharge authorizations;

2. Issue waste discharge permits;

3. Require the installation and maintenance of pretreatment and/or monitoring facilities and equipment;

4. Conduct inspections of facilities, including, but not limited to, inspecting and copying records;

5. Require monitoring and reporting of discharges to the public sewer system;

6. Monitor the quality of wastewater entering the sewer system;

7. Require the development of spill containment plans and reporting of accidental discharges;

8. Require the development of a slug control plan (per Title 40 of the Code of Federal Regulations (40 CFR) 403.8(f)(2)(v));

9. Deny, approve or approve with conditions, new or increased discharges or change in the quantity or characteristics of discharges, when such discharges do not meet applicable pretreatment requirements as specified in 40 CFR 403.8(f)(1)(I).

10. Take enforcement actions against those who violate or cause violation of this chapter or discharge permit conditions. These actions may include, but are not limited to the following:

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a. Issuing letters;
b. Issuing notices of violation;
c. Issuing administrative orders ;
d. Issuing cease and desist orders;
e. Initiating and conducting noncompliance meetings;
f. Initiating and conducting administrative hearings;
g. Petitioning the courts for injunctions or civil penalties; h. Signing criminal complaints;
i. Terminating services;
j. Requiring payment of violation charges;
k. Revoking and/or suspending the discharge permit.

11. Delegate authority to the division head or department head of any power granted to or the carrying out of any duty imposed upon the general manager pursuant to this chapter.

12. Adopt such rules, regulations and standards as are reasonable and necessary to protect the collection system and POTW and to control the proper use thereof.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.070 Access.

A. The city shall be permitted to enter all properties from which wastes or wastewaters are being or are capable of being discharged into a public sewer main for purposes of inspecting, observing, measuring, sampling, and testing pertinent to the discharge of wastes or wastewaters to ascertain whether the intent of this chapter is being met and the user is complying with all requirements. The city shall have access at reasonable times to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling.

The city shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. Where a user has security measures in force, the user shall make necessary arrangements so that personnel from the city will be permitted to enter without delay for the purpose of performing their specific responsibilities.

B. The city may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated pursuant to the manufacturer's recommendations to ensure their accuracy C. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the city and shall not be replaced. The costs of clearing such access shall be borne by the user.

D. Unreasonable delays in allowing the city access to the user's premises shall be a violation of this chapter. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

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13.02.072 Search warrant.

If the city has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the city may seek issuance of a search warrant from the superior court of the county of Riverside.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.080 Information required.

To provide for fair and equitable use of sewerage facilities, the city shall have the unqualified right to require a discharger to provide information necessary to insure compliance with all rules, regulations and provisions of this chapter.

All information and data on a user shall be available to the public 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 which would be detrimental to the user's competitive position. The demonstration of the need for confidentiality made by the permittee must meet the burden necessary for holding such information from the general public under applicable state and federal law.

In any event, the city shall not limit EPA's access to any information provided by the discharger.

In any event, information concerning wastewater quality and quantity will not be deemed confidential. Such information may include, but is not limited to:

1. Wastewater discharge peak flow rates and volume over a specified time period;

2. Physical, chemical, bacteriological, or radiological analysis of wastewaters;

3. Information on raw materials, processes, and products;

4. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials;

5. Details of wastewater pretreatment facilities, their operation and maintenance;

6. Details of systems to prevent and control the losses of materials through spills to the public sewer main;

7. Detailed plumbing plans indicating all sources discharging to the on- or off-site pretreatment or sewerage facilities;

8. A slug control program, per 40 CFR 403.8(f)(2)(v);

9. Notification of discharges of a listed hazardous waste (Section 3001 of the Resource Conservation and Recovery Act (RCRA) to the sewer system per 40 CFR 403.12(p));

10. Baseline monitoring reports per 40 CFR 403.12(b);

11. Compliance progress reports in accordance with all provisions listed in 40 CFR 403.12(c)(d)(e).

12. Notification of potential problems, including slug loading in accordance with all provisions listed in 40 CFR 403.12(f).

13. Notification of substantial changes in volume or character of pollutants discharged in accordance with all provisions listed in 40 CFR 403.12(j).

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14. Monitoring and analysis reports demonstrating continued compliance in accordance with all provisions listed in 40 CFR 403.12(g).
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.090 Authority.

The city is regulated by several agencies of the United States Government and the state of California, pursuant to the provisions of federal and state law. Federal and state laws (including, but not limited to:

1. Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C. Section 1251 et seq);

2. California Porter Cologne Water Quality Control Act (California Water Code section 13000 et seq.);

3. California Health & Safety Code sections 25100 to 25250;

4. Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.); and

5. California Government Code, Sections 54739-54740) grant to the city the authority to regulate and/or prohibit, by the adoption of an ordinance, and by issuance of control mechanisms, the discharge of any waste, directly or indirectly, to the city sewerage facilities.

Said authority includes the right to establish limits, conditions, and prohibitions; to establish flow rates or prohibit flows discharged to the city sewerage facilities; to require the development of compliance schedules for the installation of equipment systems and materials by all users; and to take all actions necessary to enforce its authority, whether within or outside the city boundaries, including those users that are tributary to the city or within areas for which the city has contracted to provide sewerage services. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
Article II Definitions

13.02.100 Definitions.

A. Unless otherwise defined herein, terms related to water quality shall be consistent with the Clean Water Act and the Porter-Cologne Water Quality Control Act. If not defined therein, the term shall be consistent with any permit issued pursuant to such acts and consistent with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Environment Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations; Title 40; Protection of Environment; Chapter I, Environmental Protection Agency; Part 136, Test Procedures for the Analyses of Pollutants), or as specified. Other terms not defined are defined as being consistent with the International Conference of Building Officials, Uniform Building Code, Current Edition, or the International Association of Plumbing and Mechanical Officials, Uniform Plumbing Code, Current Edition.

B. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.

1. "Applicant" shall mean any person or persons who has applied for permission to use the city's collection system for commercial or industrial purposes.

2. "City manager" shall mean the city manager of the city of Coachella.

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3. "Categorical pretreatment standards" shall mean those final regulations promulgated and adopted by EPA (as outlined in 40 CFR 403, and 40 CFR, Chapter I, Subchapter N, 405-471) for each standard industrial classification (S.I.C.) or subcategory containing pollutant discharge limits.

4. "Categorical user" shall mean any industrial user whose process(es) are subject to categorical pretreatment standards.

5. "Cesspool" shall mean a lined excavation in the ground which receives the discharge of a sewage drainage system, or part thereof, so designed as to retain the solids and organic matter, but permitting liquids to seep through the bottom and sides. This shall also mean seepage pit.

6. "Code of Federal Regulations (CFR)" shall mean the codification of the general and permanent rules published in the United States Federal Register by the executive departments and agencies of the Federal Government to include but not limited to the Environmental Protection Agency.

7. "Collection System" shall mean the combined pipes, conduits, manholes and other structures, above and below ground, whose purpose is to convey wastewater to a City RWRF/POTW.

8. "Compatible or conventional pollutant" shall mean a combination of BOD, total suspended solids, pH, fecal coliform bacteria, plus other pollutants that the city's treatment facilities are designed to accept, treat and/or remove. Some compatible pollutants may be considered incompatible when discharged in quantities that have an adverse effect on the city's collection, treatment, disposal systems and/or discharge permit regulating the treatment facilities cause interference or pass through.

9. "Control mechanism" shall mean waste discharge permit, waste discharge authorization, special agreement or other regulatory mechanism.

10. "Department head" shall mean that person duly designated by the city manager to direct the collection and source control divisions and perform the duties as specified in this chapter.

11. "Discharger" shall mean any person, entity or collection agency who discharges or causes a discharge of wastewater directly or indirectly to a public sewer main. Discharger shall mean the same as user.

12. "Discharge requirements" shall mean the requirements of federal (as listed in 40 CFR 403), state or local public agencies having jurisdiction over the effluent discharges from city regional water reclamation facilities/publicly owned treatment works (POTW).

13. "Discharge or indirect discharge" shall mean the introduction of pollutants into a POTW from any nondomestic source.

14. "District" shall mean the Coachella Sanitary District.

15. "Division Head" shall mean that person duly designated by the general manager to implement the city's source control program and perform the duties as specified in this chapter.

16. "Domestic wastewater" shall mean the liquid and solid waterborne wastes derived from the ordinary living processes of humans of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private disposal system.

17. "General manager" shall mean the utilities general manager of the city of Coachella.

18. "Incompatible or nonconventional pollutant" shall mean any pollutant which is not a compatible pollutant as defined herein.

19. "Indirect discharger" shall mean any person, entity or collection agency who discharges or causes a discharge of wastewater to a septic tank, cesspool, chemical toilet, or private sewer system which, from time to time, is serviced by a septic tank pumper permitted by the city to discharge to city sewerage facilities.

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20. "Industrial user" shall mean any discharger of nondomestic wastewater to a collection agency's sewer main either directly, or indirectly.

21. "Industrial wastewater" shall mean all liquid carried wastes including, but not limited to, all wastewater from any producing, manufacturing, processing, institutional, commercial, restaurant, agriculture, or other operation where the wastewater discharged contains quantities of wastes of non-human origin and excluding domestic wastewater, rainwater, groundwater, stormwater, and drainage of uncontaminated water.

22. "Inspector" shall mean a person authorized by the general manager to inspect any establishment directly or indirectly discharging or anticipating discharge to a public sewer main or a RWRF/POTW.

23. "Interference" shall mean a discharge by a user which, alone or in conjunction with discharges by other sources, inhibits or disrupts the city's RWRF/POTW, its treatment processes or operations, or its sludge processes, use or disposal; and which is a cause of a violation of any requirement of the RWRF/POTW's discharge order (including an increase in the magnitude or duration of a violation), or of the prevention of sewage sludge use or disposal in compliance with applicable federal, state, and local regulations (per 40 CFR 403.3 (I)).

24. "Local limits" shall mean a set of technically based discharge limits that are developed by the city to protect the public sewer main and to prevent sludge contamination or violation of discharge requirements.

25. "Mass emission rate" shall mean the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of particular constituent or combination of constituents.

26. "New source" shall mean any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307c of the Act. (40 CFR 403.3K Definitions)

27. "Nondomestic wastewater" shall mean all wastewater except domestic wastewater and pollutant-free wastewater. This shall also mean industrial wastewater.

28. "Normal working day" shall mean the period of time during which production and/or operation is taking place.

29. "Pass through" shall mean the discharge of pollutants through the RWRF/POTW in quantities or concentrations which are a cause in whole or in part of a violation of any requirement of the RWRF/POTW's discharge order (per 40 CFR 403.3(n)).

30. "Permittee" shall mean a person who has applied for and received permission to discharge into the city's collection system subject to the requirements and conditions established by the city.

31. "Person" shall mean any individual, partnership, firm, association, corporation or public agency, including the State of California and the United States of America.

32. "Pollutant" shall mean any constituent or characteristic of wastewater on which a discharge limitation or prohibition may be imposed either by the city or the regulatory agencies empowered to regulate the city.

33. "Pretreatment" shall mean 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 discharge of the wastewater into a collection agency's system. The reduction or alteration may be accomplished by physical, chemical or biological process or process changes, or by other means.

34. "Pretreatment facility" shall mean any works or devices for the treatment or flow control of wastewater prior to discharge.

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35. "Pretreatment requirements" shall mean any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

36. "Pretreatment standard or standards" shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

37. "Public agency" shall mean the state of California or any city, county, district, other local authority or public body within this state.

38. "Public nuisance" shall mean anything which: (1) is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, and (2) affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal, and (3) occurs during or as a result of the treatment or disposal of wastes.

39. "Public sewer main" shall mean any closed conduit, excluding building sewers, which is financed, installed, owned, operated, or maintained by a collection agency for the purpose of transporting wastewater from building sewers.

40. "RCRA" shall mean Resource Conservation and Recovery Act of 1976 Public Law (PI) 94-580 and amendments thereto.

41. "Regional water reclamation facility (RWRF)" shall mean the city sewage treatment plant designed to serve a specific area of the city. Also known as a publicly owned treatment works or POTW, as defined by section 212 of the Clean Water Act.

42. "Regulatory agencies" shall mean those agencies having oversight of the operation of the city, including but not limited to the following:
a. United States Environmental Protection Agency (EPA); b. California Environmental Protection Agency (Cal-EPA); c. California State Water Resources Control Board (SWRCB); d. California Regional Water Quality Control Board, Colorado River Basin Region (CRBR)

43. "Residential user" shall mean a household which discharges only domestic wastewater from a dwelling unit.

44. "Responsible party" shall mean:
a. If the user is a corporation, a responsible corporate officer, that is:
(i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or
(ii) The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. b. If the user is a partnership or sole proprietorship. a general partner or proprietor, respectively. c. If the user is a federal, state, or local governmental entity, or their agents, the principal executive officer or director having responsibility for the overall operation of the discharging facility.

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(i) By a duly authorized representative of the individual designated in paragraph (1), (2) or (3) of this definition if:
(a) The authorization is made in writing by the individual described in paragraph (1), (2) or (3);
(b) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and (c) The written authorization is submitted to the city. d. If an authorization under paragraph (D) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of paragraph (D) of this section must be submitted to the city.

45. "Sanitary wastewater" shall mean domestic quality wastewater from other than a dwelling unit.

46. "Septic tank" shall mean a watertight receptacle which receives the discharge from a sewer system and is designed and constructed to retain solids, digest organic matter through a period of detention, and allow the liquids to discharge for disposal.

47. "Sewerage facilities" shall mean any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater.

48. "Significant industrial user" shall mean:
a. A user subject to categorical pretreatment standards; or b. A user that:
(i) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the city's collection system (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
(ii) Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the RWRF; or (iii) Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the RWRF's operation or for violating any pretreatment standard or requirement.
c. Upon a finding that a user meeting the criteria in subsection (B) has no reasonable potential for adversely affecting the RWRF's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8 (f) (6), determine that such user should not be considered a significant industrial user.

49. "Significant noncompliance (SNC)" shall mean any user with compliance violations which meet one or more of the following criteria:
a. Chronic violations of wastewater discharge limits, defined as those in which sixty-six (66) percent or more of all of the measurements taken during a six month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;

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b. Technical review criteria (TRC) violations, defined as those in which thirty-three (33) percent or more of all of the measurements taken during a six month period equal or exceed the product of the daily maximum limit or the average limit times the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); c. Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the city determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public); d. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the city's exercise of its emergency authority to halt or prevent such a discharge;
e. Violations of schedule milestones for starting construction, completing construction or achieving final compliance, including failure to meet, by ninety (90) days or more after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction, or attaining final compliance; f. Failure to provide required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules within thirty (30) days of the due date;
g. Failure to accurately report noncompliance;
h. Any other violations or group of violations which the city considers to be significant.

50. "Single pass cooling" shall mean unpolluted water used for the absorption and immediate discharge of excess thermal energy to the environs prior to heat exchange and reuse.

51. "Slug" shall mean any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds five times the average 24-hour concentration of flows during normal operation for a period of fifteen (15) minutes or more and/or has a significant adverse impact, either singly or in combination with other discharges, on the collection agency's sewer system or the quality of the effluent from the involved city treatment plant.

52. "Spill containment" shall mean a protection system installed by the user to prohibit the accidental discharge to the sewer of incompatible pollutants.

53. "Standard industrial classification (S.I.C.)" shall mean the system of classifying industries identified in the S.I.C. manual, issued by the office of management and budget.

54. "Toxic pollutants" shall mean those substances which, individually or when combined with other substances normally found in domestic sewage, result in wastes in a collection agency sewer system in concentrations or quantities which could have an adverse or harmful effect on such sewer system facilities, sewer treatment plant operations and maintenance personnel or equipment, treated sewage effluent quality, water reclamation procedures, public or private property, or which may endanger the public, local environment, or create a public nuisance.

55. "User" shall mean any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. User shall include discharger.

56. "Violation" shall mean an event or condition at a user's facility that is prohibited by ordinance, control mechanism, or order.

57. "Violation charge" shall mean that charge levied against a user for as a result of a waste discharge violation.

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58. "Waste discharge authorization" shall mean the revocable permission to discharge wastewater to the public sewer main subject to technically based limits on wastewater constituents and characteristics.

59. "Waste discharge permit (WDP)" shall mean the periodically renewable, revocable permission to discharge industrial wastewater to the public sewer main subject to technically based limits on wastewater constituents and characteristics.

60. "Waste discharge violation" shall mean the failure by a user to comply with this chapter, or any conditions or reporting requirements as contained in their control mechanism.

61. "Waste hauler" shall mean any commercial pumper that is permitted by Riverside County Department of Health as a nonhazardous liquid waste hauler, discharging domestic and sanitary wastewater only.

This shall also mean septic tank pumper.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.101 Other meanings.

Words used in this chapter in the singular may include the plural and the plural the singular. Use of masculine shall mean feminine and use of feminine shall mean masculine. Shall is mandatory; may is permissive or discretionary.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
Article III General Sewer Use Requirements

13.02.300 Prohibited discharge standards.

A. General Prohibitions. No user shall introduce or cause to be introduced into the city's collection system any pollutant or wastewater which, alone or in conjunction with other substances, causes pass through or interference. These general prohibitions apply to all users whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

B. Specific Prohibitions. No user shall introduce or cause to be introduced into the city's collection system the following pollutants, substances, or wastewater:

1. Pollutants which create a fire or explosive hazard in the city's RWRFs or collection system, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140° F (60° C) using the test methods specified in 40 CFR 261.21;

2. Wastewater having a pH less than 5.0 or more than 10.5, or otherwise causing corrosive structural damage to the city's RWRFs or collection system or equipment;

3. Solid or viscous substances in amounts which will cause obstruction of the flow in the city's RWRFs or collection system resulting in interference but in no case solids greater than three-eighths (⅜) inches in any dimension;

4. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the city's RWRFs or collection system;

5. Wastewater having a temperature greater than 140° F (60° C), or which will inhibit biological activity in the RWRF resulting in interference, but in no case wastewater which causes the temperature at the introduction into the RWRF to exceed 104° F (40° C) or which falls below 40° F;

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6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the city's RWRFs or collection system in a quantity that may cause acute worker health and safety problems;

8. Trucked or hauled pollutants, except at discharge points designated by the general manager;

9. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

10. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the RWRF's effluent;

11. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;

12. Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the general manager;

13. Sludges, screenings, or other residues from the pretreatment of industrial wastes;

14. Detergents, surface-active agents, or other substances which may cause excessive foaming in the city's RWRFs or collection system;

15. Wastewater required to be manifested under RCRA, unless specifically authorized by the general manager.

16. Infectious wastes as defined in the California Health and Safety Code.

C. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the city's collection system. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.310 Discharge of pollutant to watercourse.

No person shall circumvent or obviate the intent or purpose of this chapter by discharging or by causing to be discharged, into any storm drain, channel, natural watercourse or public street, any material or waste prohibited or restricted as to its discharge into a sewer system. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.312 Discharge of pollutant to ground.

No person shall deposit or discharge or cause to be deposited or discharged into any sump which is not impermeable, or into any pit or well, or onto the ground, or into any storm drain or watercourse, any material which, by seeping underground or by being leached or by reacting with the soil, can pollute usable groundwaters, or any pretreatment wastes.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

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13.02.314 Point of discharge.

No person, excluding authorized city personnel involved in maintenance functions of sanitary sewer facilities, shall discharge or cause to be discharged any wastewater or any other matter directly into a manhole or other opening leading to the POTW other than through an approved building sewer, unless written permission for the discharge has been provided by the general manager.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.316 Dilution of flow.

No person shall 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 limitations contained in this chapter, in categorical standards, or in any other pollutant-specific limitations developed by the city. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.318 Interference with City equipment or facilities.

No person shall enter, break, damage, destroy, uncover, deface or tamper with any temporary or permanent structure, equipment or appurtenance which is part of the POTW or is required or authorized by the provisions of this article.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.320 National Categorical Pretreatment Standards.

A. The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated.

B. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the general manager may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

C. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the general manager shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).

D. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

E. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

F. Any user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the general manager within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month.

Any user not notifying the general manager of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

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13.02.330 State requirements.

State requirements and limitations on dischargers shall apply in any case where they are more stringent than the federal requirements and limitations, or those in this chapter. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.340 Local limits.

A. No user shall discharge or cause to be introduced directly or indirectly into the city's collection system, a quantity or quality of wastewater which exceeds the local limits on discharges to public sewer mains established by the city. The local limits, conventional pollutant surcharge limits, and surcharge fees specific to each city RWRF may be adopted by resolution of the city council or district.

B. These limits apply at the point where the wastewater is discharged to the city's collection system. The general manager may impose limitations based on concentrations of pollutants in milligrams per liter or as an amount of pollutants in pounds per day.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.350 Limitations on water softeners.

Water softeners will be regulated in accordance with state law. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.360 Right of revision.

The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the city's RWRFs or collection system. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.370 Dilution.

No user shall ever 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 a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The general manager may impose such limitations on the amount, in pounds per day, of pollutants discharged by users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of such limitations is appropriate.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.380 Special restrictions—Cesspool, septic tank, holding tank, waste hauler.

A. Cesspool, septic tank and holding tank pumpings containing only domestic and/or sanitary wastes may be accepted only at city designated locations from holders of both a valid liquid waste hauler water discharge permit issued by the city and a valid environmental health permit issued by the County of Riverside Health Services Agency Department of Environmental Health. The contents of any cesspool or septic tank may not

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be pumped directly into a public sewer main unless specifically approved by the city under emergency or other abnormal short duration circumstances. Wastes from industrial process sources are prohibited and may not be hauled and discharged to the public sewer system.

B. No waste hauler shall discharge to the POTW except as set forth herein:

1. Septic tank waste may be introduced into the POTW only at locations designated by the general manager, and at such times as are established by the general manager. Such waste shall not violate any requirements established by the city. The general manager may require septic tank waste haulers to obtain a control mechanism.

2. Industrial waste haulers may discharge loads only at locations designated by the general manager. No load may be discharged without prior consent of the general manager. The general manager may collect samples of each hauled load to ensure compliance with applicable standards. The general manager may require the industrial waste hauler to provide a waste analysis of any load prior to discharge. Industrial waste haulers must provide a waste tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

3. Wastewater from recreational vehicles and boats shall only be discharged at dump sites designated for such use. The city reserves the right to inspect records of individual wastewater dumps from the authorized operators of each designated dump site. Detailed plans describing such facilities and operating procedures shall be submitted to the general manager for review, and shall be acceptable to the general manager before such facilities are constructed. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.382 Vehicle servicing facilities.

A. Any facility maintained for the servicing, washing, cleaning or repair of vehicles licensed by the state department of motor vehicles, construction equipment, industrial transportation or power equipment shall install and maintain a gravity separation interceptor in accordance with Section 13.02.384. Wastewaters from toilets shall not be allowed to pass through this interceptor, but all wastewaters arising from the servicing and repair of vehicles shall pass through this interceptor before discharge to the POTW. If the vehicle servicing facility does not include facilities for the washing of more than one vehicle at a time, the interceptor shall have a fluid capacity of not less than one thousand five hundred (1,500) gallons. If the vehicle servicing facility has facilities for washing or cleaning more than one vehicle at a time, the interceptor shall be as large as necessary so that a seven-day accumulation of sand and oil together will not fill more than twenty-five (25) percent of the fluid capacity. The interceptor shall be designed so as to retain any oil and grease which will float and any sand which will settle.

B. Any interceptor legally and properly installed at a vehicle servicing facility before January 1, 2012, shall be acceptable as an alternative to the interceptor specified in subsection (a) of this section, provided such interceptor is effective in removing sand and oil and is so designed and installed that it can be inspected and properly maintained.

C. The plumbing official shall not approve the plumbing of a vehicle servicing facility if it does not have a gravity separation interceptor meeting the requirements of this section. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

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13.02.384 Food processing facilities.

A. All restaurants or other food processing facilities shall direct all wastes from floor drains, sinks, waste container wash racks and dishwashers through a two-compartment gravity separation interceptor. All domestic wastewaters from restrooms, showers and drinking fountains shall be kept separate until the previously specified wastes have passed through the interceptor. The interceptor shall have a minimum fluid capacity of seven hundred fifty (750) gallons, or as required by Appendix H of the latest edition of the Uniform Plumbing Code, whichever is greater. Any interceptor or grease trap legally and properly installed at a food processing facility before January 1, 2012, shall be acceptable as an alternative to the interceptor specified in this subsection, provided such interceptor or grease trap is effective in removing grease and is so designed and installed that it can be inspected and properly maintained.

B. Conditional waivers for the grease interceptor requirement may be granted by the city for those restaurants determined not to have adverse effects on the POTW. Conditional waivers may be revoked for the following reasons:

1. Changes in types of food prepared;

2. Falsification of information submitted in the restaurant survey form;

3. Changes in operating hours;

4. Changes in equipment used;

5. Violation of any conditions contained in the waiver. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
Article IV Control Mechanisms
Division 1 General Requirements

13.02.400 Wastewater analysis.

When requested by the general manager, a user must submit information on the nature and characteristics of its wastewater within ninety (90) days of the request. The general manager is authorized to prepare a form for this purpose and may periodically require users to update this information. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.402 Control mechanism requirement.

A. The city may require any user to obtain a control mechanism prior to discharging to the city's collection system or to obtain control mechanisms as necessary to carry out the purposes of this chapter, including but not limited to obtaining a permit, installing a gravity separation interceptor, a spill containment system, implementing a slug control plan, installing pretreatment facilities, or utilizing other best management practices.

B. No significant industrial user shall discharge wastewater into the city's collection system without first obtaining a control mechanism, except that a significant industrial user that has filed a timely application pursuant to Section 13.02.404 may continue to discharge for the time period specified therein.

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C. Any violation of the terms and conditions of a control mechanism shall be deemed a violation of this chapter and subject the user to the sanctions set out in Article V of this chapter. Obtaining a control mechanism does not relieve the user of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.404 Issuing control mechanisms—Existing connections.

Any user required to obtain a control mechanism who was discharging wastewater into the city's collection system prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the general manager for a control mechanism in accordance with Section 13.02.408, and shall not cause or allow discharges to the city's collection system to continue after one hundred twenty (120) days of the effective date of this chapter except in accordance with a control mechanism issued by the general manager.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.406 Issuing control mechanisms—New connections.

Any user required to obtain a control mechanism who proposes to begin or recommence discharging into the city's collection system must apply for such control mechanism prior to the beginning or recommencing of such discharge. An application for this control mechanism, in accordance with Section 13.02.408, must be filed at least sixty (60) days prior to the date upon which any discharge will begin or commence. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.408 Waste discharge application contents.

All users required to obtain a control mechanism must submit a waste discharge application. The general manager may require all users to submit as part of an application the following information:

A. All information required in Section 13.02.600(B) of this chapter; B. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the city's collection system;
C. Number and type of employees, hours of operation, and proposed or actual hours of operation; D. Each product produced by type, amount, process or processes, and rate of production; E. Type and amount of raw materials processed (average and maximum per day); F. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; G. Time and duration of discharges;
H. An application fee, annual fee, special use fee, connection fee, and/or pretreatment program fees as may be established by ordinance or resolution of the city council or district; and I. Any other information as may be deemed necessary by the general manager to evaluate the waste discharge application.

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Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.410 Application signatories and certification.

All waste discharge applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.412 Control mechanism decisions.

The general manager will evaluate the data furnished by the user and may require additional information.

Within thirty (30) days of receipt of a complete waste discharge application, the general manager will determine whether or not to issue a control mechanism. The general manager may deny any application for a control mechanism.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)
Division 2 Control Mechanism Issuance Process

13.02.500 Control mechanism duration.

A. A waste discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A waste discharge permit may be issued for a period less than five years, at the discretion of the general manager. Each waste discharge permit will indicate a specific date upon which it will expire.

B. A waste discharge authorization shall be issued for an indefinite time period, subject to review and reconsideration at the discretion of the general manager.

C. A special agreement shall be issued for a specified time period, set forth in the terms of the special agreement.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.502 Waste discharge permit contents.

A. Waste discharge permit shall include such conditions as are deemed reasonably necessary by the general manager to prevent pass through or interference, protect the quality of the water body receiving the RWRF's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the RWRF and the city's collection system.

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Waste discharge permits must contain:

1. A statement that indicates waste discharge permit duration, which in no event shall exceed five years;

2. A statement that the waste discharge permit is nontransferable without prior notification to the city in accordance with Section 13.02.508, and provisions for furnishing the new owner or operator with a copy of the existing waste discharge permit;

3. Effluent limitations based on applicable pretreatment standards;

4. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, frequency, and sample type based on federal, state, and local law;

5. A statement of applicable civil and criminal penalties for violations of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.

B. Waste discharge permits may contain, but need not be limited to, the following conditions:

1. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

2. Requirements for the installation and maintenance of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the city's collection system;

3. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges;

4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the city's collection system;

5. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the city's collection system;

6. Requirements for installation and maintenance of inspection and sampling facilities and equipment;

7. A statement that compliance with the waste discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the waste discharge permit; and

8. Other conditions as deemed appropriate by the general manager to ensure compliance with this chapter, and state and federal laws, rules, and regulations. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.504 Waste discharge permit appeals.

Any person, including the user, may petition the general manager to reconsider the terms of a waste discharge permit within thirty (30) days of notice of its issuance.

A. Failure to submit timely petition for review shall be deemed to be a waiver of the administrative appeal.

B. In its petition, the appealing party must indicate the waste discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to be placed in the waste discharge permit.

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C. The effectiveness of the waste discharge permit shall not be stayed pending the appeal.

D. If the general manager fails to act within thirty (30) days of the filing of an appeal, a request for reconsideration shall be deemed to be a decision to deny such request. Decisions not to reconsider a waste discharge permit, not to issue a waste discharge permit, or not to modify a waste discharge permit shall be considered final administrative actions for the purposes of judicial review.

E. Aggrieved parties seeking judicial review of the final administrative waste discharge permit decision shall do so by filing a petition for writ of mandate with the Superior Court for Riverside County within ninety (90) days.
(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.506 Waste discharge permit modification.

The general manager may modify a waste discharge permit for good cause including, but not limited to, the following reasons:

A. To incorporate any new or revised federal, state, or local pretreatment standards or requirements; B. To address significant alterations or additions to the discharger's operation processes, or wastewater volume or character since the time of waste discharge permit issuance; C. A change in the RWRF that requires either a temporary or permanent reduction or elimination of the authorized discharge;
D. Information indicating that the permitted discharge poses a threat to the city's collection system, city personnel or the receiving waters;
E. Violation of any terms or conditions of the waste discharge permit; F. Misrepresentation or failure to fully disclose all relevant facts in the waste discharge application or in any required reporting;
G. Revision of or a grant of variance from such categorical standards pursuant to 40 CFR 403.13; H. Correction of typographical or other errors in the waste discharge permit; or I. To reflect a transfer of the facility ownership or operation to a new owner or operator. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.508 Waste discharge permit transfer.

Waste discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the general manager and the general manager approves the waste discharge permit transfer. The notice to the general manager must include a written certification by the new owner or operator which:

A. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
B. Identifies the specific date on which the transfer is to occur; and C. Acknowledges full responsibility for complying with the existing waste discharge permit.

Failure to provide advance notice of a transfer renders the waste discharge permit void as of the date of facility transfer.

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(Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.510 Waste discharge permit revocation.

A. A waste discharge permit may be revoked for good cause including, but not limited to the following reasons:

1. Failure to notify the general manager of significant changes to the wastewater prior to the changed discharge;

2. Failure to provide prior notification to the general manager of changed conditions pursuant to Section

13.02.620;

3. Misrepresentation or failure to fully disclose all relevant facts in the waste discharge application;

4. Falsifying self-monitoring reports;

5. Tampering with monitoring equipment;

6. Refusing to allow the general manager timely access to the facility premises and records;

7. Failure to meet effluent limitations;

8. Failure to pay fines;

9. Failure to pay sewer charges;

10. Failure to meet compliance schedules;

11. Failure to complete a wastewater survey or the waste discharge application;

12. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

13. Violation of any pretreatment standard or requirement, or any terms of the waste discharge permit or this chapter.

B. Waste discharge permits shall be voidable upon cessation of operations or transfer of business ownership.

All waste discharge permits issued to a particular user are void upon the issuance of a new waste discharge permit to that user.

C. Waste discharge permit revocation is subject to appeal as set forth in Article V. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.512 Waste discharge permit reissuance.

A user with an expiring waste discharge permit shall apply for waste discharge permit reissuance by submitting a complete waste discharge application (or a statement signed by the responsible party that there are no changes to the application previously submitted), in accordance with Section 13.02.408, a minimum of sixty (60) days prior to the expiration of the user's existing waste discharge permit. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.514 Regulation of waste received from other jurisdictions.

A. After the effective date of the ordinance codified in this chapter, any agreement entered into by the city and an agency outside of the city's legal boundary, allowing discharge to the POTW, and any modifications to such an existing agreement, shall be subject to the approval of the city council.

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B. Such agreements shall provide protections to the POTW equivalent to those set forth in this chapter, such as, but not limited to, compliance with pretreatment standards and pretreatment requirements; rights of inspection and sampling of the user's discharge to determine compliance with such standards and requirements; and imposition of any fees, fines, costs, or deposits as necessary. (Ord. No. 1057, § 2(Exh. B), 10-23-13)

13.02.516 Additional control mechanisms.

A. Whenever deemed necessary, the city may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.

B. The city may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater permit may be issued solely for flow equalization.

C. Grease, oil, and sand interceptors shall be provided when, in the opinion of the city, they are necessary for the proper handling of wastewater containing excessive amounts, as defined by the city manager, of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the city and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired as provided by the manufacturer's maintenance documentation, by the user at their expense.

D. Users with the potential to discharge flammable substances may be required, at the discretion of the city manager, to install and maintain an approved combustible gas detection meter. (Ord. No. 1057, § 2(Exh. B), 10-23-13)
Division 3 Reporting Requirements

13.02.600 Baseline monitoring reports.

A. Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6 (a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the city's collection system shall submit to the general manager a report which contains the information listed in paragraph B, below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the general manager a report which contains the information listed in paragraph B, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants to be discharged.

B. Users described above shall submit the information set forth below.

1. Identifying Information. The name and address of the facility, including the name of the operator and owner.

2. Environmental Permits. A list of any environmental control permits held by or for the facility.