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ORDINANCE NO. 3346
AN ORDINANCE OF THE CITY OF CORONA,
CALIFORNIA, AMENDING CHAPTERS 13.08, 13.12, 13.14
AND 13.28 OF THE CORONA MUNICIPAL CODE
RELATING TO WATER AND SEWER REGULATIONS TO
AUTHORIZE IMPLEMENTATION AND ENFORCEMENT
BY THE UTILITIES DEPARTMENT AND THE DIRECTOR
OF UTILITIES AND TO MAKE OTHER CLARIFYING
CHANGES
WHEREAS, Article XI, § 7 of the California Constitution authorizes cities to make and enforce within their limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, Corona Municipal Code (“CMC”) Chapter 13.08 sets forth the rules and regulations for the discharge of wastewater in the City’s sewerage system; and WHEREAS, CMC Chapter 13.12 establishes a schedule of charges for services and facilities furnished by the City’s sewerage system and sets forth the rules and regulations for making connections to the City’s sewerage system; and
WHEREAS, CMC Chapter 13.14 establishes the rules and regulations for making connections to the City’s water and sewer systems and other conditions of service; and WHEREAS, CMC Chapter 13.28 establishes the rules and regulations for the use and distribution of recycled or reclaimed water; and
WHEREAS, CMC Chapters 13.08, 13.12, 13.14 and 13.28 currently authorize the General Manager of the Department of Water and Power to implement and enforce the provisions of those chapters; and
WHEREAS, as a result of a recent reorganization of the City’s departments, the Department of Water and Power has been changed to the Utilities Department and the General Manager title has been changed to Director of Utilities; and WHEREAS, the City Council has determined that amendments to CMC Chapter Chapters 13.08, 13.12, 13.14 and 13.28 are necessary to reflect these changes and to make other clarifying updates to the terminology used in these chapters pertaining to updated fees and charges.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CORONA
DOES ORDAIN AS FOLLOWS:
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SECTION 1. Incorporation of Recitals. The City Council finds and determines that the foregoing Recitals are true and correct and incorporates the Recitals herein.
SECTION 2. CEQA Findings. This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
This action makes minor text changes to the Corona Municipal Code, and there is no possibility that adopting this Ordinance will have a significant effect on the environment. Therefore, no environmental analysis is required.
SECTION 3. Chapter 13.08. Chapter 13.08 (Public Sewerage System Waste Regulations) of Title 13 (Public Services) of the Corona Municipal Code is hereby amended in its entirety to read as set forth in Exhibit “A” attached hereto and incorporated herein by reference.
SECTION 4. Chapter 13.12. Chapter 13.12 (Sewer Connections) of Title 13 (Public Services) of the Corona Municipal Code is hereby amended in its entirety to read as set forth in Exhibit “B” attached hereto and incorporated herein by reference.
SECTION 5. Chapter 13.14. Chapter 13.14 (Water and Sewer Regulations) of Title 13 (Public Services) of the Corona Municipal Code is hereby amended in its entirety to read as set forth in Exhibit “C” attached hereto and incorporated herein by reference.
SECTION 6. Chapter 13.28. Chapter 13.28 (Recycled Water) of Title 13 (Public Services) of the Corona Municipal Code is hereby amended in its entirety to read as set forth in Exhibit “D” attached hereto and incorporated herein by reference.
SECTION 7. Severability. If any provision or clause of this Ordinance or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect other provisions of this Ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this Ordinance are declared to be severable.
SECTION 8. Conflicting Ordinances. This Ordinance shall supersede all other previous City Council resolutions and ordinances that may conflict with, or be contrary to, this Ordinance.
SECTION 9. Effective Date. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it, or a summary of it, to be published in a genal circulation newspaper published and circulated in the City of Corona. This Ordinance shall take effect and be in force on the 30th day after its adoption.
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PASSED, APPROVED AND ADOPTED this 20th day of April, 2022. _________________________________
Mayor of the City of Corona, California
ATTEST:
____________________________________
City Clerk of the City of Corona, California
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CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Ordinance was regularly introduced at a regular meeting of the City Council of the City of Corona, California, duly held on the 6
th day of April 2022, and thereafter at a regular meeting held on the 20th day of April, 2022, it was duly passed and adopted by the following vote of the City Council:
AYES:
NOES:
ABSTAINED:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 20th day of April 2022. ___________________________________
City Clerk of the City of Corona, California
(SEAL)
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EXHIBIT “A”
CHAPTER 13.08
PUBLIC SEWERAGE SYSTEM WASTE REGULATIONS
Sections
13.08.010 Scope and objectives.
13.08.020 Definitions.
13.08.030 Administration.
13.08.040 Public access to information.
13.08.042 Confidentiality requirements.
13.08.050 Inspection.
13.08.060 Monitoring.
13.08.070 Record keeping.
13.08.080 Damage to city equipment or facilities.
13.08.090 Flow measurement.
13.08.100 Infectious waste disposal.
13.08.110 Restaurants.
13.08.120 Prohibited restaurant surface discharges.
13.08.130 Conditional waivers.
13.08.140 Water softening restrictions.
13.08.150 Gravity separation interceptor.
13.08.160 Interceptor requirements.
13.08.170 Standard interceptor designs.
13.08.180 Interceptor maintenance.
13.08.190 Liquid waste haulers.
13.08.200 Separation of domestic and industrial waste.
13.08.210 Prohibited waste discharges.
13.08.220 Prohibited surface discharges.
13.08.230 Limitation on wastewater strength.
13.08.240 Pretreatment of industrial wastewaters.
13.08.250 Prohibited discharge of recovered pretreatment wastes.
13.08.260 Dilution prohibited as a substitute for treatment.
13.08.270 Industrial user modifications.
13.08.280 Spill containment system.
13.08.290 Integrated waste management plans.
13.08.295 Slug Discharge Management Plan.
13.08.300 Notification of discharge.
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13.08.310 Federal Categorical Pretreatment Standards.
13.08.320 Commercial/industrial tenant occupancy.
13.08.330 Industrial user discharge permit application requirements.
13.08.340 Industrial user discharge permit application.
13.08.345 Discharge permit: new source and new user.
13.08.350 Reports.
13.08.355 Non-compliance reporting.
13.08.360 Permit duration.
13.08.370 Permit modifications.
13.08.380 Permit transfer.
13.08.390 Charges and fees.
13.08.400 Payment of fees.
13.08.410 Enforcement response plan.
13.08.420 Enforcement mechanisms.
13.08.430 Industrial user permit revocation.
13.08.440 Termination service.
13.08.450 Publication notice.
13.08.460 Civil penalties.
13.08.465 Departmental penalties.
13.08.470 Use of collected fees, fines and penalties.
13.08.480 Criminal penalties.
13.08.490 Legal action.
13.08.495 Administrative penalties.
13.08.500 Cost recovery.
13.08.510 Damage to facilities or interruption of normal operations.
13.08.520 Notice.
13.08.530 Falsifying information.
13.08.540 Written responses.
13.08.550 Time limits.
13.08.560 Appeals.
13.08.570 Invalidity.
13.08.580 Interjurisdictional agreements.
13.08.590 Surcharge costs.
13.08.600 Disposition of funds - Sewer service funds established.
13.08.610 Collection of charges by Finance Department.
13.08.620 Billing and payment procedures.
13.08.630 Rates to be paid for sewer service charges.
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13.08.010 Scope and objectives.
(A) This chapter sets forth uniform requirements for all persons and private or public entities that discharge wastewater into the sewage system of the city, and also sets forth procedures for complying with requirements imposed upon the city by other regulatory agencies. All discharges of wastewater into the city's collection system are subject to the requirements set forth in this chapter. This chapter enables the city to comply with all applicable state and federal regulations established by the Clean Water Act of 1977 and the General Pretreatment Regulations set forth in 40 CFR 403. The objectives of this chapter are to:
(1) Prevent the introduction of pollutants into the wastewater system, which pollutants may interfere with the operation of the system or contaminate the resulting sludge;
(2) Prevent the introduction of pollutants into the wastewater system which will pass through the system, inadequately treated, into surface waters, groundwaters or the atmosphere or otherwise be incompatible with the system; (3) Improve the opportunity to recycle and reclaim wastewaters and sludges from the system;
(4) Protect and preserve the health and safety of the citizens and personnel of the city; and
(5) Comply with federal, state and local laws and regulations and permits in the discharge of wastewater.
(B) This chapter provides for regulation through issuance of permits to all dischargers of regulated wastewater, including certain industrial users, and enforcement of general requirements for other users. This chapter also authorizes monitoring and enforcement activities and user reporting, and provides for the setting of fees for the equitable distribution of costs for sewer service.
13.08.020 Definitions.
Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows:
"Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.
“Apartment house” shall mean any building containing three or more dwelling units with separate plumbing facilities, but shall not include any building commonly known as a hotel, motel or auto court.
“Authorized representative” shall mean:
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(a) A responsible corporate official, if the user is a corporation, of the level of president, secretary, treasurer or vice president in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or the manager of one or more manufacturing, production or operating facilities, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or
(b) A general partner or proprietor if the user submitting the required reports is a partnership or sole proprietorship respectively; or
(c) By a duly authorized representative of the individual designated in subsection (a) and (b), if:
1. The authorization is made in writing by the individual designated in subsection (a) and (b);
2. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
3. The written authorization is submitted to the City Manager or Director. “Best Management Practices (BMPs)”shall mean the schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. “Biochemical oxygen demand (BOD)” shall mean the quantity of oxygen, utilized in the biochemical oxidation of organic matter in five days at 20°C, expressed in mg/l, required to biologically oxidize material in a waste sample. “Categorical pretreatment standards” shall mean any regulations promulgated and adopted by the Federal Environmental Protection Agency (EPA) containing pollutant discharge limits and prohibitions, as stated in 40 CFR Chapter 1, Subchapter N, Parts 403 and 405-471, for each identified Standard Industrial Classification (SIC) or subcategory.
“Categorical user” shall mean all industrial users subject to National Categorical Pretreatment Standards as listed by the United States Environmental Protection Agency in 40 CFR 403.
“CFR” means the Code of Federal Regulations.
“Chemical oxygen demand (COD)” shall mean the quantity of oxygen required to chemically oxidize material in a waste sample, expressed in mg/l, under specific conditions of oxidizing agent, temperature and time.
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“City” shall mean the City of Corona, California, its officials, all departments and all employees of the city.
“City Council” shall mean the City Council of the City of Corona. “Class I user” shall mean those industrial users with wastewater discharges of more than 25,000 gallons per day; all significant industrial users; and all categorical users who have a regulated process discharge.
“Class II user” shall mean those industrial users with wastewater discharges of between 10,000 and 24,999 gallons per day.
“Class III user” shall mean those industrial users with wastewater discharges of between 100 and 9,999 gallons per day.
“Class IV user” shall mean those categorical users which do not discharge industrial process wastewater into the city's collection system.
“Class V user” shall mean those industrial users which have a need to temporarily discharge wastewater into the city's collection system. “Class VI user” shall mean those industrial users which haul by truck or other means wastewater from septic tanks, cesspools, seepage pits and private disposal systems, or industrial users discharging less than 100 gallons per day. “Collection agency” shall mean the city or a public agency with which the city has an interagency agreement covering the collection of sewage and discharge of sewage by such agency into the city's sewerage system for transmission, treatment and disposal. “Collection system” shall mean the combined pipes, conduits, manholes and other structures, alone and below ground, and all wastewater conveyance and sewerage systems owned, operated and maintained by the city, including, but not limited to, the city's POTW.
“Community service areas” shall mean the Green River Area, the City of Norco and other areas which utilize the city's POTW by discharging into the city's sewerage system. “Cooling water” shall mean all water used solely for the purpose of cooling equipment, products or a manufacturing process.
“Costs” shall mean total labor, materials, supplies, transportation expenses, supervision, inspection, engineering and other overhead. “CSDOC” shall mean County Sanitation Districts of Orange County. “Dilution” shall mean the increase in use of water or any other substance as a means to dilute a wastestream as a partial or complete substitute for adequate treatment to achieve discharge requirements.
“Director” shall mean the Director of Utilities of the Utilities Department of the City of Corona, his or her designee or any other designated city employee responsible for administration of the Utilities Department.
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“Discharger” shall mean any person who discharges or causes a discharge of wastewater directly or indirectly into the city's collection system. “Domestic wastewater” shall mean wastewater from private residences and wastewater from other premises resulting from the personal use of water for washing, bathing or sanitary purposes.
“Dwelling unit” shall mean a suite of one or more rooms occupied or intended to be occupied by one person or one family.
“Effluent” shall mean the liquid outflow or treated wastewater flowing from the city's POTW or a user's pretreatment equipment.
“Enforcement response plan” shall mean that written plan created by the city setting forth the city's procedures to enforce this chapter.
“EPA” shall mean the United States Environmental Protection Agency. “Federal Categorical Pretreatment Standard” shall mean the National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the city's collection system or POTW, by existing or new industrial users, in specific industrial categories established as separate regulations under the appropriate subpart of 40 CFR Chapter I, Subchapter N, as it exists and as it may be amended from time to time.
“Floatable hydrocarbon oil” means the amount of hydrocarbon oil floating to the surface of a sample of the water under the same conditions as prescribed in the definition of floatable oil and grease.
“Floatable oil and grease” means the 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 the depth of 30 centimeters.
“Frontage” shall mean the portions of a parcel abutting a public or approved private right-of-way.
“Good faith” shall mean a user's honest intention to remedy noncompliance, together with actions which give support to the intention.
“Gravity separation interceptor” shall mean a detention chamber designed to remove floatable and settleable material from industrial wastewater prior to discharge into the city's collection system.
“Hazardous substance” or“ hazardous material” shall mean any substance capable of creating imminent endangerment to health or the environment, including, but not limited to, any substance designated under 40 CFR 310.11(d) or any hazardous chemical substance subject to regulation under the Toxic Substances Control Act, 15 USCA 2601 et seq. In general, hazardous substances and materials include, but are not limited to, substances which are toxic, explosive, corrosive or flammable, or which generate CA\JR\06000.30002\10260801.1
pressure through heat or decomposition (for example, heavy metals and pesticides, strong acids or bases, distillate fuels and oxidants).
“Heating water” shall mean all water used solely for the heating of a manufacturing process, equipment or product.
“Indirect discharge” shall mean the introduction of pollutants into a POTW from any non-domestic source regulated under Section 307(b), (c) or (d) of the Act. “Industrial user” shall mean any discharger or potential discharger of industrial wastewater into the city's collection system.
“Industrial user permit” shall mean the regulatory permit issued to users and enforced by the Director to control the discharge of wastewater into the city's collection system or POTW. At the discretion of the Director, the industrial user permit may be issued to an individual facility with specific site information and requirements, or as a general permit to businesses with similar process and treatment requirements, such as restaurants, car washes, film developing, and the like. “Industrial wastewater” shall mean all water-carried wastes of the city and community service areas, excluding domestic wastewater as defined, and shall include all wastewater from any producing, manufacturing, processing, institutional, governmental, commercial, service, agricultural or other operation. These may also include wastes of human origin similar to domestic wastewaters. All liquid wastes hauled by truck, rail or other means shall be considered industrial wastewater, regardless of the original source of the wastes. Hauled domestic wastewater from septic tanks, cesspools, seepage pits and private disposal systems is also included in the category of industrial wastewater.
“Infectious waste” shall mean all wastes which normally cause or significantly contribute to the cause of increased morbidity or mortality of human beings. “Inland Empire Brine Line” shall mean the pipeline that transports brine waste to the Orange County Sanitation District for further treatment. “Interference” shall mean, as defined in 40 CFR 403.3(k), any discharge from a user which, alone or in conjunction with discharges from other sources, inhibits or disrupts the city's collection system, treatment processes or operations or sludge processes, use or disposal, and which causes the city to violate any condition of its state or future NPDES permits.
“Ion exchange water softener” shall mean a water conditioning apparatus that is designed to remove hardness or other impurities from a user's incoming potable water supply.
“Liquid waste hauler” shall mean any business engaged in the hauling of liquid wastes from septic tanks, seepage pits, cesspools or any other private disposal systems.
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“Local Limits” shall mean specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b). “Lower explosive limit (LEL)” shall mean the minimum concentration of a combustible gas or vapor in the air which will ignite if an ignition source is present. “Mass emission rate” shall mean the pounds per day discharged to the city's collection system of a particular constituent or combination of constituents as contained in an industrial user permit.
“May” means permissive.
“Monitoring equipment” shall mean any city-approved equipment and/or structure used for monitoring industrial wastewater discharges.
“National Pollution Discharge Elimination System (NPDES)” shall mean a wastewater discharge permit issued by the California Regional Water Quality Control Board (CRWQCB), in conjunction with and pursuant to Section 402 of the Act (33 USC 1342).
“New source” shall mean, as defined in 40 CFR 403.3(m)(1), (2) and (3):
(a) Any building, structure, facility or installation from which there is, or may be, a discharge of pollutants, the construction of which commenced after publication of proposed pretreatment standards, provided that:
1. The building, structure, facility or installation is constructed at a site at which no other source is located;
2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
3. The production or wastewater-generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.
In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
(b) Construction on a site at which an existing source is located results in a modification, rather than a new source, if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (a) of this section, but otherwise alters, replaces or adds to existing process or production equipment. (c) Construction of a new source has commenced if the owner or operator has:
1. Begun, or caused to begin as part of a continuous onsite construction program, any placement, assembly or installation of facilities or equipment or significant site preparation work, including clearing, excavation or removal of existing buildings, CA\JR\06000.30002\10260801.1
structures or facilities necessary for the placement, assembly or installation of new source facilities or equipment; or
2. Entered into a binding contractual obligation for the purchase of facilities or equipment intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not constitute a contractual obligation.
“Noncontact cooling water” shall mean water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
“Oil and grease” shall mean any of the following, in part or in combination, but are not limited to the following:
(a) Petroleum-derived products, for example, oils, fuels, lubricants and solvents; (b) Vegetable-derived products, for example, oils, shortenings and soluble cutting oils;
(c) Animal-derived products, for example, fats, greases, oils and lard. “Pass through,” as defined in 40 CFR 403.3(p), shall mean any discharge of pollutants through the city's POTW or into the Inland Empire Brine Line, into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement placed on the city, including, but not limited to, an increase in the magnitude or duration of a violation.
“Person” shall mean any individual, firm, company, association, society, corporation, governmental agency or group, public or private, and includes the plural as well as the singular.
“Pesticides” shall mean those compounds classified as such under federal or state law or regulations. Pesticides include, but are not limited to, the following: DDT (dichlorodiphenyltrichloro-ethane, both isomers), DDE (dichlorordiphenyl-ethylene), DDD (dichlorodiphenyldichloroethane), Aldrin, Benzene Hexachloride (alpha [], beta [], and gamma isomers), Chlordane, Endrin, Endrin aldehyde, 2,3,7,8-tetrachlorodibenzo-pdioxin (TCDD), Toxaphene, -Endosulfan, Endosulfan Sulfate, Heptachlor, Heptachlor Epoxide, Dieldrin, Demeton, Guthion, Malathion, Methoxychlor, Mirex, and Parathion. “pH” shall mean the measurement of acidity or alkalinity of a solution, expressed in standard units.
“Pollutant” shall mean, but is not limited to, any solid waste, infectious waste, incinerator residue, sewage, garbage, sludge, munitions, chemical wastes, biological matters, radioactive materials, rock, sand, dirt, industrial waste, governmental waste and agricultural waste.
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“Polychlorinated Biphenyls (PCBs)” shall mean those compounds classified as such under federal or state law or regulations. PCBs include, but are not limited to, the following: Aroclors 1016, 1221, 1228, 1232, 1242, 1248, 1254, 1260, and 1262. “POTW” shall mean a Publicly Owned Treatment Works (POTW), including devices, equipment and systems used in the conveyance, storage, treatment, recycling and reclamation of municipal sewage, sludge or industrial wastes of a liquid nature, designed to provide treatment to wastewater generated by the city in community service areas, and maintained and operated by the city.
“Premises” shall refer to and include a lot or parcel of land, a building or an establishment.
“Pretreatment” shall mean the reduction in the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to, or in lieu of, discharging or otherwise introducing such pollutants into the city's collection system or the POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by any other means except as prohibited by dilution.
“Pretreatment Standards or Standards” shall mean prohibited discharge standards, Categorical Pretreatment Standards in 40 CFR 403.6, and Local Limits. “Pretreatment wastes” shall mean all wastes, liquid or solid, removed from a waste stream or discharge by physical, chemical or biological means. “Property” shall mean a parcel of real property of record as shown in the County Assessor's maps on file in the Planning Department of the City of Corona or the offices of the County Recorder of the County of Riverside.
“RCRA” shall mean the Resource Conservation and Recovery Act as contained in 40 CFR 260-266 and 270.
“Restaurant” shall mean all retail establishments selling prepared foods and drinks for consumption on or off the premises, and lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. Retail establishments selling prepared food and drink, lunch counters and drinking places operated as a subordinate service facility by other establishments shall also be included. “Rooming house” shall mean any building other than apartment houses, motel, hotel or auto court, wherein two or more rooms are rented to others for lodging purposes by the person or entity having ownership or charge of such dwelling. “Sampling and evaluation program” shall mean the determination of mass emission or concentration of constituents or other conditions specified in the industrial user's permit for a period of at least ten to 14 consecutive working days. “Sanitary Sewer Overflow (SSO)” shall mean any overflow, spill, release, discharge or diversion of untreated wastewater from a sanitary sewer system. SSOs include:
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(a) Overflows or releases of untreated or partially treated wastewater that reaches waters of the United States.
(b) Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and
(c) Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of the sanitary sewer system.
“SAWPA” shall mean the Santa Ana Watershed Project Authority. “Sewage” shall mean any water-borne or liquid wastes, including domestic sewage and industrial waste, but does not include or mean stormwater, groundwater, roof or yard drainage.
“Sewage system” shall mean those pipe lines, plant facilities and appurtenances constructed, maintained and operated by the city primarily for the collection of sewage and the conveyance thereof to a sewage treatment plant for the treatment of the sewage. “Sewer System Management Plan (SSMP)” shall mean an approved plan adopted by the city to control and reduce the occurrence and impact of sanitary sewer overflows “Shall” means mandatory.
“Significant industrial user” or “SIU” shall mean any industrial user of the city's collection system who:
(a) Is a user as defined in 40 CFR Subchapter N, parts 401 through 471; or (b) Has a discharge flow rate of 25,000 gallons or more per average work day of processed wastewater, excluding sanitary, non-contact cooling and boiler-blown-down water, or contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the city's POTW; or (c) Has in its wastewater toxic pollutants, as defined pursuant to Section 307 or the Act, or state statutes and rules; or
(d) Is found by the city, the CRWQCB or the EPA to have significant impact, either singularly or in combination with other wastewater discharges from contributing industries, on the operation of the POTW, the quality of sludge, the system's effluent quality or air emissions generated by the system.
“Significant noncompliance (SNC)” shall mean any significant industrial user violation(s) which meet any of the criteria below, or any industrial user that violates (c), (d), or (h) below:
(a) “Chronic violations of wastewater discharge limits” are defined as those in which 66% or more of all of the measurements taken during a consecutive-six-month period exceed (by any magnitude) the numeric Pretreatment Standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3 (1); CA\JR\06000.30002\10260801.1
(b) “Technical review criteria (TRC) violations” are defined as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a consecutive-six-month period equal or exceed the product of the numeric Pretreatment Standard or requirement, including instantaneous limits, multiplied by 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 standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard ) that the city determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health and safety of POTW 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) Failure to meet, within 90 days 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 meet, within 45 days after the schedule date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
(g) Failure to accurately report noncompliance;
(h) Any other violations or group of violations, which may include violations of Best Management Practices, which the city believes will adversely affect the operation and implementation of the city's pretreatment program or the city’s sewer system. (i) In the case of pH, violations are considered significant if the pH value is more than
1.0 pH units above the upper pH limit or below the lower pH limit, based on any sampling performed.
“Single-pass cooling water” shall mean water that is used solely for the purpose of cooling and is used only once before being discharged.
“Single-pass heating water” shall mean water used solely for the purpose of heating and is used only once before being discharged.
“Slug discharge” shall mean any wastewater, material or waste with such a high flow rate and/or pollutant concentration which will cause significant damage, interference or pass through in the city's collection system, POTW or sludge processes, use or disposal. “Source” shall mean any building, structure, facility or installation from which there is or may be the discharge of pollutants, including, but not limited to, photo finishing shops, laboratories, commercial laundries and dental/medical/veterinary clinics. “Storm drain” shall mean a system of open channels, lined and unlined channels, surface channels, impound basins, ground water recharge basins, storm water holding ponds, underground pipes, curb and gutter, cross gutters, storm water pump and lift CA\JR\06000.30002\10260801.1
stations, parking lots, streets and natural water courses used to collect and direct storm precipitation and surface runoff to a receiving body of water or underground aquifer recharge basin.
“Surcharge” shall mean an assessment, in addition to the sewer service charge, levied on those users whose wastewater discharge constituents exceed permitted levels. “Temporary user” shall mean any user who is granted temporary permission by the Director to discharge unpolluted water or wastewater to the collection system and controlled by a Class V industrial user permit.
“Total toxic organics (TTO)” shall mean the sum of all quantifiable values greater than 0.01 mg/l of the regulated toxic organic compounds found in the user's discharge. “Unpolluted water” shall mean cooling and heating water, single-pass cooling and heating water, air conditioning condensate, ice melt, condensate, landscape irrigation, crop irrigation and rain water.
“User” shall mean any person, persons or entities (public or private) of a residential, industrial, commercial, governmental or institutional nature that discharges or causes to be discharged wastewater or waterborne wastes into the collection system of the city or community service areas.
“Waste” shall mean any discarded solid, semi-solid, liquid or gaseous material. “Wastewater” shall mean the liquid and water carried along with industrial and/or domestic wastes from dwellings, commercial buildings, industrial facilities, governmental facilities and institutions which may be present, whether treated or untreated, which is contributed into or permitted to enter the public sewage system. “Water supply” shall mean the city's water supply serving the area tributary to the city's collection system or the city's monthly average water supply serving the area tributary to the city's POTW. Water supply to an individual establishment means specifically a composite analysis over 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 Director.
“WRCRWA” shall mean the Western Riverside County Regional Wastewater Authority.
“Utilities Department” shall mean the Utilities Department of the City of Corona and its employees.
13.08.030 Administration.
Except as otherwise provided herein, the Director shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the Director may be delegated by the Director to persons acting in the beneficial interest of or in the employ of the city.
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13.08.040 Public access to information.
Information and discharge data provided to the city by a user shall be available to the public without restriction, except where there is a claim of confidentiality by the user. All other information submitted by the user to the city shall be available to the public to the extent provided by law, including without limitation, the Public Records Act (Cal. Gov't Code §§ 6250 et seq.). With the exception of government agencies, any person requesting this information from the city shall be required, prior to receipt of the information, to pay the reasonable cost of the data gathering, reproduction and transmission incurred by the city.
13.08.042 Confidentiality requirements.
Any information and discharge data submitted to the city pertaining to the pretreatment program may be claimed by the user to be confidential. Any such claim must be asserted at the time of submission of the information or data to the city. The claim may be asserted by stamping the words “Confidential-Business Information” on each page containing such information. If no claim is asserted at the time of submission, the city may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures set forth at 40 CFR 2.
13.08.050 Inspection.
The Director shall inspect and obtain samples of discharges from all permitted users at least annually, to ascertain whether users are complying with the requirements of this chapter.
(A) The Director may inspect facilities of any user whom he or she has reason to believe may be a generator of nondomestic wastewater, to determine compliance with all provisions of this chapter. Persons or occupants of premises where non-domestic wastewater is created or discharged, or where the Director has reason to believe that non-domestic wastewater may be created or discharged, shall allow the Director ready access at all reasonable times to all parts of the premises for the purposes of, among other things, inspection, sampling, examination and copying of records, taking photographs and performance of any of his or her duties. (B) The Director shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance, monitoring or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into the user's property, the user shall make necessary arrangements with its staff so that, upon presentation of suitable identification, the Director will be permitted to enter, without delay, for the purpose of performing any of the duties required under this chapter.
(C) The user shall insure that there is always a person on site during normal business hours, knowledgeable of the user's processes and activities, to accompany the city inspector during the inspection.
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(D) The user shall provide immediate access when an emergency exists, regardless of the hour of the day.
(E) All pretreatment equipment shall be immediately accessible at all times for the purpose of inspection. At no time shall any material, debris, obstacles or obstructions be placed in such a manner so as to prevent immediate access to the pretreatment equipment.
(F) No persons shall interfere with, delay, resist or refuse entrance to an authorized city inspector attempting to inspect any facility involved, directly or indirectly, with a discharge of wastewater to the city's collection system. (G) In the event an authorized city inspector is denied entry to a user's facility, the city shall, with the City Attorney's assistance, obtain an inspection warrant from a court of competent jurisdiction and enter the facility for inspection purposes. (H) From time to time, Corona discharges wastewater to the Inland Empire Brine Line and to the CSDOC and WRCRWA wastewater treatment facilities, pursuant to limitations and conditions contained in industrial wastewater permits. In accordance with the terms and conditions of those permits, both SAWPA, CSDOC, and WRCRWA have the right to periodically review Corona's enforcement efforts and any self-monitoring reports, quarterly and annual reports, and to inspect wastewater-generating and disposal facilities, and to sample the discharge of any permittee. Users shall allow SAWPA, CSDOC, and WRCRWA reasonable access during the normal working day to user's wastewatergenerating and disposal facilities for purposes of inspection and sampling.
13.08.060 Monitoring.
(A) At the direction of the Director, any persons discharging industrial wastewater directly or indirectly into the city's collection system shall install sampling station(s) and/or monitoring device(s) to measure the quality and quantity of wastewater discharged.
These measuring devices may include, but not be limited to: flow meters and recorders, pH meters and recorders and electrical conductivity meters and recorders. (B) The sampling station and/or measuring device shall be provided by the user in compliance with this chapter and all applicable building, plumbing and construction codes.
Monitoring or metering facilities may be required to have a security closure that can be locked with a city lock during sampling and monitoring. The user shall be liable for the repair or replacement costs for any damage to or theft of city equipment which has been properly placed in or secured to the user's monitoring or metering facility.
Construction shall be completed within a reasonable time frame established in written notification from the Director.
(C) The Director shall have the right to set up on the user's property such devices as are necessary to conduct wastewater sampling, compliance monitoring and/or metering operations.
(D) No user shall interfere with, delay, resist or refuse entrance to authorized city personnel attempting to install wastewater monitoring equipment on the user's property.
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Any permanent or temporary obstruction to easy access to the sampling, monitoring or metering locations shall be immediately removed by the user or property owner at the written or verbal request of the Director and shall not be replaced. (E) The sampling station or measuring devices shall be maintained for continuous sampling or metering. The measuring devices shall be calibrated as often as necessary to insure accurate measurements according to manufacturer's specifications.
13.08.070 Record keeping.
All users shall keep records of waste hauling, reclamations, monitoring device calibration reports, sample analysis data and flow meter, pH and conductivity chart recordings on the site of generation, and any additional records of information and documentation associated with established Best Management Practices. All these records are subject to inspection and shall be copied as needed. All records must be kept on the site of wastewater generation for a minimum period of three years. The records retention period may be extended beyond these years in the event criminal or civil action is taken or an extensive company history is required.
13.08.080 Damage to city equipment or facilities.
(A) 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 city's collection system, without written approval by the Director. (B) Any person who discharges or causes the discharge of wastewaters or materials which cause detrimental effects on POTW treatment processes, damage to the city's collection system, POTW or storm drain or any other damages, including the imposition of fines by state, federal or other regulatory agencies against the city, shall be liable to the city for all damages and fines incurred, including administrative expenses. An administrative fee of 50% of the city's repair and personnel costs shall be added to these charges. All charges shall be payable to the city within 30 days of receipt of invoice from the city.
13.08.090 Flow measurement.
All industrial users who discharge 10,000 gallons per day or more of industrial wastewater or as required by the Director shall install a continuous monitoring flow meter capable of measuring the industrial user's discharge to the city's sewerage system. The flow measurement device shall conform to standards issued by theDirector.
13.08.100 Infectious waste disposal.
Those users which generate liquid infectious wastes must obtain written permission from the Director prior to disposal of the liquid wastes to the city's collection system. The request must contain the source and volume of the infectious waste. At no time shall any user dispose solid infectious wastes to the city's collection system, including hypodermic needles, syringes, instruments, utensils or other paper and plastic items of a disposal nature, or recognizable portions of the human anatomy or laboratory animals.
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13.08.110 Restaurants.
(A) Any person who operates, owns or maintains a restaurant shall complete a City Restaurant Survey Form. The form can be obtained from the city and shall be submitted to the Director for review of grease interceptor requirements prior to commencing operations.
(B) The size of grease interceptors shall be determined as described in the latest edition of the Uniform Plumbing Code, and is subject to change based on the city's evaluation.
(C) All restaurant wastewater and wastes from floor drains, floor sinks, sinks, waste container wash racks, dishwashers and garbage grinders are to be directed through a minimum-750-gallon gravity separation interceptor. All domestic wastewaters from restrooms, showers, drinking fountains and condensate (including ice melt and air conditioning) shall be kept separate from the restaurant wastewater until the restaurant wastewater has passed through all necessary pretreatment equipment, devices or monitoring stations.
13.08.120 Prohibited restaurant surface discharges.
No person who owns, operates or maintains a restaurant shall at any time discharge any wastewater to the storm drain service dock areas or ground. Wastewater generated by restaurants must be disposed of to a sanitary sewer through an approved gravity separation interceptor connected to a sanitary sewer or hauled off-site to a legal disposal site.
13.08.130 Conditional waivers.
(A) Conditional waivers for the grease interceptor requirement may be granted by the Director for those restaurants determined not to have adverse effects on the city's collection system or POTW.
(B) Conditional waivers may be revoked for any of the following reasons:
(1) Changes in menu affecting grease discharges;
(2) Falsification of information submitted on the city's Restaurant Survey Form; (3) Changes in operating hours affecting grease discharges; and (4) Changes in restaurant equipment affecting grease discharges.
13.08.140 Water softening restrictions.
(A) No residential water softening or conditioning appliance shall be installed, except in either of the following circumstances:
(1) The regeneration of the appliance is performed at a nonresidential facility separate from the location of the residence where the appliance is used; CA\JR\06000.30002\10260801.1
(2) The regeneration of the appliance discharges to the waste disposal system of the residence where the appliance is used, and both of the following conditions are satisfied:
(a) The appliance is certified to control the quantity of salt used per regeneration by a pre-set device and the settings of the device are limited so that a salt efficiency rating of no less than 3,350 grains of hardness removed per pound of salt used in regeneration is achieved with a clock control, manually-initiated control or demand control. An appliance installed on or after January 2002 shall be certified by a third-party rating organization, using industry standards, to have a salt efficiency rating of no less than 4,000 grains of hardness removed per pound of salt used in regeneration; (b) The installation of the appliance is accompanied by the simultaneous installation of the following softened or conditioned water conservation devices on all fixtures using softened or conditioned water, unless the devices are already in place or are prohibited by plumbing and building standards, or unless the devices will adversely restrict the normal operation of the fixtures:
1. Faucet flow restrictors;
2. Shower head restrictors;
3. Toilet reservoir dams;
4. A piping system installed so that untreated (unsoftened or unconditioned) supply water is carried to hose bibs and sill cocks that serve water to the outside of the house, except that bypass valves may be installed on homes with slab foundations constructed prior to the date of installation; condominiums constructed prior to the date of installation; or otherwise where a piping system is physically inhibited. (B) A person installing or operating a legal water conditioning apparatus of any kind shall make such apparatus accessible to the Director for inspection at all times, and shall make such reports relative to such apparatus as the Director may require. (C) It shall be unlawful for anyone to offer on-site regenerated softeners for sale or rent in the city, or to solicit an owner or occupant of property in the city to purchase or rent such a unit, or to install a softener with provision for on-site regeneration except where the purchaser or renter holds a valid permit from the city for such installation. The penalties for making such sale, rental or installation includes the requirement that the party remove the illegally installed unit, and that the party's business license to operate in the city be suspended for at least one year from the date of such sale, rental or installation.
13.08.150 Gravity separation interceptor.
Any person that operates or maintains a facility for the servicing or repair of roadway machinery, industrial transportation equipment, motor vehicles or any other facility as required by the Director shall install and maintain a gravity separation interceptor.
Domestic wastewater shall not be allowed to pass through the interceptor. The interceptor's operational fluid capacity shall be determined by the Director. The CA\JR\06000.30002\10260801.1
interceptor shall have a minimum operational fluid capacity of not less than 750 gallons, and shall be designed so as to retain any material which will float or any material which will settle. The interceptor shall be watertight, structurally sound and durable.
13.08.160 Interceptor requirements.
All users required to install a gravity separation interceptor shall comply with the following conditions:
(A) All interceptor chambers shall be immediately accessible at all times for the purpose of inspection, sampling, cleaning and maintenance. At no time shall any material, debris, obstacle or other obstruction be placed to prevent immediate access to the interceptor;
(B) Any interceptor legally and properly installed before the effective date of this chapter shall be acceptable as an alternative to the interceptor requirements of this chapter. The interceptor shall be effective in removing floatable and settleable material, and shall be immediately accessible for inspection, sampling, cleaning and maintenance. (C) If the Director finds, either by engineering knowledge or by observation, that an interceptor is incapable of adequately retaining floatable and settleable material in the wastewater flow, is structurally incomplete or is undersized for the facility, the Director shall condemn such interceptor and declare that the interceptor does not meet the requirements of this section. The user shall be required to install, at the user's expense, an acceptable interceptor.
(D) All interceptors shall be equipped with a sample chamber located at the downstream end of the interceptor. The sample chamber shall have a minimum-24- square-inch clear opening for the temporary installation of the city's portable sampling equipment.
13.08.170 Standard interceptor designs.
The Director shall maintain a file, available to the public, of suitable designs of gravity separation interceptors. This file shall be for informational purposes only and shall not provide or imply any endorsements of any kind. Installation of an interceptor of a design shown in this file, or of any design meeting the size requirements set forth in this chapter, shall not impute any liability to the city for the adequacy of the interceptor under actual conditions of use. The owner or proprietor shall not be relieved of responsibility for keeping floatable and settleable material out of the sewer.
13.08.180 Interceptor maintenance.
(A) Any person who owns or operates a gravity separation interceptor shall properly maintain the interceptor at all times. The interceptor shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the interceptor. An interceptor is not considered to be properly maintained if for any reason the interceptor is not in good working condition, or if the operational fluid capacity has been reduced by more than 25% by the accumulation of sediment and floating oils and greases.
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(B) The use of chemicals or other materials for the emulsification, suspension or dissolution of oil and grease is prohibited.
(C) The use of microbiological agents to metabolize oil and grease shall be reviewed for approval on a case-by-case basis. The user shall submit a written request to the Director for the use of a microbiological agent prior to the use of that agent. (D) When an interceptor is cleaned, the removed sediment and floating material shall be legally disposed of other than to the city's collection system or POTW. (E) If the interceptor is not maintained adequately under the conditions of use, the interceptor shall be re-sized and the user shall install one which is effective in accomplishing the intended purpose.
(F) The owner, lessee, sub-lessee, proprietor, operator or superintendent of any facility required to install an interceptor is individually and severally liable for any failure to properly maintain the interceptor.
13.08.190 Liquid waste haulers.
(A) All liquid waste haulers shall be subject to all provisions of this chapter and all other regulations, charges for use and fees established by the city. (B) Wastewater discharge permits for individual vehicles to use such facilities shall be required. All septic tank waste haulers shall be required to obtain a waste hauler discharge permit from the city and meet the following guidelines:
(1) Contents of septic tanks, seepage pits, cesspools or any other similar wastes containing no industrial wastes, as defined, shall be disposed of only at locations authorized by the Director;
(2) No wastes disposed of by waste haulers shall exceed the maximum concentration levels of pollutants established from time to time by resolution of the City Council;
(3) All wastes disposed of at the city's POTW shall be subject to inspection, sampling and analysis to verify the acceptability of the wastes for discharge. If the wastes are found to be unacceptable and a sample is taken, the liquid waste hauler shall be liable for all costs associated with the inspection, sampling and analysis; (4) All liquid waste haulers operating within the city limits and tributary community service areas shall provide documentation upon request as to the origin of the wastes hauled prior to discharging into the city's POTW;
(5) If the wastes hauled by a liquid waste hauler are found unacceptable for discharge into the city's POTW, the liquid waste hauler shall dispose of the wastes at a legal disposal site. The liquid waste hauler shall provide the city with a copy of the waste hauler's manifest, documenting the legal disposal of the rejected wastes within 14 days from the date the wastes were rejected. Failure to provide verifiable documentation shall constitute a violation of this chapter;
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(6) Liquid waste haulers are prohibited from discharging industrial waste into the city's POTW or collection system or the community service area collection system. No liquid waste hauler shall mix industrial waste and domestic wastewater in an attempt to discharge the mixture to the city's POTW or collection system; (7) No liquid waste hauler shall discharge or cause to be discharged any material defined as hazardous by RCRA;
(8) Any liquid waste hauler determined to be in violation of this section may be prohibited from future wastewater disposal at the city's POTW.
13.08.200 Separation of domestic and industrial waste.
Any user who discharges industrial wastewater to the city's collection system shall keep domestic wastewater separate from all industrial wastewaters until the industrial wastewaters have passed through all required pretreatment equipment or devices or the user's industrial wastewater sample point(s).
13.08.210 Prohibited waste discharges.
(A) General prohibition. A user may not introduce into the collection system of the city or the POTW any pollutant which causes pass through or interference. (B) Prohibited waste discharges. Except as hereinafter provided, it shall be unlawful for any person to discharge or cause to be discharged into the collection system of the city or a community service area, or any opening, sump, tank, clarifier, piping or waste treatment system which drains or flows into the collection system of the city or a community service area, any of the following:
(1) Any earth, sand, rocks, ashes, gravel, plaster, concrete, glass, metal filings or metal or plastic objects, garbage or solid, semi-solid or viscous material in quantities or volume which will obstruct the flow of sewage in the collection system, or any object which will cause clogging of a sewer or sewage sludge pump or interferes with the normal operation of the city's POTW;
(2) Any compound which will produce noxious odors or toxic gases, vapors or fumes in the city's POTW;
(3) Recognizable portions of human or animal anatomy;
(4) Any solids, liquids, gases, devices or explosives which, by themselves or by interaction with other substances or sewage, may cause fire or explosion hazards, exceed 10% of the lower explosive limit at the point of discharge or in the collection system, or in any other way create imminent danger to wastewater personnel, the environment or public health;
(5) Any wastewater or material with a closed cup flash point of less than 140°F or 60°C, using the test methods specified in 40 CFR 261.21; CA\JR\06000.30002\10260801.1
(6) Any overflow from any septic tank, cesspool, seepage pit or any liquid or sludge pumped from a cesspool, septic tank or seepage pit, except as may be permitted by the Director;
(7) Any discharge from the wastewater holding tanks of recreational vehicles, trailers, buses and other similar vehicles, except as may be permitted by the Director; (8) Any storm water, groundwater, street drainage, subsurface drainage, yard drainage or any runoff from any field, roof, yard, driveway or street. The Director may approve, on a temporary basis, the discharge of such water only when no reasonable alternative method of discharge is available;
(9) Any substance or heat in amounts which will inhibit biological activity in the city's POTW resulting in interference, or which will cause the temperature of the sewage in any public sewer to be higher than 140°F. In no case shall any substance or heat be discharged to the sewer which will raise the POTW effluent higher than 104°F (40°C); (10) Any radioactive waste in excess of federal, state or county regulations; (11) Any material or quantity of material which will:
(a) Cause damage to any part of the collection system;
(b) Cause abnormal maintenance of the collection system; (c) Cause an increase in the operational costs of the collection system; (d) Become a nuisance or menace to public health;
(e) Cause interference or pass through in the city's POTW, its treatment processes, operations, sludge processes, use or disposal; (f) Cause a violation of the city's state or future NPDES permits; CSDOC's existing NPDES permit, in the event the wastewater is discharged to the Inland Empire Brine Line; or WRCRWA’s NPDES permit in the event the wastewater is discharged to the WRCRWA plant;
(12) Any quantities of herbicides, algaecides or pesticides; (13) Any petroleum oil, non-biodegradable cutting oil or products of mineral oil origin; (14) Any material or quantity of material(s) which will cause abnormal sulfide generation;
(15) Any water or wastewater used to artificially raise the industrial user's discharge rate or added for the purpose of diluting wastes which would otherwise exceed applicable permitted discharge limitations;
(16) Any wastewater having a corrosive property capable of causing damage to the city's collection system, POTW, equipment or structures or presenting a hazard to city personnel. However, in no case shall wastewater be discharged to the city's collection CA\JR\06000.30002\10260801.1
system or POTW with a pH below 5.0 or greater than 10.5, or that will change the effluent of the city's POTW to above 8.0 or below 6.5;
(17) Any substance which will cause discoloration of the city's POTW effluent; (18) Any unpolluted water that violates any city- or state-adopted water conversation programs or policies; constitutes a dilution stream for the purposes of meeting concentration limits as an alternative to treatment; or that has the potential to cause or contribute to surcharged conditions in the sewer collection or treatment system. Sources of unpolluted water include, but are not limited to, cooling water, heating water, storm water, subsurface water and single-pass cooling water. The Director may approve, on a temporary basis, the discharge of such water only when no reasonable alternative method of discharge is available. The user shall pay all applicable user charges and fees; (19) Any substance which may cause the city's POTW effluent or any other product such as residues, sludges or scums to be unsuitable for reclamation or reuse, or which will interfere with the reclamation process. This includes any material which will cause the sludge at the city's POTW to violate applicable sludge use or disposal regulations developed under the Act, 33 USCA 1251 et seq., or any regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, 12 USCA 6901 et seq.; Clean Air Act, 12 USCA 7401 et seq.; Toxic Substance Control Act, 16 USCA 2601 et seq.; or state regulations;
(20) Any hazardous substance which violates the objectives of the general pretreatment regulations, this chapter or any statute, rule, regulation or chapter of any public agency having jurisdiction over the discharge;
(21) Any toxic material in excess of the quantities established by resolution or ordinance adopted by the City Council. The maximum quantity of toxic material permitted to be released into the city's collection system shall be approved by the City Council, and may thereafter be amended from time to time by resolution or ordinance as necessary to comply with state and federal pretreatment standards and local discharge limits; (22) Any pollutant, including oxygen-demanding pollutants (BOD), released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the city's POTW;
(23) Any pollutants in concentrations exceeding the maximum levels established by resolution or ordinance of the City Council. The maximum concentration levels of pollutants permitted to be released into the city's collection system shall be approved by the City Council and adopted by resolution, and may thereafter be amended from time to time to comply with state and federal pretreatment standards and local discharge limits as the City Council deems is reasonable and necessary;
(24) Any wastewater subject to regulations, except pursuant to valid permit from the city.
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13.08.220 Prohibited surface discharges.
It shall be unlawful for any person to throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish or garbage in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or upon any public or private property so that the same might be discharged into the city's collection system or storm drains. It shall be further unlawful for any person to store objects, including, but not limited to, motor vehicle or machine parts, in places which may cause grease, oil or other toxic substances to leak and discharge into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or upon any public or private property so that the same might be discharged into the city's collection system or storm drains.
13.08.230 Limitation on wastewater strength.
No person shall discharge industrial wastewater to the city's collection system unless a permit has been obtained and the wastewater conforms to all of the limitations and requirements of the permit and this chapter. Discharge limitations shall be adopted by resolution concurrently with this chapter, and shall be revised from time to time if and when the City Council deems it is necessary.
13.08.240 Pretreatment of industrial wastewaters.
All users shall:
(A) Pretreat wastewater in compliance with this chapter; (B) Achieve compliance with all Federal Categorical Pretreatment Standards, as contained in 40 CFR Chapter I, Subchapter N, as it exists and as it may be amended, and Local Limits, whichever is more stringent, within the time limitations as specified by the federal pretreatment regulations;
(C) Pretreat wastewater to a level acceptable to the Director, and shall operate and maintain all necessary equipment, systems and devices at the user's expense; (D) Provide detailed plans showing the pretreatment equipment, systems and devices and operating procedures. These plans shall be submitted to the Director for review and approval before the beginning of any construction or installation. The review of such plans and operating procedures, including Best Management Practices, will in no way relieve the user from the responsibility of pre-treating wastewater to produce an effluent acceptable to the Director under the provisions of this chapter. (1) The Director, at his or her discretion, may impose either equivalent concentration or mass limits. To be eligible for equivalent mass limits, the industrial user must employ, or demonstrate that it will employ water conservation methods and technologies that substantially reduce water use during the term of its individual discharge permit. (2) The Best Management Practices may be imposed by ordinance or in individual discharge permits or general permits to implement Local Limits and requirements.
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13.08.250 Prohibited discharge of recovered pretreatment wastes.
It shall be unlawful for any person to discharge waste recovered from pretreatment equipment, systems or devices into any sewer or storm drain opening, or any drains or other openings leading to any sewer, storm drain or ground. All recovered pretreatment wastes shall be disposed of in accordance with all applicable federal, state, county and local laws and regulations.
13.08.260 Dilution prohibited as a substitute for treatment.
No user shall increase the use of water or in any other manner attempt to dilute a wastewater discharge, as a partial or complete substitute for adequate treatment, to achieve compliance with this chapter and the industrial user's permit, or to establish an artificially high flow rate for permitted mass emission rates.
13.08.270 Industrial user modifications.
All industrial users shall report proposed changes in the industrial user's operations or changes in the discharge of wastes, including hazardous wastes, to the Director for approval prior to the industrial user's initiation of the changes. For the purposes of this section, “changes” shall include any of the following: a sustained positive or negative change of 20% in the industrial wastewater discharged, additional processes, additional or different equipment, and an increase in production capacity.
13.08.280 Spill containment system.
All users must create a spill containment system and submit same to the Director for approval. Spill containment systems, as may be required, shall conform to requirements established by the Director. No person shall operate a spill containment system that allows incompatible substances to mix, thereby creating hazardous or toxic substances in the event of a failure of one or more containers. Spill containment systems shall consist of a system of dikes, walls, barriers, berms or other devices designed to contain spillage of the liquid contents of containers. Spill containment systems shall be constructed of materials impermeable and non-reactive to the liquids being contained. Spill containment systems shall conform to local regulations and policies as to percent containment, container type and size.
13.08.290 Integrated waste management plans.
(A) All industrial users shall be required to develop and maintain an Integrated Waste Management Plan (IWMP). The IWMP shall be available to the city for the Director's review. The IWMP shall be prepared in accordance with criteria established by the Director.
(B) The IWMP must contain all of the following documents, unless exempted, in writing, by the Director:
(1) A Toxic Organic Management Plan (TOMP). A TOMP is required of all categorical industrial users who do not do total toxic organics (TTO) monitoring; CA\JR\06000.30002\10260801.1
(2) A Spill Prevention Control Plan (SPCP). A SPCP is required of all industrial users who have batch discharge provisions, stored chemicals or materials, or the potential for a slug discharge which, if discharged to the city's collection system, would violate any of the prohibited discharge requirements of this chapter; (3) A Pretreatment Systems Operations and Maintenance Manual. The manual shall be submitted by all industrial users that operate and maintain pretreatment equipment for the removal of pollutants from wastewater; (4) A Hazardous Materials and Hazardous Waste Management Plan. This plan is required of all industrial users that use or possess hazardous materials and/or generate hazardous wastes;
(5) A Waste Minimization/Pollution Prevention Plan (WMPPP). A WMPPP is required of all industrial users. The WMPPP shall list ways in which the industrial user plans to conserve water, investigate and implement product and/or material substitution, maintain inventory controls and provide employee education to minimize the amount of waste generated and hazardous materials used.
13.08.295 Slug Discharge Management Plan.
The Director may require any user to develop and implement a Slug Discharge Management Plan (SDMP) or other action to control slug discharges. Where deemed necessary by the Director, facilities to prevent accidental discharge or slug discharges of pollutants shall be provided and maintained at the user's cost and expense. A SDMP, showing facilities and operation procedures to provide this protection, shall be submitted to the Director for review and approval before implementation. The Director shall determine which user is required to develop an SDMP, and require the plan to be submitted within a time period that will be included in the user's industrial user discharge permit. Each user shall implement its SDMP as submitted or modified after such plan has been reviewed and approved by the Director. Review and approval of such plans and operation procedures by the Director shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this chapter. (A) Any user required to develop and implement an SDMP shall submit a plan which addresses, at a minimum, the following:
(1) Description of discharge practices, including non-routine batch discharges; (2) Description of stored chemicals;
(3) Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the standards set forth in this chapter, and any local, state or federal regulations; and (4) 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, CA\JR\06000.30002\10260801.1
measures for containing toxic organic chemicals (including solvents), and/or measures and equipment for emergency response.
13.08.300 Notification of discharge.
(A) All users shall immediately notify the Director of all wastewater discharges that could cause a problem at the POTW or collection system, including any slug loadings of any material. Wastewater discharges that may cause a problem at the POTW could be, but are not limited to, acids, alkalines, oils, greases, high strength organic wastes, salt, hazardous materials/waste, colored wastes and batch discharges. All users shall provide the Director, within five working days from the incident, a written report detailing the cause of the discharge and the corrective actions taken to prevent a reoccurrence. The notification shall include, at the minimum, the date and time, a description, the cause, the estimated gallons and the steps taken to prevent a discharge of this nature from occurring again in the future.
(B) All users shall notify the EPA and the city of any discharge into the city's POTW of a substance which, if otherwise disposed of, would be a hazardous waste pursuant to 30 CFR 261.
13.08.310 Federal Categorical Pretreatment Standards.
The National Categorical Pretreatment Standards found in 40 CFR Chapter 1, Subchapter N, Parts 405-471, are incorporated.
(A) Where a Categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c). (B) When wastewater subject to a Categorical Pretreatment Standard is mixed with wastewater not regulated by the same standard, the Director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e). (C) 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. A user may obtain a net/gross adjustment to a Categorical Standard in accordance with 40 CFR 403.15.
13.08.320 Commercial/industrial tenant occupancy.
Pursuant to 40 CFR 403.8(f)(2)(i), all owners of multiple-tenant commercial/industrial developments within the city shall submit a current list of tenants during the month of July.
This list shall provide the name, address and type of business activity for each tenant space in the development.
13.08.330 Industrial user discharge permit application requirements. (A) All users within the city or users who discharge into the city's collection system shall file an industrial user discharge permit application, signed by an authorized CA\JR\06000.30002\10260801.1
representative, with the Director. Based on the information submitted on the industrial user discharge permit application and city staff's investigation of the user's establishment, an industrial user discharge permit may be required. Users not required to obtain an industrial user discharge permit are not absolved from meeting the discharge requirements, including BMPs, of the city as set forth in this chapter and subsequent resolutions.
(B) Plans and building permits shall not be approved by the Director for any sewer connection which will convey industrial wastewater to the city's POTW, unless the user has first obtained an industrial user permit, or the user has received written permission from the Director after agreeing not to discharge industrial wastewaters until an industrial user permit has been obtained by the user.
13.08.340 Industrial user discharge permit application.
Users seeking an industrial user discharge permit shall complete and file with the city, under penalty of perjury, an industrial user discharge permit application. The application shall be signed by an authorized representation of the industrial user. The applicant shall be required to submit, as appropriate, any or all of the following items necessary to fully evaluate the proposed discharge and its effect on the city's collection system and POTW:
(A) Industrial user's name, facility address, facility mailing address, telephone number and facility contact person;
(B) Industrial users SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1987, as amended;
(C) Industrial user's EPA hazardous waste generator number, if applicable; (D) Wastewater samples analyzed for specified constituents. The samples shall be analyzed by a state-certified laboratory in accordance with the methods published by the EPA in 40 CFR 136, and amendments thereto;
(E) Time and duration of all wastewater discharges;
(F) Average and maximum daily wastewater flow rates, including any seasonal variation of all waste streams discharged;
(G) A list of all environmental control permits held by the users; (H) A statement from the property owner or landlord, if different from the industrial user, agreeing to the industrial user's activities, manufacturing processes and chemical and material storage;
(I) Site plans, floor plans, mechanical and plumbing plans, with details to show all sewers, sewer connections, pretreatment equipment, systems and devices, production areas and all areas of wastewater generation;
(J) A complete description of operations which shall include the nature, average rate of production and standard industrial classification of the operation(s) carried out by the CA\JR\06000.30002\10260801.1
industrial user. This description shall include a schematic process diagram which indicates points of discharge to the city's POTW;
(K) Information showing the measured average daily and maximum daily flow, in gallons per day, to the city from regulated process waste streams and other waste streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e);
(L) Results of sample analyses identifying the nature and concentration (or mass, where required) of regulated pollutants in the discharge from each regulated process.
Both daily maximum and average concentration (or mass) shall be reported. All analyses shall be performed in accordance with the techniques prescribed in 40 CFR 136, and amendments thereto;
(M) A certification statement, reviewed by an authorized representative of the industrial user, and prepared by a qualified professional, indicating whether or not pretreatment standards (categorical and/or local) are being met on a consistent basis. If not, the industrial user shall state if additional operations and maintenance and/or additional pretreatment equipment are necessary to achieve compliance with pretreatment standards and requirements;
(N) A schedule of compliance shall be submitted if compliance with pretreatment standards cannot be met on a consistent basis. This schedule shall provide the shortest possible time for the industrial user to provide additional pretreatment and/or operations and maintenance to achieve compliance. The schedule shall contain increments of progress in the form of dates, not to exceed nine months, for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to achieve compliance with applicable categorical pretreatment standards;
(O) Plans of systems to prevent and control the loss of materials through spills to the public to the city's collection system or POTW. These plans shall contain at least the following elements:
(1) A description of discharge practices, including non-routine batch discharges; (2) A description of stored material;
(3) Procedures for promptly notifying the city of slug discharges, including any discharge that violates a specific prohibition under this chapter, with procedures for followup written notification within five days; (4) Procedures to prevent adverse impacts from accidental spills; (5) Follow-up practices to limit the damage suffered by the POTW or the environment;
(P) Other information may be required to properly evaluate the permit application. After evaluation and acceptance of the information furnished, the city shall issue an industrial user discharge permit, subject to the terms and conditions set forth in this chapter; CA\JR\06000.30002\10260801.1
(Q) If the Director determines that the proposed discharge will not be acceptable, the Director shall disapprove the application and shall notify the applicant in writing, specifying the reason(s) for denial and the applicable appeals process; (R) Industrial user permits shall be subject to all provisions of this chapter and all other applicable regulations, charges and fees established by resolutions. Permits may contain the following:
(1) The unit charge or schedule of user charges and fees for the wastewater discharged to the POTW;
(2) Schedule of penalty fees for noncompliance;
(3) Limitations on the average daily and maximum daily wastewater pollutants and mass emission rates for pollutants;
(4) Limitations on the average daily and maximum daily wastewater flow rates; (5) Requirements for the submittal of an Integrated Waste Management Plan; (6) Requirements for the submittal of daily, monthly, annual and long-term production rates;
(7) Requirements for installation and maintenance of monitoring and sampling equipment and devices;
(8) Specifications for monitoring programs which may include: sampling location(s); frequency of sampling; number; types and standards for tests; reporting schedule; and total toxic organic (TTO) monitoring;
(9) Requirements of compliance schedules;
(10) Requirements for submission of technical or discharge reports, baseline monitoring reports, compliance reports and reports on continued compliance; (11) Requirements for maintaining and retaining all records relating to the wastewater monitoring, sample analyses, production, waste disposal, recycling, waste minimization and BMPs as specified by the Director;
(12) Requirements for notification of slug or accidental discharges; (13) Other conditions as deemed appropriate by the Director to ensure compliance with this chapter.
13.08.345 Discharge permit: new source and new user.
At least 90 days prior to the anticipated start-up, any “new source,” which is a source that becomes a user subsequent to the proposal of an applicable categorical pretreatment standard that is later promulgated, and any new user considered by the Director to fit the definition of SIU, shall apply for an industrial user discharge permit, and will be required to submit to the Director at least the information listed in § 13.08.340 (A) through (M) of this chapter. A new source or a new user cannot discharge without first receiving an CA\JR\06000.30002\10260801.1
industrial user discharge permit from the Director. New sources and new users shall also be required to include in their application information on the method of pretreatment they intend to use to meet applicable pretreatment standards. New sources and new users shall give estimates of the information requested in § 13.08.340 (K) through (M) of this chapter, and as outlined in 40 CFR 403.12(b)(4)-(6).
13.08.350 Reports.
(A) Compliance schedule progress reports, if required, shall be submitted every 30 days during the time the compliance schedule is in force, including a final compliance report at the conclusion of the compliance schedule. The industrial user shall state whether or not compliance was achieved for the increment of progress to be met on such a date. If progress cannot be achieved, the industrial user shall state the reasons for the delay and the steps to be taken to return the dates originally established in the compliance schedule.
(B) All significant and categorical industrial users shall submit progress reports on compliance every three months or as required by the discharge permit. These reports shall include effluent sample analyses, with the name and concentration or mass of the pollutants in the industrial user permit; average and maximum daily wastewater flows for all regulated processes, and total flow for the reporting period; average and maximum daily production rates; and total production rate for the reporting period. All SIUs, both categorical and non-categorical, must report all monitoring results for any regulated pollutant to the Director, including results from monitoring conducted more frequently than required, as set forth in 40 CFR 403.12(g)(6).
(C) All required reports: BMR's compliance reports, periodic reports on continued compliance, and sample date submittals must be signed by an authorized representative of the user, as defined and set forth in 40 CFR 403.12(1). (D) All required reports in this subsection must have an accompanying certification by a qualified professional, stating that pretreatment standards are or are not being met as set forth in 40 CFR 403.6(a)(2)(ii).
13.08.355 Non-compliance reporting.
If sampling performed by a user indicates a violation, the user shall notify the Director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling within five days and submit the results of the repeat analysis to the Director within 30 days after becoming aware of the violation. Where the Director has authorized city personnel to perform the sampling and analysis in lieu of the industrial user, the authorized city personnel must perform the sampling and analysis, unless it notifies the user of the violation and requires the user to perform the repeat analysis. Re-sampling is not required if:
(A) The Director authorizes city personnel to perform sampling at the industrial user at a frequency of at least once per month, or
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(B) The Director authorizes city personnel to perform sampling at the user between the time when the initial sampling was conducted and the time when the user or the Director receives the results of this sampling.
13.08.360 Permit duration.
Permits shall be issued for a specified time period not to exceed five years. The user shall apply for permit reissuance a minimum of 45 days prior to the expiration of the user's existing permit.
13.08.370 Permit modifications.
The terms and conditions of the industrial user permit may be subject to modification by the Director during the term of the permit as discharge limitations or pretreatment requirements are modified by federal, state or local laws, or such modifications are necessary to protect the city's collection system, POTW or NPDES permit. The user will be informed of any proposed permit changes at least 30 days prior to the effective date of the changes. Any modifications in the permit shall include a reasonable time schedule for compliance.
13.08.380 Permit transfer.
Industrial user permits are issued to a specific user for a specific operation for a specified time. No industrial user permit shall be reassigned, transferred or sold to a new owner, new user or different premises.
13.08.390 Charges and fees.
(A) The city is authorized to recover costs from users for the implementation of the city's pretreatment program. These fees relate exclusively to matters covered by this chapter and are separate from all other fees chargeable by the city. (B) The amount of these fees and charges shall be established by ordinance or resolution of the City Council. The City Council may adopt charges and fees to recover the costs for administering the regulations set forth in the chapter, including, but not limited to, fees for the following:
(1) Developing, implementing and operating the city's pretreatment program and this chapter;
(2) Monitoring, inspection, surveillance procedures and laboratory costs; (3) Reviewing plans and construction inspection;
(4) Industrial user permit application review;
(5) Issuance of industrial user permits;
(6) Noncompliance and enforcement;
(7) Regulating liquid waste haulers;
(8) Regulating temporary users;
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(9) Discharges or discharges containing pollutants in excess of the limits listed in a user's industrial user permit.
13.08.400 Payment of fees.
Unless otherwise specified, all fees, charges and penalties imposed pursuant to this chapter are due and payable upon receipt of notice from city.
13.08.410 Enforcement response plan.
The city shall adopt an enforcement response plan, as required by 40 CFR 403.8(f)(5)(iiv), to coordinate progressive enforcement actions against users not in compliance with this chapter or the conditions of an industrial user permit.
13.08.420 Enforcement mechanisms.
The city may enforce the requirements of this chapter and industrial user permits by utilizing the following enforcement mechanisms or by seeking court action. (A) Verbal warnings. This level of enforcement may be issued by the Manager, Supervisor or a Source Control Inspector who may observe or learn of a violation of this chapter which may be easily resolved by changing housekeeping practices or altering a discharge practice. This verbal warning is documented in an inspection report and by a written follow-up letter. The letter describes the violation encountered and requests that the industrial user correct the problem.
(B) Written warnings. This level of enforcement may be issued by the Manager, Supervisor or a Source Control Inspector if an industrial user fails to achieve compliance after a verbal warning and a written warning is issued with a date for achieving compliance. This notification reiterates the violations and the need for corrective actions.
The compliance date issued notifies the industrial user that compliance must be met by a set date. The time frame for compliance may range from 14 to 30 days. Follow-up inspections are used to verify compliance.
(C) A notice of noncompliance. A notice of noncompliance may be issued whenever an industrial user violates this chapter and the violation does not in imminently endanger human health or welfare. The notice of noncompliance shall be served in person by an employee of the city, but preferably by a Source Control Inspector, or by certified or registered mail, return receipt requested. This is the first level of enforcement used for discharge violations. This level may be used to escalate enforcement actions against industrial users who have failed to comply with a written warning to correct deficiencies and/or violations of this chapter. Within ten working days from the date of receipt of the notice of noncompliance, an industrial user must provide, in writing, an explanation of the violation noted in the notice and a plan for the satisfactory correction of the violation. The written response shall include specific actions which the industrial user plans to take.
Submission of such a plan in no way relieves the industrial user of liability for any violations occurring before or after receipt of the notice of noncompliance. This action shall not limit the Director's authority to take or initiate any action, including emergency actions or any other enforcement action.
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(1) The first notice of noncompliance may have, at a minimum, a $100 penalty assessment.
(2) A second notice of noncompliance for the same violation(s) may have, at a minimum, a $200 penalty assessment.
(3) A third notice of noncompliance for the same violation(s) may have, at a minimum, a $500 penalty assessment.
(D) Stop work order. A stop work order may be issued to prevent new construction, tenant improvements, alterations or additions when no city permits have been obtained, work has begun without written approval by the Director, or violations of this chapter have been found at a construction/improvement site. The Manager, Supervisor or a Source Control Inspector is responsible for issuing a stop work order. The corrective action required by a stop work order is for the person receiving such order to cease all activities which may lead to illegal discharges until necessary permits or approvals have been obtained. The minimum penalty fee for a stop work order is $500. (E) Consent order. A consent order may be issued after an industrial user receives a notice of noncompliance and fails to achieve compliance. The consent order involves an Enforcement Compliance Schedule Agreement (ECSA) developed between the industrial user and the city. The Manager, Supervisor and the Source Control Inspector assigned to the industrial user, and a representative from the City Attorney's office may develop the ECSA. The Director will be consulted regarding the final version of all consent orders.
The purpose of the consent order (ECSA) is to allow the industrial user who has demonstrated a willingness to correct violations a voice in the development of their ECSA.
No element of an ECSA shall exceed six calendar months in duration. All ECSAs will be reviewed by the City Attorney's office. At a minimum, an ECSA shall set forth that:
(1) A consultant or person with the necessary expertise is to be hired to identify the problems causing the user to violate the wastewater pretreatment regulations. The user will be required to submit the initial and all subsequent reports to the city for review and approval;
(2) All pretreatment systems, equipment specifications and facilities be corrected to prevent violations;
(3) The ECSA is to be reviewed by the Regulatory Compliance Division staff and other relevant city departments prior to finalizing;
(4) If necessary, hire contractors to assist the user in coming into compliance; (5) Industrial users obtain all necessary permits to operate; (6) All necessary material and equipment is to be ordered and construction should begin on improvements needed to obtain compliance;
(7) Construction must be completed by a set date;
(8) Employees of the user are sufficiently trained;
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(9) A two week or ten consecutive working days sample evaluation is to be conducted by the city;
(10) The user must achieve compliance within a certain time frame. (11) Progress reports are required throughout the term of the ECSA. The minimum reporting frequency is 30 calendar days. The minimum penalty for a consent order is $500.
(F) Compliance order. A compliance order may be issued by the Manager after an industrial user has failed to achieve compliance and has shown a lack of cooperation and good faith effort to comply. The compliance order involves an Enforcement Compliance Schedule (ECS) developed by the city, with no input from the industrial user. The City Attorney participates in developing the ECS. The Director is consulted for the preparation of all compliance orders. The purpose of the compliance order (ECS) is to compel an uncooperative industrial user to achieve compliance. No element of the ECS shall exceed six months in duration. A compliance order (ECS) shall contain the same elements as a consent order. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the industrial user. The minimum penalty fee for a compliance order is $1,000.
(G) Show cause hearing. The Director may order an industrial user which has violated or continues to violate this chapter to appear before the Director and show cause why the city should not take certain proposed enforcement action against the industrial user. Notice shall served on the industrial user, specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the industrial user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail, return receipt requested, at least ten days prior to the hearing. A show cause hearing may be used after the cease and desist order, ECSA or ECS have failed to achieve compliance, but is not limited to use under these circumstances. The Manager is responsible for issuing all notices for show cause hearings. Before the issuance of a notice for a show cause hearing, the Manager and the Director shall meet with a representative from the City Attorney's office to discuss the case. Testimony obtained at a show cause hearing shall be under oath and transcribed. The findings of the show cause hearing and the final decision shall be issued by the City Attorney. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against an industrial user. The minimum penalty fee for a show cause hearing is $1,500. (H) Cease and desist order.
(1) A cease and desist order may be issued to gain immediate compliance from an industrial user in cases of severe violations, or in cases where a violation poses a threat to the city's POTW, city personnel or the public. The Manager or the Director may issue a cease and desist order if they find that an industrial user has violated, or continues to violate, any provision of this chapter. The cease and desist order may direct the industrial user to:
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(a) Immediately comply with all requirements; and
(b) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(2) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the industrial user. The penalty for the issuance of a cease and desist order is $1,000.
(I) Probation. The Director may place an industrial user which has violated this chapter on administrative probation in accordance with the city's enforcement response plan, at the Director's sole discretion, if the Director determines that the industrial user has now complied or is complying with an administrative order. The probation will terminate if the Director determines that future violations are unlikely to occur or no later than one year after initial compliance is achieved.
13.08.430 Industrial user permit revocation.
The Director may revoke any industrial user permit if the user is in violation of any provision of this chapter. Validity of the industrial user permit shall be conditioned upon compliance with the provisions of this chapter. The Director may revoke the industrial user permit, upon a minimum notice of 15 days, when the Director finds that the permitted wastewater discharge is in violation of the provisions of this chapter or of any applicable federal, state or municipal law or regulation. Within 15 days prior to the intended permit revocation date, a user may request a hearing before a hearing officer. A person dissatisfied with the decision of the hearing officer may appeal to the City Council within 30 days of notice of the hearing officer's decision. If after the hearing or appeal, if any, it is found that the user has violated reporting or discharge requirements, pursuant to this chapter or an industrial user permit, the hearing officer or board may assess a civil penalty against the user.
13.08.440 Termination of service.
(A) The Director may suspend wastewater treatment service to any user if the user is in violation of any provision of this chapter or of applicable state or federal regulations. In the event the user fails to comply voluntarily with an administrative order, the city shall take such steps as deemed necessary, including, but not limited to, the immediate severance of the user's sewer service, revocation of the industrial user discharge permit and/or termination of water service, to prevent or minimize damage to the city's collection system, POTW and/or endangerment to any individuals or the environment. The city shall reinstate the industrial user discharge permit and service upon proof that the violation(s) have been corrected and payment of reconnection fees. All costs for the termination and/or reconnection of services shall be borne by the industrial user. (B) Violations subjecting an industrial user to revocation of its permit include, but are not limited to, the following:
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(1) Failure of the user to accurately report the constituents and concentrations of its wastewater discharges;
(2) Failure of the user to report significant changes in operation and/or significant changes in wastewater constituents and concentrations;
(3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;
(4) Violation of conditions of an industrial user's permit; (5) Failure to comply with any administrative order issued by the Director pursuant to this chapter;
(6) Failure of the user to comply with any provision of this chapter.
13.08.450 Publication notice.
A list of all users who are found to be in significant violation of this chapter in the previous 12 months shall be published at least annually in the largest daily newspaper in the city, in accordance with 40 CFR 403.8(f)(2)(viii).
13.08.460 Civil penalties.
Any user who violates this chapter, any order or wastewater discharge permit issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a civil penalty of no less than $1,000 and no more than $25,000 per day for each violation, in accordance with Cal. Gov't Code § 54740 and 40 CFR 403.8. The Director shall petition the superior court to impose, assess and recover these sums. In determining the amount of the civil penalty, the court will 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 user. Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user. No liability shall be recoverable under this section for any violation for which liability is recovered under § 13.08.465.
13.08.465 Departmental penalties.
(A) Any user who is found to have violated any provision of this chapter, any order or wastewater discharge permit issued hereunder, or any other pretreatment standard or requirement shall be liable to the city as follows:
(1) For failing or refusing to furnish technical or monitoring reports, a maximum of $2,000 for each day;
(2) For failing or refusing to timely comply with any compliance schedule established by the city, a maximum of $3,000 for each day;
(3) For discharges in violation of any waste discharge limitation, permit condition or requirement issued, reissued or adopted by the city, a maximum of $5,000 for each day; CA\JR\06000.30002\10260801.1
(4) For discharges in violation of any suspension, cease and desist order or other orders or prohibition issued, reissued or adopted by the city, a maximum of $10 per gallon. (B) The Director may issue an administrative complaint to any person violating city requirements as described in subsection (A) of this section. The complaint shall allege the act or failure to act that constitutes the violation of city requirements, the provisions of law authorizing liability to be imposed and the proposed penalty. The complaint shall be served by personal delivery or certified mail and shall inform the person served that the Director shall conduct a hearing within 60 days after service. The person served may waive the right to a hearing.
(C) A person dissatisfied with the decision of the Director may file a written appeal to the City Council within 30 days of notice of the Director's decision. A fee of $100 must accompany the written appeal to the City Council and shall be submitted to the City Clerk.
The written appeal shall be heard by the City Council within 30 days from the date of filing. The City Council shall make a final ruling on the appeal within 45 days from the date of filing. If after the hearing or appeal, if any, it is found that the person has violated reporting or discharge requirements, the Director or City Council may assess a penalty against that person in accordance with subsection (A) of this section. In determining the amount of the penalty, the Director or City Council 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 discharger.
(D) Unless appealed, orders setting penalties under this section shall become effective and final upon issuance, and payment shall be made within 30 days. Copies of the orders shall be served as described above on the user and upon other persons who appeared at the hearing and requested a copy.
(E) The amount of any penalties imposed under this section which have remained delinquent for a period of 60 days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the penalty.
Unpaid penalties shall, after 30 days, be assessed a collection charge of 10% to reimburse the city for its reasonable costs of collecting the overdue penalties. (F) Issuance of a penalty pursuant to this section shall not be a prerequisite for taking any other action against a user. No liability shall be recoverable under this section for any violation for which liability is recovered under § 13.08.460.
13.08.470 Use of collected fees, fines and penalties.
All fees for industrial user permits, inspections and monitoring, and all fines and penalties derived pursuant to provisions of this chapter shall be used only for the administration and operation of the city's pretreatment program and enforcement response plan.
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13.08.480 Criminal penalties.
Any user who willfully violates any provision of this chapter, an industrial user permit condition, administrative order or prohibition is guilty of a misdemeanor, which upon conviction is punishable by a fine of at least $1,000, up to $10,000 per violation per day, or by imprisonment for a period of not more than one year, or by both such fine and imprisonment. Each such user shall be deemed guilty of a separate offense for every day during any portion of which any violation of this chapter or of an industrial user permit is committed, continued or permitted by such user, and shall be punishable therefor as provided by this section. Issuance of a criminal penalty shall not be a prerequisite for taking any other action against the user or relieve the user of liability for any violation, including any continuing violation.
13.08.490 Legal action.
(A) If any user discharges wastewater into the city's collection system or POTW contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the City Attorney may commence an action for appropriate legal, equitable or injunctive relief in a court of proper jurisdiction. (B) In addition to the penalties provided herein, the city may recover reasonable attorneys’ fees, court costs, court reporter's fees and other costs from the user found to have violated any of the provisions of this chapter, or the orders, rules, regulations and permits issued under this chapter.
(C) Furthermore, all of the remedies set forth in this chapter are cumulative of any other remedies available to the city, and are not intended to limit the city's legal or equitable remedies.
13.08.495 Administrative penalties.
In addition to any other penalties or enforcement actions set forth in this chapter or provided by law, any enforcement officer, upon a determination that a violation of any part of this chapter has occurred, shall have the authority to issue an administrative citation to any responsible person, pursuant to the procedures set forth in Chapter 1.08. of this code.
Use of the administrative citation procedure in Chapter 1.08 with respect to violations of this chapter shall be at the sole discretion of the city.
13.08.500 Cost recovery.
All persons found to be in violation of this chapter shall be liable to the city for all costs involved to resolve the violation(s), including a 90% administrative fee of the city's costs, in addition to all fines and penalties.
13.08.510 Damage to facilities or interruption of normal operations.
When a discharge of wastes causes an obstruction, damage, interference or any other impairment to the city's collection system or POTW, the Director may assess a charge, including administrative costs attributable thereto, against the discharger for the work required to clean, repair and/or resume normal operations. A 90% administrative fee shall CA\JR\06000.30002\10260801.1
be added to the direct charges. The charges shall be payable within 30 days of receipt of invoice by the user.
13.08.520 Notice.
Unless otherwise specifically provided, all notices required hereunder shall be given in writing and served by messenger or by first class, registered or certified mail. Notice shall be deemed received as follows, depending upon the method of transmittal:
(A) By messenger, as of the date delivered; and
(B) By United States mail, as of 72 hours after deposit in the United States mail.
13.08.530 Falsifying information.
It shall be unlawful for any person to knowingly make any false statement, representation, record, report plan or other document filed with the city, or to tamper with or knowingly render inaccurate monitoring devices or methods required under this chapter.
13.08.540 Written responses.
All users required to provide a written response to any correspondence from the Director shall do so in accordance with the date specified in the correspondence. Failure to provide the written response by the date requested shall constitute a violation of this chapter.
13.08.550 Time limits.
Any time provided in any written notice or any provision of this chapter may be extended only by a written directive of the Director and upon a showing of good cause.
13.08.560 Appeals.
Any user affected by any administrative order, decision, action or enforcement action, other than an administrative penalty decision as described in § 13.08.465, may file with the Director a written appeal for reconsideration within ten days from receipt of the notice.
The user shall state, in detail, the facts supporting the user's request for reconsideration.
The Director shall render a decision on the request for reconsideration to the user, in writing, within ten days of receipt of written appeal. The user may, within ten days after notification of the Director's decision, file a written appeal with the City Council. A fee of $100 must accompany the written appeal to the City Council, and should be submitted to the City Clerk. The written appeal shall be heard by the City Council within 30 days from the date of filing. The City Council shall make a final ruling on the appeal within 45 days from the date of filing.
13.08.570 Invalidity.
If any provision of this chapter or the application thereof to any user or circumstance is held invalid, the remainder of this chapter and the application of such provision to other users or circumstances shall not be affected thereby.
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13.08.580 Interjurisdictional agreements.
In the event another jurisdiction or municipality contributes wastewater to the city's POTW, the city shall require such jurisdiction or municipality to enter into an interjurisdictional agreement.
(A) Prior to entering into an agreement as required above, the Director shall require the following information from the contributing jurisdiction:
(1) A description of the quality and volume of the wastewater at point(s) where it enters the POTW from the contributing jurisdiction;
(2) An inventory of all industrial users discharging to the POTW within the contributing jurisdiction;
(3) Such other information as may be required by the Director. (B) An interjurisdictional agreement as required above shall contain the following conditions:
(1) The contributing jurisdiction must adopt a sewer use ordinance at least as stringent as this chapter, as then current. Such ordinance and limits must be revised as necessary to reflect changes made to this chapter;
(2) The contributing jurisdiction must submit a revised industrial user inventory on at least an annual basis;
(3) The contributing jurisdiction must:
(a) Conduct pretreatment implementation activities, including industrial user permit issuance, inspection and sampling and enforcement; or
(b) Authorize the city to take or conduct such activities on its behalf.
13.08.590 Surcharge costs.
(A) The city may adopt industrial waste surcharge rates for the following conventional parameters:
(1) Biochemical oxygen demand (BOD);
(2) Total suspended solids (TSS);
(3) Total oil and grease (TOG).
(B) Industrial waste surcharge rates will be based on the POTW' s treatment cost and shall be adopted by ordinance or resolution of the City Council.
13.08.600 Disposition of funds – Sewer service funds established.
All funds and moneys received from the collection of sewer service charges established by the Schedule of Sewer/User Service Fees and the Schedule of Sewer Development Fees shall be deposited with the City Treasurer, who shall establish and maintain a CA\JR\06000.30002\10260801.1
separate fund and account to be known as “The Sewer Service Fund.” The money of such fund may be used for the retirement of sewer bonds, and for payment of interest thereon, and for the acquisition, operation, maintenance, construction and reconstruction of the sewerage system; provided, however, that such revenue shall not be used for the acquisition or construction of new local street sewers or lateral pipelines, as distinguished from the main trunk, interceptor and outfall sewer pipelines.
13.08.610 Collection of charges by Finance Department.
It shall be the duty of the Finance Department of the city, on behalf of the City Treasurer, to collect all charges provided for in the Schedule of Sewer Users/Service Fees, Citywide Master Fee Recovery Schedule and the Schedule of Sewer Development Fees.
13.08.620 Billing and payment procedures.
Where possible, the charges fixed by the Schedule of Sewer User/Service Fees and Citywide Master Fee Recovery Schedule shall be collected concurrently with the charges for water service fixed by the city to such premises, and the charges fixed by the Schedule of Sewer User/Service Fees and Citywide Master Fee Recovery Schedule shall be billed on the same invoice that is prepared for charges for water service, and shall be due and payable at the same time that such charges for water service are due and payable.
13.08.630 Rates to be paid for sewer service charges.
Every person or entity whose premises or property in the city is served by a city sewer connection, whereby the sewage or industrial wastes, or either or both, are disposed of by the city through a sewage treatment plant or otherwise shall pay a sewer service charge. These charges are set forth in the Schedule of Sewer User/Service Fees.
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EXHIBIT “B”
CHAPTER 13.12
SEWER CONNECTIONS
Sections
13.12.010 Purpose.
13.12.020 Definitions.
13.12.030 References include amendments.
13.12.040 Delegation of powers.
13.12.050 House laterals, sewers - Maintenance.
13.12.060 Duty designated.
13.12.070 Permit - Required.
13.12.080 Permit - Application - Form.
13.12.090 Permit - Application - Consideration.
13.12.100 Charge - Sewer construction.
13.12.110 Property located in reimbursement district.
13.12.115 Corona sewer service to the ‘Green River Area.’
13.12.120 Charge - Payment prerequisite to permit issuance.
13.12.125 Charge for increased sewer capacity; Transfer of interim sewer capacity.
13.12.130 Credit for previous connection.
13.12.140 Deposit - Use of funds.
13.12.150 Records.
13.12.160 Reimbursement.
13.12.170 Charges nonexclusive.
13.12.180 Construction - Standards.
13.12.190 Construction - City ownership.
13.12.200 Enforcement - Appeal.
13.12.210 Enforcement - Authority.
13.12.220 Violation - Penalty.
13.12.010 Purpose.
The purpose of this chapter is to provide for a fair and equitable schedule of charges for services and facilities furnished by the city sewerage system, to provide for the procurement of a permit from the Director of Utilities for making connections with the public sewers and to establish a sewer assessments fund into which these charges may be deposited and from which moneys will be available for the purpose of defraying the cost of replacement and expansion of the sewerage system and sewage disposal plant of the city.
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13.12.020 Definitions.
The following definitions shall govern the construction of this chapter and any permits issued thereunder unless otherwise apparent from the context. Singular includes plural, and the plural includes the singular.
"Assessment district" is any subdivision of territory in which a separate assessment of taxable property is made over and above general assessments made on the city in general.
"Building" is any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
"Building Official" is the officer or other designated authority charged with the administration and enforcement of the Uniform Building Code and the Uniform Building Code Standards or the Building Official’s duly authorized representative. "City sewerage system" refers to those pipelines, plant facilities and appurtenances constructed, maintained and operated by the city or constructed by others but owned by the city primarily for the collection of sewage and the conveyance thereof to the sewage treatment plant for the treatment of sewage.
"City Treasurer" refers to the City Treasurer of the City of Corona. "Connection charge" is a charge to be imposed upon an applicant for a permit to connect to the city sewerage system and shall be imposed where specified in addition to any construction charge imposed.
"Construction charge” is a charge to be imposed upon any applicant for a permit to connect property with the city sewerage system to cover the cost of a fair and proportionate share of those sewer lines and appurtenances that are in place and benefit the property being connected.
"Director" means the Director of Utilities of the Utilities Department of the City of Corona, California, or his or her his or her designee or any other designated city employee responsible for administration of the Utilities Department. "Discharge flow rate" is the rate of flow of sewage to be discharged to the sewer. "Domestic sewage" is the water-borne wastes derived from the ordinary living processes and of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private sewage disposal system. "Dwelling" means any structure used for human habitation. "Habitation" means "dwelling."
"Industrial waste" means any and all waste substances, liquid or solid, except domestic sewage from any producing, manufacturing or processing operation of whatever nature.
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“Interim sewer capacity” shall mean the sewer capacity purchased by a non-profit organization for use at an interim use facility over and above the sewer capacity associated with that facility as determined by the city. “Interim use facility” shall mean any building or structure, and related appurtenances thereto, used by a non-profit organization for a temporary purpose pending a permanent location within the city.
"Lot" means any piece or parcel of land bounded, defined or shown upon a plat or deed recorded in the office of the County Recorder of Riverside County, California, and in accordance with the boundaries of such lot as bounded, defined or shown upon such recorded map, plat or deed; provided, however, that in the event any building or structure covers more area than one "lot" as defined in division (M), the term "lot" includes such pieces or parcel of land upon which the buildings are wholly or partly located. "Masculine" includes the feminine and neuter.
“Non-profit organization” shall mean any organization which is exempt from federal income tax pursuant to Internal Revenue Code of 1986 § 501(c), as amended from time to time.
“Non-profit property” shall mean that portion of real property operated by a nonprofit organization for any purpose which would qualify the non-profit organization as an exempt organization pursuant to Internal Revenue Code of 1986 § 501(c), as amended from time to time.
"Parcel" has the same definition as "lot."
"Plumbing permit" is any permit required by the ordinances of the city for the installation of plumbing.
"Processing waste" means processing industrial waste.
"Property" has the same definition as "lot."
"Public sewer" means a main line sanitary sewer dedicated to public use. "Sewage" means any water-borne or liquid wastes, including domestic sewage and industrial waste, but does not include or mean stormwater, groundwater, roof or yard drainage.
"Shall," whenever used, is mandatory and "may" is permissive. "Structure" means any building or improvement artificially built up or composed of parts joined together in some definite manner, including, but not limited to, dwellings, commercial structures, industrial structures, schools, churches or hotels and shall include any detached subordinate structure located on the same lot as the main structure, the use of which is customarily incidental to that permitted in the main structure or to the land upon which the main structure is located, including, but not limited to, laundry rooms, CA\JR\06000.30002\10260801.1
garages, hobby shops, guesthouses and swimming pools connected to the building sewer.
"Water Reclamation Capacity Fund" is a special fund created by the City Council, the funds of which shall be used only for the purpose of expansion of the city sewerage system.
13.12.030 References include amendments.
Whenever reference is made to any portion of this chapter, such reference applies to all amendments and deletions thereto now or hereafter made.
13.12.040 Delegation of powers.
Whenever a power is granted to or a duty is imposed upon the Director or other city officer by provisions of this chapter, the power may be exercised or the duty may be performed by a deputy of the officer or a person authorized pursuant to law by the officer, unless this chapter expressly provides otherwise.
13.12.050 House laterals, sewers - Maintenance.
All house laterals, industrial connection sewers and appurtenances thereto now existing or hereafter constructed shall be maintained by the owner of the property served in a safe and sanitary condition and all devices or safeguards which are required by this chapter for the operation thereof shall be maintained in good working order.
13.12.060 Duty designated.
(A) All plumbing affecting the sanitary condition of any building or structure shall be connected to a public sewer, if such sewer is located within a public street, alley or rightof-way on which the property containing the building or structure abuts and if such sewer is within 200 feet of such property.
(B) Except as is provided in divisions (C) and (D) of this section, it is unlawful for any person, firm or corporation to erect, construct or maintain any cesspool, septic tank or other individual sewage disposal system upon any property within the above distance from the public sewer.
(C) Upon any property where an individual disposal system has been maintained prior to the construction of such public sewer, the owner or occupant thereof shall not be required to connect with the public sewer so long as the cesspool or septic tank is sufficient and adequate as determined by the Building Official in accordance with proper sanitation practices.
(D) The requirements of divisions (A) and (B) of this section shall not be construed to prevent an applicant attempting, pursuant to Chapter 18.04, to pre-qualify a residential improvement to be located as set forth in division (A) of this section from doing the following:
(1) Installing sewer facilities for eventual connection to the public sewer system when the Director requires such connection; and
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(2) Installing an acceptable individual sewage disposal system for temporary use until the Director requires connection to the public sewer system. The Director shall require connection to the public sewer system as soon as practicable after adequate capacity to treat such sewage becomes available and all temporary use of individual disposal systems permitted under this subsection
13.12.070 Permit - Required.
It is unlawful for any person, firm or corporation to connect any property with any public sewer or increase the number of plumbing fixtures on any property without first obtaining a permit from the Director as provided in this chapter.
13.12.080 Permit - Application - Form.
Any person, firm or corporation desiring a permit to connect property with a public sewer shall make application therefor to the Director and concurrently with the issuance of the permit shall pay the construction and connection charge in the amounts computed as provided in this chapter. The application for the permit shall be in writing on a form provided by the Director and shall contain a correct legal description of land which is to be included in the permit.
13.12.090 Permit - Application - Consideration.
(A) The Director shall consider each application and determine whether the public sewer is of such capacity and construction that the desired connection may be made in accordance with the proper engineering and construction practices and whether the property has been assessed or the owner of the property has contributed to the cost of construction of the sewer.
(B) No charge or fee for the construction of the sewer shall be charged if the Director determines that:
(1) The land is part of an assessment district upon which the cost of construction of the sewer was assessed according to benefits derived from the construction of the sewer as a local or district sewer as distinguished from an outfall sewer; (2) The owner of the land, or his or her predecessor in interest, constructed the sewer or contributed to the cost of its construction.
13.12.100 Charge - Sewer construction.
If the Director has determined the property described in the application for a permit has not been assessed the proportionate cost of the public sewer, or the owner of the property, or his or her predecessor in interest, has not paid for the construction of the public sewer, as stated in § 13.12.090(B)(2), the applicant shall pay a construction charge to the city, of which the amount an manner and time of payment shall be as established by resolution of the City Council or any amendments thereto. Any person proposing to connect to the public sewer for the use of any building or structure proposed to be constructed by the person shall pay in full the construction charge prior to a building permit CA\JR\06000.30002\10260801.1
being issued to the person for the construction of the building or structure, except as otherwise provided in a payment plan entered into by the applicant and the city.
13.12.110 Property located in reimbursement district.
Whenever the Director finds that the property described in the application lies within a reimbursement district, formed by the city for the purpose of collecting a fee from the owners of property connecting to a sewer constructed by a subdivider that can or will be used by property outside of his or her subdivision and for which the city has reimbursed or has agreed to reimburse such subdivider, as provided in Business and Professions Code § 11544, the charge shall be based on a frontage or area rate established by the Director on the basis of the actual cost of construction of the sewer plus 10%. In no case shall the charge as provided in this section be less than $100.
13.12.115 Corona sewer service to the ‘Green River Area.’ (A) The city’s sewer service to the ‘Green River Area’ shall be governed by the provisions of the August 5, 1987Agreement between the City of Corona and the Western Municipal Water District of Riverside County entitled “Agreement Re Water and Sewer Service in the Green River Area.” It is understood that the provisions of this Agreement are limited in their application to the “Green River Area” as defined therein. (B) Day-to-day operations shall be governed by Corona’s Sewer Rules and Regulations. Pursuant to Resolution No. 83-55; any change in sewer rates may be implemented by resolution.
(C) Any other issues that arise in the “Green River Area” that are not covered by that Agreement shall be governed by the Sewer Rules and Regulations of the City of Corona and any ordinances and resolutions pertaining thereto.
(D) If the regulations, ordinances or resolutions are in conflict with the Agreement, the provisions of the Agreement are controlling.
13.12.120 Charge – Payment prerequisite to permit issuance.
No applicant for permit to connect to the City's public sewer shall be granted a permit for such connection until he or she has paid a sewer connection charge of which the amount, manner and time of payment shall be established pursuant to law by the City Council and any amendments thereto. Any person proposing to connect to the public sewer for the use of any building or structure proposed to be constructed by the person shall pay the sewer connection charge prior to a building permit being issued to the person for the construction of the building or structure, except as otherwise provided in a payment plan entered into by the applicant and the city.
13.12.125 Charge for increased sewer capacity; Transfer of interim sewer capacity. (A) Increased sewer capacity. If the city determines that an existing sewer customer is discharging a greater volume of wastewater into the city's sewer system than the customer has rights to discharge, the city shall impose a charge for increased sewer capacity, in an amount established by resolution or ordinance of the City Council. The CA\JR\06000.30002\10260801.1
charge shall be sufficient to provide for the sewer capacity actually used by the customer. The Director may provide for delayed payment of the sewer capacity charge if customer is eligible for a payment plan described in § 13.14.060. (B) Transfer of interim sewer capacity. Subject to the prior written approval of the Director, a non-profit organization shall be permitted to transfer interim sewer capacity purchased for an interim use facility, along with any associated payment plan entered into by the non-profit organization pursuant to § 13.14.060 for such interim sewer capacity, to the non-profit organization’s non-profit property at such time that the non-profit organization ceases use of the interim use facility. The sewer capacity for the real property upon which the interim use facility is located that existed prior to the non-profit organization’s purchase of interim sewer capacity shall remain with that property. In the event the non-profit organization’s non-profit property requires less sewer capacity than that which was purchased for the interim use facility and transferred to the non-profit property, the non-profit organization shall not be entitled to reimbursement of any amounts paid in excess of the sewer capacity required for the non-profit property.
13.12.130 Credit for previous connection.
Where a structure is constructed on a parcel of ground which formerly contained a structure which had been connected to the city sewerage system or where plumbing fixtures are being added in an existing structure, a credit toward the connection charge based upon fixture unit charges as specified in this chapter shall be allowed as determined by the Director.
13.12.140 Deposit - Use of funds.
The money collected under this chapter shall be deposited in a special fund to be known as the Water Reclamation Capacity Fund of the city and shall be used only for the purpose of expansion of the sewage disposal system of the city.
13.12.150 Records.
The Director shall keep a permanent record of all applications and a permanent and accurate account of all payments received under this chapter.
13.12.160 Reimbursement.
(A) When the city has formed a reimbursement district, as provided in Business and Professions Code § 11544, the Director shall, before the work included in such district is accepted, determine the cost therefor and prorate this cost against all of the land which, in his or her opinion, will ultimately benefit from the work. The proration shall be based upon frontage or such other method as, in the opinion of the Director, will provide an equitable sharing of cost.
(B) The Director 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 Director 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.
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(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; provided, however, the reimbursement shall not be paid to a subdivider, as defined in Business and Professions Code § 11508, for a period greater than ten years, commencing on the date the subject sewer construction has been accepted by the city and not for a period greater than 30 years to a school district, commencing on the date the subject sewer construction has been accepted as completed by the city. Any person entitled to receive reimbursement under the provisions of this section shall keep his or her correct mailing address on file with the Director. In the event the Director is unable to locate any person entitled to receive reimbursement, he or she shall send a written notice to that person by registered mail to the last address filed with the Director 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 or her 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 division (C) of this section shall be paid as previously provided to other persons who may be entitled to receive the reimbursement by reason of succession to reimbursement rights. If any money is available for reimbursement and remains unclaimed for one year after the date of the notice, and no other person is entitled to receive it, this money shall be paid into the Water Reclamation Capacity 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 Director on a form for transfer to be furnished by the Director.
(E) Any person, firm or corporation entitled to receive reimbursement pursuant to ordinances repealed by this chapter shall continue to be entitled to same as provided therefor in such ordinance.
13.12.170 Charges nonexclusive.
Payment of sewer construction and sewer connection charges does not exempt the applicant from fees required pursuant to other chapters of this code for inspections and other permits.
13.12.180 Construction - Standards.
The material used shall be equal in quality to and the manner of construction shall meet all the requirements prescribed by the specifications for public sewers in the city as may be adopted from time to time by the City Council.
13.12.190 Construction - City ownership.
Every sanitary sewer constructed in any public street, alley, way, right-of-way or other public place by anyone with the permission of the city shall, upon acceptance of the construction by the city, become the property of the city.
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13.12.200 Enforcement – Appeal.
Any order, requirement, decision, determination, interpretation or ruling made by the Director in the administration or enforcement of this chapter may be appealed therefrom to the City Council by any owner or person aggrieved thereby. The appeal shall be filed in the office of the City Clerk within 15 days after the rendition in writing of the decision or determination appealed from. If the appeal is not filed within the time period, it shall be dismissed by the City Council. The appeal shall be filed in writing and must set forth specifically wherein there was some error or abuse of discretion by the Director. Upon hearing the appeal, the City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify in whole or in part the order, requirement, decision, determination or interpretation appealed from or make and substitute such other additional decisions or determination as it may find warranted under the provisions of this chapter.
13.12.210 Enforcement – Authority.
The Director shall enforce all provisions of this chapter and for such purpose shall have the powers of a peace officer. The powers shall not limit or otherwise affect the powers and duties of the City Attorney.
13.12.220 Violation – Penalty.
Every person violating any provision of this chapter or any condition or limitation of permit issued pursuant thereto is guilty of a misdemeanor.
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EXHIBIT “C”
CHAPTER 13.14
WATER AND SEWER REGULATIONS
Sections:
13.14.010 Definitions.
13.14.020 Utilities Department.
13.14.030 Service area.
13.14.040 Rates and ready to serve charge.
13.14.050 New construction and connection fees - rates.
13.14.060 Payment plan options.
13.14.070 Line size and refund agreements.
13.14.080 Conditions of service.
13.14.090 Service connections.
13.14.100 Billing, delinquency and penalties.
13.14.110 Disputed bills.
13.14.120 Use of water prior to application for service.
13.14.130 Voluntary shutoffs and restoration of service.
13.14.140 Use of fire hydrants.
13.14.150 Water jumper service.
13.14.160 Water conservation.
13.14.170 Water theft
13.14.010 Definitions.
As used in this chapter, the following words and phrases shall have the meanings set forth below:
“Apartment House” means any building containing three or more dwelling units with separate plumbing facilities, but not including any building commonly known as a hotel, motel, or auto court.
“Applicant” means a person, persons, firm, association, government agency, corporation or other concern who indicates a desire to obtain water and/or sewer service from the Department.
“City” means City of Corona, California, its officials, all departments and all employees of the city.
“City Council” means the City Council of the City of Corona.
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“Costs” means the total labor, materials, supplies, transportation expenses, supervision, inspection, engineering and other overhead. “Customer” means the person, persons, firm, association, government agency, corporation or other concern responsible for payment of water and/or sewer billings from the Department.
“Department” means the Utilities Department of the City of Corona and its employees.
“Development fee for water system improvements” shall mean a fee to improve existing water facilities or construct new water facilities such as pipelines, reservoirs, booster pump stations, treatment facilities, wells, and other sources of water. “Director” means the duly appointed Director of Utilities of the Utilities Department of the City of Corona or other designated city employee responsible for administration of the Department.
“Dwelling unit” means a suite of one or more rooms which is occupied or intended to be occupied by one person or one family.
“Frontage” means the portions of a parcel abutting a public or approved private rightof-way. “Non-profit organization” means an organization or entity which has received recognition of tax-exempt status from the Internal Revenue Service, and/or the State of California Franchise Tax Board, and which maintains in good standing its tax-exempt status, and/or a corporation organized and existing under the California Corporations Code, §§ 5000 et seq., as it may be amended.
“Premises” refers to and includes a lot or parcel of land, a building or an establishment.
“Property” means a parcel of real property of record as shown in the County Assessor's maps on file in the Community Development Department of the City of Corona.
“Rooming house” means any building other than apartment houses, motels, hotels or auto courts, where two or more rooms are rented to others for lodging purposes by the person in charge of such a building.
“Service” means the provision of water service to premises in the city. “Service call” means the generation of a service order to disconnect, reconnect, reread, repair, or otherwise maintain the meter at the service address. “Service connections” means the tapping of water mains and the laying of pipes from the main to the curb-line, and the setting of the meter and meter vault.
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“Sewage” means any water-borne or liquid wastes, including domestic sewage and industrial waste, but does not include or mean stormwater, groundwater, roof or yard drainage.
“Tamper” or “tampering" means to rearrange, injure, alter, interfere with, or otherwise prevent from performing a normal or customary function and includes all of the following:
(1) Breaking, picking or damaging cut-off locks or any other lock or plug that has been placed by the Department on a customer’s meter.
(2) Bypassing a meter in any way.
(3) Opening valves at the curb or meters that have been turned off by the City. (4) Removing, disabling or adjusting meter registers or otherwise preventing a meter or other device used in determining the charge for services, from accurately performing its measuring function.
(5) Moving a meter or extending service without permission of the Department. “Unauthorized use” means and includes all of the following:
(1) The use of water from a stationary service connection where service has been discontinued.
(2) The use of water from a public fire hydrant to supply water outside of the City service area, regardless of whether payment is provided to the City for the water drawn from the public fire hydrant.
(3) Any use of a hydrant meter in violation of the terms and conditions of a construction water meter permit.
(4) Any connection or reconnection to property or facilities owned or used by the City to provide service without the authorization or consent of the Department. “Water theft” means and includes all of the following:
(1) The use, diversion, receipt, or taking of City water by any means from any public fire hydrant, blow-off valve, water main, water service lateral, or other City facility or connection to a City facility to which a City authorized metering device has not been installed or has been removed by the City.
(2) The use, diversion, receipt, or taking of City water by any means without paying the full and lawful City charges for such water.
(3) The tampering with any property or facilities owned or used by the City to provide service or unauthorized use, or by tampering with a service connection or bypassing a meter, or by making an unauthorized connection to any City facilities or any public fire hydrant.
13.14.020 Utilities Department.
The Department shall make every reasonable effort to provide the city with a continuous and adequate supply of safe and potable water as well as an efficient disposal of sewage.
The Director is responsible for the efficient and safe operation and management of the Department, its facilities and employees.
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13.14.030 Service area.
Service shall be permitted to all areas within the city's sphere of influence upon application. The "Service Area for the City of Corona" is on file and available for inspection at the Department. Any changes to the service area shall be approved by the City Council prior to incorporating areas not currently in the service area being served by the Department.
13.14.040 Rates and ready to serve charge.
(A) Rates and Ready to Serve Charge. Water customers shall pay a Ready to Serve Charge (RTS), which is a fixed service charge paid by all users connected to the water system, whether or not any water is actually used, as well as commodity charges, which are based on the quantities of water used. The RTS and commodity charges shall be established by resolution or ordinance of the City Council. (B) Waiver of Charges for Damaged or Destroyed Structures. Notwithstanding the foregoing or any other provision of this code, the Director, or his or her designee, may waive any and all monthly service charges for water and sewer service, including, but not limited to, the RTS and commodity charges, for any residential or non-residential structures which have been damaged or destroyed, so as to render them uninhabitable, by a natural disaster. If a parcel has multiple structures, the waiver shall apply only to service to the damaged or destroyed structures. This waiver may remain in effect until a particular structure has been reconstructed or rehabilitated and is fit for occupancy, provided that no waiver shall remain in effect for a period longer than one year. No waiver granted pursuant to this section shall affect a customer's other financial obligations to the city, and the city shall not make up for any revenue lost due to a waiver under this section by increasing fees or charges for any customer. The Department shall provide notice to all customers for whom a waiver has been approved, indicating the maximum duration of the waiver and the criteria for resumption of the monthly sewer and water charges.
13.14.050 New construction and connection fees - rates. (A) (1) New water service fees. Every applicant for new water service shall pay to the Department, before such application is accepted unless a Payment Plan has been approved by the city as described in § 13.14.060, the sum of the following charges:
(a) New water meter setup and installation fee.
(b) Meter fee.
(c) Development fee for water system improvements.
(d) Frontage fee reimbursement, if required by §13.14.070(B). (e) Jumper fee as set forth in §13.14.150.
(2) These fees and charges shall not be deemed to be for the purchase of any facilities or equipment, and are not refundable. The fees set forth in divisions (c),(d) and CA\JR\06000.30002\10260801.1
(e) above shall not be required if previously paid for the property and service being provided.
(3) Any person proposing to install any water meter or obtain a water service connection for use in constructing any building or structure shall pay the above listed construction/connection fees in full prior to a building permit being issued for the construction of such building or structure.
(B) New water meter setup and installation fee. Any applicant for new water service shall be required to pay a fee to cover the cost to the city for establishing the records for the new meter installation and installation of the meter. This fee shall be collected at the time of application regardless of actual date of service. The fee for this service shall be established by resolution of the City Council.
(C) Meter fee. Any applicant for water service shall pay, at the time of filing the application, a meter fee equal to the actual cost paid by the Department. .The fee for this service shall be established by resolution of the City Council. Nothing in this section, including the applicant’s payment of fees, shall be construed as selling a meter to a customer. The Department owns all meters and appurtenances. (D) Reduce meter size or relocate meter to an existing service. Any applicant desiring to downgrade the size of a meter or relocate a meter for an existing service shall first pay, at the time of application, a fee as established by resolution of the City Council, to cover the city’s cost to determine if it is feasible to downgrade the meter size or relocate the meter.
(E) Water meter upgrades/downgrades. Any applicant requesting to upgrade or downgrade a meter size shall pay, at the time of application, a water meter upgrade/downgrade fee, in addition to a meter installation fee, a meter box installation fee or both, as applicable. If the service requested in any application seeks or requires the city to connect a requested water meter to an existing water main by tapping the main and running a service line from that main to the meter location, applicant shall pay a fee for each such connection in an amount established by resolution of the City Council. . (F) Water supply fee for water system improvements. It is hereby found by the City Council that the prospective development in the city by construction of residential, commercial and manufacturing structures and buildings and the occupancy thereof, will cause the Department to incur costs estimated to be $70,000,000 to provide the necessary water reservoir facilities, pipelines, booster stations, wells and other sources of water to serve such new development. It is further found that equity and proper fiscal management of the Department require that such additional water system improvements as caused by such future development be financed in part by those persons constructing and using such buildings. Based on the foregoing, any applicant for new water service shall pay a water supply fee for water system improvements in an amount established by resolution or ordinance of the City Council at the time of application. (G) Frontage fee reimbursement. All applicants for new water service shall pay a frontage fee reimbursement if required by § 13.14.070(B).
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(G) Sewer charges. Every applicant for sewer service shall pay the applicable charges and fees established by the City Council and/or Department, including but not limited to those set forth in Chapter 13.12 of this code.(H) GIS utility updates. When new utility lines are installed for new development, applicants shall pay a fee established by resolution of the City Council to cover the cost to update the GIS database.
13.14.060 Payment plan options.
(A) Non-profit organizations, homeowners of single-family residential properties that are converting from septic systems to city sewer service, existing single-family residential properties connected to alternate water sources who desire to connect to city water service, and existing industrial customers who are utility customers in good standing who require additional sewer capacity (collectively, "eligible customers") shall be eligible for participation in a payment plan ("payment plan") for payment of fees described in § 13.14.050. With respect to non-profit organizations, payment plans shall be available only for that portion of real property owned by a non-profit organization that is used for non-profit purposes ("non-profit property").
(B) A non-profit organization applying for a payment plan, in addition to applying for any other permits required by city ordinance and/or resolution, shall file a verified statement with the Director stating the facts upon which the request for a payment plan is made, including the applicant's qualifications as a non-profit organization. Upon verification of the facts presented in the application, the Director shall grant the non-profit organization permission to enter into a payment plan with the city. For purposes of this section, any final decision made or opinion rendered by any federal or state administrative or judicial body determining that the applicant is a non-profit organization shall be deemed conclusive proof of facts constituting qualification as a non-profit organization. (C) If the Director approves the application for a payment plan, the Director and the eligible customer shall enter into an agreement outlining the terms and conditions of the payment plan, including the payment method and any other terms and conditions which are necessary to carry out the payment plan. The terms and conditions of the Payment Plan shall require payment of the total fees described in § 13.14.050 in equal installments constituting the principal and interest due and owing as of the execution of the payment plan agreement. The length of the term shall be determined by the Director, or his designee. Interest shall accrue on the principal amount at a rate determined by the city's Finance Director. The city shall have discretion to require, as part of the agreement with the applicant, the execution of a promissory note and the furnishing of a security interest in order to secure the obligation set forth in the payment plan agreement.
13.14.070 Line size and refund agreements.
(A) When a water main does not exist along the property footage to allow service connection, an applicant for new water service shall construct, at the applicant's expense, a water main to the city's standards along the entire property frontage to connect the property to be served with existing city transmission and distribution facilities. Upon completion and acceptance by the city, the constructed facility shall become the property of the city.
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(B) When an existing water main is inadequate under city standards to allow additional or expanded service connection thereto, the applicant for new or expanded water service shall construct, at the applicant's expense, a water main that satisfies city standards along the entire property frontage to the nearest facilities meeting city standards. Upon completion and acceptance by the city, the constructed facility shall become the property of the city.
(C) An applicant for new water service shall construct, at the applicant’s expense and in accordance with city standards, any service lines required to connect the water meter to an existing water main. Upon completion and acceptance by the city, the service lines shall become the property of the city.
(D) If requested by the applicant and approved by the Director, in his or her sole discretion, the city may complete the construction required by subsections (A) through (C) above, in which case the applicant shall pay the appropriate fee established by resolution of the City Council. Upon completion and acceptance by the city, the constructed facility shall become the property of the city. (E) When under subsection (A) or (B) an applicant constructs a main which will benefit others, the city may enter into a refund agreement with the applicant to refund the costs of such construction. The rate charged for such mains shall be a pro rata share of the actual cost per foot of such construction, or such other method as, in the opinion of the Director, will provide an equitable sharing of such costs. The refund agreement shall terminate upon repayment in full of applicant's costs or when 15 years have elapsed, whichever occurs first; provided, however, if applicant is a school district and it has entered into such a refund agreement, the term of the agreement shall be 30 years unless during this period the school district has received full repayment of its costs, upon which event the agreement shall terminate. The reimbursement agreement shall be filed with the city by the applicant within one year from the completion of the construction of the waterline.
13.14.080 Conditions of service.
(A) All applicants for service shall be deemed to have consented to receiving such service and agreed to comply with the rules and regulations of the Department. All applicants for water service shall be required to accept such conditions of pressure and service as are provided by the distribution system at the location of the proposed connection, shall provide devices to protect their water plumbing and equipment from damage due to high or low pressures, pressure conditions or interruptions of service, and shall agree to hold the city harmless from any damages arising out of either low or high pressure conditions or interruptions of service.
(B) Applicants may obtain service on an active service connection by contacting the Department by telephone or in person. If the applicant requests service be turned on less than one hour prior to the close of business, legal holidays excepted, the applicant shall pay an after-hours service fee. The after-hours service fee shall be established by resolution of the City Council.
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(C) All applicants shall be required to establish credit with the city by providing a social security number and/or tax identification number. The city will electronically verify this information with a third party agency for accuracy and fraud prevention. In the event that an applicant does not have a social security number or tax identification number, the applicant must present a passport and/or other official identification from his or her native country which will then be verified. Suspicious information will be reported to the Police Department for investigation. During the verification process credit will be checked to determine if a cash deposit equal to three times the average monthly bill shall be required from an applicant prior to the initiation of service based on the applicant's creditworthiness, pursuant to the Department's policies (D) If an existing service connection is found to be inactive at the time of application, which may include but not limited to, damages to the connection and/or replacement of the meter, an assessment will be made of the service connection and a fee will be charged on a time and material basis to recover the cost of reestablishing the service to an active status.
(E) A new account setup fee shall be charged to cover the cost of creating accounting and computer records, reading the meter and/or turning on the service and will be included on the first utility bill of all new accounts. If additional utility services, such as reclaimed water or electric, are also added, separate fees will be assessed for each service. The new account setup fee shall be established by resolution of the City Council. (F) Customers requiring a continuous water supply shall provide their own emergency storage of water.
(G) Except as provided in this chapter, each parcel, lot, or residential unit (including but not limited to single-family homes, condominiums, and apartments) must be provided with a separate service connection and city water meter, provided that the requirement for a separate connection and meter shall not apply to multi-family residential units for which a certificate of occupancy has been issued prior to February 4, 2009, or multi-family residential projects in which every unit is affordable to very low-income, low-income, and/or moderate-income households, as defined in affordability covenants that have been recorded for every unit or will be recorded prior to issuance of a certificate of occupancy.
Any violation of this requirement shall be sufficient cause for the Department to discontinue the service until the violation is corrected. In the event service is discontinued, a fee established by resolution of the City Council shall be paid in advance for reconnecting the service. Two or more houses under one ownership and on the same lot or parcel of land may be supplied service through the same meter; provided, however, that the Director shall have the right to limit the number of houses or the area of land under one ownership to be supplied by one service. Except for multi-family residential projects in which every unit is affordable to very low-income, low-income, and/or moderate-income households, as defined in, and as to which affordability covenants have been recorded for every unit or will be recorded prior to issuance of a certificate of occupancy, submetering of water service is prohibited for all units of housing for which a building permit is issued after February 4, 2009. The city may require the developer of any project wishing to make use of the separate meter exemption for affordable housing CA\JR\06000.30002\10260801.1
contained in this division to execute an agreement to record an affordability covenant for the affected units, and authorizing the city to withhold the issuance of a certificate of occupancy for any unit of housing for which the exemption has been granted but the affordability covenant has not yet been recorded.
(H) The department shall reserve the right to set and maintain a meter or any connection. The customer shall be held liable, however, for any damage to the meter due to negligence or carelessness, and particularly for damage caused by hot water or steam from the premises serviced.
(I) Except as provided in division (M) of this section, no person, firm, corporation or public agency shall make, install or maintain any physical connection between any private source of water supply and the city water supply.
(J) No one, except a city employee or an authorized representative of the Department, shall at any time or in any manner operate the curb-cocks or valves, main cocks, gates or valves of the city water system, or interfere with meters or their connections, or tap or otherwise interfere with mains, lines or other parts of the water system. (K) The Department shall not be obligated in any manner whatsoever for rental or any other charges of any nature by reason of the location or use of any part of its water or sewer facilities upon the premises of the user, including the location of meters, housing and connections thereupon.
(L) Upon being requested to provide any premises with service, the department shall, at all times thereafter until the service is discontinued and all water and/or sewer facilities are removed therefrom, be authorized to enter in, upon and across any such premises to install, repair, remove, relocate and service its said facilities or any part thereof located thereupon at any and all reasonable times, and to periodically at such times as it deems necessary, read the water meters located thereupon. Any restrictions of these rights shall be cause for immediate discontinuance of service to such property. (M) The Department shall reserve the right to refuse service to or to discontinue service to any customer when such service, in the opinion of the Director, will be detrimental to the city water system. The Department may require special devices and fittings for backflow prevention and cross-connection control to be installed on the customer's side of the meter at the customer's expense when required by law or when, in the opinion of the Director, such fittings or devices are necessary to prevent contamination of the city water supply, or when the absence of such devices or fittings may degrade the city water system in any way. Failure of the customer to pay for such special devices and fittings when required for existing services shall result in discontinuance of service to the property.
(N) Tampering, theft or damaging City owned equipment and devices is prohibited and the customer shall be subject to all charges associated with replacing or repairing the items in an amount established by resolution of the City Council.
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13.14.090 Service connections.
(A) The Department shall have the right to determine the size and location of service connections. Meters shall be set on public property.
(B) Each service connection shall be equipped with a curb-cock or valve on the inlet side of the meter. This valve or curb-cock shall be for the exclusive use of the Department in controlling the water supply through the service lateral. Should the curb-cock or valve be damaged by the customer's use to an extent requiring repair or replacement, such shall be made at the customer's expense. A gate valve or a ball valve shall be equipped on the outlet side of the meter for the customer's use. (C) The service connection extending from the water main to and including the meter shall be maintained by the Department, and all pipes and fixtures extending or lying beyond the meter including the gate valve or ball valve shall be installed and maintained by the customer.
(D) In addition to the charges set forth herein, any applicant for private fire protection service to provide water to sprinkler or other individually owned systems shall pay all costs of installing such service. All installations must effectively separate the fire protection system from the regular water service. All installations must include a double detector check valve assembly or other use indicating device acceptable to the department.
Double detector check valve assemblies that are providing fire service connections for automatic fire sprinkler systems shall be sized by a design engineer. All facilities installed pursuant to this section become the property of the Department. Water will be supplied only at such pressures as may be available from time to time as a result of normal system operations. Any use of fire protection water for other purposes shall be paid for at regular commodity rates; however such use is unauthorized and shall constitute grounds for discontinuance of fire service. All charges authorized by this section shall be established by ordinance or resolution of the City Council.
(E) When a temporary water service is requested, the applicant shall deposit the sum of money estimated by the city to be required to compensate the city for all water furnished during such period of temporary service. In addition to established charges for water, the applicant shall reimburse the city for all costs actually required in furnishing such service and all damages that may occur to the facilities.
13.14.100 Billing, delinquency and penalties.
(A) The rates and charges established for water service may be billed at regular intervals and as infrequently as bimonthly. All revised rates or charges shall first be billed under the next full billing cycle on or after the effective date of the City Council action revising the amounts. The Director or designee may collect all water rates and charges in behalf of the city, including sewer, refuse, emergency medical services subscription, as well as water rates.
(B) Water and sewer bills, including service and penalty charges, are due and payable upon deposit by city in the United States mail (“date billed”), and shall be delinquent 21 calendar days after the date billed, at which time a delinquent fee equal to 10% of the CA\JR\06000.30002\10260801.1
past due amount shall be assessed. The Department may discontinue water and sewer service for any delinquent accounts in accordance with the procedures set forth in Administrative Policy 03620.003 - Disconnection of Water and Sewer Service for Nonpayment. (C) If the city has made a service call to turn off the service for nonpayment of a delinquent bill, a Disconnection Fee - Water Turn On/Turn Off, as established by resolution of the City Council, will be charged. Additionally, a cash deposit equal to three times the average monthly bill may be required. If the service is turned off for such delinquency and it is requested that service be turned on less than one hour prior to the close of business, legal holidays excepted, the applicant shall pay an after-hours service fee. In the event that the current billing account has been closed, a new account setup fee will also be required. These fees shall be established by resolution of the City Council. (D) After the Department has turned the service off under this section and the service has subsequently been turned back on without the authorization of the Department, the Department may again turn off the service and remove the meter. Damages to the meter and/or service connections will be assessed and fees will be charged to recover the cost of replacing or repairing the damaged items.
(E) No service shall be restored until all delinquent rates, charges, fees, deposits, and penalties due at the time of the request for such restored service are paid in full. (F) If and when the customer pays an outstanding bill along with other rates or charges in a lump sum, and if the total amount billed and owed for all rates and charges by that customer exceeds the amount paid, the Director shall apply the amounts paid first to the emergency medical subscription, then to sewer, then to refuse, then to reclaimed water, then to electric, and finally to water rates and charges owed. (G) Notwithstanding any remedial procedure provided herein, the city may exercise any available legal or equitable remedy, including but not limited to court action, to recover all delinquent rates, charges, fees, and penalties.
(H) If the delinquency date or the shutoff date falls on Saturday, Sunday, or legal holiday, the delinquency, penalty or shutoff date shall be the next following city working day.
(I) If a water and/or sewer service customer fails to comply with any provision of this chapter, the Director shall have that service turned off pursuant to the procedures provided herein. However, the Director shall have the right upon request to grant reasonable extensions of time beyond the periods provided herein for payment of delinquent accounts or reverse any delinquent charge, Final Notice fee, Disconnection – Water Turn on/Turn off fee or deposit if, in his/her judgment, unusual circumstances, including but not limited to a customer's extreme financial difficulty, warrant such an extension of time or reversal. Such extension of time for payment, however, shall not eliminate the accrual of the penalty due or the Final Notice fee unless approved in advance by the Director .
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13.14.110 Disputed bills.
(A) Amount of use. If a customer disputes the amount of water actually used, the meter shall be read and an examination shall be made to determine if there are any leaks. If no leaks are found, then upon request of the customer, the meter shall be removed and be tested at variable rates of flow. The customer shall be notified of the time and place of such tests and may be present to witness such tests. If the average registration of said meter is more than two percent in excess of the actual quantity of water passing through the meter, the city shall refund to the customer the overcharge for the billing period contested. If the tests show that the meter registration is accurate within two percent or is registering less water than is actually passing through said mater, the customer shall pay the Meter Testing fee established by resolution of the City Council to cover the testing costs.
(B) Billing. If a customer asserts that a billing error has been made, staff shall be made available to check and confirm or correct the billed amount before service is turned off for nonpayment. Appropriate notification of this procedure as required by law shall be given to customers at the time notice of shutoff is given under § 13.14.100.
13.14.120 Use of water prior to application for service.
Any person, firm, corporation, or public agency taking possession of premises and using water from an active service connection without first having made application to the city for water service shall be liable for the water delivered from the date of the last recorded meter reading. If the meter is found inoperative, the quantity consumed will be estimated.
If proper application for water service is not made upon notification to do so by the city and if accumulated bills for service are not paid immediately, the service shall be discontinued by the department without further notice.
13.14.130 Voluntary shutoffs and restoration of service.
No charge shall be made for shutting off the water supply when requested by the customer for the closing of an old account; no charge shall be made for turning on or shutting off the water supply when requested by the customer in the event of an emergency. When turning on the water supply, the customer shall be present to ascertain that there are no breaks or leaks on the customer's side of the meter. The jurisdiction and responsibility of the department shall end at the meter and the Department shall in no case be liable for damage beyond the meter.
13.14.140 Use of fire hydrants.
(A) No person, firm, corporation or public agency shall take, withdraw or cause to be taken or withdrawn water from or through any fire hydrant within the service area of the department to combat a fire, without first obtaining written permission from the Director. (B) Permits will be issued for temporary water use only for a period not to exceed 30 days, and may be revoked without advance notice at any time when, in the Director’s sole opinion, use of such water is detrimental to any part of the water system or fire protection system of the city.
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(C) Water used pursuant to this section shall be sold by the city in accordance with department hydrant meter readings.
(D) The Department may issue a hydrant (construction) meter upon payment of a construction meter deposit equal to the actual replacement cost of the meter based upon the size of the meter requested, a construction water deposit for estimated water usage, a backflow device deposit (potable only) plus a non-refundable construction meter installation and removal fee. In the event the hydrant (construction) meter is relocated, a hydrant meter relocation fee will be assessed. The deposits shall be applied to the closing bill upon return of the meter and backflow device in a condition satisfactory to the Department. The fees authorized by this subsection shall be established by resolution of the City Council.
(E) Charges for water service provided through a fire hydrant meter shall be the monthly ready to serve charge, a backflow charge for potable hydrants, plus the commodity rates as metered for any water used. Meters issued for over thirty days shall be read and billed each thirty days and upon discontinuation of service. Meters issued for 30 days or less shall be billed upon discontinuance of service. Ready to serve charges and backflow (potable only) will be pro-rated for the number of days that the fire hydrant meter is issued whether or not any water is used. These charges shall be established by resolution or ordinance of the City Council.
(F) Fire hydrant use in the Green River service area for construction or other purposes shall be charged at the same rate as the existing unincorporated area rates.
13.14.150 Water jumper service.
Water used for construction purposes with tracts of five or more lots shall be paid for in advance, at the rate of four times the monthly ready-to-serve charge for the size of the meter to be installed, plus commodity charges equal to 4 months of estimated water usage at tier 1 rates, plus staff costs. These charges shall be imposed every 4 months as needed for each lot.
Formula Based Fee per lot = (4 x Ready to Serve Charge) + (4 x average water usage by meter x current tier 1 domestic residential usage rate) + Staff Costs as established by resolution of the City Council.
This payment shall cover all water used for plastering, masonry, testing of plumbing, concrete work and landscape piping for a period of four months at each lot, or until the issuance of a certificate of occupancy and prepayment is issued on the building, or a request for water service is received, whichever comes first. Water used in street construction (except sidewalks), tract grading, or for any other purposes, shall be obtained from fire hydrants pursuant to § 13.14.140 or other sources, and is not a permitted use under this section.
A Jumper Service Deposit will be collected to cover the actual cost of the jumper in the event that it is lost or damaged.
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13.14.160 Water conservation.
The city's water conservation program shall be as set forth in Chapter 13.26 of this code, and any related resolutions adopted by the City Council, including but not limited to Resolution 91-46. If the city is subject to any conservation water rules under state or federal rules or by any condition of receiving water by purchase from any other public agency, the city shall comply with the conservation rules, except where such rules are expressly suspended or are not being enforced by the enforcing agency.
13.14.170 Water Theft.
(A) Violation. Water theft, tampering and unauthorized use is prohibited and shall constitute a violation of this section.
(B) Penalties.
(1) Criminal misdemeanor penalty. Any person who violates any provision of this §
13.14.170 is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $1,000 or by imprisonment in the city or county jail not exceeding six months, or by both.
(2) Administrative citation. In addition to any other penalties provided by law, whenever the enforcement officer, as that term is defined in § 1.08.120(D), determines that a violation of this § 13.14.170 has occurred, the enforcement officer shall have the authority to issue an administrative citation with administrative civil penalties to any responsible person, as that term is defined in § 1.08.120(G), pursuant to the procedures set forth in Chapter 1.08. The amount of the administrative civil penalties imposed for administrative citations issued for violations of this chapter shall be established by resolution of the City Council.
(3) Removal of theft devices. The city may require the immediate removal of any equipment, connections or tools used to accomplish the water theft that is attached to City’s property or facilities.
(4) State law penalties. Nothing in this section shall be intended to limit any of the penalties provided for under Penal Code § 498 with regard to water theft. (5) Cumulative remedies. The remedies under this section are non-exclusive and cumulative and shall be in addition to any other remedy the city may have at law or in equity, including, without limitation, the right to require payment for all water taken, together with the costs incurred by the city to discover and correct the violation. (C) Hardship Waiver. If, due to unique circumstances, a responsible person who has been issued an administrative citation pursuant to this section is unable to pay the full amount of the administrative civil penalties, the responsible person may, within ten CA\JR\06000.30002\10260801.1
(10) calendar days of the issuance of the administrative citation, apply for a hardship waiver to reduce the amount of the administrative civil penalties. (1) Application for a hardship waiver must be on a form prescribed by the City Manager and shall be accompanied by financial statements, documentation and any other relevant information that demonstrates that the administrative civil penalties would impose an undue financial burden on the responsible person.
(2) If the City Manager determines that the responsible person has demonstrated with clear and convincing evidence that the amount of the administrative civil penalties would impose an undue financial burden on the responsible person, the City Manager may approve or conditionally approve the hardship waiver and take one or more of the following actions:
(a) Reduce the amount of the administrative civil penalties to an amount that the responsible person can reasonably afford while still effectuating the purpose of deterring water theft; and/or
(b) Enter into a payment plan agreement with the responsible person that sets forth terms and conditions for the payment of the outstanding administrative civil penalties, including the payment method and the amount of any interest to be imposed. (3) The City Manager shall act upon any completed application for a hardship waiver within ten (10) calendar days after submittal. The City Manager’s decision shall be in writing and shall be final.
(4) The responsible person’s right to appeal the issuance of an administrative citation pursuant to § 1.08.160 shall be stayed upon the timely filing of a completed hardship waiver application until such time that the City Manager renders a decision on said application.
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EXHIBIT “D”
CHAPTER 13.28
RECLAIMED WATER
Sections
13.28.010 Intent.
13.28.020 Purpose and scope.
13.28.030 Definitions.
13.28.040 Reclaimed Water Master Plan.
13.28.050 Procedures.
13.28.060 Regulation of waste discharges to sewerage system.
13.28.070 Sanctions.
13.28.010 Intent.
(A) Existing state statutes declare that the people of the State of California have a primary interest in the development of facilities to recycle water containing waste to supplement existing surface and underground water supplies and to assist in meeting the future water requirements of the state. Conservation of all available water resources requires the maximum reuse of reclaimed water for beneficial use. The State of California has also declared that continued use of potable water for irrigation of greenbelt and other areas and for certain other uses may be an unreasonable use of such water where reclaimed water is available.
(B) Implementation of the state policies described above are in the best interest of the City of Corona. Riverside County is highly dependent on limited imported water for domestic, agricultural and industrial uses. The reliability of the supply of imported water is uncertain. Numerous jurisdictions in Riverside County have adopted measures to promote water recycling. By developing and utilizing reclaimed water, the need for additional imported water can be reduced. Certain uses of potable water may be considered unreasonable or wasteful where reclaimed water is available. Reclaimed water should be more readily available in seasons of drought when the supply of potable water for nonessential uses may be uncertain. Certain discharges to a wastewater collection system may constitute a nuisance when production of reclaimed water is unduly impaired. In light of these circumstances, this chapter is necessary to protect the common water supply of the region which is vital to public health and safety and to prevent injury to persons and to public and private property.
13.28.020 Purpose and scope.
It is the policy of the City of Corona that reclaimed water shall be used within the jurisdiction whenever and wherever its use is economically justified; its use is financially CA\JR\06000.30002\10260801.1
and technically feasible; there is not an alternative higher or better use for the reclaimed water; and its use is consistent with legal requirements, preservation of public health, the safety and welfare of the public and protection of the environment.
13.28.030 Definitions.
The following terms are defined as follows for purposes of this chapter. “Agricultural purposes” include, but are not limited to, the growing of field and nursery crops, row crops, trees and vines and the feeding of fowl and livestock. “Artificial lake.” A human-made lake, pond, lagoon or other body of water that is used wholly or partly for landscape, scenic or non-contact recreational purposes. “Commercial purposes.” Water used in any building used for office, retail, commercial or similar purposes as well as auditoriums, schools, hotels, apartments, jails and similar structures for landscape irrigation, toilets, urinals and decorative fountains and other non-body contact purposes. (See Cal. Water Code §§ 13550 et seq.) “Department” means the Utilities Department of the City of Corona and its employees. “Director” means the duly appointed Director of Utilities of the Utilities Department of the City of Corona, or his or her designee or any other designated city employee responsible for administration of the Department.
“Greenbelt areas.” Include, but are not limited to, golf courses, cemeteries, parks and nonresidential landscaping.
“Industrial purposes.” Water used by any industrial facility with process water requirements which include, but are not limited to, rinsing, washing, floor trap priming, cooling and circulation or construction, including any facility regulated by the industrial waste discharge ordinance of the City of Corona.
“Off-site facilities.” Facilities under the control of the city, including, but not limited to, reclaimed water transmission mains, reclaimed water pipelines, reservoirs, pumping stations, treatment plants and other appurtenances and property. For reclaimed water service, “off-site facilities” shall be those upstream of the point of connection with the customer’s onsite facilities starting at the downstream end of the meter tailpiece. “On-site facilities.” Facilities under the control of the applicant, owner or customer including, but not limited to, landscape irrigation systems and agricultural irrigation systems. For reclaimed water service, the “on-site facilities” shall be those downstream of the reclaimed water service connection which shall normally be the downstream end of the meter tailpiece.
“Potable water.” Water which conforms to federal, state and local standards for human consumption.
“Reclaimed water.” Water which, as a result of treatment of waste, is suitable for direct beneficial use or controlled use that would not otherwise occur. (See Cal. Water Code § 13050(n).)
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“Reclaimed water distribution system.” A piping system intended for the delivery of reclaimed water exclusively and which is separate from any potable water distribution system.
“Tributary areas.” The hydrological area tributary to a wastewater treatment plant service area.
“Waste discharge.” Water or other material deposited, released or discharged into a sewer system from any commercial, industrial, residential or other source which contains levels of any substance or substances which may cause substantial harm to any water treatment or reclamation facility or which may prevent any use of reclaimed water authorized by law.
13.28.040 Reclaimed Water Master Plan.
(A) General. The City of Corona shall prepare and adopt a Reclaimed Water Master Plan (the "Master Plan") to define, encourage and develop the use of reclaimed water within city boundaries. The Master Plan shall be updated not less than once every five years.
(B) Contents. The Master Plan shall include, but not be limited to, the following:
(1) Plants and facilities. Evaluation of the location and size of and need for present and future reclamation treatment plants, distribution pipelines, pump stations, reservoirs and other related facilities, including cost estimates and potential financing methods for any infrastructure improvements;
(2) Reclaimed water service areas. A designation, based on the policies set forth in §§ 13.28.010 and 13.28.020 and the information set forth in the Master Plan, of the areas within the boundaries of the City of Corona that can or may in the future be required to use reclaimed water in lieu of potable water. (See Cal. Gov’t Code § 65605(b)(2).) Reclaimed water uses may include, but are not limited to, the irrigation of greenbelt areas, agricultural purposes, filling of artificial lakes and appropriate industrial and commercial purposes;
(3) Designated tributary areas. Proposed tributary areas shall be designated for each water reclamation facility identified in the Master Plan. Within such areas, discharges to the sewerage system shall be subject to monitoring, control measures and permitting to protect public health, safety and public and private property. (See also §
13.08.210 of this code.) The designation of tributary areas shall be adopted by ordinance and may be included in the Master Plan. Prior to designation of tributary areas, appropriate notice shall be given to property owners and residents of the area; (4) Quality of water to be reclaimed. For each water reclamation treatment facility, evaluate the quality of wastewater brought into the facility and resulting effects on anticipated uses of reclaimed water to be served by the facility. Evaluate sources of waste discharge and sewer inflow that may, directly or cumulatively, substantially contribute to adverse water quality conditions of reclaimed water;
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(5) Tributary protection measures. Develop recommended control measures and management practices for each designated tributary area to maintain or improve the quality of wastewater brought into the facility and the quality of reclaimed water. Such control measures may include capital improvements to the sewer collection system and waste discharge restrictions for industrial, commercial and residential discharges; (6) Identify potential reclaimed water users. For each reclaimed water service area, evaluate whether reclaimed water use for greenbelt area irrigation, agricultural purposes, filling of artificial lakes, commercial purposes or industrial purposes may become available or potentially mandatory for particular properties. (See Cal. Water Code § 13579.) As set forth in Cal. Gov’t Code § 65605, evaluate whether mandatory reclaimed water use and/or the construction of reclaimed water distribution systems or other facilities, as appropriate, in new industrial, commercial and residential developments for current or future reclaimed water use may be required as a condition of development approval, in accordance with the procedures described in § 13.28.050(B), if future reclamation facilities are proposed in the Master Plan that could adequately serve the development. Identify resources and adopt measures to assist water users in the financing of necessary conversions;
(7) Public awareness program. Establish a comprehensive water recycling public awareness program;
(8) Coordination among agencies. Examine the potential for initiating a coordinated effort between the City of Corona and other regional agencies to share in the production and utilization of reclaimed water.
(C) Rules and regulations. The City of Corona shall establish by ordinance rules and regulations governing the use and distribution of reclaimed water.
13.28.050 Procedures.
(A) Existing water service.
(1) Preliminary determination. Based upon the Master Plan, and in accordance with the rules and regulations adopted pursuant to § 13.28.040(C), upon the designation of each reclaimed water service area or the commencement of the design of new reclaimed water facilities, the city shall make preliminary determinations as to which existing potable water customers it is or may be appropriate to fully or partially convert to reclaimed water use for irrigation of greenbelt areas, agricultural purposes, filling of artificial lakes, commercial purposes, industrial purposes or other uses identified in the Master Plan. Water customers may be notified of the basis for the city’s determination that conversion to reclaimed water service is appropriate, as well as the proposed conditions and schedule for the proposed conversion, and any incentives provided for such conversion. Mandatory partial or full conversion of existing customers to mandatory reclaimed water use may be required only as allowed or required by law. (2) Notice. The notice of the preliminary determination described in subsection (A)(1), including the proposed conditions and time schedule for conversion and a reclaimed water permit application, shall be sent to the water customer by certified mail.
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(3) Application for reclaimed water permit by existing customers. If a customer would like to participate in the city reclaimed water program, he/she/it must submit an application for a reclaimed water permit to the city for review, along with any required application fee. The city shall then review the application for completeness and contact the customer regarding the potential provision of service and reclaimed water permit conditions. The permit and application shall conform with the requirements of subsections(C)(1) through (3) set forth below. If the water customer and the city cannot agree on terms for the provision of reclaimed water service, or if the city determines that reclaimed water is not available for the proposed use, the city may, in its sole and absolute discretion, refuse to provide such service.
(B) New development and remodeling.
(1) Conditions. As set forth in Cal. Gov't Code § 65605, upon application by a developer or owner of new industrial, commercial or residential subdivisions (herein referred to as "applicant") for a discretionary approval for development, City of Corona staff shall review the Master Plan and make a preliminary determination whether the current or proposed use of the subject property is required, in accordance with the rules and regulations adopted pursuant to § 13.28.040(C) to be served with reclaimed water and/or to include facilities designed to accommodate the use of reclaimed water in the future. Based upon such determination, use of reclaimed water and construction of reclaimed water distribution systems or other facilities within the new development for the use of reclaimed water and application for a permit for such use may be required as conditions of approval of any such development application, in addition to any other conditions of the alteration or remodeling. The provisions of this subdivision shall be in addition to, and not in lieu of, the requirements of division (H) regarding reclaimed water. (2) Alterations and remodeling. Upon application for a permit for major alteration or remodeling of multi-family, commercial or industrial structures (including, for example, hotels) which substantially increase a facility's area, volume or size, City of Corona staff shall review the Master Plan and make a preliminary determination whether the landscaping for (or the irrigation requirements of) the subject property shall be required to be served with reclaimed water and/or to include facilities designed to accommodate the use of reclaimed water for landscaping in the future. Based upon such determination, use of reclaimed water and construction of reclaimed water distribution systems or other facilities for the use of reclaimed water and an application for a permit for such use may be required as a condition of approval of the application. (3) Notice of determination. A notice of the basis for the preliminary determination made pursuant to divisions (B)(1) or (B)(2), proposed conditions of approval and a schedule for compliance shall be provided to the applicant prior to approval of the development application.
(C) Reclaimed water permit process. Upon a final determination by the City of Corona that a property shall be served with reclaimed water, or upon adoption of a condition of development approval requiring use or accommodation of the use of reclaimed water, the water customer, owner or applicant shall obtain a reclaimed water permit.
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(1) Permit conditions. The reclaimed water permit shall specify the design and operational requirements of the applicant’s water distribution facilities and schedule for compliance based on the rules and regulations adopted pursuant to § 13.28.040(C) and shall require compliance with both the California Department of Health Services Wastewater Reclamation Criteria (see Cal. Code of Regulations Title 22) and the requirements of the Regional Water Quality Control Board. (2) Plan approval. Plans for the reclaimed and non-reclaimed water distribution systems of the parcel shall be reviewed by the City of Corona and a field inspection conducted by the city before the permit is granted.
(3) Permit issuance. Upon approval of the plans described in subsection (C)(2), the reclaimed water permit shall be issued. Reclaimed water shall not be supplied to a property until inspection by the City of Corona determines that the applicant is in compliance with the permit conditions.
(D) Mandatory reclaimed water use; objections; appeals. (1) If a water customer receiving a notice requiring mandatory participation in the reclaimed water program pursuant to subsection (A)(2) or subsection (B)(3) of this section believes such mandatory participation is not required or is otherwise inappropriate, he/she/it may file a notice of objection with the City of Corona within 30 days after any notice containing proposed conditions of reclaimed water service is delivered or mailed to the customer. The customer may request reconsideration of the determination or modification of the proposed conditions or schedule for conversion. The objection must be in writing and specify the reasons for the objection. The written notice of appeal shall state in detail the specific facts supporting the request for reconsideration. Within 30 days of receiving such request, the Director of the City Water Utilities Department shall render a decision on the request for reconsideration.
(2) The person objecting may within ten days after notification of the Director’s decision file a written appeal with the City Council. The written appeal to the City Council and a requisite filing fee must be submitted to the City Clerk. Upon receipt of the written appeal and the requisite filing fee, the City Clerk shall set the matter for hearing with the City Council at the earliest practical date. At the hearing, the City Council may hear additional evidence and may reject, affirm or modify the Director’s decision. The decision by the City Council shall be final and shall complete the administrative process. (E) Temporary use of potable water. At the discretion of the City of Corona, potable water may be made available to a site requiring reclaimed water use on a temporary basis until reclaimed water is available. Before the applicant receives temporary potable water, a reclaimed water permit as described in division (C) of this section must be obtained for new on-site distribution facilities. Prior to commencement of reclaimed water service, an inspection of the on-site facilities will be conducted to verify that the facilities have been maintained and are in compliance with the reclaimed water permit and current requirements of service. Upon a determination that the reclaimed water facilities are not in compliance, the applicant shall be notified of necessary corrective actions and shall CA\JR\06000.30002\10260801.1
have at least 30 days to take such actions prior to initiation of enforcement proceedings, if required.
(F) Requested service. On a case by case basis, upon application for a permit to use reclaimed water on a property not otherwise covered by this section, the City of Corona shall review the Master Plan and make a determination whether the subject property shall be served with reclaimed water. Based upon such determination, the application for the permit shall be accepted and processed subject to the provisions of division (C) of this section. If the potential reclaimed water customer and the city cannot agree on terms for the provision of reclaimed water service, or if the city determines that reclaimed water is not available for the proposed use, the city may, in its sole and absolute discretion, refuse to provide such service.
(G) Reclaimed water rate. The rate charged for reclaimed water shall be established by resolution of the City of Corona.
(H) Dual plumbing for reclaimed water.
(1) Requirement for dual plumbing. If the Director determines that a proposed new project is close enough to an existing or planned reclaimed water service pipeline to permit the city to furnish reclaimed water to the project, the project shall install reclaimed water service lines to the curb line or property line of the property, abutting on a public street, highway, road or city easement. The reclaimed water service lines shall be connected to all of the project's facilities which applicable law allows to use reclaimed water. A water meter shall be installed for the reclaimed water service lines, which shall be separate from the meter for potable water service and from the meter for landscaping water, if there is one. The size, location, and/or type of reclaimed water service lines, service connections, meters, backflow protection devices, and other appurtenances are subject to review and approval by the city.
(2) Rates and charges. Every project required to install reclaimed water service lines pursuant to subdivision (1) shall pay the city's reclaimed water meter fee, and a new reclaimed water meter set up and installation fee. Fees and charges for water system improvements shall be charged for the reclaimed water service as provided in Chapter
13.14 of this code. The minimum monthly service charge paid for reclaimed water shall be established by resolution or ordinance of the City Council, provided that only a single minimum monthly charge shall be imposed for each building containing both potable and reclaimed water systems. Notwithstanding the foregoing, separate minimum monthly charges shall be imposed for customers with both a potable water system and a reclaimed water system that is used for non-sanitary purposes, such as a dedicated landscape system or industrial process water. All fees applicable to potable water service, including, but not limited to, late fees, disconnection fees, and other fees required for potable water service in § 13.14.100, shall also apply separately to reclaimed water service.
13.28.060 Regulation of waste discharges to sewerage system. (A) Intent. The City of Corona recognizes that to maintain adequate wastewater quality for water reclamation treatment processes and to protect persons and public and CA\JR\06000.30002\10260801.1
private property, restrictions may be required on certain industrial, commercial and residential waste discharges to the city sewerage system located within a designated tributary area of an existing or planned reclamation facility. (B) Adopted tributary protection measures. Types or classes of waste discharges to the sewerage system from any industrial, commercial or residential source may be restricted or prohibited upon a finding, following a noticed public hearing, that the type or class of discharge involved is capable of causing or may cause substantial damage or harm to any sewage treatment or reclamation facility or to any significant user or users or potential user or users of reclaimed water within an area which has been planned for reclaimed water service. (See also § 13.08.210 of this code.)
13.28.070 Sanctions.
(A) Public nuisance. Discharge of wastes or the use of reclaimed water in any manner in violation of this chapter or of any permit issued hereunder, including, but not limited to, the use of reclaimed water for potable purposes or the introduction of reclaimed water into potable water systems, is declared a public nuisance and shall be corrected or abated as directed by the City of Corona, pursuant to the requirements of this code. Any person creating such a public nuisance is guilty of a misdemeanor. (B) Administrative enforcement powers. In addition to the other enforcement powers and remedies established by this chapter, an authorized city enforcement officer has the authority to pursue and take the following administrative actions. (1) Cease and desist orders. When an authorized enforcement officer finds that an activity, waste discharge, practice or operation has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such activity, waste discharge, practice or operation likely to cause such violation and direct that those persons not complying shall:
(a) Comply with the requirement;
(b) Comply with a time schedule; and/or
(c) Take appropriate remedial or preventive action to prevent the violation from recurring.
(2) Written warning. An authorized enforcement officer may issue a written warning, including a compliance date, to persons who are found to be or are suspected of violating this chapter.
(C) Civil actions. In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, and the court may grant, as appropriate, any or all of the following remedies:
(1) A temporary and/or permanent injunction;
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(2) Assessment of the violator for the costs of any investigation or monitoring survey which led to the establishment of the violation and for the reasonable costs of preparing and bringing legal action under this subsection;
(3) Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation; or
(4) Compensatory damages for loss or destruction to water quality. Assessments under this subsection shall be paid to the city and used exclusively for costs associated with monitoring and establishing systems to protect water quality and/or implementing or enforcing the provisions of this chapter.
(D) Permit revocation. In addition to any other statute or rule authorizing termination of water service, the City of Corona may revoke a reclaimed water permit issued hereunder if a violation of any provision of this chapter is found to exist or if a waste discharge or use of reclaimed water causes or threatens to cause a nuisance. (E) Penalty. Any person or entity who violates this chapter shall, for each day of violation, or portion thereof, be subject to a fine not exceeding $1,000. In addition, water service to the property may be discontinued.
(F) Appeal.
(1) Any person required to perform monitoring, analyses, reporting and/or corrective activities by an authorized enforcement officer pursuant to division (B) of this section or whose reclaimed water permit or water service has been revoked pursuant to this section may appeal such action or revocation in writing to the Director for reconsideration within ten days following the effective date of the decision. The written notice of appeal shall state in detail the specific facts supporting the request for reconsideration. Within 30 days of receiving such request, the Director shall render a decision on the request for reconsideration.
(2) Within ten days after notification of the Director’s decision, the person may file a written appeal of the Director’s decision with the City Council. The written appeal to the City Council and a requisite filing fee must be submitted to the City Clerk. Upon receipt of the written appeal and the requisite filing fee, the City Clerk shall set the matter for hearing with the City Council at the earliest practical date. At the hearing, the City Council may hear additional evidence and may reject, affirm or modify the Director’s decision. The City Council decision shall be final and shall complete the administrative process.