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assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
If the user is a Federal, State, or local government facility: a director or highest official appointed or designated to oversee the operations and performance of the activities of the government facility, or their designee.
The individuals described in subdivisions (1) through (3) above, may designate a duly authorized representative, if the authorization is in writing. The authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the facility. This authorization must be made in writing by the principal executive officer or ranking elected official, and submitted to the City prior to or together with any document being submitted.
"Authorized Inspector." An inspector designated by the City Engineer. "Beneficial uses." Any and all use of the waters of the State that are protected against quality degradation, including but not limited to domestic, municipal, and agricultural use, use for industrial supply, power generation, recreation, aesthetic enjoyment, or navigation, use for the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other beneficial uses, tangible and intangible, as specified by Federal or State law or other applicable regulations. "Best management practices (BMPs)." The schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR Part 403.5(a)(1) and (b). BMPs 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)." The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees centigrade, usually expressed as a concentration in milligrams per liter (mg/L). "Bypass." The intentional diversion of wastestreams from any portion of a user's treatment facility. "California Code of Regulations (CCR)." The publication of the State of California government containing finalized State regulations. "Categorical industrial user." Any user subject to a Categorical Pretreatment Standard or Categorical Standard. "Categorical Pretreatment Standard" or "Categorical Standards." Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 USC Section 1317) that apply to a specific category of users and that appear in 40 CFR, Chapter I, Subchapter N, Parts 405-471. "Chemical oxygen demand." A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water. "City." City of Richmond.
"City Engineer." The person, designated by the City, who is in charge with certain duties and responsibilities by this chapter. The term also means a Duly Authorized Representative of the City Engineer. "Code of Federal Regulations (CFR)." The publication of the United States government that contains finalized Federal regulations. "Commercial garbage/food grinder." A mechanical unit for pulverizing wastes before discharging into the public sewer system by a commercial user.
"Commercial user." Any source of wastewater discharge originating from a commercial business. "Cooling water." Water discharges from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.
"Daily maximum." The arithmetic average of all effluent samples for a pollutant collected during a calendar day. "Daily maximum limit." The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
"Environmental Protection Agency (EPA)." The Regional Water Management Division Director, the Regional Administrator, or other Duly Authorized Official of said agency.
"Existing source." Any source of discharge that is not a "new source." "Fats, oils, and grease (FOG)." Any organic polar compound derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules.
"Food handling facility (FHF)." Any facility that prepares and/or serves food for commercial use or sale. This includes, but is not limited to, restaurants, cafes, lunch counters, cafeterias, hotels, hospitals, convalescent homes, factory or school kitchens, catering kitchens, bakeries, grocery stores with food preparation and packaging, meat cutting and preparation (excluding grocery stores with only food warming operations), meat packing facilities, and other food handling facilities not listed above where FOG may be introduced to the s
ewer system and cause line blockages and sewer overflows. This is a process of concern for the City. "Grab sample." A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.
"Grease collection service." A qualified company that specializes in cleaning grease interceptors and/or hauling grease to an approved waste site.
"Grease separators," or sometimes called "separators." A multi-compartment device designed to retain grease from one or more fixtures. It shall be designed outside of the food establishment and shall be of a size and design in compliance with all current Building and Plumbing Codes adopted by the City.
"Grease trap." A device designed to retain grease from one to a maximum of four fixtures. "Industrial user." Any source of industrial wastewater discharge. "Industrial wastewater." All water-carried wastes, excluding domestic and commercial wastewater, resulting from the processing or manufacture of goods or products.
"Instantaneous limit." The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
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"Interference." A discharge, that alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the WPCP, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES permit or the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. "Lateral." A sewer pipeline conveying wastewater from the premises of a user to the City's sewer system. The term "lateral" includes "building sewer" and "service lateral."
"Lift station." A sump used to allow sewage to accumulate to a level where it is pumped to the sewer system at a higher elevation. "Local limit." 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 Part 403.5(a)(1) and (b). "Medical waste." Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. "Monthly average." The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharge" measured during that month.
"Monthly average limit." The highest allowable average of the "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. "National Pollutant Discharge Elimination System (NPDES) Permit." A permit issued pursuant of Section 402 of the Act, as amended (33 USC Section 1251 et seq.), which regulates discharges from the WPCP to a Water of the United States. "National Pretreatment Standard." The term "National Pretreatment Standard," "Pretreatment Standard," or "Standard" means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits. "New source."
Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of the proposed Pretreatment Standards under Section 307(c) of the Act that will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that:
The building, structure, facility, or installation is constructed at a site at which no other source is located; or The building, structure, facility, or installation is totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
The production or wastewater generating processes of the building, structure, facility, or installation are structurally independent from 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.
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 section (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction program:
Any placement, assembly, or installation of facilities or equipment; or Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or Entered into a binding contractual obligation for the purchase of facilities or equipment, which are 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 under this paragraph.
"Nuisance." Anything which is injurious to health or is indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property or which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
"Pass through." A discharge which exits the WPCP into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or duration of a violation. "Permittee." A user that is permitted by the City with a wastewater discharge permit. "Person." Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.
"pH." A measure of acidity or alkalinity of a solution, expressed in standard units. "Pollu
tant." Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
"Premises." Any land, including any improvements or structures thereon, which is owned, used, occupied, leased or operated by a user and from or on which discharges occur or wastewater is created. "Pretreatment." The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the WPCP. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable Pretreatment Standard.
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"Pretreatment Requirements." Any substantive or procedural requirement related to pretreatment imposed on a user, other than a Pretreatment Standard.
"Pretreatment Standards" or "Standards." Pretreatment Standards shall mean prohibited discharge standards, Categorical Pretreatment Standards, and local limits.
"Process of concern." For the purpose of the City's FOG Control Program, this means any business that has FOG on-site or generally any business process that introduces material or matter into wastewater. "Process wastewater." Any water, which during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product from any industrial, commercial, institutional, or agricultural source.
"Prohibited discharge standards" or "prohibited discharges." Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 12.18.020.1 of this chapter. "Publicly owned treatment works (POTW)." A treatment works, as defined by Section 212 of the Act (33 USC Section 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant. In this chapter, the POTW is the Richmond Municipal Sewer District Water Pollution Control Plant and its collection system. "Septic tank waste." Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. "Sewage." Human excrement and gray water (household showers, dishwashing operations, etc.). "Significant industrial user (SIU)." Except as provided in paragraphs (3) and (4) below, an SIU is:
An industrial user subject to Categorical Pretreatment Standards; or An industrial user that:
Discharges an average of twenty-five thousand (25,000) gallons per day (gpd) or more of process wastewater to the POTW (excluding sanitary, non-contact cooling, and boiler blowdown wastewater); Contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the WPCP; or
Is designated as such by the City on the basis that it has reasonable potential for adversely affecting WPCP operation or for violating any Pretreatment Standard or Requirement.
The City may determine that an industrial user subject to Categorical Pretreatment Standards is a non-significant categorical industrial user rather than an SIU on a finding that the industrial user never discharges more than one hundred (100) gpd of total categorical wastewater (excluding sanitary, non-contact cooling, and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met:
The industrial user, prior to the City's finding, has consistently complied with all applicable Categorical Pretreatment Standards and Requirements;
The industrial user annually submits the certification statement required in Section 12.18.060.14(B) (see 40 CFR Part 403.12(q)) of this chapter, together with any additional information necessary to support the certification statement; and The industrial user never discharges any untreated concentrated wastewater.
Upon a finding that a user meeting the criterion in Section 12.18.010.3(BH)(2) of this chapter has no reasonable potential for adversely affecting WPCP operation or for violating any Pretreatment Standard or Requirement, the City may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f) (6), determine that such user should not be considered an SIU. "Significant noncompliance (SNC)." Any action of conduct by a user which constitutes a violation of any applicable regulation and which consists of one or more of the following:
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant parameter during a 6-month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR Part 403.3(l); Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements taken for the same pollutant parameter during a six- (6-) month period equal or exceed the product of the numeric Pretreatment Standard or Requirement including instantaneous limits, as defined by 40 CFR Part 403.3(l) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH); Any other violation of a Pretreatment Standard or Requirement as defined by 40 CFR Part 403.3(l) (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 of City personnel or the general public); 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; Failure to meet, within ninety (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; Failure to provide, within forty-five (45) days after the due date, required reports such as baseline monitoring reports, ninety- (90 -) day compliance reports, periodic self monitoring reports, and reports on compliance with compliance schedules; Failure to accurately report noncompliance; or
Any other violation or group of violations, which may include a violation of BMPs, which the City determines will adversely affect the operation or implementation of its Pretreatment Program. "Slug load" or "slug discharge." Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 12.18.020.1 of this chapter. A slug discharge is any discharge of a non-routine, episodic nature, including, but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the City's regulations or local limits or the user's wastewater discharge permit conditions. "Standard industrial classification (SIC)." The system of classifying industries as identified in the Standard Industrial Classification Manual (1972), Office of Management and Budget and as may be amended. "Standard Specifications." The document entitled, Standard Specifications for Sewer Construction, which includes the specifications and drawings to be used in design and construction of laterals and sewers.
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"State." The State of California, including any department or agency thereof. "Stormwater." Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
"Total suspended solids" or "suspended solids." The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering. "United States Code (USC)." The codification by subject matter of the general and permanent laws of the United States. "User." A source of wastewater discharge to the WPCP.
"Waste." Sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for the purposes of, disposal. "Wastewater." Liquid and water-carried industrial wastes and sewage from residential dwelling, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the WPCP. "Wastewater discharge permit." A permit issued to a user that allows it to discharge wastewater to the WPCP. "Water softener." A unit using an ion-exchange process requiring sodium chloride ion to regenerate the exchange bed. "Waters of the State." Any water, surface or underground, including saline waters within the boundaries of the State as defined in 40 CFR Part 230.3(s).
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.020 - General sewer use requirements.
12.18.020.1 - Prohibited discharge standards.
General Prohibitions. No user shall introduce or cause to be introduced into the WPCP any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the WPCP whether or not they are subject to Categorical Pretreatment Standards or any other Federal, State, or local Pretreatment Standards or Requirements.
Specific Prohibitions. No user shall introduce or cause to be introduced into the WPCP the following pollutants, substances, or wastewater:
Pollutants which create a fire or explosive hazard in the WPCP, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR Part 261.21. Closed-cup flashpoint values may be found in the National Institute of Occupational Safety and Health (NIOSH) Pocket Guide to Chemical Hazards; Wastewater having a pH less than 6.0 or more than 10.0, or otherwise causing corrosive structural damage to the POTW or equipment;
Solid or viscous substances, such as, but not limited to, grease, garbage with particles greater than one-half (0.5) inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, whole blood, feathers, ashes, cinders, sands, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, glass grindings, or polishing wastes, in amounts which will cause obstruction of the flow in the WPCP resulting in interference; Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the WPCP; Wastewater having a temperature greater than 140 degrees F (60 degrees C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees F (40 degrees C);
Petroleum oil, nonbiodegradable cutting oil, or products of mineral origin, in amounts that will cause interference or pass through; Pollutants which result in the presence of toxic gases, vapors, or fumes within the WPCP in a quantity that may cause acute worker health and safety problems;
Trucked or hauled pollutants, except at discharge points designated by the City Engineer in accordance with Section 12.18.030.5 of this chapter;
Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair; Pollutants that impart color, which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;
Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations; Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, and unpolluted wastewater, unless specifically authorized by the City Engineer; Sludges, screenings, or other residue from the pretreatment of industrial wastes; Medical wastes, except as specifically authorized by the City Engineer in a wastewater discharge permit; Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test; Detergents, surface-active agents, or other substances that might cause excessive foaming in the WPCP; Wastewater causing two readings on an explosion hazard meter at the point of discharge into the sanitary sewer system, or at any point in the WPCP, of more than five percent (5%) as hexane or any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter. LEL values may be found in the NIOSH Pocket Guide to Chemical Hazards. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides.
Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the WPCP.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
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12.18.020.2 - National Categorical Pretreatment Standards.
Users must comply with the Categorical Pretreatment Standard found in 40 CFR Chapter I, Subpart N, Parts 405-471.
Where a Categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the City Engineer may impose equivalent concentration or mass limits in accordance with Sections 12.18.020.2(F)—(G).
When the limits in a Categorical Pretreatment Standard are expressed only in terms of mass of pollutant per unit of production, the City Engineer may convert the limits to equivalent limitations expressed either as a mass of pollutant discharged per day or effluent concentration for the purposes of calculating effluent limitations applicable to individual industrial users.
When wastewater subject to a Categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the City Engineer shall impose an alternate limit in accordance with 40 CFR Part 403.6(e).
A CIU may obtain a net/gross adjustment to a Categorical Pretreatment Standard in accordance with the following paragraphs of this section:
Categorical Pretreatment Standards may be adjusted to reflect the presence in the industrial user's intake water in accordance with this section. Any industrial user seeking to obtain credit for intake pollutants must make an application to the City. Upon request of the industrial user, the applicable Standard will be calculated on a "net" basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of Section 12.18.020.2(D)(2) are met.
When a Categorical Pretreatment Standard is expressed only in terms of pollutant concentrations, an industrial user may request that the City convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the City Engineer. The City may establish equivalent mass limits only if the industrial user meets all the conditions set forth in Section 12.18.020.2(E)(1)(a)—(e).
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 wastewater discharge permit; Currently use control and treatment technologies adequate to achieve compliance with the applicable Categorical Pretreatment Standard, and not have used dilution as a substitute of treatment; Provide sufficient information to establish the facility's actual average daily flow rates for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;
Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and
Have consistently complied with all applicable Categorical Pretreatment Standards during the period prior to the industrial user's request for equivalent mass limits.
An industrial user subject to equivalent mass limits must:
Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;
Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device; Continue to record the facility's production rates and notify the City Engineer whenever production rates are expected to vary by more than twenty percent (20%) from its baseline production rates determined in Section 12.18.020.2(F) of this chapter. Upon notification of a revised production rate, the City Engineer will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to Section 12.18.020.2(E)(1)(a) of this chapter so long as it discharges under an equivalent mass limit.
When developing equivalent mass limits, the City Engineer:
Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable Categorical Pretreatment Standard and the appropriate unit conversion factor.
Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and May retain the same equivalent mass limit in subsequent wastewater discharge permits terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to Section 12.18.020.6 of this chapter. The industrial user must also be in compliance with Section 12.18.130.3 of this chapter.
The City Engineer may convert the mass limits of the Categorical Pretreatment Standards of 40 CFR Parts 414, 419, and 455 to concentration limits for the purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the City Engineer.
Once included in its wastewater discharge permit, the industrial user must comply with the equivalent limitations developed in this section in lieu of the promulgated Categorical Pretreatment Standards from which the equivalent limitations were derived.
Many Categorical Pretreatment Standards specify one limit for calculating maximum daily discharge limitations and second limit for calculating maximum monthly average, or 4-day average, limitations. Where such Categorical Pretreatment Standards are being applied, the same production or flow figure shall be used in calculating both the average and maximum equivalent limitation.
Any industrial user operating under a wastewater discharge permit incorporating equivalent mass or concentration limits calculated from a production-based Categorical Pretreatment Standard shall notify the City Engineer within two (2) business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the City Engineer of such anticipated change will be required to meet the mass or concentration limits in its wastewater discharge permit that were based on the original estimate of the long-term average production rate.
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(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.020.3 - State Pretreatment Standards.
Users must comply with all applicable State Pretreatment Standards. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.020.4 - Local limits.
The City is authorized to establish local limits pursuant of 40 CFR Part 403.5(c).
The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following (daily maximum limit):
160(1)
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Ammonia as N
0.11 mg/L
Arsenic (total recoverable)
1.0 mg/L
Benzene
220
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BOD5
0.05 mg/L
Cadmium (total recoverable)
0.27 mg/L
Chromium (total recoverable)
1.37 mg/L
Chloroform
0.65 mg/L
Copper (total recoverable)
0.29 mg/L
Cyanide (total)
0.3 mg/L
Lead (total recoverable)
0.005
mg/L
Mercury (total)
0.27 mg/L
Nickel (total recoverable)
90 mg/L
Oil and grease (total)
0.030
mg/L
Selenium (total recoverable)
0.25 mg/L
Silver (total recoverable)
0.35 mg/L
Sulfide (total as S)
1.0 mg/L
Tetrachloroethylene
1.0 mg/L
Toluene
430
mg/L
Total suspended solids
0.004
mg/L
Tributyltin
1.0 mg/L
Xylene
1.0 mg/L
Zinc (total recoverable)
(1) The local limit for West County Landfill leachate is 100 pounds per day (lb/day). All other industrial users must achieve a local limit of 160 mg/L.
The above limits apply at the point where the wastewater is discharged to the WPCP. The City Engineer may impose mass limitations in addition to the concentration-based limitations above.
The City may develop BMPs, by ordinance or in an individual or general wastewater discharge permits, to implement local limits and the requirements of Section 12.18.020.1
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.020.5 - Right to revision.
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The City reserves the right to establish, by ordinance or in individual or general wastewater discharge permits, more stringent Standards or Requirements on discharges to the WPCP consistent with the purpose of this chapter. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.020.6 - Dilution.
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable Pretreatment Standard or Requirement. The City Engineer may impose mass limitations on users who are using dilution to meet applicable Pretreatment Standards or Requirements, or in other cases where imposition of mass limitations is appropriate. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.030 - Pretreatment of wastewater.
12.18.030.1 - Pretreatment facilities.
Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all Categorical Pretreatment Standards, local limits, and the prohibitions set out in Section 12.18.020 of this chapter within the time limits specified by EPA, the State, or the City, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the City Engineer for review, and shall be acceptable to the City Engineer before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this chapter.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.030.2 - Fats, oils, and grease.
Fats, Oils, and Grease Program.
Fats, oils, and grease interceptors:
FOG separators and grease interceptors shall be provided, at the user's expense, where, in the opinion of the City Engineer, they are necessary for proper handling of wastes containing these substances in excessive amounts, or any flammable wastes or harmful ingredients. All grease interceptors shall be of a type and capacity approved by the City Engineer, and shall be located so it is readily and easily accessible for inspection and cleaning.
FOG separators and grease interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction and equipped with removable covers.
Where installed, all FOG separators or grease interceptors shall be maintained and in continuous efficient operation at all times.
These facilities must have a FOG Management Program Permit. An Authorized Inspector and/or the City Engineer shall have right of entry as described in Section 12.18.070.1 of this chapter.
Fees, charges, and penalties are pursuant of Section 12.18.140 of this chapter.
Dishwashers and food grinders are prohibited from discharging through the grease trap pursuant of the State of California Plumbing Code.
A grease collection service shall be required for all facilities that generate FOG.
If significant grease accumulation (e.g., a partial blockage) is found downstream or if significant grease wicking is found upstream of the process of concern, an Authorized Inspector and/or the City Engineer may inspect the facility. The inspection will include a review of the grease management program, treatment system, waste storage area, and drains not flowing to the treatment system. BMPs not in place, hauler receipts for the prior three (3) years not available, and/or training documents not current may result in future inspections with an assessed fee as published in the City's fee schedule (see Section 12.18.140).
If a business is shown to be the cause of a grease-related sewer overflow, the user will be responsible for the cost of clean-up as set forth in Section 12.18.140
Administration of FOG Program. The City shall administer a FOG program, which is intended to prevent fats, oils, and grease, and other substances that are likely to block or create a hazard within the sewer system from entering the system through use of grease interceptors or grease traps. The City may require any non-domestic user to install a grease interceptor or grease trap according to the guidelines set for in the City's Standard Specifications or other program prior to or at any time after connection to the WPCP if the City discovers or determines subsequent to the connection of the facility, the user produces a waste with characteristics that would require installation of a grease interceptor or grease trap pursuant of this chapter.
The installation of a proper grease interceptor or grease trap device shall be the responsibility of the user that applies for the connection or wastewater discharge permit. The City shall determine whether a grease interceptor, grease trap, or other interceptor is required on a case-by-case basis based on an evaluation of the following criteria including, but not limited to:
The type of facility (restaurant, bakery, cheese factory, yogurt shop, gas station, lube facility, etc.); The volume of the user's business or operation (number of meals served, number of seats, hours of operation, etc.); Size and nature of facilities (including kitchen facilities) based on size, type, number of fixtures, and types of processing and/or cooking equipment used;
The type of service provided or operation undertaken (such as dine-in meal service versus carry-out meal service); The type of foods and other materials used in the cooking, processing, or manufacturing operations carried on within the user's facility; The overall potential for grease-laden, flammable, or sand-laden discharges; and The existence of devices, procedures, or processes which are designed to minimize the amount of grease, sand, oil, or other flammable liquids from entering the sewer system.
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The design, location, and procedures for operation of a required grease interceptor or grease trap shall be approved by the City. Such approval shall be obtained prior to the user's connection of the facility to the WPCP, in the event of new construction or remodeling. In instances where a user has already connected and the City determines that a grease interceptor or grease trap must be installed, the user shall promptly provide for the installation of the device, including providing such design and operational plans as may be required. The installation of a grease interceptor or grease trap as required by this chapter on an existing user facility shall occur within a reasonable time not to exceed one hundred (100) days after the user has been provided notice that a grease interceptor or grease trap must be installed. This time limit may only be extended by the City in a written agreement.
Grease Interceptor Maintenance Procedures and Program. Any user, required by the City and/or this chapter to install and/or operate a grease interceptor or grease trap, shall adequately maintain the device so that the device is in proper working order at all times. Grease and oil interceptors shall be cleaned by a licensed and permitted waste hauler on a periodic basis to assure that the grease interceptor will operated as designed at all times. Any user, required to install or have in operation a grease interceptor or grease trap pursuant of this chapter, shall have a plan of operation or program for their facility that is intended to ensure that the grease interceptor or grease trap operates as designed to prevent grease, oil, sand, or other harmful constituents from entering the sewer system. These procedures may be include adoption of kitchen practices to minimize grease-laden garbage, which may ultimately enter the facility's drains and floor traps and/or other such procedures as may be required for proper operation of the grease interceptors.
Grease interceptors shall be cleaned out completely by a FOG collection service as necessary to assure that the grease interceptor will operate as designed at all times or as otherwise specified by the City.
Decanting or discharging of removed waste back into the grease interceptor, for the purpose of reducing the volume to be hauled, is prohibited.
The use of additives, directly or indirectly to the plumbing or sewer system, to emulsify grease and/or oil, is specifically prohibited.
The use of biological additives as a supplement to grease interceptor maintenance, including the addition of microorganisms, may be authorized by the City Engineer. Approval shall be obtained (in writing) prior to use of such additives.
Maintenance records indicating date of service, volume pumped, name of waste hauler, and waste disposal location for each pumping of the grease interceptor must be kept for a minimum of three (3) years. The records must be provided to the City Engineer when requested during normal business hours.
All waste removed from a grease interceptor must be disposed of at a facility permitted by Contra Costa County or other applicable regulatory agencies to receive such waste. Pumped out FOG shall not be returned to the sewer system, nor any private wastewater system, nor storm drains.
Any fixture connected to a grease interceptor shall have a non-removable, secured food strainer of such integrity so as to withstand daily operational usage.
Best Management Practices.
Drain Screen. After March 1, 2006, drain screens shall be installed on all drainage pipes for all new food services establishments deemed by the City Engineer to generate FOG.
Waste FOG:
All waste FOG shall be collected and stored properly in recycling barrels, drums, or bins.
Such recycling barrels, drums, or bins shall be maintained appropriately to ensure they do not leak or enter the City's stormwater collection system by direct discharge or by commingling with stormwater.
A licensed collection service must be used to dispose of waste FOG.
Food Waste. All food waste shall be disposed of directly into the trash or garbage and not in sinks.
Employee Training:
Employees of food service establishments shall be trained within three (3) months after the effective date of this chapter, and two (2) times each calendar year thereafter, on the following subjects:
How to "dry wipe" pots, pans, dishware, and work areas before washing to remove FOG.
How to properly dispose of food waste and solids in enclosed plastic bags prior to disposal in trash bins or containers to prevent leaking and odors.
The location and use of absorption products to clean under fryers and other locations where grease may be spilled or dripped.
Training shall be documented and employee signatures retained indicating each employee's attendance and understanding of the practices.
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ining records shall be available for review at any reasonable time by an Authorized Inspector and/or the City Engineer.
Kitchen exhaust filters shall be cleaned as frequently as necessary in order to maintain good operating condition.
All BMPs shall be posted conspicuously in the food preparation and dishwashing areas and process areas at all times.
Grease Separators (Traps) for Treating FOG Wastes.
Facilities that have FOG, but are not required to have a grease interceptor, must have an adequate-sized grease trap as determined by the City Engineer.
Required connections to grease traps: all three compartment sinks, scullery (preparation) sinks, and pre-wash sinks at dishwashing stations.
Prohibited connections or additives to grease traps:
Final rinse discharge from automatic dishwashers/sanitizers shall not be connected to the grease trap.
Chemical additives, such as chlorinated solvents, or any other additives that causes the emulsification of grease, are strictly prohibited from use in any grease trap.
Maintenance of the grease trap shall be as often as required to maintain it in an efficient operating condition.
For ease of inspection and maintenance, the area around the grease trap must be kept free of storage and the top of the grease trap must not be bolted down.
A maintenance log for the grease trap must be kept for a minimum of three (3) years and must be provided at the request of the City.
Grease Interceptors for Treating FOG Wastes.
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Grease interceptors shall be required for new food handling facilities constructed after March 1, 2006.
Grease interceptors are required for food handling facilities that generate FOG when there is remodeling, additions, alterations, or repairs valued at or greater than what is specified in the City's fee schedule.
Effective March 1, 2006, those food handling facilities operating without a grease interceptor shall, within six (6) months of written notification by the City Engineer, be required to install a grease interceptor if the City Engineer determines that the food service establishment is not adhering to the BMPS set forth in Section 12.18.030.2(D) of this chapter, or that the food service establishment has caused or contributed to a sewer system blockage resulting in maintenance requirements and/or sewage spills.
All new grease interceptors shall be designed, constructed, and installed in accordance with the current City of Richmond Building and Plumbing Codes, and shall be subject to approval by the Building Regulations Department.
All submitted drawings shall be prepared by a licensed and registered professional engineer. Any false information or misleading calculations submitted shall be the responsibility of the user.
All grease interceptors shall be located such that they are readily and easily accessible for cleaning, inspection, and removal of intercepted waste.
A common grease interceptor shared by multiple businesses can be utilized if specifically authorized by the City Engineer upon evidence of legal operating and maintenance agreements between the involved users.
All grease interceptors shall include an effluent sample box and a sanitary tee located on the discharge side of the sample box of a type and size approved by the City.
Inspection by the City of installed grease interceptors and piping prior to backfilling is required. Piping shall meet the requirements of the City of Richmond Building and Plumbing Code.
Grease interceptors shall have a clean-out installed after the sample box on the private lateral as required by the City of Richmond Building and Plumbing Code.
Required connections to grease interceptors: all three compartment sinks, scullery (preparation) sinks, floor drains and mop sinks along the cook line, pre-wash sinks at dishwashing stations, and all other fixtures that contribute grease into the sewer system.
No food service establishment or other identified user shall construct, remodel, or convert a grease interceptor without approval by the City.
Prohibited connections or additives to grease interceptors:
Final rinse discharge from automatic dishwashers/sanitizers shall not be connected to the grease interceptor.
The use of any additive such as surfactants or chemicals shall not be connected to any type of grease interceptor. Chemical additives, such as chlorinated solvents, or another other additives that cause the emulsification of grease, are strictly prohibited from use in any type of grease interceptor.
Waivers for Treating FOG Wastes.
A food handling facility, or business with a process of concern determined to have no immediate adverse impact on the sewer system because of business type may be granted a waiver from grease trap or grease interceptors installation requirements.
The City Engineer may, at any time, revoke a waiver and require the food handling facility to install a grease interceptor.
A grease interceptor or grease trap may not be required for business types listed below:
Facilities only serving beverages;
Facilities serving beverages and/or ready-to-eat, packaged, or unpackaged items; Ice cream parlors without any baking or other food preparation; Snack bars with no food preparation other than food warming; Bakeries with no food preparation other than food warming; or Other facilities serving only ready-to-eat foods with or without food warming.
Enforcement of FOG Program. Pursuant of this chapter and/or lawful direction from the City, any user who fails to maintain a grease interceptor or grease trap shall be subject to enforcement procedures set forth in Sections 12.18.100, 12.18.110, and/or 12.18.120 of this chapter. Enforcement actions may be initiated if the user fails to maintain, pump, and/or institute a proper grease or flammable substance reduction program and/or providing appropriate employee training. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.030.3 - Additional pretreatment measures.
Whenever deemed necessary, the City Engineer may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and other such conditions may be necessary to protect the WPCP and determine the user's compliance with the requirements of this chapter.
The City Engineer may require any person discharging to the WPCP to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
Water Softeners. This chapter does not prohibit the use of water softener units which:
Were installed and in operation on or before January 31, 1966; and Are regenerated by the owner at the place of use of the unit.
This requirement shall not apply to water softener units that are commercially recharged and are not regenerated at the user's address. The discharge of salt waste from any unit allowed continuance by the provisions of this chapter shall be prohibited if the existing unit is replaced or repairs are made thereto in excess of fifty percent (50%) of the original cost of the unit.
Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.030.4 - Accidental discharge/slug discharge control plan.
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The City Engineer shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The City Engineer may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the City Engineer may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
Description of the discharge practices, including non-routine batch discharges; Description of stored chemicals;
Procedures for immediately notifying the City Engineer of any accidental or slug discharge, as required by Section 12.18.060.6 of this chapter; and
Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.030.5 - Hauled wastewater.
Septic tank waste may be introduced into the WPCP only at locations designated by the City Engineer, and at such times as are established by the City Engineer. Such waste shall not violate Section 12.18.020 of this chapter or any other requirements established by the City. The City Engineer may require septic tank waste haulers obtain coverage under an individual or general wastewater discharge permit.
The City Engineer may require haulers of industrial waste to obtain coverage under an individual or general wastewater discharge permit. The City Engineer may require generators of hauled industrial waste to obtain coverage under an individual or general wastewater discharge permit. The City Engineer may also prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this chapter.
Industrial waste haulers may discharge loads only at locations designated by the City Engineer. No load may be discharged without prior consent of the City Engineer. The City Engineer may collect samples of each hauled load to ensure compliance with applicable Standards.
The City Engineer may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.
Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and address of sources of waste, and volume and characteristics of waste. The form shall identify the type of the industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.040 - Wastewater discharge permits.
12.18.040.1 - Wastewater analysis.
When requested by the City Engineer, a user must submit information on the nature and characteristics of its wastewater within ten (10) days of the request. The City Engineer is authorized to prepare a form for this purpose and may periodically require users to update this form. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.040.2 - Wastewater discharge permit requirement.
No SIU shall discharge wastewater into the POTW without first obtaining coverage under an individual or general wastewater discharge permit from the City Engineer, except that an SIU that has filed a timely application pursuant to Section 12.18.040.5 of this chapter may continue to discharge for the time period specified therein.
The City Engineer may require other users to obtain coverage under an individual or general wastewater discharge permit as necessary to carry out the purposes of this chapter.
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter, and subjects the permittee to sanctions set out in Sections 12.18.100, 12.18.110, and 12.18.120 of this chapter. Obtaining coverage under an individual or general wastewater discharge permit does not relieve the permittee of its obligation to comply with all Federal and State Pretreatment Standards or Requirements or with any other requirements of Federal, State, or local law. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.040.3 - Wastewater discharge permitting: Existing connections.
Any user required to obtain coverage under an individual or general wastewater discharge permit who was discharging wastewater into the WPCP prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the City Engineer for an individual or coverage under a general wastewater discharge permit in accordance with Section 12.18.040.5 of this chapter, and shall not cause or allow discharges to the WPCP to continue after ninety (90) days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the City Engineer. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.040.4 - Wastewater discharge permitting: New connections.
Any user required to obtain coverage under an individual or general wastewater discharge permit who proposes to begin or recommence discharging into the WPCP must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 12.18.040.5 of this chapter, must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence.
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12.18.040.5 - Wastewater discharge permit application contents.
All users required to obtain coverage under an individual or general wastewater discharge permit must submit a permit application. The City Engineer may require users to submit all or some of the following information as part of a permit application:
Identifying Information.
The name and address of the facility, including the name of the operator and owner.
Contact information, description of activities, facilities, and plant production processes on the premises; Environmental Permits. A list of any environmental control permits held by or for the facility.
Description of Operations.
A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and SIC codes of the operation(s) carried out by the user. This description should include a schematic process diagram, which indicates points of discharge to the WPCP from the regulated processes.
Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility that are, or could accidentally or intentionally be, discharged to the WPCP; Number and type of employees, hours of operation, and proposed or actual hours of operation; Type and amount of raw materials processed (average and maximum per day); Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;
Time and duration of discharges;
The location for monitoring all wastes covered by the permit; Flow Measurement. Information showing the measured average daily and maximum daily flow, in gpd, to the WPCP from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula (40 CFR Part 403.6(e)).
Measurement of Pollutants.
The Categorical Pretreatment Standard applicable to each regulated process and any new categorical regulated processes for existing sources.
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the Standard or by the City Engineer, of regulated pollutants in the discharge from each regulated process.
Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section
12.18.060.10 of this chapter. Where the Standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the City Engineer or the applicable Standards to determine compliance with the Standard.
Sampling must be performed in accordance with procedures set out in Section 12.18.060.11 of this chapter.
Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in a discharge based on Section 12.18.060.4(B) of this chapter (40 CFR Part 403.12(e)(2)).
Any other information as may be deemed necessary by the City Engineer to evaluate the permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.040.6 - Wastewater discharge permitting: General permits.
The City Engineer, at his/her discretion, may use general wastewater discharge permits to control discharges to the WPCP if all facilities to be covered by the general wastewater discharge permit meet all the following conditions:
Involve the same or substantially similar types of operations; Discharge the same types of wastes;
Require the same effluent limitations;
Require the same or similar monitoring; and
In the opinion of the City Engineer, are more appropriately controlled under a general wastewater discharge permit than under an individual wastewater discharge permit.
To be covered under a general wastewater discharge permit, the user must file a written request for coverage that identifies its contact information, production processes, types of wastes generated, location for monitoring all wastes covered by the general wastewater discharge permit, any requests in accordance with Section 12.18.060.4(B) for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the City Engineer deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general wastewater discharge permit until after the City Engineer has provided written notice to the user that such a waiver request has been granted in accordance with Section 12.18.060.4(B).
The City Engineer will retain a copy of the general wastewater discharge permit, documentation to support the City's determination that a specific user meets the criteria of Sections 12.18.040.6(A)(1)—(5) and applicable State regulations, and a copy of the user's written request for coverage for three (3) years after the expiration of the general wastewater discharge permit.
The City Engineer may not control a user through a general wastewater discharge permit where the facility is subject to production-based Categorical Pretreatment Standards or Categorical Pretreatment Standards expressed as a mass of pollutant discharged per day or for users whose limits are based on the combined wastestream formula (40 CFR Part 403.6(e)) or net/gross calculations. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.040.7 - Application signatories and certifications.
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All wastewater discharge permits applications, user reports, and certification statements must be signed by an Authorized Representative of the user (see Section 12.18.010.3(E)) and contain the certification statement in Section 12.18.060.14(A).
If the designation of an Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the user, a new written authorization satisfying the requirements of this section must be submitted to the City Engineer prior to or together with any reports to be signed by an Authorized Representative.
A facility determined to be a non-significant categorical industrial user by the City Engineer pursuant of Section 12.18.010.3(BI) must annually submit the signed certification statement in Section 12.18.060.14(B) (40 CFR Part 403.3(v)(2)). (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.040.8 - Wastewater discharge permit decisions.
The City Engineer will evaluate the data furnished by the user and may require additional information. Within forty-five (45) days of the receipt of a completed permit application, the City Engineer will determine whether to issue an individual or coverage under a general wastewater discharge permit. The City Engineer may deny any application for an individual or general wastewater discharge permit. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.050 - Wastewater discharge permit issuance.
12.18.050.1 - Wastewater discharge permit duration.
An individual or coverage under a general wastewater discharge permit shall be issued for a specified period of time, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the City Engineer. Each wastewater discharge permit will indicate a specific date upon which it will expire. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.050.2 - Wastewater discharge permit contents.
Wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the City Engineer to prevent pass through or interference, protect the quality of the water body receiving WPCP effluent, protect worker health and safety, facility sludge management and disposal, and protect against damage to the WPCP.
Wastewater discharge permits must contain:
A statement that indicates the issuance date, expiration date, and effective date of the wastewater discharge permit; A statement that the wastewater discharge permit is non-transferrable without prior notification to the City in accordance with Section 12.18.050.5 of this chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
Effluent limits, including BMPs, based on applicable Pretreatment Standards; Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or BMPs) to be monitored sampling location, sampling frequency, and sample type based on Federal, State, and local law;
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 12.18.060.4(B);
A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule. Such schedule may not be extend the time for compliance beyond that required by applicable Federal, State, or local law;
Requirements to control slug discharge, if determined by the City Engineer to be necessary; and Any grant of the monitoring waiver by the City Engineer must be included as a condition in the user's permit.
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants to the WPCP; Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges; Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the WPCP; The unit charge or schedule of user charges and fees for the management of wastewater discharged to the WPCP; Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State Pretreatment Requirements including those which become effective during the term of the wastewater discharge permit; and
Other conditions deemed appropriate by the City Engineer to ensure compliance with this chapter, and Federal and State laws, rules, and regulations.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.050.3 - Permit appeals.
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The City shall provide public notice of the issuance of all wastewater discharge permits. Any person, including the user, may petition the City Council to reconsider the terms of a wastewater discharge permit within thirty (30) days of notice of its issuance. The City Council shall give notice to the user of the time and place for a public hearing at least ten (10) days prior to the date of the public hearing. At the public hearing, the user may appear personally or through counsel, cross-examine witnesses, and present evidence in its behalf.
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
In its petition, the appealing party must indicate the wastewater discharge permit provision(s) objected to, the reasons for this objection, and the alternative conditions, if any, it seeks to place in the wastewater discharge permit.
The effectiveness of the wastewater discharge permit shall not be stayed pending appeal.
If the City Council fails to act within sixty (60) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or modify a wastewater discharge permit shall be considered final administrative actions for purpose of judicial review.
Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Superior Court for Contra Costa County within thirty (30) days. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.050.4 - Permit modification.
The City Engineer may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
To incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements; To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the wastewater discharge permit issuance;
A change in the WPCP that requires either a temporary or permanent reduction or elimination of the authorized discharge; Information indicating that the permitted discharge poses a threat to the WPCP, City personnel, or the receiving waters; Violation of any terms or conditions of the wastewater discharge permit; Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
To correct typographical or other errors in the wastewater discharge permit; or To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section
12.18.050.5
The City Engineer may modify a general wastewater discharge permit for good cause, including, but not limited to, the following reasons:
To incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements; A change in the WPCP that requires either a temporary or permanent reduction or elimination of the authorized discharge; To correct typographical or other errors in the wastewater discharge permit; or To reflect a transfer of facility ownership or operation to a new owner or operator where requested in accordance with Section
12.18.050.5
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.050.5 - Wastewater discharge permit transfer.
Individual or coverage under a general wastewater discharge permit may be transferred to a new owner or operator only if the permittee gives at least sixty (60) days advanced notice to the City Engineer, and the City Engineer approves the permit transfer. The notice to the City Engineer must include a written certification by the new owner or operator which:
States that the new owner/operator has no immediate intent to change the facility's operations and processes; Identifies the specific date on which the transfer is to occur; and Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders a wastewater discharge permit void as of the date of the facility transfer. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.050.6 - Wastewater discharge permit revocation.
The City Engineer may revoke an individual or coverage under a general wastewater discharge permit for good cause, including, but not limited to, the following reasons:
Failure to notify the City Engineer of significant changes to the wastewater prior to the changed discharge; Failure to provide prior notification to the City Engineer pursuant of Section 12.18.060.5 of this chapter; Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; Falsifying self-monitoring reports and certification statements; Tampering with monitoring equipment;
Refusing to allow the City Engineer timely access to the facility premises and records; Failure to meet effluent limitations;
Failure to pay fines;
Failure to pay sewer charges;
Failure to meet compliance schedules;
Failure to complete a wastewater survey or wastewater discharge permit application; Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
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Violation of any Pretreatment Standard or Requirement, or any terms of a wastewater discharge permit, or this chapter. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.050.7 - Wastewater discharge permit reissuance.
A user with an expiring individual or coverage under a general wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 12.18.040.5 of this chapter, a minimum of ninety (90) days prior to the expiration of the user's existing wastewater discharge permit. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.050.8 - Regulation of waste received from other jurisdictions.
If another jurisdiction, or user located within another jurisdiction, contributes wastewater to the POTW, the City Engineer shall enter into an agreement with the contributing jurisdiction.
Prior to entering into an agreement as required by Section 12.18.050.8(A), the City Engineer shall request the following information from the contributing jurisdiction:
A description of the quality and volume of wastewater discharged to the POTW by the contributing jurisdiction; An inventory of all users located within the contributing jurisdiction that are discharging to the POTW; and Other such information that the City Engineer deems necessary.
An agreement, as required by Section 12.18.050.8(A), shall contain the following conditions:
A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing jurisdiction; which of these activities will be conducted by the City Engineer; and which of these activities will be conducted jointly by the contributing jurisdiction and City Engineer; A requirement for the contributing jurisdiction to provide the City Engineer with access to all information that the contributing jurisdiction obtains as part of its pretreatment activities;
Limits on the nature, quality, and volume of the contributing jurisdiction's wastewater at the point where it discharges to the POTW; Requirements for monitoring the contributing jurisdiction's discharge; A provision ensuring the City Engineer access to facilities of users located within the contributing jurisdiction's boundaries for the purpose of inspection, sampling, and other duties deemed necessary by the City Engineer; and A provision specifying remedies available for breach of the terms of the agreement. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.060 - Reporting requirements.
12.18.060.1 - Baseline monitoring reports.
Users that become subject to new or revised Categorical Pretreatment Standards are required to comply with the following reporting requirements even if they have been designated as non-significant categorical industrial users.
Within either one hundred eighty (180) days after the effect of a Categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR Part 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the WPCP shall submit to the City Engineer a report which contains information listed in Section 12.18.060.1(B). At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable Categorical Standard, shall submit to the City Engineer a report which contains the information listed in Section 12.18.060.1(B). A new source shall report the method of pretreatment it intends to use to meet applicable Categorical Standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants to be discharged.
Users described above shall submit the information set forth below.
All information required in Sections 12.18.040.5(A)(1)(a), 12.18.040.5(A)(2), 12.18.040.5(A)(3)(a), and 12.18.040.5(A)(6).
Measurement of Pollutants.
The user shall provide the information required in Sections 12.18.040.5(A)(7)(a)—(d).
The user shall take a minimum of one (1) representative sample to compile data necessary to comply with the requirements of this paragraph.
Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewater are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR Part 403.6(e) to evaluate compliance with Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR Part 403.6(e), this adjusted limit along with supporting data shall be submitted to the City.
Sampling and analysis shall be performed in accordance with Section 12.18.060.10 The City Engineer may allow the submission of a baseline report which utilizes only historical data as long as the data provide information sufficient to determine the need for industrial pretreatment measures.
The baseline report shall indicate the time, date, and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the WPCP.
Compliance Certification. A statement, reviewed by the user's Authorized Representative (as defined in Section 12.18.010.3(E) and certified by a qualified professional, indicating whether Pretreatment Standard are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required to meet Pretreatment Standards and Requirements.
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Compliance Schedule. If additional pretreatment and/or operation and maintenance will be required to meet Pretreatment Standards, the shortest schedule by which the user will provide such additional pretreatment and/or operation and maintenance must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. A compliance schedule pursuant of this section must meet the requirements set out in Section 12.18.060.2 of this chapter.
Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 12.18.060.14(A) of this chapter and signed by an Authorized Representative (as defined in Section 12.18.010.3(E)). (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.060.2 - Compliance schedule progress reports.
The following conditions shall apply to the compliance schedule required by Section 12.18.060.1(B)(4) of this chapter.
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to the meet the applicable Pretreatment Standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation); No increment referred to above shall exceed nine (9) months; The user shall submit a progress report to the City Engineer no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and In no event shall more than nine (9) months elapse between such progress reports to the City Engineer. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.060.3 - Reports on compliance with Categorical Pretreatment Standard deadline.
Within ninety (90) days following the date for final compliance with applicable Categorical Pretreatment Standards, or in the case of a new source following commencement of the introduction of wastewater to the WPCP, any user subject to such Pretreatment Standards and Requirements shall submit to the City Engineer a report containing the information described in Sections 12.18.040.5(A)(6)—(7) of this chapter. For all other user[s] subject to Categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 12.18.060.14(A) of this chapter. All sampling will be done in conformance with Section 12.18.060.10. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.060.4 - Periodic compliance reports.
All SIUs are required to submit periodic compliance reports even if they have been designated a non-significant categorical industrial user under the provisions of Section 12.18.060.4(C).
Except as specified in Section 12.18.060.4(C), all users must, at a frequency determined by the City Engineer, submit no less than twice per year (June 15 and December 15) reports indicating the nature, concentration of pollutants in the discharge which are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the City Engineer or the Pretreatment Standard necessary to determine the compliance status of the user.
The City may authorize a user subject to a Categorical Pretreatment Standard to forego sampling of a pollutant regulated by a Categorical Pretreatment Standard if the user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is only present at background levels from intake water and without any increase in the pollutant due to activities of the user. This authorization is subject to the following conditions:
The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater being discharged from the facility provided that the sanitary wastewater is not regulated by an applicable Categorical Pretreatment Standard and otherwise includes no process wastewater.
The monitoring waiver is valid only for the duration for the effective period of the wastewater discharge permit, but in no case longer than five (5) years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent wastewater discharge permit. (See Section 12.18.040.5(A)(8).) In making a demonstration that a pollutant is not present, the user must provide data from at least one (1) sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
The request for a monitoring waiver must be signed in accordance with Section 12.18.010.3(E), and include the certification statement in Section 12.18.060.14(A).
Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA-approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
Any grant of a monitoring waiver by the City Engineer must be included as a condition in the user's wastewater discharge permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the City Engineer for three (3) years after the expiration of the waiver.
Upon approval of the monitoring waiver and revision to the user's wastewater discharge permit by the City Engineer, the user must certify on each report with the certification statement in Section 12.18.060.14(C), that there has been no increase in the pollutant in its wastestream due to activities of the user.
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In the event that a waived pollutant is found to be present or expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of Section 12.18.060.4(A), or other more frequent monitoring requirements imposed by the City Engineer, and notify the City Engineer.
This provision does not supersede certification processes and requirements established in Categorical Pretreatment Standards, except as otherwise specified in the Categorical Pretreatment Standard.
The City may reduce the requirement for periodic compliance reports (40 CFR Part 403.12(e)(1)) to a requirement to report no less frequently than once per year, unless required more frequently in the Pretreatment Standard or by EPA or the State, where the user's total categorical wastewater flow does not exceed any of the following:
0.01 percent (0.01%) of the design dry weather hydraulic capacity of the WPCP, or five thousand (5,000) gpd, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the user discharges in batches.
0.01 percent (0.01%) of the design dry weather organic treatment capacity of the WPCP; and
0.01 percent (0.01%) of the maximum allowable headworks loading for any pollutant regulated by the applicable Categorical Pretreatment Standard for which approved local limits were developed in accordance with Section 12.18.020.4 of this chapter.
Reduced reporting is not available to users that have in the last two (2) years been in significant noncompliance, as defined in Section
12.18.010.3(BI) of this chapter. In addition, reduced reporting is not available to a user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the City Engineer, decreasing the reporting requirement for this user would result in data that are not representative of conditions occurring during the reporting period.
All periodic compliance reports must be signed and certified in accordance with Section 12.18.060.14(A) of this chapter.
All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of the user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
If a user subject to the reporting requirement of this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the City Engineer, using the procedures prescribed in Section 12.18.060.11 of this chapter, the results of this monitoring shall be included in the report.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.060.5 - Reports of changed conditions.
Each user must notify the City Engineer of any significant changes to the user's operations or system which might alter the nature, quality, or volume of the its wastewater at least sixty (60) days before the change.
The City Engineer may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 12.18.040.5 of this chapter.
The City Engineer may issue an individual or coverage under a general wastewater discharge permit under Section 12.18.050 of this chapter or modify the existing wastewater discharge permit under Section 12.18.050.4 of this chapter in response to changed conditions or anticipated changed conditions.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.060.6 - Reports of potential problems.
In cases of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a slug discharge or slug load, that might cause potential problems for the WPCP, the user shall immediately telephone and notify the City Engineer of the incident. This notification shall include the location of the discharge, type of waste, concentration, and volume, if known, and corrective actions taken by the user.
Within five (5) days following such discharge, the user shall, unless waived by the City Engineer, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the WPCP, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant of this chapter.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Section 12.18.060.6(A). Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
SIUs are required to notify the City Engineer immediately of any changes at its facility affecting the potential for a slug discharge. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.060.7 - Reports from unpermitted users.
Users not required to obtain a wastewater discharge permit shall provide appropriate reports to the City Engineer as he/she may require. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.060.8 - Notice of violation/repeat sampling and reporting.
If sampling performed by a user indicates a violation, the user must notify the City Engineer within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City Engineer within thirty (30) days after becoming aware of the violation. Resampling by the user is not required if the City performs sampling at the user's facility at least once per month, or if the City performs sampling at the user's facility between the time when the initial sampling was conducted and the time when the user or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the user. (Ord. No. 18-11 N.S., § I, 7-26-2011)
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12.18.060.9 - Notification of the discharge of hazardous waste.
Any user who commences discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge to the WPCP of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the WPCP, the notification shall also contain the following information to the extent that such information is known and readily available to the user:
An identification of the hazardous constituents contained in the wastes; An estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month; and An estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months.
All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this paragraph needs to be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 12.18.060.5 of this chapter. The notification requirement of this section does not apply to pollutants already reported by the users subject to Categorical Pretreatment Standards under the self-monitoring requirements of Sections 12.18.060.1, 12.18.060.3, and 12.18.060.4 of this chapter.
Users are exempt from the requirements of Section 12.18.060.9(A) during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR Parts 261.30(d) and 261.33(e).
Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR Parts 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substances as a hazardous waste, the user must notify the City Engineer, the EPA Regional Waste Management Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a wastewater discharge permit issued thereunder, or any applicable Federal or State law. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.060.10 - Analytical requirements.
All pollutant analyses, including sampling techniques, to be submitted as part of the wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable Categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where EPA determines that the Part 136 sampling and analysis are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods for any other applicable sampling and analytical procedures, including procedures suggested by the City Engineer or other parties approved by EPA.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.060.11 - Sample collection.
Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on the data that is representative of conditions occurring during the reporting period.
Except as indicated in Sections 12.18.060.11(B)—(C), the user must collect wastewater samples using twenty-four- (24-) hour flow- proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the City Engineer. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
For sampling required in support of baseline monitoring and 90-day compliance reports required in Sections 12.18.060.1 and
12.18.060.3, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the City Engineer may authorize a lower minimum. For the reports required in Section 12.18.060.4, the user is required to collect the number of grab samples necessary to assess and assure compliance with applicable Pretreatment Standards and Requirements.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.060.12 - Date of receipt of reports.
Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
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(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.060.13 - Recordkeeping.
Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with BMPs established under Section
12.18.020.4(C). Records shall include the date, exact place, method and time of sampling, and the name of the person(s) taking the samples; the date analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the City Engineer. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.060.14 - Certification statements.
Certification of Wastewater Discharge Permit Applications, User Reports, and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by users submitting wastewater discharge permit applications in accordance with Section 12.18.040.7; users submitting baseline monitoring reports under Section 12.18.060.1(B)(5); user[s] submitting compliance reports on Categorical Pretreatment Standard deadlines under Section 12.18.060.3; users submitting periodic compliance reports required by Section 12.18.060.4 (A)—(D); and user[s] submitting an initial request to forego sampling of a pollutant on the basis of Section 12.18.060.4(B)(4). The following certification statement must be signed by an Authorized Representative as defined in Section 12.18.010.3(E):
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Annual Certification for Non-Significant Categorical Industrial Users. A facility determined to be a non-significant categorical industrial user by the City Engineer pursuant of Sections 12.18.010.3(BH)(3) and 12.18.040.7(C) must annually submit the following certification statement signed in accordance with the signatory requirements in Section 12.18.010.4(E). This certification must accompany an alternative report required by the City Engineer.
Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 CFR Parts ;#rule;, I certify that, to the best of my knowledge and belief that during period from ;#rule;, ;#rule; to ;#rule;, ;#rule; [months, days, years]:
The facility described as ____________ [facility name] met the definition of a non-significant categorical industrial user as described in Section 12.18.010.3(BH)(3);
The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and The facility never discharged more than one hundred (100) gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information:
_____
_____
Certification of Pollutants Not Present. Users that have been approved a monitoring waiver based on Section 12.18.060.4(B) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user:
Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR Part (s) ;#rule; [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ;#rule; [list pollutant(s)] in the wastewaters due to the activities at the facility since filing the last periodic report under Section 12.18.060.4(A).
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.070 - Compliance monitoring.
12.18.070.1 - Right of entry: Inspection and sampling.
An Authorized Inspector or the City Engineer shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Authorized Inspector or City Engineer ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Authorized Inspector or City Engineer shall be permitted to enter without delay for the purposes of performing specific responsibilities.
The Authorized Inspector or City Engineer shall have the right to set up on the user's premises, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
The City Engineer may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated according to manufacturer's specifications to ensure their accuracy.
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written notice or verbal request of the City Engineer and shall not be replaced. The costs of clearing such access shall be borne by the user.
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Unreasonable delays in allowing the Authorized Inspector or City Engineer access to the user's premises shall be a violation of this chapter.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.070.2 - Search warrants.
If an Authorized Inspector or City Engineer has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect overall public health, safety, and welfare of the community, the City may seek issuance of a search warrant from the Contra Costa County Superior Court.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.080 - Confidential information.
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the City Engineer, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data as defined in 40 CFR Part 2.302 shall not be recognized as confidential information and shall be available to the public without restriction. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.090 - Publication of users in significant noncompliance.
The City shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the WPCP, a list of users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable Pretreatment Standards and Requirements. The term significant noncompliance shall be applicable to all SIUs (or any other user that violates paragraphs (C), (D), or (H) of this section) and shall mean the following:
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all measurements taken for the same pollutant parameter during a six- (6-) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits as defined in Section 12.18.020 Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six- (6-) month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including instantaneous limits, as defined in Section 12.18.020 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils, and grease, and 1.2 for all other pollutants except pH); Any other violation of a Pretreatment Standard or Requirement as defined by Section 12.18.020 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the City Engineer determines has caused, alone or in combination with other discharges, interference, or pass through, including endangering the health of the WPCP personnel or the general public; Any discharge of a pollutant that has caused imminent endangerment to the public or the environment, or has resulted in the City Engineer's exercise of its emergency authority to halt or prevent such a discharge; Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with Categorical Pretreatment Standard deadlines, period self-monitoring reports, and reports on compliance with compliance schedules.
Failure to accurately report noncompliance; or
Any other violation(s), which may include a violation of BMPs, which the City Engineer determines will adversely affect the operation or implementation of the Pretreatment Program.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.100 - Administrative enforcement remedies.
12.18.100.1 - Notification of violation.
When the City Engineer finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the City Engineer may serve upon that user a written Notice of Violation. Within fourteen (14) days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the City Engineer. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the City Engineer to take any action, including emergency actions or any other enforcement actions, without first issuing a Notice of Violation. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.100.2 - Consent orders.
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The City Engineer may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant of Sections
12.18.100.4 and 12.18.100.5 of this chapter and shall be judicially enforceable. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.100.3 - Show cause hearing.
The City Engineer may order the user which has violated, or continues to violate, any provision of this chapter, wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standards or Requirement, to appear before the City Engineer and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place of the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken.
This notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fourteen (14) days prior to the hearing. Such notice may be served on any Authorized Representative of the user (as defined in Section 12.18.010.3(E) and required by Section
12.18.040.7(A)). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.100.4 - Compliance orders.
When the City Engineer finds that a user has violated, or continues to violate, any provision of this chapter, wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the City Engineer may issue an order to the user responsible for the discharge directing that the user comes into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and BMPs designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.100.5 - Cease and desist orders.
When the City Engineer finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, or that the user's past violations are likely to recur, the City Engineer may issue an order to the user directing it to cease and desist all such violations and directing the user to:
Immediately comply with all requirements; and
Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.100.6 - Administrative fines.
When the City Engineer finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the City Engineer may fine such user in accordance with Section 12.20.055 of the City of Richmond Municipal Code. Such fines shall be assessed on a per-violation per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
Unpaid charges, fines, and penalties shall, after thirty (30) days calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a monthly rate. A lien against the user's property shall be sought for unpaid charges, fines, and penalties.
Users desiring to dispute such fines must file a written request for the City Engineer to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the City Engineer may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user.
The City Engineer may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.100.7 - Emergency suspension.
The City Engineer may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The City Engineer may also immediately suspend a user's discharge after notice and opportunity to respond, that threatens to interfere with the operation of the WPCP, or which presents, or may present, an endangerment to the environment.
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the City Engineer may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the WPCP, its receiving stream, or endangerment to any individuals. The City Engineer may allow the user to recommence its discharge when the user has demonstrated to the
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satisfaction of the City Engineer that the period of endangerment has passed, unless the termination proceedings in Section
12.18.100.8 of this chapter are initiated against the user.
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the City Engineer prior to the date of any show cause or termination hearing under Sections 12.18.100.3 or 12.18.100.8 of this chapter.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.100.8 - Termination of discharge.
In addition to provisions in Section 12.18.050.6 of this chapter, any user who violates the following conditions is subject to discharge termination:
Violation of wastewater discharge permit conditions;
Failure to accurately report wastewater constituents and characteristics of its discharge; Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or Violation of Pretreatment Standards in Section 12.18.020 of this chapter.
Such user will be notified of the proposed termination of its discharge and offered an opportunity to show cause under Section 12.18.100.3 of this chapter why the proposed action should not be taken. Exercise of this option by the City Engineer shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.110 - Judicial enforcement remedies.
12.18.110.1 - Injunctive relief.
When the City Engineer finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the City Engineer may petition the Contra Costa County Superior Court through the City Attorney for issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The City Engineer may also seek other action as appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.110.2 - Civil penalties.
A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall be liable to the City for a maximum civil penalty of $10,000 per violation, per day. In the case of monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
The City may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.
In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.110.3 - Criminal prosecution.
A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall, upon conviction, be guilty of a misdemeanor, punishable by fines and/or imprisonment in accordance with Section 1.04.100 of the City of Richmond Municipal Code.
A user who willfully or negligently introduces any substance to the WPCP which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor, punishable by fines and/or imprisonment in accordance with Section 1.04.100 of the City of Richmond Municipal Code. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.
A user who knowingly makes false statements, representations, or certifications in any application, record, report, plan, or documentation filed, or required to be maintained, pursuant of this chapter, a wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method under this chapter shall, upon conviction, be punished by a fine and/or imprisonment in accordance with Section 1.04.100 of the City of Richmond Municipal Code.
In the event of a second conviction, a user shall be punished by a fine and/or imprisonment in accordance with Section 1.04.100 of the City of Richmond Municipal Code.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.110.4 - Remedies nonexclusive.
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The remedies provided for this chapter are not exclusive. The City Engineer may take any, all, or any combination of these actions against a noncompliant user. Enforcement for pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the City Engineer may take other action against any user when the circumstances warrant. Further, the City Engineer is empowered to make more than one enforcement action against any noncompliant user.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.120 - Supplemental enforcement action.
12.18.120.1 - Penalties for late reports.
A penalty shall be assessed to any user for each day that a report required by this chapter, a permit or order issued hereunder is late, beginning five (5) days after the date the report is due. Higher penalties may also be assessed where reports are more than thirty (30) to forty-five (45) days late. Actions taken by the City Engineer to collect late reporting penalties shall not limit his/her authority to initiate other enforcement actions that may include penalties for late reporting violations. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.120.2 - Performance bonds.
The City Engineer may decline to issue or reissue an individual or coverage under a general wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit or order issued hereunder, or any other Pretreatment Standard or Requirement, unless such user first files a satisfactory bond, payable to the City of Richmond, in a sum not to exceed a value determined by the City Engineer to be necessary to achieve compliance. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.120.3 - Liability insurance.
The City Engineer may decline to issue or reissue an individual or coverage under a general wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit or order issued hereunder, or any other Pretreatment Standard or Requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the WPCP caused by its discharge.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.120.4 - Payment of outstanding fees and penalties.
The City Engineer may decline to issue or reissue an individual or coverage under a general wastewater discharge permit to any user who has failed to pay any outstanding fees, fines, or penalties incurred as a result of any provision of this chapter, a previous wastewater discharge permit or order issued hereunder.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.120.5 - Water supply severance.
Whenever a user has violated or continues to violate any provision of this chapter, an individual or general wastewater discharge permit or order issued hereunder, or any other Pretreatment Standard or Requirement, water service to the user may be severed. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.120.6 - Public nuisances.
A violation of any provision of this chapter, a waste discharge permit or order issued hereunder, or any other Pretreatment Standard or Requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the City Engineer. Any person(s) creating a public nuisance shall be subject to the provisions of Chapter 9.22 of the City of Richmond Municipal Code governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.120.7 - Contractor listing.
Users which have not achieved compliance with applicable Pretreatment Standards and Requirements are not eligible to receive a contractual award for the sale of goods or services to the City. Existing contracts for the sale of goods and services to the City held by a user found to be in significant noncompliance with Pretreatment Standards or Requirements may be terminated at the discretion of the City Engineer. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.130 - Affirmative defenses to discharge violations.
12.18.130.1 - Upset.
For the purposes of this section, upset means an exceptional incident in which there is unintentional and temporary noncompliance with Categorical Pretreatment Standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance
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to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
An upset shall constitute an affirmative defense to an action brought for noncompliance with Categorical Pretreatment Standards if the requirements of Section 13.18.130.1(C) are met.
A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
An upset occurred and the user can identify the cause(s) of the upset; The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and
The user has submitted the following information to the City Engineer within twenty-four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five [5] days):
A description of the indirect discharge and cause of noncompliance; The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time of noncompliance is expected to continue; and
Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of noncompliance.
In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
Users shall have the opportunity for judicial determination of any claim of upset only in an enforcement action is brought for noncompliance with Categorical Pretreatment Standards.
Users shall control production of all discharges to the extent necessary to maintain compliance with Categorical Pretreatment Standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.130.2 - Prohibited discharge standards.
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in Section
12.18.020 of this chapter if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or
No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.
(Ord. No. 18-11 N.S., § I, 7-26-2011)
12.18.130.3 - Bypass.
For the purposes of this section:
Bypass means the intentional diversion of wastestream from any portion of a user's treatment facility.
Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
A user may allow any bypass to occur which does not cause Pretreatment Standards or Requirements to be violated, but only if it is also for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Sections 12.18.130.3(C)—(D).
Bypass Notifications.
If a user knows in advance of the need for a bypass, it shall submit prior notice to the City Engineer, at least ten (10) days before the date of the bypass, if possible.
A user shall submit oral notice to the City Engineer of an unanticipated bypass that exceeds applicable Pretreatment Standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain the following information:
A description of the bypass and its cause;
The duration of the bypass, including exact dates and times; If the bypass has not been corrected, the anticipated time it is expected to continue; and The steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.
The City Engineer may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.
Bypass.
Bypass is prohibited, and the City Engineer may take enforcement action against a user for a bypass, unless:
Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and The user submitted notices as required in Section 12.18.130.3(C).
The City Engineer may approve an anticipated bypass, after considering its adverse effects, if he/she determines that it will meet the three conditions listed in Sections 12.18.130.3(D)(1)(a)—(c). (Ord. No. 18-11 N.S., § I, 7-26-2011)
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12.18.140 - Wastewater treatment rates.
12.18.140.1 - Fees and charges.
In order to recover from users the cost of implementing the pretreatment program established in this chapter, the City Council shall adopt, by resolution, fees and charges, which may include:
Fees for reimbursement of costs of setting up and operating the City's pretreatment program; Fees for monitoring, inspection, and surveillance procedures; Fees for reviewing accidental discharge procedures and construction; Fees for wastewater discharge permit applications;
Fees for filing appeals;
Fees for consistent removal by the City of pollutants otherwise subject to Pretreatment Standards or Requirements; Fees for discharge of stormwater, surface water, groundwater, roof runoff containing pollutants or industrial waste, or pretreated hazardous wastewater;
FOG program fees:
Initial permit fee;
Permit fee for the fourth (4th) year;
Inspection and re-inspection fees;
Cost of inspecting and issuing NOVs;
Cost of re-inspection for violations;
Fees associated with grinders:
Food handling facilities with grinders and no treatment system will incur a ten percent (10%) surcharge to the sewer service fee.
Food handling facilities with grinders connected to the grease trap is a violation.
Five (5) working days shall be granted to correct violation; If not corrected, then administrative orders will be issued; The penalties to be imposed shall be $250 for the first violation, $500 for the second violation, and $1,000 for the third violation and each violation thereafter.
Blockages determined to be caused by FOG and associated with a responsible party with evidence (i.e., televised recording of the source lateral), shall pay the City for the costs incurred (equipment and personnel hours plus additional costs if lift stations are impacted with the subject FOG) to clear the line plus ten percent (10%) when it is the second incident. The user shall be warned subsequent to the first incident of their financial obligation to the City. The user shall also be liable for all incidental damage to all public and private property resulting from the blockage.
All fees, charges, and penalties, are due by the property owner.
Other fees as the City may deem necessary to carry out the requirements contained in this chapter. (Ord. No. 18-11 N.S., § I, 7-26-2011)
FOOTNOTE(S):
(15) Editor's note— Ord. No. 18-11 N.S., § I, adopted July 26, 2011, effective Sept. 1, 2011, amended Ch. 12.18 in its entirety to read as herein set out. Former Ch. 12.18, §§
12.18.010—12.18.330, pertained to similar subject matter and derived from Ord. No. 8-06 N.S. Prior ordinance history: Ords. 30-8 8 N.S., 15-91 N.S., 19-91 N.S., 32-91 N.S., 11-93 N.S. and 3-00 N.S. (Back)
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Richmond, California, Code of Ordinances >> Article XII - PUBLIC WORKS >> Chapter 12.22 - STORMWATER MANAGEMENT AND DISCHARGE CONTROL >>
Chapter 12.22 - STORMWATER MANAGEMENT AND DISCHARGE CONTROL Sections:
12.22.010 - Intent and purpose.
12.22.020 - Definitions.
12.22.030 - Responsibility for administration.
12.22.040 - Construction and application.
12.22.050 - Stormwater control plan required.
12.22.060 - Prohibited discharges.
12.22.070 - Discharge in violation of NPDES permit.
12.22.080 - Unlawful discharge and unlawful connections.
12.22.090 - Best management practices and standards.
12.22.100 - Compliance certificates for stormwater management facilities.
12.22.110 - Authority to inspect.
12.22.120 - Violations constituting misdemeanors.
12.22.130 - Penalty for violation.
12.22.140 - Continuing violation.
12.22.150 - Concealment.
12.22.160 - Acts potentially resulting in violation of the Federal Clean Water Act or Porter-Cologne Act.
12.22.170 - Violations deemed a public nuisance.
12.22.180 - Civil actions.
12.22.190 - Remedies not exclusive.
12.22.200 - Notice of violation.
12.22.210 - Judicial review.
12.22.010 - Intent and purpose.
The intent of this chapter is to protect and enhance the water quality in the City of Richmond's watercourses pursuant to, and consistent with the Porter-Cologne Water Quality Control Act (Water Code Section 13000 et seq.) and the Federal Clean Water Act (33 U.S.C. Section 1251 et seq.).
This chapter also carries out the conditions in the City's National Pollutant Discharge Elimination System (NPDES) permit that require effective February 15, 2005 implementation of appropriate source control and site design measures and stormwater treatment measures for projects that create or replace one acre or more of impervious surface, and that effective August 15, 2006 reduce the threshold to projects that create or replace 10,000 square feet or more of impervious surface.
It is the purpose of the City Council in enacting this chapter to protect the health, safety and general welfare of Richmond's citizens by:
Minimizing non-stormwater discharges, whose pollutants would otherwise degrade the water quality of local streams, to the stormwater system;
Minimizing increases in nonpoint source pollution caused by stormwater runoff from development that would otherwise degrade local water quality;
Controlling the discharge to the City's stormwater system from spills, dumping or disposal of materials other than stormwater; Reducing stormwater runoff rates and volumes and nonpoint source pollution whenever possible, through stormwater management controls and ensuring that these management controls are properly maintained and pose no threat to public safety.
12.22.020 - Definitions.
The following words and phrases when used in this chapter shall be as defined herein. Words and phrases in this chapter and not otherwise defined shall be interpreted as defined in the regulations issued by the U.S. Environmental Protection Agency to implement the provisions of the Federal Clean Water Act, and as defined by the State Water Resources Control Board to implement the Porter-Cologne Act:
"Best management practices" or "BMP" are structural devices, measures, stormwater management facilities or activities that help to meet development runoff requirements at the premises. BMP also include schedules of activities, prohibitions or practices, general good housekeeping, pollution prevention practices, maintenance procedures and other management practices, to prevent or reduce the discharge of pollutants directly or indirectly to watercourses, water bodies, and wetlands. "City's NPDES permit" means the National Pollutant Discharge Elimination System permit issued to the City of Richmond, Permit No.
CAS0029912, and any subsequent amendment, reissuance or successor to this NPDES permit. "Development runoff requirements" means the provisions in the City's NPDES permit that contain performance standards to address both the construction and post-construction phase impacts of new projects and redeveloped projects on stormwater quality. In the City's 1999 NPDES permit, these requirements are in Section C. 3. "Director" means the City Engineer of the City of Richmond or his or her designee. "Enforcement officer" or "officer" means those individuals designated by the Director to act as authorized enforcement officers. "Guidebook" means the most recent version of the Contra Costa Clean Water Program Stormwater C. 3. Guidebook. "Non-stormwater discharge" means any addition of any pollutant to the City's stormwater system, except discharges pursuant to a NPDES permit, or discharges further exempted in Sections 12.22.060(c) and (d) of this chapter. "Pollutant" means any material other than stormwater including, but not limited to, petroleum products or by-products, solid waste, incinerator residue, sewage, sewage sludge, heat, chemical waste, biological materials, radioactive materials, wrecked or discarded equipment, rock, sand, soil and industrial, municipal or agricultural waste discharged into the water or stormwater system.
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"Premises" means any building, structure, facility, or installation, (including a building's grounds or other appurtenances), and adjacent sidewalks and parking strips.
"Responsible person" means the owner or occupant of any premises or who engages in any activity from which there is or may be a non-stormwater discharge or any person who releases pollutants to the City's stormwater system. "Stormwater" means flow on the surface of the ground resulting from precipitation. "Stormwater management facility" means any device designated to detain, retain, filter, or infiltrate stormwater. "Stormwater control plan" means a plan that meets those criteria contained in the most recent version of the Contra Costa Clean Water Program Stormwater C. 3. Guidebook.
"Stormwater system" means that system of facilities by which stormwater may be conveyed to any stream, watercourse, other body of water or wetlands, including flood control channels, any roads with drainage systems, city streets, catch basins, curbs, gutters, ditches, improved channels, storm drains or storm drain system, which are not part of a Publicly Owned Treatment Works ("POTW") as that term is defined in 40 CFR Section 122.2.
12.22.030 - Responsibility for administration.
The Director or his designee shall administer this chapter for the City.
12.22.040 - Construction and application.
This chapter shall be construed consistent with the requirements of the Federal Clean Water Act and amendments thereto or applicable implementing regulations and the City's NPDES permit.
12.22.050 - Stormwater control plan required.
Every application for a development project, including but not limited to a rezoning, tentative map, parcel map, conditional use permit, variance, site development permit, design review, or building permit that is subject to the development runoff requirements in the City's NPDES permit shall be accompanied by a stormwater control plan that meets the criteria in the most recent version of the Contra Costa Clean Water Program Stormwater C. 3. Guidebook.
Effective February 15, 2005, this requirement shall apply to:
All developments that create one acre (43,560 square feet) or more of impervious surface. Excluded from this category is the construction of one single-family home, which is not part of a larger plan of development, with appropriate pollutant source control and site design measures, and using landscaping to appropriately treat runoff from roof and house-associated impervious surfaces;
Streets and road projects that create one acre (43,560 square feet) or more of new impervious surface. Excluded from this category are sidewalks, bicycle lanes, trails, bridge accessories, guardrails, and landscape features; Projects on previously developed sites that result in the addition or replacement of a combined total of one acre (43,560 square feet) or more of impervious surface. Excluded from this category are interior remodels and routine maintenance or repair.
Excluded routine maintenance and repair includes roof or exterior surface replacement, pavement resurfacing, repaving and road pavement structural section rehabilitation within the existing footprint, and any other reconstruction work within a public street or road right-of-way where both sides of that right-of-way are developed.
Effective August 15, 2006, this requirement shall apply to:
All developments that create 10,000 square feet or more of impervious surface. Excluded from this category is the construction of one single-family home, which is not part of a larger plan of development, with appropriate pollutant source control and site design measures, and using landscaping to appropriate treat runoff from roof and house-associated impervious surfaces; Streets and road projects that create 10,000 square feet or more of new impervious surface. Excluded from this category are sidewalks, bicycle lanes, trails, bridge accessories, guardrails, and landscape features; Projects on previously developed sites that result in the addition or replacement of a combined total of 10,000 square feet or more of impervious surface. Excluded from this category are interior remodels and routine maintenance or repair. Excluded routine maintenance and repair includes roof or exterior surface replacement, pavement resurfacing, repaving and road pavement structural section rehabilitation within the existing footprint, and any other reconstruction work within a public street or road right-of-way where both sides of that right-of-way are developed.
Subsections (a)(1) and (a)(2) shall be interpreted in a manner that is consistent with the development runoff requirements and exclusions in the City's NPDES permit.
Implementation of an approved stormwater control plan and submittal of an approved stormwater control operation and maintenance plan by the applicant shall be a condition precedent to the issuance of a certificate of occupancy for a project subject to this section.
All stormwater management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure.
Design guidelines are outlined in the guidebook.
All stormwater management facilities shall be maintained according to the guidebook and the approved stormwater control operation and maintenance plan. The person(s) or organization(s) responsible for maintenance shall be designated in the plan. Unless a different time period is provided for in the plan, those responsible for maintenance shall inspect the stormwater management facility at least annually. The plan shall also describe how the maintenance costs will be funded. Upon the failure of a responsible person to maintain a stormwater management facility in accordance with this chapter or the plan, the City may perform the maintenance and recover its costs from the responsible person as provided in Sections 12.22.170 and 12.22.180 For access to stormwater management facilities for inspections and maintenance, recorded covenants or easements shall be provided by the property owner for access by the City, the Contra Costa Mosquito and Vector Control District, and the Regional Water Quality Control Board.
12.22.060 - Prohibited discharges.
The release of non-stormwater discharges to the City stormwater system is prohibited.
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The discharge of stormwater from premises or an activity that causes or contributes to a violation of receiving water limitations in the City's NPDES permit is prohibited.
The following discharges are exempt from the prohibition set forth in subsection (a) above:
Any discharge in compliance with a NPDES permit issued to the discharger; Flows from riparian habitats and wetlands, diverted stream flows, springs, rising groundwater and uncontaminated groundwater infiltration.
The following discharges are exempt from the prohibitions set forth in subsection (a) above if the Regional Water Quality Control Board approves the exempted category under Section C. 11. of the City's NPDES permit: uncontaminated pumped groundwater, foundation drains, water from crawl space pumps, footing drains, air conditioning condensate, irrigation water, landscape irrigation, lawn or garden watering, planned and unplanned discharges from potable water sources, water line and hydrant flushing, individual residential car washing, discharges or flows from emergency fire fighting activities, and dechlorinated swimming pool discharges.
12.22.070 - Discharge in violation of NPDES permit.
Any discharge that would result in or contribute to a violation of the City's NPDES permit either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge, and such person shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge.
12.22.080 - Unlawful discharge and unlawful connections.
It is unlawful to establish, use, maintain or continue unauthorized drainage connections to the City's stormwater system, and to commence or continue any unauthorized discharges to the City's stormwater system.
No discharge shall cause the following conditions, create a nuisance or adversely affect beneficial uses of waters of the state:
Floating, suspended or deposited macroscopic matter or foam; Bottom deposits or aquatic growth;
Alterations of temperature, sediment load, nutrient load, or dissolved oxygen, which cause significant adverse impacts to native aquatic biota;
Visible, floating, suspended or deposited oil or products of petroleum origin; or Substances present in concentrations or quantities which cause deleterious effects on aquatic biota, wildlife or waterfowl, or which render any of these unfit for human consumption.
12.22.090 - Best management practices and standards.
Generally. Any person owning or operating premises that may contribute pollutants to the City's stormwater system shall undertake all practicable best management practices to reduce the potential for pollutants entering the system. Examples of such premises include, but are not limited to, parking lots, gasoline stations, industrial facilities, and other commercial enterprises.
Litter. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects, articles or other litter in or upon any street, alley, sidewalk, business place, creek, stormwater system, fountain, pool, lake, stream, river or any other body of water, or upon any public or private parcel of land so that the same might become a pollutant, except in containers or in lawfully established waste disposal facilities.
Sidewalks. The occupant or tenant, or in the absence of occupant or tenant, the owner or proprietor of any real property in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained as required for the disposal of solid waste.
Parking Lots, Paved Areas and Related Stormwater Systems. Persons owning, operating or maintaining a paved parking lot, the paved areas of a gasoline station, a paved private street or road, and related stormwater systems shall clean those premises as frequently and thoroughly as practicable in a manner that does not result in the discharge of pollutants to the City's stormwater system.
Construction Activities. All construction shall conform to the requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the ABAG Manual of Standards for Erosion & Sediment Control Measures, the City's grading and erosion control ordinance and other generally accepted engineering practices for erosion control as required by the Director when undertaking construction activities. The Director may establish controls on the rate of stormwater runoff from new developments and redevelopment as may be appropriate to minimize the discharge and transport of pollutants.
Notification of Intent and Compliance with General Permits. Each discharger associated with construction activity or other discharger described in any general stormwater permit addressing discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall provide the Director with the notice of intent, comply with and undertake all other activities required by any general stormwater permit applicable to such dischargers. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by the permit.
Development Runoff Requirements. For each new development and redevelopment project subject to the development runoff requirements, every applicant will submit a stormwater control plan and implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of treatment measures and other appropriate source control and site design measures.
Similarly, increases in runoff volume and flows shall be managed in accordance with the development runoff requirements.
Compliance with Best Management Practices. Where best management practices guidelines or requirements have been adopted by any federal, state, regional, city or county agency, for any activity, or operation of premises which may cause or contribute to non-stormwater discharges, every person undertaking such activity, operation or owning and operating such premises shall comply with such guidelines or requirements. Failure to implement and maintain best management practices included in a stormwater permit are subject to administrative citations.
Stormwater Pollution Prevention Plan. The Director may require any business or utility in the City that is engaged in activities that may result in non-stormwater discharges or runoff pollutants to develop and implement a stormwater pollution prevention plan, which must include an employee training program. Business activities which may require a stormwater pollution prevention plan include maintenance, storage,
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manufacturing, assembly, equipment operations, vehicle loading, fueling, vehicle maintenance, food handling or processing, or cleanup procedures which are carried out partially or wholly out of doors. Failure to implement and maintain best management practices included in a stormwater pollution prevention plan are subject to administrative citations.
Coordination with Hazardous Material Release Response and Inventory Plans. Any business subject to the Hazardous Material Release Response and Inventory Plan, Division 20, Chapter 6.95 of the California Health and Safety Code (commencing with Section 25500), shall include, in that plan, provision for compliance with this chapter, including the prohibitions of non-stormwater discharges and the requirement to reduce release of pollutants to the maximum extent practicable.
12.22.100 - Compliance certificates for stormwater management facilities.
Every person who owns, leases or operates any premises containing a stormwater management facility or facilities is required to obtain annually a valid operation and maintenance certificate of compliance certifying to the inspection of and the proper operation and maintenance of the treatment measures and other appropriate source control and site design measures. Each responsible person subject to this requirement shall request an inspection from the City every 12 months. Upon the filing of such request, and the payment of a fee covering the cost of inspection, the City shall inspect the property and shall either issue such certificate upon a determination by the inspector that all treatment measures and other appropriate source control and site design measures have been properly maintained and are in good condition, or shall issue a conditional certificate noting deficiencies that must be corrected within a time indicated on the certificate, or shall deny the certificate. A certificate shall be valid for one year from the date of issuance. The City Council may by resolution establish the fee for the inspection and certificate.
In lieu of a City inspection, such person may arrange for an inspection from a private company authorized to conduct inspections by the City.
Such company shall use a City-approved inspection form that shall be executed under penalty of perjury. Should such inspection form establish that the treatment measures and other appropriate source control and site design measures have been properly maintained and are in good condition, the City may issue an operation and maintenance certificate of compliance or the City may at its cost re-inspect the property and proceed as described in subsection (a). The filing of a false inspection report shall be a misdemeanor.
12.22.110 - Authority to inspect.
Generally. Routine or scheduled inspections shall be based upon as reasonable a selection process as may be deemed necessary to carry out the intent of this chapter, including, but not limited to, random sampling or sampling in areas with evidence of stormwater contamination, evidence of the discharge of non-stormwater to the stormwater system, or similar activities. Inspections may also be conducted in conjunction with routine or scheduled inspections conducted by other public agencies or special district, including but not limited to the Central Contra Costa Sanitary District, the Contra Costa County Fire Protection District, County Environmental Health Department, the Contra Costa Mosquito and Vector Control District, or the Regional Water Quality Control Board.
Authority to Sample and Establish Sampling Devices. With the consent of the owner or occupant, or pursuant to a search or inspection warrant, any officer may establish on any property such devices as are necessary to conduct sampling or metering operations. During all authorized inspections, the officer may take any sample deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site.
Notification of Spills. All persons in charge of the premises or responsible for emergency response for the premises have a responsibility to train premises' personnel and maintain notification procedures to ensure that immediate notification is provided to the City of Richmond any suspected, confirmed or unconfirmed release of pollutants creating a risk of non-stormwater discharge into the City stormwater system.
As soon as any person in charge of the premises or responsible for emergency response for the premises has knowledge of any suspected, confirmed or unconfirmed release of non-stormwater discharge entering the City stormwater system, such person shall take all necessary steps to ensure the detection and containment and clean up of such release and shall notify the City of Richmond of the occurrence by telephoning the Director. This notification requirement is in addition to and not in lieu of other required notifications.
Requirement to Test or Monitor. Any officer may require that any person engaged in any activity or owning or operating any premises that may cause or contribute to non-stormwater discharges, undertake such monitoring activities or analysis and furnish such reports as the officer may specify. The burden, including costs of these activities, analysis and reports shall bear a reasonable relationship to the need for the monitoring, analysis and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analysis and reports required.
12.22.120 - Violations constituting misdemeanors.
The violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this article shall constitute a misdemeanor, except that notwithstanding any other provisions of this article, any violation constituting a misdemeanor under this chapter may, at the discretion of the officer or City Attorney, be charged and prosecuted as an infraction.
12.22.130 - Penalty for violation.
Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.
Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900.
Administrative citations shall be $250 for the first issuance, $500 for the second issuance, and $1,000 for the third and all subsequent issuances.
12.22.140 - Continuing violation.
Every day that any violation of this chapter shall continue shall constitute a separate offense.
12.22.150 - Concealment.
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Concealing, aiding or abetting a violation of any provision of this chapter shall constitute a violation of such provision.
12.22.160 - Acts potentially resulting in violation of the Federal Clean Water Act or Porter-Cologne Act.
Any person who violates any provision of this chapter, or the provisions of any permit issued pursuant to this chapter, or who releases a non- stormwater discharge, or who violates any cease and desist order, prohibition or effluent limitation, may also be in violation of the Federal Clean Water Act or the Porter-Cologne Act and may be subject to the enforcement provisions of those acts, including civil and criminal penalties. Any enforcement actions authorized pursuant to this chapter may also include notice to the violator of such potential liability pursuant to federal or state law.
12.22.170 - Violations deemed a public nuisance.
In addition to the penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare. Such condition is hereby declared and deemed to be a public nuisance, which may be abated as provided in Chapter IX (commencing with Section 9.22.100) of this Code, including the assessment of the costs of abatement which may be collected at the same time and in the same manner as ordinary municipal taxes as provided by Government Code Section 38773.5, and by civil action to abate, enjoin or otherwise compel the cessation of such nuisance by the City Attorney.
12.22.180 - 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, as appropriate, any and all of the following remedies:
A temporary restraining order, preliminary injunction and permanent injunction; An action for an unlawful business practice pursuant to Business and Professions Code Section 17206.
In addition any person violating this chapter shall be liable for:
Reimbursement for the costs of any investigation, inspection or monitoring which led to the discovery of the violation; Costs incurred in removing, correcting, or terminating the adverse effect(s) resulting from the violation; Compensatory damages for the loss of, or destruction to, water quality, wildlife, fish or aquatic life. Costs and damages under this subsection shall be paid to the City and shall be used exclusively for costs associated with monitoring and establishing a stormwater discharge pollution control system and implementing or enforcing the provisions of this chapter; The cost of maintenance and repair of any BMP or stormwater management facility that is not maintained in accordance with the guidebook or the stormwater control plan;
The reasonable costs of preparing and bringing administrative action under this chapter.
12.22.190 - Remedies not exclusive.
The remedies identified in this chapter are in addition to, and do not supersede or limit, any and all other remedies, administrative, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
12.22.200 - Notice of violation.
Any person required to perform monitoring, analysis, reporting or corrective activity by any officer may be informed of such decision, in writing, by a notice of violation. Any person aggrieved by the decision of the officer, may file a written appeal of the notice of violation to the Director within 10 (ten) days following the date of the notice of violation. Upon receipt of such request, the Director shall request a report and recommendation from the officer and shall set the matter for hearing at the earliest practical date. At said hearing, the Director may hear additional evidence, and may reject, affirm or modify the officer's decision. The decisions of the Director shall be final.
12.22.210 - Judicial review.
The provisions of Code of Civil Procedure Section 1094.5 are applicable to judicial review of determinations made by the Director pursuant to this chapter.
(Source: Ordinance No. 4-05 N.S.)
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Richmond, California, Code of Ordinances >> Article XII - PUBLIC WORKS >> Chapter 12.24 - REIMBURSEMENT CONTRACTS FOR SEWER CONSTRUCTION >>
Chapter 12.24 - REIMBURSEMENT CONTRACTS FOR SEWER CONSTRUCTION Sections:
12.24.010 - Reimbursement contracts provided for.
12.24.020 - Provisions not retroactive.
12.24.030 - Special sewer extension fund.
12.24.040 - Fees are additional to other permit fees required by city.
12.24.050 - Violation of provisions a misdemeanor.
12.24.010 - Reimbursement contracts provided for.
Whenever any person, hereinafter called the applicant, wishes to construct sewer facilities with their own money, which facilities in the opinion of the City Council will benefit property owned by persons who are not contributing toward the cost of the construction of the sewer facilities, and if such facilities are dedicated to the public, the City Council may enter into a contract with the applicant to reimburse the applicant, subject to the following provisions and conditions:
The reimbursement contract shall be entered into simultaneously with acceptance of application by the City Engineer.
Within thirty days after execution of the reimbursement contract, the City Engineer shall prepare plans and specifications for construction of sewer facilities requested by the applicant; or in lieu thereof, the applicant may elect to have plans and specifications prepared by a licensed civil engineer of his own choosing, subject to approval of the City Engineer. Upon completion of the plans and specifications, and written approval of the applicant, the City Engineer shall call for sealed bids from at least three qualified sewer construction contractors, the bids to be opened at the specified time and place in the presence of at least one designated representative of the public works department, the finance department and the applicant (if he elects to be represented). The City Engineer shall immediately thereafter prepare an engineer's estimate of the entire cost of the project, based on the lowest responsible bid price and overhead costs for engineering, inspection and incidental expenses, and shall serve notice on the applicant to post a deposit with the director of finance in the full amount of the estimated cost. After the applicant has posted the specified amount with the director of finance, the City Engineer shall submit all bids to the City Council for award of contract to the lowest responsible bidder.
The construction of all sewer facilities shall be under the general supervision of the City Engineer, who shall certify as to the progress payments and completion of the work.
Immediately upon completion of the sewer facilities, the City Engineer shall distribute and assess the reasonable cost, hereinafter referred to as "cost," of the construction against all lots or property which are benefited by the construction in relation to the benefit received. The assessment shall be submitted, within twenty days after acceptance of construction by the City Engineer, to the City Council. The City Council shall, within twenty days thereafter, complete its review of the assessments and make any changes it deems necessary to conform to its determination as to benefits received by the assessed properties. The assessments as determined by the City Engineer, with any change made by the City Council, shall be final and conclusive at the end of the twenty-day period. The assessment shall be placed on file in the office of the City Clerk.
No property owner shall be permitted to connect to the sewer facilities unless he has paid to the special sewer extension fund of the City of Richmond, as set forth in Section 12.24.030 of this chapter, the charge placed against his property as provided in paragraph numbered (d) above.
Prior to the establishment of the assessments, the City Engineer may allow a property owner to connect to the sewer facility upon the owner guaranteeing to pay the amount of the assessment when it is determined, and upon the deposit of an amount of money estimated by the City Engineer to be adequate as a guarantee of the payment of the assessment.
The City shall endeavor to collect the charges and cause the sum so collected to be refunded as provided in the paragraph designated as (h) hereafter, but it shall not be liable for any failure to make such collection or refund, and the obligation to collect the charges shall terminate fifteen years from the date of the contract.
All sums so paid by any property owner shall be refunded to the applicant who shall have contributed toward the construction of the sewer facilities and who entered into a contract with the City of Richmond, in proportion that the amount contributed bears to the entire cost, until the applicant has received the entire amount contributed less that portion distributed against the property of the applicant.
It shall be the obligation of the applicant to inquire of the City whether any said amounts have been paid in to the City by a property owner who did not contribute toward the cost of the construction of the sewer facilities. If any such money remains on deposit with the City without being claimed by the party rightfully entitled to it within one year after it is deposited, the money shall be forfeited to the City of Richmond, and then it shall be transferred to the general fund of the City of Richmond.
The City of Richmond may contribute toward the construction of any such sewer facilities, and if it does so it shall be entitled to a refund under the same provisions and method as set forth above. (Amended by Ordinance No. 355 N.S.)
12.24.020 - Provisions not retroactive.
All contracts heretofore entered into between the City and persons, firms or corporations where the latter parties constructed sewer facilities with their own money, and which facilities benefited property the owners of which did not contribute toward the cost of the construction of the sewer facilities, shall continue in effect under their terms and conditions, and any property owners desiring to connect to the sewer facility, if the property or the owner thereof did not contribute toward the cost of construction of the sewer facility, shall not be permitted to connect to the sewer facility unless he first pays the charge placed against his property pursuant to the provisions of the contract.
12.24.030 - Special sewer extension fund.
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All moneys received under Section 12.24.010 shall be deposited in the special sewer extension fund of the City of Richmond, which fund may be used only for the acquisition, construction, reconstruction, maintenance and operation of sanitation or sewerage facilities to the sole benefit of the contributors to the fund; except that such fund may be used, in the discretion of the City council, for reimbursement in the manner and under the conditions set forth in Section 12.24.010.
12.24.040 - Fees are additional to other permit fees required by city.
The fees established by this chapter are in addition to those permit fees required by other regulations of the City of Richmond not inconsistent herewith, provided, however, that no fee required by this chapter to be paid shall be collected for additional connections where the fee for the original connection shall have been paid.
12.24.050 - Violation of provisions a misdemeanor.
Any person who connects or causes to be connected any property directly or indirectly to any public sewer constructed as herein provided without first paying the charge placed against said property as in this chapter provided is guilty of a misdemeanor. (Source: Ordinance No. 1668)
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Richmond, California, Code of Ordinances >> Article XII - PUBLIC WORKS >> Chapter 12.28 - STREETS AND SIDEWALKS >> Chapter 12.28 - STREETS AND SIDEWALKS
Sections:
12.28.030 - Official datum plane from which elevations shall be determined.
12.28.040 - Placing of building material or obstructions upon public streets regulated—Permit required.
12.28.050 - Same—-Superintendent of streets to direct.
12.28.060 - Same—Extent of permit.
12.28.070 - Placing, erection, etc., of electric poles, etc. regulated.
12.28.080 - Same—Application to new construction.
12.28.090 - Same—Application to street railway wires.
12.28.100 - Hedges along public street or highway—Timing.
12.28.130 - Digging up and disturbance of roadways, etc.—Permit required.
12.28.140 - Same—Requirements for issuance of permit.
12.28.150 - Same—Conditions.
12.28.160 - Same—Inspections and back-filling.
12.28.170 - Same—Applicability to public service corporations.
12.28.180 - Same—Cost to public service corporation for resurfacing by city.
12.28.190 - Same—Effect of arrearages.
12.28.200 - Same—Safety requirements.
12.28.210 - Same—Restoration.
12.28.220 - Same—Limitations of permit.
12.28.230 - Same—Removal of wearing—surface of streets.
12.28.240 - Same—Exceptions.
12.28.250 - Same—Emergency repairs and parkway excavations excepted.
12.28.260 - Set-back lines—Definitions.
12.28.270 - Establishment of set-back lines.
12.28.280 - Same—Procedure.
12.28.290 - Same—Effect of resolution on issuance of permits.
12.28.300 - Same—Hearing of objections and action of council.
12.28.310 - Same—Final resolution of council.
12.28.320 - Same—Violations.
12.28.330 - Same—Duty of clerk.
12.28.340 - Construction, hanging and use of awnings and signs regulated—Obstructions on sidewalks prohibited without an encroac hment permit.
12.28.350 - Same—Height and projection of awnings.
12.28.355 - Awnings, marquees or canopies.
12.28.360 - Same—Permission required.
12.28.365 - Temporary encroachment permit for use of sidewalk.
12.28.370 - Monuments.
12.28.030 - Official datum plane from which elevations shall be determined.
Beginning on the effective date of this section, for the purpose of establishing grades and elevations of the streets, avenues, boulevards, highways, lanes, alleys, curb and block intersections or other public thoroughfare of the city of Richmond, the following named datum plane shall be taken as the basis:
Mean Sea Level Datum of 1929, established by the U.S. Coast and Geodetic Survey. (Source: Ordinance No. 1786)
12.28.040 - Placing of building material or obstructions upon public streets regulated—Permit required.
No person shall place or cause to be placed on any street, sidewalk or public place in the city of Richmond any material, machinery or apparatus for building, paving or other purposes and allow the same to there remain for over twenty-four hours without a permit from the superintendent of streets. Such permit shall specify the portion of the street or sidewalk to be used and the period of such use, which period shall not be larger than may be reasonably necessary and may be extended only in case of necessity.
12.28.050 - Same—-Superintendent of streets to direct.
Every person having control of any such material, machinery or apparatus, shall obey every lawful direction of the superintendent of streets as to such building material, whether contained in said permit or made after issuance thereof.
12.28.060 - Same—Extent of permit.
The extent of occupation of sidewalks and streets to be covered by the terms of permits for street obstruction shall be as follows:
Such permits shall not authorize the occupation of any sidewalk or street, or part thereof, other than that immediately in front of the premises of the building for the construction of which said permit is issued. During the progress of building operations at least one-half the space between curb and property line shall be at all times kept clear of rubbish and dirt for the free and unobstructed use of pedestrians.
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Whenever the conditions are such that the sidewalk must be occupied or removed, a temporary plank walk not less than three feet in width with substantial railings shall be constructed around the outside of the obstructions and maintained during the obstruction of the sidewalk.
If there are excavations on either side of the sidewalk said sidewalk must be protected by substantial railings not less than two and one -half feet high from the floor of said wall Said railings to be maintained so long as such excavations continue to exist.
It shall be permitted, for the purpose of delivering material to the basements of buildings, to construct elevated temporary sidewalks not less than four feet in width and of a height not exceeding four feet above the curb level of the street; and in case the sidewalk is so elevated it shall be provided with good substantial steps at each end of the same, and shall have railings as before specified on both sides thereof.
All approaches to excavations and depressions must be barricaded.
If the building to be erected is more than three stories in height and is set at or near the street line, there shall be built over such sidewalks a roof having a framework and covering composed of supports and stringers of three-by-twelve timbers, not more than four feet from centers, covered with two layers of two-inch plank. Said roof shall be maintained as long as material is being used or handled on said street front and above the level of such sidewalk.
In all cases such temporary sidewalks, railings and approaches and the roofs over same shall be made as regards ease of approach, strength and safety, to the satisfaction of the Superintendent of Streets.
All gutters and waterways must be bridged over and kept clear of obstruction to the free passage of water.
Material or other obstructions must not be placed within twelve feet of any hydrant of the city used for fire purposes.
Lighted lanterns must be displayed and maintained at each end of every pile of material or other obstructions in the street, and at each end of every excavation, from six p.m. to six a.m.
Earth taken from excavations and rubbish taken from buildings must not be stored either upon sidewalks or roadways of streets, and must be removed from day to day as rapidly as produced. When dry rubbish, apt to produce dust, is being handled it must be kept wetted down so as to prevent its being blown about by the wind.
Whenever it becomes necessary for the safety of pedestrians to erect a fence in front of a building under construction said fence, if built upon the street or sidewalk, shall not exceed six feet in height and shall contain no advertising matter.
The occupation of the street for the storage of building materials shall never exceed, in front of any one building, one-quarter of the width of the roadway of the same, and in streets containing railroad tracks such occupation shall not come within four feet of such railroad track.
(Source: Ordinance No. 103)
12.28.070 - Placing, erection, etc., of electric poles, etc. regulated.
No person shall, within the corporate limits of the City of Richmond:
Run, place, erect, or maintain in said City any wire or cable used to conduct or carry electricity on any pole (or on any cross arm, bracket, or other appliance attached to such pole), within the distance of thirteen inches from the center line of said pole; provided that the foregoing provisions of this paragraph (a) shall be held not to apply to such wires or cables in case the same are run or placed vertically on the poles, nor to "brindle" or "jumper" wires on any pole, nor to any "aerial" cable, as between such cable and pole on which it originates or terminates, nor wires run from "circuit" wires to arc lamps placed upon poles, nor to any wire or cable where the same is attached to the top of a pole, as between it and the said pole.
Run, place, erect or maintain from all new or renewed construction in said City in the vicinity of any pole (and attached thereto) within the distance of thirteen inches from the center line of said pole, any wire or cable used to conduct or carry electricity, or place, erect or maintain in said City any pole (to which is attached any wire or cable used to conduct or carry electricity), within the distance of thirteen inches (measured from the center of such pole), from any wire or cable used to conduct or carry electricity; provided that as between any wire or cable and any pole as in this paragraph (b) named, only the wire, cable or pole last in point of time run, placed, erected or maintained shall be held to be run, placed, erected or maintained in violation of the provisions of the said paragraph.
Run, place, erect or maintain in said City, above ground, within the distance of four feet from any wire or cable conducting or carrying less than six hundred volts of electricity, any wire or cable conducting or carrying more than six hundred volts of electricity, or run, place, erect or maintain within the distance of four feet from any wire or cable which conducts or carries at any one time more than six hundred volts of electricity any wire or cable conducting or carrying less than six hundred volts of electricity; provided that the foregoing provisions of this paragraph (c) shall be held not to apply to any wire or cable conducting or carrying a "secondary" current, and attached to or connected with a "transformer" within the distance of four feet (measured along the line of said wire or cable) from the point where such wire or cable is attached to or connected with such transformer, nor to electric wires or cables within buildings or other structures, nor to electric wires or cables in cases where the same are run from underground and placed vertically on poles, nor to any "lead" wire or cable between the point where same is made to leave any pole for the purpose of entering any building or other structure, and the point at which it is made to enter such building or structure; and provided further that as between any two wires or cables, or any wire and cable run, placed, erected or maintained in violation of the provisions of this paragraph (c), only the wire or cable last in point of time run, placed, erected or maintained shall be held to be run, placed, erected or maintained thus in violation of said provisions.
Run, place, erect or maintain in said City any wire or cable used to conduct or carry at any one time more than six hundred volts of electricity without each cross-arm or such other appliance as may be used in lieu thereof to which said wire or cable is attached to be at all times kept painted a bright yellow color.
Run, place, erect or maintain in said City of Richmond any "guy" wire or "guy" cable attached to any pole or appliance to which is attached any wire or cable used to conduct or carry electricity, without causing said "guy" wire or cable to be effectively insulated at all times at a distance of not less than eight feet nor more than twelve feet near its upper end from the pole to which it is attached, measured in a horizontal line from which pole, and at a point not less than eight feet nor more than twelve feet from the ground near its lower end measured vertically from such point to the ground; provided that in case such "guy" wire or cable is "metal anchored" at its lower end, insulation as herein said or otherwise shall not be required.
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Run, place, erect or maintain in said City vertically on any pole any wire or cable used to conduct or carry electricity without causing such wire or cable to be at all times wholly encased in a metal conduit or casing of wooden material, which material shall be not less than seven eights inch thick.
Erect, place or maintain in said City on any pole (or on any cross arm or other appliance on said pole) which carries, or upon which is placed any electric "arc" lamp or "arc" light, any "transformer" or "transforming" electric currents.
The "kingpin" construction shall not be used where the wire attached thereto shall at any time carry a voltage between three hundred volts and six thousand volts.
Run, place, erect or maintain any wire or cable carrying a voltage in excess of four thousand five hundred volts below a minimum height of thirty feet above ground.
The provisions in the foregoing paragraph (i) shall apply only to pole line construction located on public thoroughfare.
Place, erect or maintain any pole within the sidewalk area, the street face of which is less than twelve inches nor more than fourteen inches from the established curb line, except by special permission of the City Council granted on application made in writing therefor.
Run, place, erect or maintain any "guy" wire or cable attached to any trolley or direct source of trolley power, without placing some approved form of strain insulator in said wire or cable, not less than ten feet from pole or building, provided said trolley or direct current source of trolley power be more than ten feet distant.
12.28.080 - Same—Application to new construction.
The provisions of the foregoing section shall only apply to renewed and new construction from and after the passage of this chapter.
12.28.090 - Same—Application to street railway wires.
This chapter does not apply to street railway construction, except where street railway wires are carried upon the poles of other companies.
Then said street railway wires must conform to Section 12028.070, subsection (a) of this chapter. (Source: Ordinance No. 155)
12.28.100 - Hedges along public street or highway—Timing.
All hedges along the line of any public street or highway within the corporate limits of the City of Richmond shall be kept trimmed and in such condition that no part of the same shall project over the property onto the sidewalk or the street. (Source: Ordinance No. 276)
12.28.130 - Digging up and disturbance of roadways, etc.—Permit required.
It shall be unlawful for any person to make or cause to be made any excavation in or under the surface of any public street, alley, sidewalk or other public place in the City of Richmond for the installation, repair or removal of any pipe, conduit, duct or tunnel, or for any other purpose, without first obtaining from the Superintendent of Streets of the City of Richmond a written permit to make such excavation, and the making of a deposit to cover the cost of restoring said public street, alley, sidewalk or other public place to its original condition, all as hereinafter provided.
12.28.140 - Same—Requirements for issuance of permit.
The Superintendent of Streets shall, before issuing said permit, require: First: A written application therefor to be made and filed with said Superintendent of Streets wherein the applicant shall set forth the name and residence or business address of the person making such application, and shall state in detail the location and area of each excavation intended to be made and shall state the purpose for which the excavation is to be made and used.
Second: The presentation of a plat showing the location of each proposed excavation and the dimensions thereof, and such other details as the Superintendent of Streets may require to be shown upon said plat, provided that the filing of plats shall not be required for the location of rouble in conduits or in pipes or for making repairs thereto.
Third: Where application is made for permits to excavate in the public streets for side sewer connection, payment shall be made to the City of Richmond in accordance with fee schedules established by resolution of the City Council.
When the applicant for such permit complies with these provisions and the regulations of the Council of the City of Richmond, the application and plat shall be approved by the superintendent of streets, and a permit issued by him.
12.28.150 - Same—Conditions.
All excavations for service connections made in public streets under the provisions of these regulations shall be made by open ditch and no tunneling shall be done, except under car tracks, curbs or sidewalks. All such excavations shall be made not more than two feet in width at the top and may slope in so as to be not more than twelve inches wider than the outside of the pipe to be laid in such excavations.
Where application is made for a permit to excavate in any public street for the purpose of repairs only, the holder of such permit shall immediately, upon the completion of the making of such excavation, pay the city of Richmond for such excavation in accordance with fee schedules established by resolution of the city council.
12.28.160 - Same—Inspections and back-filling.
The holder of any permit for side sewer connections as herein provided shall proceed without unnecessary delay after the issuing of such permit to complete the work for which such permit was issued, and upon completion thereof shall notify the sewer and street inspector of the city of Richmond thereof. Immediately after the sewer and street inspector has passed and approved the work for which such permit was issued, the holder
1/9/2013http://library.municode.com/HTML/16579/level2/ARTXIIPUWO_CH12.28STSI.html of such permit shall, under the supervision and direction of the sewer and street inspector, back-fill such excavation at his own cost and expense and in the following manner: Fine dirt shall be carefully deposited and compacted by hand tampers in layers not exceeding eight inches to a level of one foot above the top of the pipe. The trench shall then be back-filled in layers not to exceed five feet to within a distance of one foot from the surface of the roadway and compacted by jetting water into the fill material to the satisfaction of the sewer and street inspector. If hand or machine tampers are to be used, the trench shall be back-filled and compacted in six inch layers to within one foot of the surface of the roadway.
The top one foot of back-fill shall be hand or machine tamped and the paving material excavated from the street shall be placed on top of fill and compacted as thoroughly as possible so that the roadway may be left in a safe and passable condition for vehicles.
12.28.170 - Same—Applicability to public service corporations.
Every public service corporation desiring to make any excavation in any public street in the city of Richmond shall comply with all the foregoing provisions as to the obtaining of a permit therefor except that payment of the sums hereinbefore mentioned by a public service corporation may be waived upon a determination by the director of public works that such corporation has demonstrated satisfactory compliance with this chapter. Such public service corporation upon the completion of the laying of pipe in any excavation made by it in any public street of the city of Richmond shall immediately thereafter proceed to refill such excavation and to restore such street to its original condition without unnecessary delay. Provided, further, that upon the completion of the work of refilling any such excavation the space left for the wearing-surface shall, between the time of finishing of such refilling and the repaving of the street, be filled with either slabs of surfacing removed by it in making such excavation, or by boards or other smooth material which will afford a temporary safe and passable crossing for vehicles. (Amended by Ordinance No. 17-71 N.S.)
12.28.180 - Same—Cost to public service corporation for resurfacing by city.
Any public service corporation desiring that any resurfacing over any excavation made by it shall be done by the city of Richmond shall pay to the superintendent of streets the cost of such work plus twenty-five percent; provided, that if any work of restoring any street to its original condition by any public service corporation after the making of any excavation therein shall not be properly done, or shall thereafter sink or rise above the level of the adjoining portion of such street, such corporation shall upon notice from the superintendent of streets immediately proceed to repair such street to the satisfaction of the superintendent of streets and in the event that such corporation shall fail or neglect, within ten days after receipts of such notice, to so repair or restore such street then the superintendent of streets may perform such work and such corporation shall thereupon be liable and shall pay to the city of Richmond the cost thereof plus twenty-five percent, which amount may be deducted from the deposit of two hundred fifty dollars, or if such deposit shall be insufficient to pay the cost thereof, then such corporation shall be liable to the city of Richmond for the balance of the cost of such work; and provided, further, that it shall be the duty of any such public service corporation to keep the deposit up to the full sum of two hundred dollars at all times.
12.28.190 - Same—Effect of arrearages.
No person in arrears to the city of Richmond by reason of any obligation or liability arising under these provisions shall be granted any further permits to make excavations in any street of the city of Richmond until such arrearage shall have been fully paid.
12.28.200 - Same—Safety requirements.
It shall be the duty of every person making any excavation in a public street, alley or other public place to maintain safe crossings for vehicle and pedestrian traffic at all street intersections. Free access must be provided to all fire hydrants and all materials excavated shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as possible to public travel.
If the street is not wide enough to hold the excavated materials without using part of the adjacent sidewalk, the person by whom the excavation is made shall erect a tight board fence upon and along such sidewalk and keep a passageway at least four feet in width upon and along such sidewalk. All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line.
12.28.210 - Same—Restoration.
When the applicant has completed the work of installing any pipe, conduit, duct or tunnel for which a permit has been granted, the Superintendent of Streets shall be immediately notified thereof and the said Superintendent of Streets shall thereupon proceed to restore such street, alley, sidewalk or other public place to its former condition except in the case of a public service corporation electing to do such work as aforesaid.
12.28.220 - Same—Limitations of permit.
No permit shall be issued unless the applicant has legal authority to occupy and use, for the purposes mentioned in the application, the streets, alleys, sidewalks or other public places covered by such application. No permit shall be transferrable. Such permit shall become void unless the excavation to be made in pursuance thereof is commenced within ten days from the date of the issuance of such permit.
After such excavation is commenced, the work of making the same and installing the pipe, conduit, duct or tunnel for which such permit has been granted, including the restoring of the street, shall be prosecuted with due diligence so as not to obstruct the street or other public place of travel more than in actually necessary.
12.28.230 - Same—Removal of wearing—surface of streets.
Wherever practicable, any person making any excavation for which a permit has been obtained shall remove the wearing-surface of any improved street in slabs of at least four feet in length.
12.28.240 - Same—Exceptions.
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None of these provisions shall apply to any work done or to be done in or along any public street, alley or public place pursuant to any law of the State of California for the improvement thereof, or to any work done or to be done along, in or upon any such street, alley or other public place pursuant to any contract for improvement authorized by the Council of the City of Richmond; nor shall these provisions apply to excavations made by any department, board or officer of the City of Richmond in the discharge of its or his official duties.
12.28.250 - Same—Emergency repairs and parkway excavations excepted.
It is hereby provided that in cases of emergency where it shall become necessary at any time other than the business hours of any day for a public service corporation to make an immediate repair to any pipe or conduit maintained by it in any public street in the City of Richmond such work may be done without first obtaining the permit herein required; provided that the application for such permit shall be made for the performance of such work upon the next business day.
It is hereby further provided that these provisions shall not apply to excavations made in parkways between the curb and sidewalk, provided that the refill of such excavations shall be done to the satisfaction of the Superintendent of Streets of the City of Richmond. (Source: Ordinance No. 1780)
12.28.260 - Set-back lines—Definitions.
For the purpose of Sections 12.28.270 through 12.28.330, inclusive, certain words used therein are defined as follows:
The word STREET shall mean a main street, avenue or highway which forms the boundary of a block, as distinguished from a lane or alley.
The word BLOCK shall mean a plat of land bounded by main streets, or by main streets and a boundary line of the City.
The word LOT shall mean one of the separate pieces or parcels of land into which a block has been divided for purposes of sale, as shown and delineated on the last official map showing such lot and block on file in the office of the County Recorder.
The words CORNER LOT shall mean a lot situated at the junction of two streets.
The words LINE OF THE STREET shall mean the dividing line between a street and the property abutting thereon.
The word STRUCTURE shall mean any work or construction or other object or thing any part of which extends more than five feet in height above the sidewalk level.
The plural shall include the singular, and the masculine shall include the feminine.
12.28.270 - Establishment of set-back lines.
The Council of the City of Richmond may establish or re-establish building lines on private property within the City along and parallel with the whole or any portion of any street, between which lines and the line of the street no structure as herein defined shall be located. Said lines shall be known as "set-back lines," shall be measured from the line of the street, and shall be established in accordance with the procedure set forth herein.
Any set-back line so established may be changed thereafter by following the same procedure. One or more set-back lines may be established along one or more streets or portions thereof in one and the same proceeding.
12.28.280 - Same—Procedure.
Whenever in the opinion of the Council, public health, safety and general welfare require that structures thereafter to be erected shall be set back a certain distance from the line of a street in order to reduce danger from conflagration or of vehicular accidents at private driveways or street intersections, or insure more equitable rights in light, air or vision to adjacent structures then erected or thereafter to be erected, the Council shall pass a resolution of intention declaring its intention to establish the set-back line at which such structures shall set back from the line of the street.
Said resolution of intention shall refer to the street by the name under which it is commonly known and describe the distance of the proposed set- back line from the line of the street, and shall fix a time and place when and where any owners of property fronting on the portions of the street affected, objecting to the proposed set-back line or claiming that their property would be damaged by its establishment, may appear before the Council and have their objections or claims heard and determined.
Said resolution of intention under a heading "NOTICE OF INTENTION TO ESTABLISH SET-BACK LINE" shall be published once in a newspaper of general circulation in the City at least ten days before the date of said hearing; and said resolution of intention, under a like heading in letters not less than one inch in height, shall be posted conspicuously in front of each block or portion of block along which such set-back line is proposed to be established, at least ten days before the date of said hearing. The City Clerk shall cause said notice to be published and the Superintendent of Streets shall cause said notice to be posted as herein provided.
12.28.290 - Same—Effect of resolution on issuance of permits.
After the passage of said resolution of intention and until the proceeding is finally disposed of no building permit shall be issued for the location of any structure as herein defined in the space between the proposed set-back line and the line of the street, and any permit so issued shall be void.
12.28.300 - Same—Hearing of objections and action of council.
At any time before said hearing any interested property owner objecting to the establishment of the proposed set-back line may file with the City Clerk his written objections thereto, setting forth therein the grounds and nature of.his objections. Any person claiming his property would be damaged by the establishment of the proposed set-back line shall file a verified claim thereof with the City Clerk at any time before said hearing, setting forth therein the amount and nature of the damage claimed. No other objections or claims shall be considered. At the time of said hearing, or any time to which it may be continued, the Council shall hear the objectors and their witnesses, and pass upon the objections, also all claims for damages. In considering claims for damages and estimating the amount thereof the Council may take into consideration, among other things, the opinions of owners of property near or adjacent to the property of claimants on the question as to the amount of damage. If after hearing the testimony and considering such other competent evidence as may be presented the Council is of the opinion that any of the claimants would suffer
1/9/2013http://library.municode.com/HTML/16579/level2/ARTXIIPUWO_CH12.28STSI.html damages to their property in excess of benefits their property would receive, the Council may abandon the proceedings as provided in Section
12.28.310, or determine in what amount such damages will exceed the benefits and make provision for payment thereof; provided, the Council may find and determine that the damages are wholly offset by the benefits in which case no damages shall be payable.
Failure to file any objections or make any claim for damages in the times form and manner herein prescribed shall be deemed a waiver thereof.
The establishment of set-back lines shall be deemed a benefit to the whole City in all cases, therefore, in the event that any damages are found and awarded the same shall be paid out of the treasury of the City.
12.28.310 - Same—Final resolution of council.
At the conclusion of the hearing the Council may pass a resolution establishing the set-back line or lines referred to in the resolution of intention; provided the Council may sustain any objection and abandon the proceedings; or the Council may establish setback lines at less distance from the line of the street than was proposed in the resolution of intention without new proceedings; provided, further, the Council may establish set- back lines along a portion of the street to the exclusion of other portions thereof. In establishing set-back lines the Council shall take into consideration in all cases such matters as the width of the street, height of existing structures and the fire-resisting qualities of the materials of which they are constructed.
12.28.320 - Same—Violations.
It shall be unlawful for any person to locate any structure as herein defined in the space between any set-back line so established and the line of the street; and the building inspector shall refuse to issue a permit for the location of any such structure in said space.
The establishment of a set-back line shall never be deemed to divest any owner of property of any of his right, title, interest, use or right of possession thereof except to the extent herein provided, and the City shall not have any right hereunder to exercise any jurisdiction, dominion or control over the private property lying between said set-back line and the line of the street, except such as is vested in the City government under its police powers and to the extent herein provided, for the protection of public health, safety and general welfare.
12.28.330 - Same—Duty of clerk.
The City Clerk is hereby directed to mark in red ink on the official zone map of said City each set-back line established under these provisions and show thereon the distance between said setback line and the line of the street. (Source: Ordinance No. 621)
12.28.340 - Construction, hanging and use of awnings and signs regulated—Obstructions on sidewalks prohibited without an encroachment permit.
No person owning or occupying any premises fronting on a public street shall place any goods, wares or merchandise, for the purpose of exhibitions display or advertisement, on any portion of the sidewalk in front of said premises, nor suffer any such goods, wares or merchandise, or any advertising banner or device over any portion thereof.
No person shall place any crates, cases, barrels or boxes on the sidewalks nor suffer anything to remain thereon in front of premises occupied by him which will in any manner restrict the public use thereof. No sign shall be suspended above and across any sidewalk except as hereinafter provided. No flag, canvas, banner, nor any advertising device of any description whatever shall be stretched across any street or sidewalk without permission of the City Council of the City of Richmond.
The prohibitions set forth in this section shall not prevent a business from obtaining an encroachment permit pursuant to Section 12.28.365. (Ord. No. 25-10 N.S., § 2, 8-2-2010)
12.28.350 - Same—Height and projection of awnings.
All awnings extending over the sidewalk in front of any buildings shall be securely fastened to such building and be at such height that no part of such awning shall be within seven feet of the surface of the sidewalk over which it is suspended, nor shall any such awning extend beyond the outer curb line of the sidewalk.
12.28.355 - Awnings, marquees or canopies.
Whenever any awning, marquee, or canopy extending over a public sidewalk interferes with, impedes or prevents the performance of any public work function or public improvement in or upon such sidewalk, the owner of such awning, marquee, or canopy shall, upon written notice by the superintendent of streets, at the owner's cost and expense, take such remedial action as will cause the awning, marquee, or canopy not to interfere with, impede or prevent the performance of such public work function or public improvement.
The owner so notified by the superintendent of streets shall within ten days after the receipt of such notice commence the required remedial action and shall continue and complete such work without delay and within the time specified in the notice by the superintendent of streets. (Added by Ordinance No. 346 N.S.)
12.28.360 - Same—Permission required.
Except as otherwise provided in this code, no person shall place, erect or maintain any obstruction on any portion of any street or sidewalk of the city of Richmond without permission of the city council of the city of Richmond. (Amended by Ordinance No. 38-78 N.S.)
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12.28.365 - Temporary encroachment permit for use of sidewalk.
A business occupying premises fronting on a public street may obtain or renew a permit to encroach upon the public sidewalk for a period of up to one year provided all of the following conditions are satisfied:
The sidewalk adjacent to the business is at least ten feet wide.
The proposed encroachment will leave an unobstructed pedestrian travel lane of at least five feet in width.
The proposed encroachment will not inhibit use of or access to facilities addressing the needs of the mobility impaired, as required by the Americans with Disabilities Act.
The proposed encroachment will not inhibit use of or access to legally existing encroachments, such as utility service boxes.
The applicant submits to the Engineering Division plans drawn to scale showing the proposed dimensions of all encroaching structures, facilities, furniture, landscaping, and appurtenances, and demonstrating compliance with subparagraphs (1)—(4), abo ve.
The applicant submits to the Engineering Division a brief description of the nature of the encroachment and the proposed duration of the encroachment. The permit fee for an encroachment remaining in place for less than one year will be a prorated portion of the annual fee.
The applicant submits to the Engineering Division written verification that the City of Richmond Planning Department and Fire Department, as well as the California Department of Alcoholic Beverage Control if the applicant proposes to serve alcohol within the public-right-of-way, have reviewed and approve the proposed encroachment.
The applicant pays all plan review fees and all encroachment permit fees.
Within ten business days after submittal of all required application materials and the payment of plan review fees, the Engineering Division will render a decision on an encroachment permit application. Encroachments may be permitted for up to one year and may be renewed for periods of up to one year. The Engineering Division may attach such conditions to an encroachment permit as are necessary to preserve the public health, safety and welfare.
(Ord. No. 25-10 N.S., § 3, 8-2-2010)
12.28.370 - Monuments.
Any monument of granite, concrete, iron or other lasting material set for the purpose of locating or preserving the lines and/or elevation of any public street or right-of-way, property, subdivision, or a precise survey point or reference point shall not be removed, moved or disturbed or caused to be removed, moved, or disturbed without first obtaining permission from the city engineer to do so, said permission to be granted in conformance with requirements as set forth in specifications established by the city engineer. Replacement of a removed or disturbed monument shall be at the expense of the permittee, and the city engineer may require a suitable cash deposit, bond, or other security from the permittee to assure that the replacement cost will be met by the permittee.
(Added by Ordinance 346 N.S.)
(Source: Ordinance No. 1482)
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Richmond, California, Code of Ordinances >> Article XII - PUBLIC WORKS >> Chapter 12.30 - VIDEO SERVICE PROVIDER, UTILITY AND SPECIAL DISTRICT ENCROACHMENTS >>
Chapter 12.30 - VIDEO SERVICE PROVIDER, UTILITY AND SPECIAL DISTRICT ENCROACHMENTS Sections:
12.30.010 - Purpose.
12.30.020 - Definitions.
12.30.030 - Applicability.
12.30.040 - Application.
12.30.050 - Findings and conditions.
12.30.060 - Posting and appeal.
12.30.070 - Relocation of facilities.
12.30.080 - Transfer.
12.30.090 - Violations—Revocation and other penalties.
12.30.010 - Purpose.
The public rights-of-way are unique public resources held in trust for the benefit of the public. These physically limited resources require proper management to maximize their efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public rights-of-way, and to minimize the inconvenience to and negative effects on the public from use of the public rights-of-way by video service providers, utilities and special districts.
12.30.020 - Definitions.
As used in this chapter:
"Agency" means the Richmond Community Redevelopment Agency, a public body corporate and politic. "Arterial street" means any street with a traffic volume of 7,500 to 15,000 vehicles per day, including Barrett Avenue, Castro Ranch Road, Garrard Boulevard, Harbor Way, Macdonald Avenue, Pennsylvania Avenue, Potrero Avenue, Rheem Avenue, Seventh Street, Solano Avenue and Thirty-Seventh Street.
"City" means the government of the City of Richmond, a chartered city and a municipal corporation duly organized and validly existing under the laws of the State of California, and all departments, divisions and offices thereof. "Communications service equipment" and "communications service facilities" mean the equipment and facilities used by a video service provider to provide cable or video service.
"Encroach" means constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any public right-of-way or using any right-of-way so as to prevent, obstruct, or interfere with the normal use of that way, including, but not limited to, the performance of any of the following acts:
Excavating or disturbing the public right-of-way;
Erecting or maintaining any post, sign, pole, fence, guard-rail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right-of-way; Planting any tree, shrub, grass or other growing thing within the public right-of-way; Placing or leaving on the public right-of-way any rubbish, brush, earth or other material; Constructing, placing, or maintaining on, over, under or within a public right-of-way any pathway, sidewalk, driveway or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facilities, or cable;
Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the public right- of-way which causes or may cause an encroachment.
"Engineer" means the City Engineer, or his or her designee. "Facility" means any fiber-optic, co-axial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible thing located in, upon, above, beneath, or across any public right-of-way. "Major arterial street" means any street with a traffic volume of more than 15,000 vehicles per day, including Carlson Boulevard, Central Avenue, Cutting Boulevard, Hilltop Drive, May Road, R.H. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty-Second Street and Twenty-Third Street.
"Permittee" means any person, video service provider, utility or special district that has been issued a permit pursuant to this chapter, including any lawful successor, transferee, or assignee of the original permittee. All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee. "Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the
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subject of rights or duties, not including the City of Richmond, the Richmond Community Redevelopment Agency, or the City's or Agency's officers, employees or agents.
"Public right-of-way" means the area in, upon, above, beneath, or across any land or interest therein which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway or emergency vehicle easement. "Public street" means the full width of the surfaced or traveled portion, including shoulders, of any road, street, path, lane or alley dedicated to, reserved for or used by or for the general public when those roads, streets, paths, lanes and alleys have been accepted as and declared to be part of the city system of public streets, except highways forming a part of the state highway system. "Special district" means any agency of the state for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area. "Structure" means any physical alteration or improvement, including, but not limited to, a building, post, cabinet, fence, vault, sign, pole, guard -rail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment or excavation. "Underground utility district" has the meaning set forth in Chapter 12.48 of this Code. "Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to state law or local franchise is entitled to install its facilities in the public rights-of-way. "Video service" has the meaning set forth in California Public Utilities Code Section 5830(s). "Video service provider" has the meaning set forth in California Public Utilities Code Section 5830(t) and, in addition, refers collectively to any cable operator as defined in Public Utilities Code Section 5830(b), or open-video system operator as defined in Public Utilities Code Section 5830 (n).
12.30.030 - Applicability.
Except as specified in subsection (b), below, before placing any encroachment in, on, over, or under any public right-of-way within the City, a video service provider, utility or special district must obtain a permit in accordance with this chapter.
Notwithstanding subsection (a), above, no permit shall be required pursuant to this chapter for any of the following:
The actions of any officer or employee of the City or Agency engaged in the discharge of official duties; The performance of work under contracts to the City or Agency, including work for City or Agency projects; Encroachments existing prior to the effective date of this chapter; provided, however, that nothing in this chapter shall preclude the Engineer from requiring an appropriate permit or license for or removal of any such preexisting encroachment where the Engineer determines the encroachment adversely affects the safety, capacity or integrity of the City's public right-of-way; Maintenance or repair by a video service provider, utility or special district of existing pipes, facilities, conduits or other structures lawfully on or under a public right-of-way where such maintenance or repair work will not disrupt traffic in an arterial or major arterial street;
The making of an emergency street cut or excavation in the public right-of-way by a video service provider, utility or special district to repair a broken or defective pipe, facility or conduit lawfully on or under a public arterial street, as may be necessary for the preservation of life and property when an urgent necessity therefor arises and the offices of the City are closed, provided that reasonable vehicular and pedestrian barriers or other traffic controls shall be provided during the performance of any such repairs. The video service provider, utility or special district performing the repair work shall notify the City's Engineering Department and Police Department by telephone at the time any such repair work is commenced and must apply for a permit within one calendar day after the offices of the City are again opened;
Tree work, including, but not limited to, planting, trimming, or removal of any new or existing tree within the public right-of-way where a permit has been issued for such work pursuant to Chapter 10.08 of this Code, and no traffic lane closure is anticipated; Sidewalk cafes and restaurants, which shall be governed by the provisions and requirements of Chapter 15.04 of this Code; Street closures for special events specifically approved by the City Council.
Any video service provider, utility or special district encroachment that requires but does not have a permit shall be deemed a violation of this chapter and a public nuisance, which may be abated by the City pursuant to any applicable provision of law including, but not limited to, Chapter 9.22 of this Code.
12.30.040 - Application.
An application for a video service provider, utility or special district encroachment permit, including renewal of an existing permit, shall be on a form prescribed by the Engineer, shall be signed by the applicant, and shall include all of the following materials unless the submittal is waived in writing by the Engineer:
The name, address and telephone number of the applicant; The name, address and telephone number of the contractor(s) if any proposed work is to be done by a contractor(s); The location, purpose, extent and nature of the proposed work; The period of time when the proposed work will be performed; A traffic and pedestrian control plan for the location of the proposed work; A certificate of insurance from the applicant and contractor's insurance carrier in a form satisfactory to the City, and naming the City as additional insureds;
A key map and detailed improvement plan showing all facilities to be located in the public right-of-way, including the material of construction and horizontal and vertical locations with respect to the property lines and grade lines, existing utilities and all other
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pertinent facilities and information required by the Engineer. Unless exempted by state law, the detailed improvement plan shall be prepared by a California Registered Professional Civil Engineer; Any other specifications, analyses or materials the Engineer may require to describe the work, its location in and its effect on the right- of-way, including the mode of operation, maintenance and use; Current maps and records of the underground facilities at the site; The encroachment permit fee set forth in the City's Master Fee Schedule.
For those applications where an aboveground encroachment is proposed, the Engineer shall provide written notice by first class mail to occupants and to owners (as shown on the County Assessor's latest tax roll) of properties located within 300 feet of the proposed encroachment, and to the Neighborhood Council and any homeowners' association in the neighborhood of the proposed encroachment, advising of the filing of an application for approval of an encroachment into the public right-of-way, describing the proposed encroachment and its location, and providing an opportunity to submit written comments regarding the application to the Engineer within fifteen (15) days from the date of the letter and prior to the Engineer's action on the application. Notwithstanding the foregoing, no notice shall be required for any application limited to installation of utility poles, anchors or small cabinets less than four (4) cubic feet in size or for any underground excavations or related work.
In signing the application, the applicant attests that all information provided in support of the application is true and correct. When the applicant has submitted a completed and signed application form, all supporting documents and information, and the required fee, the application will be complete. The Engineer shall act upon an application for a video service provider, utility or special district encroachment permit within sixty (60) days after the application is complete.
A renewal application, supporting materials, and fee must be submitted at least sixty (60) days prior to the termination date of a video service provider, utility or special district encroachment permit or the permit may lapse. A lapsed permit may be deemed a violation of this chapter and the unpermitted encroachment may be considered a public nuisance, subject to abatement by the City pursuant to any applicable provision of law including but not limited to Chapter 9.22 of this Code.
12.30.050 - Findings and conditions.
A video service provider, utility or special district encroachment permit shall be approved by the Engineer upon making the following findings, and shall be subject to all requirements of this chapter and to all of the following conditions:
Findings.
The proposed encroachment has no potential for causing a significant effect on the environment.
The application is complete and all of the necessary supporting information has been provided.
The applicant has made reasonable efforts to erect, construct, use, operate, and maintain facilities underground; provided, however, from and after the effective date of the establishment of any underground utility district, the applicant shall erect, construct, use, operate, and maintain its facilities underground. Where undergrounding is not feasible (except in any area declared to be an underground utility district), the applicant has made reasonable efforts to co-locate facilities on existing poles or other aboveground structures.
The proposed location of the facilities is the best available option to minimize adverse impacts on the use of the public right-of- way and on adjoining properties.
If the application is for a renewal of an existing permit, the permittee is in compliance with the current permit and conditions.
With the conditions imposed, the proposed encroachment shall not be detrimental to the public health, safety and welfare.
Conditions.
All application materials are incorporated into the permit by reference and all representations made in the application are conditions of permit approval.
The permittee and all of its contractors performing work in the public right-of-way shall secure a policy of broad form commercial general liability insurance naming the City as additional insured in an amount not less than two million dollars ($2,000,000.00) per occurrence, or as approved by the City's risk manager, unless permittee is exempt by law from having to procure such insurance before establishing or maintaining any works or facilities in, on, under or above the public right-of-way. All contractors' policies secured in compliance with this condition shall be in effect for the duration of the contractor's work in the public right-of- way; all permittees' policies secured in compliance with this condition shall be in effect for as long as the encroachment remains in the public right-of-way.
The permittee and all of its contractors performing work in the public right-of-way shall furnish to the City, and file with the City Clerk, a corporate surety bond to guaranty the faithful performance of the construction of such work and a separate bond to secure payment of the claims of laborers, mechanics, and material suppliers employed in the construction of such work. The performance bond and payment bond shall each be in an amount equal to one hundred percent (100%) of the total amount of the cost of construction of the work to be performed in the public right-of-way. All bonds shall be issued by a corporate surety admitted in the State of California and shall name the City as a co-obligee.
All work done under the permit shall conform to standard specifications or, in the absence of standard specifications, to recognized standards of design, construction and practices in placing encroachments in, on, under or above the public right-of- way.
All facilities shall be constructed, operated, and maintained in the time, place and manner that cause the least interference with the public's use of the public right-of-way, the City's management and use of the right-of-way, and the rights or reasonable convenience of property owners who adjoin the public right-of-way.
Except when emergency repairs are required, at least forty-eight (48) hours prior to commencing any work that will obstruct or impede the flow of vehicular and/or pedestrian traffic, the permittee shall post the area that will be affected with notifications satisfactory to the Engineer.
During construction, the permittee shall keep a copy of the permit issued pursuant to this chapter at the job site.
During construction and maintenance, the permittee shall provide appropriate traffic warnings, safeguards and controls, as approved by the Engineer.
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During construction and maintenance, the permittee shall provide temporary pedestrian access facilities as necessary to comply with local, state and federal law, including the Americans with Disabilities Act, and with the written direction of the Engineer, if any.
The permittee shall maintain all structures, facilities, and landscaping within the encroachment area in a safe and clean manner, and shall at all times observe and enforce all applicable local, state, and federal safety orders, rules and regulations.
The permittee shall promptly remove all graffiti on any structure or facility within the encroachment area.
The permittee shall notify the Richmond Police Department and the Engineer and shall promptly repair any damage to structures or facilities caused by criminal activity, including, but not limited to, theft of copper.
As may be required by Section 4216 et seq. of the California Government Code, the permittee shall contact Underground Service Alert (USA) prior to commencing, and as appropriate during, any permitted work.
Upon the request of any person who has contracted to perform work on a public right-of-way, the permittee shall provide accurate detailed information regarding the location of its existing and proposed structures in the public right-of-way.
To the maximum extent allowed by law, permittee shall indemnify, defend, release, and hold harmless the City, its agents, officers, employees, boards, commissions and contractors ("Indemnitees") against any and all liabilities, losses, claims, actions, causes of action or demands whatsoever against any of them, including claims for any injury to or death of any person or damage to property or other liability of any nature, including, but not limited to, Attorney's and expert fees and court costs, arising out of or connected in any way with the installation, operation and maintenance of any facilities in, or the use of any public right-of-way by, permittee or permittee's employees, officers, officials, agents, transferees, contractors or subcontractors pursuant to the permit or agreement issued under this chapter; provided, that the obligation to indemnify the City under this subsection shall not apply to any liabilities, losses, claims, actions, causes of action or demands caused by indemnitee's sole negligence, willful misconduct or criminal acts.
To the maximum extent allowed by law, permittee shall indemnify, defend, release, and hold harmless Indemnitees against any claim, action or proceeding brought to attack, set aside, void or annul the environmental review process for and/or approval of a permit issued pursuant to this chapter.
The City reserves the right to inspect any structure or facility installed in the public right-of-way and to demand of the permittee timely correction of any deficiencies in operation or maintenance. The City further reserves the right to demand at any time that within ten (10) business days the permittee produce current, complete and accurate maps, plans, diagrams, and records pertaining to any structure or facility installed in the public right-of-way.
Installation or construction of structures and facilities in the public right-of-way shall be completed and all construction-related damage to the public right-of-way shall be repaired within two (2) years from the date the encroachment permit is issued, unless for good cause the Engineer grants a written extension of the time to complete installation, construction or repair.
The permittee shall operate and use the structures and facilities placed in the public right-of-way solely and exclusively for the purposes and uses expressly stated in the application. A change in purpose, use, or operator of the structures and facilities requires approval of a transfer in accordance with Section 12.30.080 of this chapter.
The Engineer reserves the right to suspend the encroachment permit if necessary to protect the public from imminent danger and to take such action as is necessary to correct the condition posing the danger. In the event of an emergency suspension, the Engineer shall notify the permittee and provide an opportunity for a hearing in accordance with the procedures set forth in Section 12.30.090 of this chapter.
If placement of structures and/or facilities in the public right-of-way conflicts with the City's construction, reconstruction or maintenance work in the public right-of-way, the permittee shall, at its own expense, relocate the structures and/or facilities in accordance with Section 12.30.070 of this chapter.
When the facilities and/or structures encroaching in the public right-of-way are removed and/or abandoned, the permittee shall, at its own expense, restore the public right-of-way to a condition the same as or better than its condition before the facilities and/or structures were installed. Failure to so restore the public right-of-way may be deemed a violation of this chapter and a public nuisance, subject to abatement by the City pursuant to any applicable provision of law including, but not limited to, Chapter 9.22 of this Code.
Such other reasonable conditions, including installation of facilities or structures to address accessibility and drainage, as may be deemed necessary by the Engineer to protect the public health, safety and welfare.
Notwithstanding anything to the contrary in Section 12.30.050(1)(C) of this chapter, whenever any area of the City is declared to be an underground utility district, it shall be unlawful for any video service provider, utility or special district to erect, construct, use, operate or maintain their facilities aboveground.
Where the insurance and indemnification conditions stated in subsection (2), above, conflict with the provisions of a franchise or other agreement between a video service provider, utility or special district and the City or state, the provisions of such franchise or other agreement shall apply.
A video service provider, utility or special district encroachment permit shall terminate on the date specified therein, or upon abandonment of the facilities and/or structures constructed pursuant to such permit. If no date is specified in the encroachment permit, it shall be considered to be of indeterminate duration.
12.30.060 - Posting and appeal.
Posting of Decision. The Engineer's decision to grant or to deny a permit shall be in writing and shall be delivered to the applicant within five (5) calendar days of the decision. Notice of a decision to deny a permit shall specify the reason(s) for denial. Notice of a decision to approve a permit shall be posted at the City of Richmond Engineering Services public counter commencing on the date of the decision and shall be posted at the site of the approved encroachment for a period of not less than ten (10) calendar days commencing within five (5) calendar days from the date of the decision (cumulatively, the "appeal period"). No permit shall be issued until after the expiration of the appeal period, if no appeal is timely filed, or until the final resolution of any appeal.
Appeal. Any person aggrieved by the Engineer's decision on a video service provider, utility or special district encroachment permit application may appeal by submitting a written appeal to the City Clerk, along with the applicable appeal fee as provided in the City's Master Fee Schedule, within fifteen (15) days of the date of the decision. The City Council shall hold a hearing on the appeal at a regularly scheduled meeting not less than fourteen (14) days and not more than forty-five (45) days after receipt of the appeal, and shall give the applicant and
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the appellant at least ten (10) days written notice of the date and time of the hearing. The decision by the City Council on the appeal shall be final.
12.30.070 - Relocation of facilities.
If any future construction, reconstruction or maintenance work is required by the City or Agency in the public right-of-way that necessitates the relocation, removal or abandonment of an encroachment, the permittee shall relocate, remove or abandon the encroachment at the permittee's sole expense, unless such requirement is in conflict with any applicable state or local statute or franchise.
When relocation is required, the Engineer shall make written demand of the permittee that the encroachment be relocated within the public right-of-way to a satisfactory location provided by the Engineer, and shall designate a reasonable time for such relocation or removal. In determining what is a reasonable time under this section, the Engineer shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the property to the owner, and other facts peculiar to the particular situation.
12.30.080 - Transfer.
No video service provider, utility or special district encroachment permit may be transferred by the permittee to another person or entity without the express written consent of the Engineer, at his or her sole discretion.
12.30.090 - Violations—Revocation and other penalties.
Any violation of this Chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the City under this Code or under state law. Potential enforcement measures include but are not limited to the following:
Fine. Whenever a City inspector finds that a video service provider, utility or special district subject to this chapter has placed or is placing an encroachment in the public right-of-way without the appropriate permit, the video service provider, utility or special district shall be required to (1) stop work, if construction is on-going, (2) apply for a permit, and (3) pay both the permit fee and a fine equal to the permit fee;
Suspension. Whenever the Engineer finds that a suspension of an encroachment permit is necessary to protect the public health or safety from imminent danger, the Engineer may immediately suspend any such permit pending a hearing for remedial action or revocation. The Engineer shall, within three (3) working days of the emergency suspension, give written notice of such suspension to the permittee, by personal service or by first class mail, postage prepaid, to the last known address of the permittee. The permittee may, within fifteen (15) days after service of such a written notice of suspension, file with the City Manager a request for hearing regarding the suspension. The City Manager or his or her designee shall schedule a hearing on the suspension within five (5) working days of receipt of a request for hearing. If the City Manager or his or her designee, after the hearing, finds that the public health or safety requires correction or alteration of any condition caused by, or existing on the site of the encroachment, he or she shall issue one or more of the following:
An order to correct any particular noncompliance,
A revocation of the encroachment permit,
A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected, A modification or reinstatement of the encroachment permit, with conditions as necessary to prevent harm to the public.
The City Manager or his or her designee shall, within ten (10) days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee shall be final, except a decision to revoke the permit which may be appealed to the City Council in accordance with Section 12.30.060(b) of this chapter; Revocation. The Engineer may recommend that the City Manager revoke a permit where she or he finds that:
The permittee has violated any provision of this Code or condition of the permit, The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter, or The encroachment for which the permit was granted adversely affects the safety, capacity or integrity of the City's public right-of -way or increases the City's liability exposure,
The encroachment is causing the City to incur substantial additional maintenance costs, or Material misrepresentations, omissions or inaccuracies were made in the application for the permit.
The Engineer shall give the permittee at least ten (10) days' written notice of a hearing before the City Manager or his or her designee on the proposed revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the public hearing, the City Manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit. The City Manager or his or her designee shall, within ten (10) days after the close of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee may be appealed to the City Council in accordance with Section 12.30.060(b) of this chapter. (Source: Ordinance No. 21-08 N.S.)
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Richmond, California, Code of Ordinances >> Article XII - PUBLIC WORKS >> Chapter 12.32 - MAINTENANCE OF PIPES, MAINS, CONDUITS AND CAR TRACKS >>
Chapter 12.32 - MAINTENANCE OF PIPES, MAINS, CONDUITS AND CAR TRACKS Sections:
12.32.010 - Moving pipes, mains, etc. likely to interfere with improvement.
12.32.020 - Removal and replacement of water pipes likely to damage improvement.
12.32.030 - Removal and replacement of water pipes likely to damage existing pavement.
12.32.040 - Notice to alter.
12.32.050 - Work to be done without delay.
12.32.060 - Service of notice.
12.32.010 - Moving pipes, mains, etc. likely to interfere with improvement.
Whenever any pipe, main, conduit or car track in or upon any public street in the city of Richmond is situated or located so as to interfere with, impede or prevent the performance of any public work or improvement in or upon such street, or whenever any such pipe or main used for the carrying or transmission of water is so situated or located that it is likely to become broken, crushed or damaged in the performance of any such public work or improvement the person owning, operating or maintaining such pipe, main, conduit or car track shall upon written notice, in the form as hereinafter provided in Section 12.32.040, from the superintendent of streets of the city of Richmond lower, raise or otherwise move such pipe, main, conduit or car track so that the same shall not so interfere with or be so damaged by such public work or improvement.
12.32.020 - Removal and replacement of water pipes likely to damage improvement.
Whenever any existing pipe line or main or portion thereof used for the carrying or transmission of water in any public street in the City of Richmond being improved or about to be improved as aforesaid is found by the superintendent of streets to be deteriorated to such extent that it is leaking or likely to leak and therefore likely to injure and damage any pavement, base or subgrade being constructed or about to be constructed in or upon such street, the person owning, operating or maintaining such pipe or main shall upon written notice in the form hereinafter provided in Section
12.32.040 from the superintendent of streets remove such deteriorated pipe and replace it with new pipe.
12.32.030 - Removal and replacement of water pipes likely to damage existing pavement.
Whenever any existing pipe or main or portion thereof used for the carrying or transmission of water in any paved public street in the City of Richmond has deteriorated to such an extent that by reason of leakage of water therefrom the pavement, base or subgrade of such street is being damaged, the person owning, operating or maintaining such pipe or main shall, upon written notice in the form as hereinafter provided in Section
12.32.040 from the superintendent of streets, remove such deteriorated pipe and replace it with new pipe.
12.32.040 - Notice to alter.
Whenever it becomes necessary for any of the reasons hereinabove set forth to require the lowering, raising or otherwise moving of any pipe, main, conduit or car track or to require the removal and replacing of any existing pipe or main used for the carrying or transmission of water, the superintendent of streets shall give written notice to the person owning, operating or maintaining the same to forthwith at his own cost and expense and in the manner prescribed and set forth in such notice, raise, lower or otherwise move such pipe, main, conduit or car track or remove and replace such pipe or main used for the carrying or transmission of water; and the person so notified as aforesaid shall within twenty-four hours after the receipt of such notice commence the work required thereby to be done and shall continue and complete such work without delay and within the time specified in the notice by the superintendent of streets.
12.32.050 - Work to be done without delay.
In the event any such pipe, main, conduit or car track so required to be raised, lowered or otherwise moved or any such pipe or main so required to be removed and replaced is being used by any person for furnishing water, gas, electric light, heat or power, transportation or other service to the general public such person shall conduct said required work in such manner as to not unnecessarily delay said public service.
12.32.060 - Service of notice.
Any notice provided in this chapter to be given may be served in the same manner that a summons is required to be served in any civil action under the laws of the state of California.
(Source: Ordinance No. 664.)
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Richmond, California, Code of Ordinances >> Article XII - PUBLIC WORKS >> Chapter 12.36 - MAINTENANCE AND CONSTRUCTION OF SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS >>
Chapter 12.36 - MAINTENANCE AND CONSTRUCTION OF SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS Sections:
12.36.010 - Title.
12.36.020 - Scope.
12.36.025 - Property owner responsibility to repair and maintain sidewalk.
12.36.030 - Actions prohibited.
12.36.040 - Guarantee deposit fee.
12.36.050 - Transfer of guarantee deposit.
12.36.060 - Permit.
12.36.070 - Inspection—Fee.
12.36.080 - Transfer of permit for construction of sidewalks, driveways, curbs or gutters.
12.36.090 - Control of work—Construction of sidewalks, driveways, curbs and gutters—Compliance with permit and adopted specifica tions.
12.36.100 - Driveway defined—Approved width.
12.36.110 - Elimination of abandoned driveway—Authority of director of public works.
12.36.120 - Same—Notice.
12.36.130 - Same—Proceedings to assess costs.
12.36.140 - Temporary obstructions.
12.36.150 - Same—Public safety.
12.36.160 - Removal of obstructions.
12.36.161 - Parking strip.
12.36.170 - Schedule of fees.
12.36.180 - Incorporation of Chapter 22, Improvement Act of 1911.
12.36.190 - Incorporation of Chapter 27, Improvement Act of 1911.
12.36.010 - Title.
This chapter shall be known as the sidewalk ordinance.
12.36.020 - Scope.
This chapter sets forth rules and regulations to control the repair and construction of sidewalks, driveways, curbs and gutters, and the removal of obstructions from sidewalks, driveways, curbs and gutters; establishes the administrative procedures for issuance of permits; and provides for the control of obstructions placed where the construction, alteration or repair work is performed for the purpose of safeguarding persons and property against unreasonable hazards resulting from uncontrolled construction practices, in the interest of public health, welfare and safety.
12.36.025 - Property owner responsibility to repair and maintain sidewalk.
The owner of a parcel of real property which fronts on any portion of a sidewalk between the property line of the parcel and the street line, including the parking strip and the curb, is responsible for the repair and maintenance of the sidewalk and shall pay the cost and expense of repair and maintain said sidewalk area whether or not the City has notified the owner of the need for such repairs or maintenance or has performed similar repairs or maintenance in the past.
The owner of a parcel of real property is under a duty to members of the general public, including but not limited to users of the sidewalk, to keep the portion of any sidewalk described in subsection (a) in a safe condition.
The failure of the owner to fulfill the duties imposed by subsections (a) and (b), or the performance of such duties and obligations by the owner in a negligent manner, shall constitute negligence. An owner shall be liable to any member of the general public injured on or by a sidewalk area if the owner's negligence hereunder is a proximate cause of the injury. The City shall not be liable for an injury caused by the negligence of an owner.
(Ord. No. 14-00 N.S., § 1, 5-9-2000)
12.36.030 - Actions prohibited.
It is unlawful for any person to perform any work within the scope of this chapter except for the removal of obstructions, without first having obtained a permit from the department of public works pursuant to this chapter.
12.36.040 - Guarantee deposit fee.
A licensed concrete contractor desiring a permit pursuant to this chapter must first deposit with the director of public works of the City of Richmond a guarantee deposit fee as hereinafter provided. No fee is required when a homeowner desires a permit pursuant to this chapter to do work on the frontage of his own home.
The guarantee deposit shall be retained by the City of Richmond for a period of twelve months after the date of the completion of the work called for in the last permit issued, and no permit shall be issued unless such guarantee deposit shall be reimbursed by the depositor for any deductions made as provided in this chapter. If within twelve months after the completion of the work called for in any permit the sidewalk and/or curb and gutter and/or driveway should break, disintegrate or otherwise fail to comply with the provisions of this chapter, the director of public works shall notify the person making the deposit of such break, disintegration, or failure, and specify the repairs needed or work to be done, and such person shall, within ten days from the date of such notice, make such specified repairs. If such repairs are not made within the fixed time, the same may be made by the director of public works and the cost thereof shall be paid from the guarantee deposit on hand with the City.
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After a lapse of twelve months from the date of completion of work called for in the last permit issued to any permittee, upon written demand of such permittee, or his successors or assigns, where such transfers or assignment is made in the manner as hereinafter provided, accompanied by a certificate from the director of public works stating that all needed repairs have been made, and that all the conditions of this chapter have been complied with, the City of Richmond shall return the guarantee deposit, or such portion thereof as may remain after deduction of all fees for repairs and work done as aforesaid, to the permittee or his said successors or assigns. (Amended by Ordinance No. 58-79 N.S.)
12.36.050 - Transfer of guarantee deposit.
The guarantee deposit may be transferred to another party where such transfer is made pursuant to a judgment of court, or by an agreement of dissolution of a partnership or upon a bona fide sale of the business of the person having ceased to do work under the permit, and entitled to a return of the deposit as provided in this chapter. In the event of any transfer, the receipt for such deposit, or satisfactory proof of the loss of same, must be delivered to the director of public works for verification. No transfer shall be made of the deposit other than as provided in this section.
In the event of a transfer of the guarantee deposit, such transfer shall in no way affect the liability of the deposit for any work done by the person transferring the deposit, nor shall it in any way affect the liability of such person under the provisions of this chapter.
12.36.060 - Permit.
The director of public works shall charge a fee for each and every permit issued, in addition to inspection and engineering fees as hereinafter provided in this chapter. In no case shall a permit be granted to construct sidewalks, curbs and/or gutters where the council has declared its intention to construct such sidewalks, curbs and/or gutters under the general laws of the state of California, and also provided that in the event any of the terms or conditions of this chapter are not complied with, no further permit shall be issued to such person while noncompliance continues to exist, or while such person is indebted to the City of Richmond for money expended in accordance with the terms and conditions of this chapter.
12.36.070 - Inspection—Fee.
It shall be the duty of the director of public works to cause an inspection to be made of sidewalks, driveways, curbs and gutters constructed under the permit, to ascertain whether such work is being done, or has been done, in accordance with the provisions of this chapter and the permit issued therefor.
The director of public works shall charge an inspection fee for all installations of sidewalk, driveway, curb or gutter as hereinafter provided. (Amended by Ordinance No. 58-79 N.S.)
12.36.080 - Transfer of permit for construction of sidewalks, driveways, curbs or gutters.
No construction and/or repair of sidewalks, driveways, curbs and/or gutters to be performed under a permit issued pursuant to this chapter shall be performed except by or under the supervision of the designated permittee, who shall also be the person who is responsible to the owner or contractor for the work. In the event that it shall be ascertained that any work is being done, or has been done, under a permit issued to anyone other than the person responsible to the owner for the work, and in the event it shall be proven that the use of the permit was with the knowledge and consent, express or implied, of the designated permittee, then the guarantee deposit made by such permittee shall become forfeited to the City of Richmond.
12.36.090 - Control of work—Construction of sidewalks, driveways, curbs and gutters—Compliance with permit and adopted specifications.
All sidewalks, driveways, curbs and/or gutters must be repaired and/or constructed in every particular in accordance with the permit therefor issued; must be completed within thirty days from the date of the permit, unless an extension of time thereon is granted by the director of public works. If all of the construction and/or repair work of any sidewalk and/or driveway is not completed at the expiration of the time allowed by the permit appertaining thereto, and in accordance with the terms of this chapter, the director of public works may notify the contractor to complete the work within two days, and if no so completed, the director of public works is authorized to have the same done at the expense of the contractor, and his guarantee deposit, or as much thereof as may be necessary, shall be applied in payment therefor. Such work must be in accordance with such specifications as may be adopted by the City of Richmond, from time to time, for the construction and/or repair of sidewalks, driveways, curbs and/or gutters.
12.36.100 - Driveway defined—Approved width.
A "driveway" is defined as any approach leading to or from a street which passes over or upon the curbing, parking, or sidewalk area, for the purpose of a vehicular approach. Such driveway width shall not be less than twelve feet or more than twenty feet at the curbline except that with the approval of the director of public works, such driveway may be constructed to a greater width.
12.36.110 - Elimination of abandoned driveway—Authority of director of public works.
The director of public works shall have the power and authority to determine that the use for which a driveway was constructed has been abandoned and give written notice requiring that, at the owner's expense, the curb, parkway and sidewalk shall be restored to its original condition, or that a curb be constructed if none previously existed and that the parkway and sidewalk be constructed to established grade.
12.36.120 - Same—Notice.
Such notice, as required in Section 12.36.110, shall particularly specify what work is required to be done, how the same is to be accomplished, and what materials shall be used. The notice shall be given personally by service upon the owner or person in possession of the property facing such driveway, or by placing such notice in the United States mail in a sealed envelope addressed to the person in possession of
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such property, or to the owner thereof, addressed to his last known address as the same appears on the last equalized assessment rolls of the City of Richmond, and when no address so appears, to general delivery, City of Richmond, with postage prepaid.
12.36.130 - Same—Proceedings to assess costs.
If such work is not commenced within two weeks after such notice is given as aforesaid and diligently without interruption prosecuted to completion, the director of public works shall proceed to cause such work to be done in the manner and pursuant to the provisions of this chapter.
12.36.140 - Temporary obstructions.
The permit granted pursuant to this chapter shall carry with it the right to place, or cause to be placed, upon the street adjacent to the place where the construction, alteration or repair work is to be performed, such materials or equipment as may be necessary for use in performing such work, provided, however, that such materials and equipment shall not occupy more than one-third of the roadway in front of the construction work, and shall be placed thereon subject to the direction and approval of the director of public works. In no event shall the equipment or materials be placed within five feet of any railroad track. All materials, debris, and equipment shall be so placed as not to obstruct any gutterway, and shall be so cared for as to prevent material from being blown or otherwise carried into any gutterway, or any catch basin, or any portion of the street other than that lawfully occupied by such obstruction. No material or other obstruction shall be placed within fifteen feet of fire hydrants, which must remain at all times readily accessible to the fire department.
The permit shall prescribe the date when work shall begin, and the time of occupancy of the street, provided, however, that the director of public works may order the materials, equipment and debris, or any portion thereof, to be removed within three days after written notice, and in the event the same is not removed within the time prescribed by the director of public works, or in the permit, as the case may be, the director of public works may cause the same to be removed and charge the costs thereof against the guarantee deposit. The placing of materials and equipment upon the street for the purpose of such construction work and the removal thereof shall be held to be part of such construction work. In the construction and/or repair of sidewalks, driveways, curbs and/or gutters, all rejected and refuse materials shall be removed immediately and all surplus materials shall be removed from the site within two days after completion of the work.
12.36.150 - Same—Public safety.
Whenever the construction or repair of sidewalks, driveways, curbs and/or gutters, or other improvement contracts or undertakings require the temporary occupancy of any portion of a public street or a public sidewalk and a permit has been granted for such occupancy pursuant to the provisions of this chapter, such permit and such occupancy shall be subject to the provision that permittee furnish and maintain such facilities as fences, barriers, "street closed" signs, lights and watchmen as may be necessary to provide adequate protection and prevention of avoidable accidents to the public.
Where such facilities or any of them are not provided or are out of service and an emergency exists that necessitates protective measures, the director of public works, or his representative, may provide such facilities during the emergency and the cost thereof shall be paid by the permittee or deducted from any deposit made with the City of Richmond as a condition to the granting of such permit.
The director of public works, or his representative, before taking the above-mentioned emergency action, shall take all steps reasonable under the circumstances to notify the permittee, or his known representative, of the existing conditions and allow such permittee to care for the same, provided he acts promptly and expeditiously.
12.36.160 - Removal of obstructions.
Every owner of real property in the City of Richmond shall keep the entire width of the sidewalks in front of such property from curb to lot line, free and clear of all weeds, rubbish, debris, or other obstructions, excepting obstructions permitted by law, which from any cause whatever shall have accumulated or may accumulate upon the sidewalk above the established grade of the same.
The director of public works may order the weeds, rubbish, debris, obstructions or materials to be removed within two weeks after written notice is given, and in the event same is not removed within the time prescribed by the director of public works, the director of public works may cause the same to be removed and the cost of the same shall be a lien on the property.
12.36.161 - Parking strip.
It is unlawful to place loose rock, decorative stones or pebbles, bark, asphalt or any other surfacing not specified hereafter in any strip of land used and maintained for parking between any property line and street. It is lawful to pave with concrete, brick, or exposed aggregate concrete in such a parking strip by first obtaining a permit from the director of public works.
In any of the above-mentioned situations, the director of public works may require that planting areas be left in the parking strip for the planting of street trees and may require the planting of such trees as a condition of such permit. (Added by Ordinance No. 4-70 N.S.)
12.36.170 - Schedule of fees.
The applicant shall pay to the City of Richmond in the office of the director of public works such fees as may be established from time to time by resolution of the council of the City of Richmond in the following categories:
Permit Fee. A separate application and permit fee is required for each and every site.
Inspection Fee. Based on the total area of sidewalk, driveway and gutter and the linear feet of curb, as herein provided.
Engineering Services. When engineering services are necessary for the proper construction of improvements, such services shall be furnished by the director of public works and fees shall be charged therefor.
Guarantee Deposit Fee. A deposit fee to guarantee contractor's work from any failure or breakage for a twelve-month period.
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12.36.180 - Incorporation of Chapter 22, Improvement Act of 1911.
The provisions of Chapter 22 of Part 3, Division 7, Streets and Highways Code of the state of California (cited as the "Improvement Act of 1911") are hereby expressly referred to and by such reference are made a part of this chapter.
12.36.190 - Incorporation of Chapter 27, Improvement Act of 1911.
The provisions of Chapter 27 of Part 3, Division 7, Streets and Highways Code of the state of California (cited as the "Improvement Act of 1911") are hereby expressly referred to and by such reference are made a part of this chapter. (Source: Ordinance No. 1804)
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Richmond, California, Code of Ordinances >> Article XII - PUBLIC WORKS >> Chapter 12.44 - EXCAVATION, GRADING AND EARTHWORK CONSTRUCTION* >>
Chapter 12.44 - EXCAVATION, GRADING AND EARTHWORK CONSTRUCTION* Sections:
12.44.010 - General provisions.
12.44.020 - Definitions.
12.44.030 - Permits, reports, fees and surety.
12.44.040 - Control of work.
12.44.050 - Safety and general requirements.
12.44.060 - Design standards and grading regulations.
12.44.070 - Appeals.
12.44.080 - Nuisances.
12.44.010 - General provisions.
Purpose and Intent. The primary purposes of this chapter are to protect life, limb and property, to promote and enhance the general public welfare and a superior community environment, and insofar as it is economically feasible, to ensure the maximum possible preservation of the natural scenic character of major portions of the City, by establishing minimum standards and requirements relating to land grading, excavations and fills, and procedures by which these standards and requirements may be enforced. It is intended that this chapter be administered with the foregoing purposes in mind and with a view to:
Ensuring that future development of lands, particularly in the hillside areas of the City, occurs in the manner most compatible with surrounding areas and so as to have the least adverse effect upon other persons or lands, or upon the general public; Ensuring that soil will not be stripped and removed from lands within the City, leaving them barren, unsightly and susceptible to erosion, subsidence and faulty drainage;
Ensuring the regulation of grading private property in order to control erosion, control sedimentation and to protect the water quality of water courses, waterbodies and wetlands;
Encouraging the planning, design and development of building sites in such fashion as to provide the maximum in safety and human enjoyment, while adapting development to and taking advantage of the best use of the natural terrain; Encouraging and directing special attention toward retaining and protecting, insofar as practical, the natural planting and a maximum number of existing trees.
Scope.
This chapter sets forth rules and regulations to control excavation, grading, and earthwork construction, including fills or embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction.
The provisions of this chapter are supplementary and in addition to the zoning and subdivision regulations of the City. The provisions of this chapter shall be read and construed in connection with and as an integrated part of the zoning and subdivision chapters and the patterns of land development control established thereby.
In the event of conflict between this chapter and Chapter 33 of the most recently adopted Uniform Building Code entitled "Excavation and Grading," this chapter shall take precedence.
Actions Prohibited. It shall be unlawful for any person to:
Perform any work within the scope of this chapter without a permit from the Building Official.
Grade in such a manner so as to:
Cause erosion or sedimentation on other property or on public streets; Obstruct or otherwise interfere with drainage, or deposit sediment in natural or artificial drainage facilities; or Construct or alter drainage facilities or alter drainage courses without first obtaining a grading permit pursuant to Section
12.44.030(c) of this chapter.
Administration. The Building Official, or the Building Official's designee, is hereby designated responsible for the administration of this chapter.
Title. This chapter shall be known as the "City of Richmond Grading Ordinance."
12.44.020 - Definitions.
Definitional Preamble. For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain words, terms and phrases used herein are defined as set out in this section. "Applicant" means any person, partnership, corporation, groups of persons or agency requesting permission to engage in any grading activity.
Upon issuance of permit, the applicant is the designated permittee. "Bedrock" means a relatively solid, structured material in place either at the ground surface or beneath surficial deposits of soil. "Bench" means a step terrace, or flat land area constructed in the face of a cut or fill slope for maintenance, access, and drainage purposes. "Borrow" means earth material acquired from an off site location for use in grading on a site. "Building pad" means that area of a lot, parcel or site which will be occupied by the building structure, and includes any other structure or improvement attached, adjoining or adjacent thereto.
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"California Storm Water Best Management Practices Hand Books" or "Hand Book" means the latest published editions of the three manuals entitled Industrial/Commercial, Construction, and Municipals published by the State of California. "Civil engineer" means an engineer licensed by the State of California to engage in the practice of civil engineering. "Compaction" means the act of compacting or densifying soil and rock material to a specified density, and the resulting densified state of the material.
"Critically expansive soil and other soil problems" means soil conditions which have the potential to cause damage to improvements, including streets, structures and buildings. Such soils shall be tested by acceptable procedures to provide data suitable for making adequate designs for the improvements.
"Diversion" means a temporary or permanent facility including a channel, ditch, or berm constructed across a sloping land surface to intercept and divert surface runoff in order to control its erosion potential. "Earth material" means any rock, soil or any combination thereof. "Engineering geologist" means a geologist licensed by the State of California to engage in the practice of engineering geology. "Engineering geology" means the application of geological data and principles to engineering problems dealing with naturally occurring rock and soil for the purpose of forming an opinion that geological factors are recognized and adequately interpreted in engineering practice. "Erosion" means the wearing away, detachment and movement of the ground surface by wind, water, ice or gravity. "Erosion and Sediment Control Manual" means the latest edition entitled, "Manual of Standards for Erosion and Sediment Control Measures," published by the Association of Bay Area Governments (ABAG). "Excavation" means any act by which earth material is cut into, dug, quarried, uncovered, removed, displaced or relocated and shall include the conditions resulting therefrom.
"Fill" means a deposit of earth material placed by artificial means and shall include the condition resulting therefrom. "Final Erosion and Sediment Control Plan" means a plan that depicts the permanent erosion control measures designed for a completed project.
"Geological report" means a report prepared by an engineering geologist, based on a study and investigation of the site by an engineering geologist, including such geological structures and characteristics as fault line, fault creep, and landslide, and shall include recommendations for the execution, testing, and control of all grading operations proposed. "Geotechnical engineer" means a civil engineer licensed by the State of California to engage in the practice of civil engineering who is experienced in and is engaged in professional practice in the field of geotechnical engineering. "Geotechnical engineering" means the application of the principles of soil mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof. "Geotechnical and geological reconnaissance report" means a report as described in Section 12.44.030(g). "Grade" means the vertical locations of the ground surface. "Existing or natural grade" means the grade prior to disturbance. "Rough grade" means the stage at which the grade approximately conforms to the approved plan. "Finished grade" means the final grade of the site which conforms to the approved plan. "Grading" means any excavation, stripping, cutting, filling, stockpiling, clearing and grubbing, or any combination thereof which alters land or vegetation.
"Hillside site" means a site having an average slope of fifteen percent (15%) or greater. "Interim Erosion and Sediment Control Plan" means a plan that depicts a set of erosion control measures designed for a project in an active or passive construction mode between October 1st and April 15th. An active construction project is a site where improvement progress is made within the rainy season. A passive project is a site which is not disturbed during the rainy season, with the exception of erosion control maintenance. "Key" means a trench or step cut into natural ground to hold fill on an existing slope. "Mulching" means the application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place, and aid in establishing plant growth.
Private Storm Drain Facility Easement. This "easement" means the perpetual maintenance obligations incurred by an owner of a subdivided (improved) parcel containing storm drain facilities installed by permittee within parcel. "Quarry" means any premises or site from which any rock, sand, gravel, stone, earth, soil, or mineral is removed or excavated for the purpose of disposition away from the immediate premises, whether such disposition is immediate or in the future; excepting excavation necessary for the construction of a building or structure on the site of the excavation for which valid permits have been issued, and excepting excavation which is all or part of a grading operation to change the contours of the land in conformance with a plan approved by the Building Official for which a grading permit has been issued.
"Rainy season" means the period of time between October 1st and the following April 15th.
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"Runoff" means the surface flow of water.
"Sedimentation" means the process by which mineral, organic matter or soil is removed from its site of origin, transported, and then deposited by water, wind, or gravity.
"Sediment basin" means a reservoir which retards flow sufficiently to cause or allow deposition of transported sediment. "Site" means any lot or parcel of land or contiguous combination where grading is to be performed or permitted. "Site Grading Plan" (or "Grading Plan") means a plan as required by Section 12.44.030(d). "Slope" means an inclined ground surface the inclination of which can be expressed as either a ratio of horizontal distance to vertical distance or the ratio of vertical distance to horizontal (100-foot increment) expressed as a percentage. "Soil" means earth material of whatever origin that overlies bedrock. "Stockpile" means a supply of earth, rock, gravel, sand, or other similar material temporarily accumulated and stored prior to final disposition. "Terrace" means a relatively level step of flat area constructed in the face of the graded slope surface for drainage and maintenance purposes.
"Watercourse" means a drainage channel or natural creek carrying water for a substantial part of the year.
12.44.030 - Permits, reports, fees and surety.
Grading Permit Required. Except as otherwise provided in Section 12.44.030(b), no person shall do any grading without first obtaining a grading permit from the Building Official for any of the following activities:
The excavation or removal of earth or rock from the surface layers of the ground; The movement of earth around, along, over, or on the surface of the ground; The deposition, placement, or compaction of earth materials for the construction of embankments; The stockpiling of earth materials or importing of borrow from off-site locations. A permit shall be required from the jurisdiction which has authority over the borrow site;
The clearing of vegetation preparatory to a grading operation. A separate permit shall be required for each site, unless the sites are contiguous and the entire area is included in the plans accompanying the application. One permit may cover both an excavation clearing and a fill on the same site.
Exception to Permit Requirement. A grading permit is not required for the following:
An excavation which:
Is less than five (5) feet in depth below natural grade and adequately supported by a retaining structure designed in accordance with the Uniform Building Code, or
Does not create a cut slope greater than seven (7) feet in height, or steeper than two (2) horizontal to one (1) vertical, or Does not exceed fifty (50) cubic yards;
A fill not intended to support structures and which does not obstruct a drainage course or alter existing drainage patterns if:
Such fill is placed on natural grade that has a slope not steeper than five (5) horizontal to one (1) vertical, or Is less than three (3) feet in depth at its deepest point, measured vertically upward from natural grade to the surface of the fill, or Does not exceed fifty (50) cubic yards;
Minor land leveling for agricultural farming, if the average ground elevation is not changed more than three (3) feet; Cemetery graves;
An excavation below finished grade for basements and footings of structures authorized by a valid building permit or trench excavations for the purpose of installing underground utilities, if to be backfilled to natural grade; Grading in refuse disposal areas and sanitary landfills, mining, quarrying, processing or stockpiling of rock, sand, gravel, aggregate, or clay, for which a use permit has been granted by the City, provided that such operations do not affect the lateral support or increase the stresses in, or pressure upon, any adjacent or contiguous property and are consistent with the grading practices set forth herein, and where the work does not block or divert any natural drainage way or increase runoff or sedimentation onto any adjacent or contiguous property;
Improvement of watercourses and construction of drainage, irrigation, and domestic water supply systems and facilities performed under the supervision of the Flood Control District, an agency of the federal or state government, a water or sanitation district, or an irrigation or reclamation district, or the City;
The construction, repair and maintenance of levees for river and local drainage control performed by a governmental agency; Emergency work, as authorized by the Building Official, necessary to protect life, limb or property, or to maintain the safety, use or stability of a public way or drainage way;
Excavation for installation of underground storage tanks where the capacity of the tanks does not exceed twenty thousand (20,000) gallons;
Grading in an isolated, self-contained area if the Building Official determines that no danger to private or public property is likely to result from the grading operations;
The structural section of subdivision streets in tracts for which subdivision improvement plans have been reviewed by the City Engineer and the work is being inspected by that department; Temporary local borrow pits for road materials and topsoil for landscaping situated within a larger ownership being subdivided into smaller tracts, if the material is being used entirely within the tracts being subdivided, and if the excavation does not endanger properties under other ownerships or create a public nuisance or safety hazard as determined by the Building Official. The land shall be graded to comply with this chapter on cessation of excavation within the pit areas;