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HomeMy WebLinkAbout768 Septage Receiving Regulations:~`'i ORDINANCE NO. 768 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE li TO DIVISION 4 CHAPTER 2 OF THE UKIAH MUNICIPAL CODE (SEPTAGE RECEIVING REGULATIOPJS} The Ukiah City Council does ordain as follows: Section 1. Article 11 is hereby added to Division 4 Chapter 2 of the Ukiah Municipal Code to read as follows: ARTICLE 11 - RECEIVING STATION USE FOR DOMESTIC SEPTIC TANK CLEANINGS Section 3781 - Purpose: The purpose of this Article and of the Receiving Station Service Fees and Charges prescribed hereunder is to regulate the discharge of domestic septic tank cleanings into Receiving Station facilities at the Ukiah Wastewater Treat- ment Plant and to derive revenue which shall be used only for the acquisition, construction, reconstruction, maintenance and operation of the Ukiah LJaste- water Treatment Plant Receiving Station and the sewage treatment plant facilities. Section 3782 - Permit Required: No person shall deliver or discharge domestic Septic tank cleanings into the Ukiah Wastewater Treatment Plant Receiving Station facilities provided for such delivery and discharge, unless such person has a va]id and subsisting Receiving Station Use Permit (hereinafter "Permit") issued by the City pursuant to the provisions of this Article. Section 3783 - Issuance of Permit: No person shall be issued a permit to use the Receiving Station facilities to deliver and discharge domestic septic tank cleanings unless such person has filed with and furnished to the Department of Public Works: a) An application on a farm provided by the Department of Public Works Collector; b) The cash or corporate surety bond in the sum of $1,000 described in Section 3785; c) The insurance policies and/or certificates described in Section 3787; and d) Evidence of current unrevoked registration with the Mendocino County Health Department under Chapter 6 of Division 20 of the California Health and Safety Code authorizing such person to engage in the business of disposing of the cleanings of domestic septic tanks and Mendocino County Code, Chapter 9.12. Upon receipt thereof the Department of Public Works shall issue such permit to the applicant. Section 3784 - Permit Non-Assignable: r • ,A1 ~_) A permit issued hereunder is personal to the applicant to whom it is issued and is not subject to transfer or assignment. Section 3785 - Faithful Performance Bond: No person shall deliver or discharge the cleanings of domestic septic tnaks or chemical toilets into the Ukiah Wastewater Treatment Plant Receiving Station facilities unless such person maintains in full force and effect, a cash bond or a corporate surety bond in the sum of $1,000 in form approved by the City Attorney, conditioned upon the faithful performance by the permittee of all provisions required to be performed and complied with by permittee under this Section. The condition of the bond shall be that the amount therof shall be paid to the City if permittee does any of the following: a) Delivers or discharges any substance other than the cleanings of domestic septic tanks into the Ukiah Wastewater Treatment Plant Receiving Station facilities; or b) Discharges therein any of those substances which by the provisions of Section 3791 are prohibited from discharge into City's sanitary sewer system. c) Disposes of sewage or wastes in an unlawful manner within the service area of said Receiving Station; or d) Is delinquent in paying for charges and fees billed by the Director of Finance under this Seciton; or e) Otherwise fails to comply with the provisions of this Article. Upon payment of any sum to City under such bond, permittee shall immediately furnish and file with City such cash or surety bonds as may again equal the total amount of the bond required hereunder. No interest shall be paid by City to permittee on any cash bond deposited. Section 3786 - Bond Not Exclusive Remedy: The remedies providing for satisfaction of the obligations set forth in Section 3785 are cumulative and not exclusive, and are in addition to any other remedies to which City may be lawfully entitled. Each person shall remain per- sonally liable for any obligation or liability incurred in operations subject to regulation under this Article to the extent that bond proceeds are insufficient to satisfy the same. Section 3787 - Insurance: No person shall deliver or discharge the cleanings of domestic septic tanks into the Ukiah Wastewater Treatment Control Plant Receiving Station facilities unless i ./~)~:I such person, at his sole cost and expense, maintains in full force and effect the following policies: a) Public liability and property damage insurance insuring such person against claims for personal injury and property damage, (including motor vehicle coverage) which may arise by reason of the nature of the work or from the operations conducted under this Article by such person, his officers, employees and all other persons engaged to conduct such operations thereby. b) A separate policy or policies naming the City of Ukiah and its respective officers and employees as sale insureds, insuring against all operations conducted by, for or on behalf of such person, and insuring against the omissions and supervisory acts of City of Ukiah and their respective officers and employees with respect to said operations; said policy shall provide or contain an endorsement that the coverage afforded thereby shall be primary coverage to the full extent of liability stated in the declarations, and that if such City of Ukiay, its respective officers or employees have other insurance against the loss covered by said policy, such other insurance shall be excess insurance only. Each such policy shall provide coverage in the following minimum amounts: For eprsonal injury (including death) $100,000 per person, $300,000 for mare than one person, per occurrence; property damage $50,000 on account of any one occurrence, with an aggregate limit of not less than $200,000 for any policy year. Each such policy shall bear an endorsement precluding cancellation or reduction in coverage unless not less than 10 days prior thereto, written notice is given by the insurer to City Clerk, City Hall, 203 South School Street, Ukiah, California 95482. Permittee shall cause to be filed with City's Director of Public Works a certificate of insurance issued by the insurer evidencing the policy required under (a) above, and the original policy required under (b) above. Not less than 10 days prior to the effective date of cancellation, expiration or other termination of each such policy, the permittee shall cause replacement cover- age to be filed with the Director of Public Works. City's Director of Public Works shall file with the City Clerk all certifi- cater and insurance policies received under this Article. Section 3788 - Charges and Fees: Charges and fees shall be set by resolution of the City Council from time to time as it shall deem appropriate. Section 3789 - Source Certification: No person shall be permitted to deliver or discharge materials at the ~; , Receiving Station without delivering to the Director of Public Works prior to such delivery or discharge, written certification of the source of collection of said materials on a form approved by the Director of Public Works. The source certification form shall note the date and time of collection, the city and street address of the property from which the materials were collected and shall bear the signature of the owner or occupant of the property. Section 3790 - Improper Discharge: No person shall deliver or discharge into the Receiving Station facilities any industrial waste nor any substances whose discharge into the City's sanitary sewer system is prohibited by local, State or federal law. Section 3791 - Sludge, Solids Prohibited: No person shall deliver or discharge into the Receiving Station facilities any sludge or solids of sewage treatment plants or water treatment plants. Section 3792 - Monitoring Wastes: The City shall have the right by and through its officers, employees or other persons engaged by City to do so, to take such samples of materials delivered by any person into the Receiving Station facilities as the City in its sole discretion may deem appropriate to obtain a representative sample of each delivery's contents. Such sample may be taken prior to, during or after any such delivery and discharge. Without being limited thereto, results of analyses made of such samples at the Ukiah Wastewater Treatment Plant Labora- tory may be used to determine permittee's conformance with the requirements of this Article. By acceptance of the permit issued hereunder, permittee consents and agrees that such samples may be so taken and used. In the event the City determines that any such delivery contains substances not permitted to be delivered or discharged hereunder, permittee shall forth- with comply with City's order or direction that they not be so delivered or discharged. Section 3793 - Records; Billing: Administrative matters such as recording of deliveries, invoices, payments, delinquencies and collections shall be established by resolution as may be required to implement this ordinance . Section 3794 - Regulations and Procedures: City's Director of Public Works is authorized to adopt rules, regulations and procedures relating to the operation of the Receiving Station to establish a schedule of service and to provide a safe, efficient and sanitary use of the Receiving Station facilities, and to implement the provisions of this Article. .y i ~)~ The Director may deny or suspend the use of Receiving Station facilities to any person who fails to comply with such rules, regulations and procedures. Section 3795 - Compliance with Director's Rules: It shall be unlawful for any person to fail to comply with any written rule, regulation or procedure adopted by City's Director of Public Works pur- suant to this Article which relate to the delivery or discharge of sanitary sewage into Receiving Station facilities of the Ukiah Water Pollution Control Plant. Section 3796 - Identification of Hauling Vehicles: Access to and use of Receiving Station facilities shall be granted only to vehicles bearing, in two inch (2") high letters on both sides of the hauling vehicle, the name and address of the holder of a permit issued under this Article and the vehicle load capacity, and to which vehicle there is permanently affixed evidence of a City of Ukiah Receiving Station Use Permit as provided by the City. Section 3797 - Suspend, Revoke Permit: The Director of Public Works or his authorized deputy, may, upon reasonable notice and hearing, suspend or revoke any permit issued under this Article if he finds and determines that any person: a) Has submitted a permit application that is fa]se in any material respect; or b) Has failed to maintain in full force and effect, the bonds or insurance required under this Article; or c) Has personally or through any employee or other person engaged to do so, delivered or discharged any substances other than the cleanings of domestic septic tanks into the Receiving Station facilities or has delivered or discharged therein any substances prohibited from discharge into the City's sanitary sewer system; or d) Has disposed of any sanitary sewage or waste in an unlawful manner anywhere within the service area; or e) Has violated any State, County or City law or regulation regarding the hauling of sanitary sewage, including liquid wastes; or f) Failed to maintain an unrevoked registration for sisposition of septic tank cleanings under California Health and Safety Code Sections 25000 et seq. where required to dispose of such cleanings under this Article. g) Has failed to conform to any provision of this Article required to be compled with by him; or h) Has filaed to pay, before delinquency, any fees or charge due under this Article. If the Director determines by reason of emergency circumatances that the immediate preservation of the public health and safety require that such per- mit be suspended immediately and without prior hearing, he may do so; pro- vided, however, that he shall make a written finding as to the emergency circumstances which justify such immediate action, and forthwith give to permittee written notice thereof of the time, not exceeding fifteen (15) days, when the Director will conduct a hearing to determine whether such suspension shall be continued and/or the permit shall be revoked. Notice of any proceeding hereunder shall be served personally upon the permittee or by registered mail addressed to permittee at this place of business shown upon records in the License Contractor's office, or to such other address of permittee as may be known to the Director of Public Works. Section 3798 - Director's Decision: After any hearing required under this Article, the Director of PUblic Works shall make a written decision setting forth his findings and his action thereon. A copy of the decision shall be served upon permittee in the manner provided for notice of hearings; the decision is final in 10 days after service. Section 2. This ordinance shall be published as reauired by law in a newspaper of general circulation published in the City of Ukiah. Section 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED this 19th day of August, 1981, by the following roll call vote: AYES: Councilmembers Hickey, Feibusch, Riley, Myers NOES: None ABSENT: Councilwoman Snyder s/Charles G. Myers ATTEST: Mayor s/Hattie Tillotson City Clerk