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HomeMy WebLinkAbout845212 ORDINANCE NO. 845 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH REPEALING PORTIONS OF ARTICLES 1 THROUGH 8, DIVISION 4, CHAPTER 2, OF THE UKIAH MUNICIPAL CODE, REPEALING AND/OR RENUMBERING PORTIONS OF SECTIONS 3700-3779 THEREOF AND ADDING NEW ARTICLES AND SECTIONS TO DIVISION 4, CHAPTER 2 ESTABLISHING A NEW SYSTEM OF SEWERAGE REQUIREMENTS AND CHARGES The City Council of the City of Ukiah does hereb~ ordain as follows: Section One. Articles 1, 2, 3, 6, and 8 of Division 4, Chapter 2 of the Ukiah Munici- pal ~ode and Sections 3700 - 3729, 3740 - 3742, and 3760 - 3765 thereof are hereby repealed. Section Two. Sections 3745 , 3746, 3747, 3748 and 3750 of Article 7 of Division 4, Chapter 2 of the Ukiah Municipal Code ~re hereby repealed. Sections 3749 and 3751 - 3758 are hereby renumbered and re-enacted as Sections 3707.11A - 3707.11I and are made part of Article 6 of Division 4, Chapter 2 as enacted by Section Four of this Ordinance. Section Three. Articles 4A, 5, 9, 10, and 11 of Division 4, Chapter 2 of the Ukiah Municipal Code are hereby renumbered and re-enacted respectively as Articles 11, 12, 13, 14, and 15, thereof with no change in section number references. Section Four. New Articles 1 - 10 of Division 4, Chapter 2 of the Ukiah Municipal Code are hereby added to read as follows: ARTICLE 1. SEWERS AND SANITATION Section 3700.0 Definitions Section 3700.1 City shall mean the City of Ukiah. Section 3700.2 District shall mean the Ukiah Valley Sanitation District Section 3700.3 County shall mean the County of Mendocino, California. Section 3700.4 State shall mean the State of California. Section 3700.5 Board shall mean the Board of Directors of the Ukiah Valley Sanitation District. Section 3700.6 Director of Public Works shall mean the Director of Public Works of City. Unless and until a separate appointment is made, the Director of Public works shall perform all duties of sewer inspector under the terms of this Ordinance. Section 3700.7 City Engineer shall mean any person designated by the City Council of the City of Ukiah to perform the services required by this Ordinance. Section 3700.8 Section 3700.9 Permit shall mean any written authorization required pursuant to this or any other regulation of City of Ukiah for the installation of any sewerage work. Applicant shall mean a person or entity making applica- tion under the provisions of this article for a permit for a sewer or plumbing application. An applicant shall be the owner or an authorized agent of the owner of premises to be served by the sewer for which a permit is requested. Section 3700.10 Co~tractor shall mean a person or entity duly licemsed by the State of California to perform the type of work to be done under the permit. 213 Section 3700.11 Section 3700.12 Single Family Unit shall mean and refer to the place of residence for a single family. One Sewer Service Unit is defined as being a single unit of sewer discharge having characteristics cf flow, biochemical oxygen demand (B.O.D.) and suspended solids equivalent to that generated and discharged by a zypical single family residential unit. Section 3700.13 Multiple Dwelling shall mean a building or buildings on a single parcel for residential purposes containing more than one kitchen or having facilities for the occupancy of more than one family, including, but not limited to, the following: Hotels, Motels, Auto Courts, Trailer Courts, Apartment Houses, Condominiums, Duplex, Rooming House, Boarding House, Guest House and Dormitories. Section 3700.14 Section 3700.15 Section 3700.16 Streets shall mean any public highway, street, alley, public place, public easement or right-of-way. Sewerage Works shall mean all facilities owned or con- trolled by the City except private sewers, for collect- ing, pumping, treating and disposing of sewage. Sewage shall mean water carried wastes from residences, business buildings, institutions and industrial estab- lishments. Section 3700.17 Section 3700.18 Sewer shall mean a pipe or conduit for carrying sewage. Public Sewer shall mean a sewer lying within a street or easement which is controlled by or under the jurisdiction of City and/or District. Section 3700.19 Sanitary Sewer shall mean a sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted. Section 3700.20 Combined Sewer shall mean. a sewer designed to receive both surface run-off and sewage. Section 3700.21 Storm Sewer or Storm Drain shall mean a sewer which carries storm and surface or groundwaters and drainage, but to which sewage is not intentionally admitted. Section 3700.22 Main Sewer shall mean a public sewer designed to accom- modate more than one lateral sewer. Section 3700.23 Side Sewer shall mean the sewer line beginning at the foundation wall of any building and terminating at the main sewer and shall include the building lateral and street lateral together. Section 3700.24 Section 3700.25 Street Lateral shall mean the portion of a side sewer lying within a public street connecting a building lateral to the main sewer. Building Lateral shall mean that portion of a side sewer beginning at the plumbing or drainage outlet of any building or industrial facility and running to the property line or to a private sewage disposal System. Section 3700.26 Private Sewer shall mean a sewer serving an independent sewage disposal system not connected with a public sewer and which accommodates one or more buildings or uses. Section 3700.27 Outside Sewer shall mean a sanitary sewer beyond the limits of the City of Ukiah not subject to the control or jurisdiction of City of Ukiah. 214 Section 3700.28 Section 3700.29 Section 3700.30 Section 3700.31 Section 3700.32 Section 3700.33 Section 3700.34 Section 3700.35 Section 3700.36 Section 3700.37 ARTICLE 2. SectiOn 3701.1 Section 3701.2 Section 3701.3 Sewage Treatment Plant shalI mean any arrangement of devices and structures used for treating sewage. Garbage shall mean solid waste from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce. Standard Specifications shall mean a set of documents containing design and construction standards for all sewage works as adopted by District/City and as amended from time to time. Quality Characteristics and Analyses shall mean as defined in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association, or EPA Standard Procedures, and all sample collection, laboratory proce- dures of analyses, tests, measurements and data report- ing. Domestic Sanitary Sewage shall mean water carried wastes from residences, hotels, motels, restaurants and business establishments, but excluding all groundwater, surface water, storm water and industrial wastes. Industrial Wastes shall mean the wastes of producing, manufacturing and processing operations of every kind and nature. It shall not include domestic sanitary sewage. Storm Water shall mean the water running off or draining from the surface and sub-surface of an area during and after a period of rain or irrigation. Person shall mean any human being, individual, firm, company, partnership, association and private or publ,ic or municipal corpdrations, the United States of America, the State of California, distrf~:ts, and all political subdivisions and governmental agencies thereof. Public district shall mean any district organized under the laws of the State of California which is-authorized to engate in and is engaged in collecting and disposing of sewage. Public premises shall mean any premises owned of record by the City of Ukiah, the County of Mendocino, the State of California, or the United States of America. GENERAL PROVISIONS Short Title. This article shall be known as the WASTE- WATER ORDINANCE OF THE CITY OF UKIAH. Rules and Regulations. The following rules and regu- lations respecting sewer construction and disposal of sewage and drainage of buildings and connection to the sewer work of the City of Ukiah are hereby adopted, and all work in respect thereto shall be performed as herein required and not otherwise. Purpose and Retroactivit¥. This code is intended to provide rules and regulations for the use and con- struction of sanitary sewer facilities hereafter in- stalled, altered or repaired within the City of Ukiah. This code shall not apply retroactively, and in the event of an alteration or repair hereafter made, it shall apply only to the new materials and methods used therein, except for correction of defective sewers, elimination of area drainage or roof leader connection to sanitary sewers which permit or cause excessive infiltration or inflow. Such defects shall be corrected on notice. Section 3701.4 Section 3701.5 Section 3701.6 Section 3701.7 Section 3701.8 / Violation Unlawful. Following the effective date of this Ordinance, it shall be unlawfUl for any person to connect to, construct, install or provide, maintain and use any other means of sewage disposal from any building in said City and/or District except by connection to a public sewer in the manner as provided in this Ordinance or as otherwise specifically provided in this Ordinance. Relief on Application and Waivers. ~,~en any person, by reason of special circumstances, is of the opinion that any provision of this Ordinance is unjust or inequitable as applied to his premises, he may make written applica- tion to the Council stating the special circumstances. citing the provision complained of, and requesting suspension or modification of that provision as applied to his premises. If such application be approved, the Council may, but only to the extent compatible with State and Federal laws, rules and regulations pertaining to wastewater facilities constructed, in part, with grant funds, by resolution, suspend or modify the provision complaine~ of, as applied to such premises, to be effective as of the date of the application and continuing during the period of the special circumstances. The Council at its discretion may, but only to the extent compatible with State and Federal laws, rules and regu- lations pertaining to wastewater facilities constructed in part with grant funds, by resolution, waive, suspend,. or modify any requirement provision of this Ordinance. Permits and Fees. No public sewer, side sewer, building lateral or other sewage facility shall be installed, altered or repaired within the City of Ukiah until a permit for the work has been obtained from the City ,of Ukiah and all fees paid in accordance with the require- ments of this article and other ordinances, rules and regulations of City of Ukiah. Plumbing and Sewers on Private Property. The installa- tion, use, maintenance, repair and inspection of all plumbing and sewers within private property within the City of Ukiah shall be subject to the provisions of this article. Authority. This Ordinance is adopted pursuant to Sections 38660, 38742, and 38900 of the Government Code, Section 5470 et seq. of the Health and Safety Code, the Revenue Bond Law of 1941 and Section I1 of Article XI of the California Constitution, as now provided or hereafter amended. 215 ARTICLE 3. Section 3702.1 Section 3702.2 USE OF PUBLIC SEWERS REQUIRED Disposal of Wastes. It shall be unlawful for any person to place, deposit, or permit to be deposited upon public or private property within the City of Ukiah, or in any area under the jurisdiction or control of the City of Ukiah, any human or animal excrement, garbage or other objectionable waste. Treatment of Wastes Required. It shall be unlawful to discharge into any stream or watercourse any sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this Ordinance and other applicable City of Ukiah Ordinances. 216 Section 3702.3 Section 3702.4 Section 3702.5 Section 3702.6 ARTICLE 4. Section 3703.1 ! Unlawful Disposal: Except as herein provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage. B. No rain surface or subsurface water shall be con- nected to or discharged into any sanitary sewer system. C. No commercial food waste grinder shall be connected to a private sewage disposal system unless permis- sion has first been obtained from the Director of Public Works. D. No industrial wastes or high strength wastes shall be discharged into any sanitary sewer system except as provided in City of Ukiah Ordinances. E. An approved type watertight sewage or wastewater holding tank, the contents of which, due to their character, must be periodically removed and disposed of at some approved off-site location, shall be installed only when required by the Director of Public Works and the Health Officer to prevent anticipated surface or subsurface contamination or pollution damage to the public sewer, or other hazardous nuisance condition. F. Direct connection of swimming pool drains to sewers of the City of Ukiah are prohibited. Disposal of water and wastewater from swimming pools shall be in accordance with this Ordinance. Occupancy Prohibited. No building, industrial facility, or other structure shall be occupied until the owner of the premises has complied with all rules and regulations of City of Ukiah. Sewer Required. Any structure located within the City of Ukiah in which plumbing is to be installed and to which a public sewer is available shall, at the expense of the owner of the property, connect the plumbing of such structure directly to the proper public sewer in accor- dance with the provisions of this Ordinance. A public sewer shall be deemed to be available if a public sewer is located within 200 feet of the property line of the property involved. Sewer and Water Pipes. Side sewers or permitted drainage piping shall not be run or laid in the same trench with water service pipes or any underground water pipes unless BOTH of the following requirements are met: 1. The bottom of the water pipe at all points shall be at least twelve (12) inches above the top of the sewer line. 2. The water pipe shall be placed on a solid shelf excavated at one side of the common trench. PRIVATE SEWAGE DISPOSAL Sewer Not Available. Where a public sewer is not avail- able, as defined in Section 3702.5, the sewer of any structure ~ located within the City of Ukiah shall be connected to a Private sewage disposal system complying with the provisions of this article. 217 Section 3703.2 Section 3703.3 Section 3703.4 Permit Required. Before the commencement of construction of a private sewage disposal system, the owner or builder shall first obtain a written permit issued by the City Engineer and/or the Director of Public Works and/or the health officer of the County, whichever is required. Inspection Required. No private sewage disposal system shall be placed in use until the installation is in- spected and approved by the City Engineer and/or the Director of Public Works and/or the health officer. City of Ukiah shall be allowed to inspect the work at any stage of construction. City of Ukiah shall be notified by the applicant when 'the work is ready for final in- spection and before any underground portions are covered. Design Requirements. The type, capacities, locations and layout of a private sewage disposal system shall comply with all requirements of the Department of Public Health of the State of California and of the health officer. No private sewage disposal shall be permitted to discharge to any stream or water course. Section 3703.5 Abandonment of Facilities. At such time as a public sewer becomes available to property served by a private sewage disposal system, as provided in Section 3702.5, a direct connection shall be made to the public sewer in compliance with the ordinances, rules and regulations of City of Ukiah and any septic tanks, cesspools, and similar private sewage disposal faciiities shall be abandoned and filled with suitable material as determined' by the Director of Public Works. Exceptions to this Section shall be requested in writing to the City of Ukiah and may be approved by the Council. (a) Every abandoned building lateral or part therepf, shall be plugged or capped in an approved manner not more than five (5) feet from the property line. (b) Every cesspool, septic tank and seepage pit which has been abandoned or has been discontinued other- wise from further use or to which no waste or soil pipe from a plumbing fixture is connected, shall have the sewage removed therefrom and be completely filled with earth, sand, gravel, concrete or other approved material. (c) The top cover or arch over the cesspool, septic tank or seepage pit shall be removed before filling and the filling shall not extend above the top of the vertical portions of the sidewalls or above the level of any outlet pipe until inspection has been called and the cesspool, septic tank or seepage pit has been inspected. After such inspection, the cesspool, septic tank or seepage pits shall be filled to the level of the top of the ground. (d) No person owning or controlling any cesspool, septic tank, or seepage pit on the premises of such person in that portion of any public street, alley or other public property abutting such premises, shall fail, refuse or neglect to comply with the provisions of this Section or upon receipt of notice so to comply. (e) Where disposal facilities are abandoned consequent to connecting any premises with the public sewer, the permittee making the connection shall fill all abandoned facilities as required by the City of Ukiah within 30 days from the time of connecting to the public sewer. 218 Section 3703.6 Section 3703.7 Section 3703.8 Section 3703.9 ARTICLE 5. Section 3704.1 Section 3704.2 Section 3704.3 Section 3704.4 Section 3704.5 Section 3704.6 Maintenance by Owner. The owner of a private sewage disposal system shall, at his own expense, maintain such system in a manner consistent with the requirements and overall purpose of this Ordinance. Additional Requirements. No requirement contained in this Ordinance shall be construed to interfere with any additional requirements that may be imposed by any law, ordinance, rule or regulation of any governmental entity. Revocation. Any permit to construct and/or use a private sewage disposal system issued pursuant to this Ordinance may be revoked upon certification by the City Engineer and/or Public Works Director and/or health officer that such system is not adequate for the purpose for which it was intended, or is not in operating condition, or constitutes a hazard to the health of any person, or constitutes a public or private nuisance by entering water courses, polluting groundwater supplies, rising to the ground surface of any other detrimental effect. Pressure Sewers. Where a public sewer is not available and ground conditions are not suitable for septic tank effluent leach field disposal, application may be made for installation of a pressure sewer for transport and disposal of septic tank effluent to a public sewer. All pumping and maintenance shall be the responsibility of the applicant. Charges for such connection shall be determined by the City Engineer. BUILDING LATERALS, STREET LATERALS, CONNECTIONS Permit Required. In accordance with Article 9 of this Ordinance, no person shall construct a building lateral or make a connection with any public sewer without first obtaining a written permit from the City of Ukiah and paying all fees and connection charges as required herein. Design and Construction Requirements. Design and con- struction of building laterals and street laterals shall be in accordance with the requirements of the District and/or City as adopted from time to time, including but not limited to the Uniform Plumbing Code as adopted by the City of Ukiah. Separate Sewers. Every structure to be connected to a public sewer shall be separately and independently connected with a public sewer; excepting, where two or more structures are located on the same parcel of land, the requirement of separate connections may be waived by the City of Ukiah. Old Laterals. Old laterals may be used in connection with new construction if they are found, upon examination and test, to meet all requirements of City. Cleanouts. Cleanouts in building laterals shall be provided in accordance with the regulations and require- ments of the City of Ukiah as amended from time to time. Sewer too Low. In all buildings in which any building lateral is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building lateral shall be lifted by artificial means approved by the Building Official and Director of Public Works, and discharged to a manhole in the public sewer at the expense of the Owner. A backwater valve shall be 219 Section 3704.7 Section 3704.8 Section 3704.9 ARTICLE 6. Section 3705.1 Section 3705.2 Section 3705.3 installed. Backwater valves shall not be directly buried. A standard vent-trap and cleanout shall be installed in the side sewer between the building and the public sewer. The vent-trap and cleanout shall be installed so that it is on the Owner's property and at a location in the side sewer where the sewage will flow to the public sewer by gravity. The building owner shall be solely responsible for maintenance and operation of the sewage lifting facility and for maintaining.,a device that will avoid back-flow from the sewer to the premises. Connection to Public Sewer. Any connection into a public sewer shall be made in accordance with the requirements of City of Ukiah as adopted from time to time and at the applicant's expense. Any damage to the public sewer caused by such connection shall be repaired in accordance with the requirements of the City of Ukiah at the cost of the applicant. Maintenance of Side Sewers. Side sewers shall be main- tained by the owner of the property served thereby. Testing. Ail side sewers shall be tested in accordance with the City of Ukiah Standards. PUBLIC SEWER CONSTRUCTION Permit Required. No person shall construct or extend any public sewer without first obtaining a written permit from the City of Ukiah and paying all fees and connection charges and furnishing all bonds as required by the City of Ukiah. This subsection shall not apply to contractors constructing sewers and appurtenances under contracts entered into by the City. Design and Construction Standards. Minimum standards for the design and construction of sewers within the City of Ukiah shall be in accordance with the Standard Improve- ment Details adopted by the City and as amended from time to time. Copies of such requirements shall be available to the public at the office of the City Clerk. The City may, with the consent of the City Council, permit modi- fications or require higher standards where unusual conditions are encountered. Plans, Profiles and Specifications Required. The appli- cation for a permit for public sewer construction shall be accompanied by two complete sets of plans, profiles and specifications, complying with all applicable ordi- nances, rules and regulations of the City, prepared by a Civil Engineer registered in the State of California, showing all details of the proposed work based on an accurate survey of the ground. The application, together with the plans, profiles and specifications shall be examined by the City Engineer who shall within thirty days approve them as filed or require them to be modified as he deems necessary for proper installation. After examinations and approval by the City Engineer, the application, plans, profiles and specifications may be submitted to the City Council at its next regular meeting for its consideration. When the City Engineer is sat- isfied that the proposed work is proper and the plans, profiles and specifications are sufficient and correct, the City Engineer shall issue a permit predicated upon the payment of all connection charges, fees and furnish- ing bonds and deposits as required by the City of Ukiah. The permit shall prescribe such terms and conditions as the City Engineer finds necessary in the puolic interest. 22O Section 3705.4 Section 3705.5 Section 3705.6 Section 3705.7 Section 3705.8 Section 3705.9 SeCtion 3705.10 Subdivisions. The requirements of the above provision shall be fully complied with before any final subdivision map is approved. The final subdivision map shall provide for the dedication for public use of streets, in which public sewer lines are to be constructed. If a final subdivision map of a tract is recorded and the work of constructing sewers to serve the tract is not completed within the time limit allowed in the permit, the City of Ukiah may extend the time limit or may complete the work and take appropriate steps to enforce the provisions of the bond furnished by the subdivider. / Easements or Rights-Of-Way. In the event an easement is required for the extension of the public sewer or the making of connections, the applicant shall procure and have accepted by the City or District a proper easement or grant of right-of-way having a minimum width of ten feet sufficient in law to allow the laying and mainte- nance of such extension or connection. Persons Authorized to Perform Work. Only properly licensed contractors shall be authorized to perform the work of public sewer construction within the City of Ukiah. Ail terms and conditions of the permit issued by the City of Ukiah to the applicant shall be binding on the contractor. The requirements of this section shall apply to side sewer installed concurrently with public sewer construction. Compliance With Local Regulations. Any person construct- ing a sewer within a street shall comply with all state, county, or city laws, ordinances, rules and regulations pertaining to the cutting of pavement, opening, barricad- ing, lighting and protecting of trenches, backfilling and repaving thereof and shall obtain all permits and pay all fees required by the department having jurisdiction prior to the issuance of a permit by the City of Ukiah. "As-Built" Drawings. As a condition of final acceptance by the City of Ukiah, two sets of "As-Built" drawings showing the actual locations of all mains, structures, wyes, laterals, and other changes to the construction drawings, shall be filed with the City of Ukiah. Completion of Sewerage Works Required. Before acceptance of any sewerage works by the Council and prior to the admission of any sewage into the system, the sewerage works shall be tested and shall be complete in full compliance with all requirements of City of Ukiah. Reimbursement A~reement. Where the cost of the public sewer main extension has been deposited or paid by the person making such extension, the City of Ukiah may thereafter, but not for longer than ten years after the date of such extension is originally connected to the City sewerage system, collect from any person connecting to such extension, except the person originally instal- ling such extension, that fraction of the cost of such extension, as approved by the City of Ukiah, as the amount of front footage owned by such person subsequently connecting to such extension bears to the total amount of front footage held by potential users along the extension as determined by the City of Ukiah as of the time the extension is connected to the sewer system. Such sums as are thus actually received by the City of Ukiah shall be paid by the City of Ukiah to the person originally making such extension, but the City of Ukiah shall in no way be obligated to assure that the person making such extension is paid the total cost thereof nor to initiate any such action nor incur any expense to collect any sum to be paid such person; nor shall such refund be made from any other revenues of the City of Ukiah. Where more than one person contributes toward the making of! the extension, such sums as are actually collected shall be refunded to such persons, pro rata, according to the amounts which they severally contribute toward the cost of the extension and pursuant to the preceding plan. 221 Section 3705.11 Special Reimbursement Agreements. The City of Ukiah may, where special conditions exist, upon approval by the Council, enter into a special reimbursement agreement with the person making the public sewer extension. ARTICLE 7. USE OF PUBLIC SEWERS FOR DOMESTIC, COMMERCIAL AND INDUS- TRIAL WASTE CHARGES Section 3706.1 Objective. It is the objective of the City of Ukiah to regulate and control the quantity and quality of dis- charges into the sewer system so that they will not adversely affect the various collection, transmission, treatment, discharge requirements or environmental conditions and permit the City to treat wastewater to meet requirements of the Federal Government and the State of California and their designated agencies. The adverse effects can include: A. Health and safety of personnel employed in the operation maintenance of the sewage collection, transmission, and treatment facilities. Be The operational cost, maintenance and durability of collection, transmission and treatment facilities. Ce The quality of the receiving waters with respect to requirements established by the Federal Government~ and the State of California through their properly designated and responsible agencies. D. The air quality and pollution abatement requirements established by the Federal Government and the State of California through their properly designated and responsible agencies. E. Damage, deterioration, or excessive maintenance costs to sewage collection, pumping, treatment or disposal facilities. It is the general intent of the City of Ukiah to provide collection and treatment of domestic sanitary sewage and for commercial and industrial wastewaters that do not adversely affect the objectives stated hereinbelow and to provide equitable charges for the costs incurred. Section 3706.2 Permits. Permits to discharge into the sewerage system of the City of Ukiah anything but domestic sewage will only be granted in accordance with, and in consideration of, the special conditions of each case, and shall be subject to reasonable rules, regulations and requirements to prevent excessive alkalinity, acidity, organic, inorganic, odor producing, toxic or other deleterious substances. Section 3706.3 Acceptable Wastes. me Domestic Sanitary Sewage. The physical, chemical, and biological characteristics of domestic sanitary sewage shall be based on a daily composite average of the discharge and shall conform to the following limits. Waste Characteristics Maximum Concentration Hydrogen Ion Concentration(pH) Total Dissolved Solids Turbidity Color Biochemical Oxygen Demand Chemical Oxygen Demand Suspended Solids 5.5-10.00 500 Milligrams/Liter 250 JTU 550 PCU 200 Milligrams/Liter 500 Milligrams/Liter 300 Milligrams/Liter 222 Section 3706.4 Settleable Solids Sulfide Grease Toxicity (TLm Bioassay) Detergent (MBAS) Ammonia Phosphate (Total) Boron Chloride Sulfate 10 Milliliters/Liter/Hour 0.5 Milligrams/Liter 75 Milligrams/Liter 25% 10 Milligrams/Liter 60 Milligrams/Liter 25 Milligrams/Liter 1 Milligram/Liter 250 Milligrams/Liter 250 Milligrams/Liter Prohibited Wastes. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following water or wastewaters into public sewers. A. Rainwater or Uncontaminated Water. No person shall discharge or cause to be discharged any rainwater, storm water, groundwater, street drainage, subsur- face drainage, yard drainage, water from yard fountains, geothermal well water, ponds or lawn sprays or any other uncontaminated water into any sewerage facility which directly or indirectly discharges to facilities owned by the City of Ukiah. The provisions of this Section shall apply only to sanitary sewers. Be Explosive or Flammable Substances. Any gasoline, benzine, naptha, fuel oil, or other flammable or explosive solid, liquid, or solvent with a flashpoint less than 100 degrees F. C. Corrosive Materials. Any waste having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the City of Ukiah. D. Obstructions and Interferences. Solids or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interferences with the proper operation of the sewerage works, such as, but not limited to, ashes, cinders, sand, rocks, gravel, mud, straw, shavings, sawdust, oil, grease, metal, glass, rags, hair, hides, wool, feathers, tar, plastics, wood, unground garbage, paper dishes, cups, containers, etc., either whole or ground by garbage grinder. E. Garbage. Any garbage excepting properly shredded garbage from dwellings or restaurants engaged in preparation of foods and beverages for consumption. Properly shredded garbage shall contain less than five percent (dry weight basis) of material and able to pass a 3/8-inch screen. Fe Petroleum Products. Any mineral oils, greases or products of a petroleum origin or any excessive concentrations of nonbiodegradable oil, petroleum oil or refined petroleum products, or cutting oils, commonly called soluble oil, which form persistent water emulsions. G. ~uspended Solids. Any industrial process water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. Suspended solids discharged in industrial process wastewater shall have a dimension no larger than that of a 1/4-inch mesh. 223 He Coolin~ Water. Uncontaminated cooling water, unless special permission has been granted by the City Engineer. I, Toxic Substances. Any waters or wastes containing a toxic or poisonous substances in sufficient quantity to injure or interfere'with or create any hazard in the sewage treatment processes, effluent quality, or receiving water quality, requirements to humans, animals or plant life. The following is a partial list of toxic substances and their maximum concentration allowable by any discharge for admission into the sewerage system: Toxicant Maximum Allowable Concentration Milligrams/Liter Alluminum 10.0 Amnnonia (as nitrogen) 0.5 Antimony 0.5 Arsenic and Arsenicals 1.0 Barium 10.0 Benzine and Derivatives 0.5 Berrylium 2.0 Boron 1.0 Bromine 1.0 Cadmium 0.1 Casium 5.0 Chlorine 5.0~ Chromium (Hexavalent) 0.1 Chromium (Trivalent) 1.0 Cobalt 1.0 Copper 0.5 Cyanide and Nitrils 0.2 Flouride 2.0 Formaldehyde 1.0 Halogenated Phenols 0.01 Hydrogen Sulfide 0.5 Iodine 5.0 Iron 10.0 Lead 0.1 Lithium 5.0 Manganese 1.0 Mercury 0.005 Molybdenum 5.0 Nickel 1.0 Phenol, Cresols and Derivatives 0.5 Rubidium 10.0 Selenium 0.5 Silver 0.05 Sulfur 20.0 Thallium 1.0 Thorium 0.5 Tin 5.0 Titanium 4.0 Toluene 5.0 Trichloroethylene 5.0 Trinttophenol 0.5 Tungsten 50.0 Vanadium 2.5 Zinc 1.0 The maximum allowable concentration of toxic or poten- tially toxic materials not listed above will be de- termined on an individual basis. No industrial wastes shall be discharged which have a lethal toxicity as determined by a 96-hour static ,bioassay stickleback of less than a 25 percent concentration of wastewater. 224 J. Chemical Pesticides and Similar Toxicants. No chlorinated hydrocarbon, organo-phosphate or similar chemical compounds used as algaecides, bacteriocides, fungicides, herbicides, insecticides, or pesticides shall be discharged into the sewerage system in any concentration except as specifically approved by a written permit. K. Oxidizin~ and Reducin~ A~ents.. Strong oxidizing and reducing agents shall not be discharged into the sewerage system at concentrations exceeding the following concentrations except bv special permit. Maximum Concentrat ion Chlorine, Chlorine Dioxide, Potassium Permanganate, Ozone and other strong oxidants 5 Milligrams/Liter Sulfite, Thiosulfate, Nitrate and other strong reducing agents 5 Milligrams/Liter L. Radioactive Wastes. Radioactive wastes of any kind, except where: (1) The person is authorized to use radioactive materials by the State of California Department of Public Health, Atomic Energy Commission, or other governmental agency empowered to regulate the use of radioactive materials; (2) The waste is discharged in strict conformity with current State of California Department of Public Health or Atomic Energy Commission recommendations for safe disposal of radioacv tire wastes; (3) The person discharging the radioactive waste assumes full responsibility for any injury to personnel or damage to the sewerage system that may result from such discharge; (4) Radioactivity of the treated wastewater prior to disposal does not exceed limits established by the designated agencies of the State of California; and, (5) Residual radioactivity is within limits permit- ted by State or local regulation in final disposal. Any person discharging a radioactive waste to the sewerage system in accordance with the provisions of the preceding paragraph shall apply for a permit to discharge such wastes, and submit a periodic report of discharge occurrences and quantities. In the event of an acci- dental spill or any radioactive material into the sewerage system, the person responsible shall immediately notify the Director of Public Works. M. Nondegradable Wastes. Any water or wastes contain- ing substances which are not amenable to treatment or which cause the treatment plant effluent to fail to meet any discharge requirements established by the State of California or the United States Federal Government. (1) Unusual concentrations of inert suspended solids. (2) Excessive discoloration. 225 Section 3706.5 (3) Unusual BOD, chemical oxygen demand, or chlo- rine requirements in such quantities as to constitute a significant load on the sewage treatment plant. (4) Unusual volume of flow or slugs. As used herein, slug shall .mean any discharge of water, sewage or waste which in concentration of any given constituent or in quantity of flow exceeds for any period Of duration longer that fifteen minutes (15) more than five (5) times the average twenty-four hour concentration or flow during normal dry weather operation. O. Noxious and Malodorous Substances. Any noxious or malodorous substances which by themselves or by interaction with other wastes may create a public nuisance or hazard or make human entry into the sewers or other sewerage appurtenances extraordi- narily hazardous. P. Extreme Temperature. Any wastewater with a temper- ature exceeding 150 degrees F or a temperature lower than 33 degrees F. Restricted Waste Discharges. Any substances in any commercial or industrial waste discharge which may result in operational costs and maintenance of sewage collection and treatment facilities in excess of that required for normal domestic sanitary sewage of waste concentration as listed in Section 3706.4.A or with any of the prohibited waste characteristics as listed in Section 3706.5, and/or having an average daily flow greater than one-half of one percent (1/2%) of the average daily dry weather flow of the District/City shall be subject to the review and approval of the City of Ukiah. The discharges shall provide any of the following restrictions as approved by the City of Ukiah for acceptance of the wastewater into the sewer system. A. Pretreatment. Pursuant to Section 307(b) of the Federal Water Pollution Control Act Amendments of 1972, as presently existing or subsequently amended, all pretreatment for incompatible pollutants dis- charged at each industrial plant site to the public sewer shall be consistent with the effluent guide- lines published by the Environmental Protection Agency pursuant to Sections 301(b) and 304(b) of the Act. Be Flow Control. Limitation of the volume and rate of flow discharging into the sewer system to limit and equalize extremes of flow and waste concentration. Co Surcharge Payment. Require a payment, in an amount established by the Council to cover the added cost of handling and treating the wastes. If the City of Ukiah requires pretreatment or equalization of flow, the design and installation of the plants and equipment shall be subject to ~he review and ap- proval of the City of Ukiah and no construction of such facilities shall commence until said approval is obtained in writing. D. Damage Caused by Discharge. When the discharge of a commercial waste causes an obstruction, damage or other impairment to the sewerage system, the Dis- trict may assess a reasonable charge against the discharger for the work required to clean ~r repair the facility. 226 Section 3706.6 Section 3706.7 E. Limitations of Discharge Ouantitv and Rate of Discharge. The City Director of Public Works may limit the quantity and rate of any waste discharge, when in his judgment, the capacity of any part of the sewerage system would be overtaxed by the discharge, or the quantity or rate of discharge would impose a disproPortionate cost to the opera- tion of the seweragei system. In addition to commer- cial and industrial waste diScharges, the provisions of this paragraph shall apply to septic tank pumpages, cooling water, discharges, or other discharges from building heating, cooling or air conditioning systems. Discharge of any waste covered by this section shall not be discharged into the sewerage system until after specific approval of the quantity and procedures proposed has been granted by the City. Screenin~ Requirements Ao Domestic Sewage. Domestic sewage, if consisting essentially of human wastes, may be passed into sewers without screens. Bo Screenin~ Required for Other Sewage. The City Engineer may require such screening of any flow of "commercial or industrial" or other sewage as is required to protect the usefulness of the sewage system of the City. Such Screens shall have the equivalent to twenty (20) meshes to the linear inch, both directions. No insoluble material of such size that will not pass through the screen herein required, may be discharged or permitted to enter the sewage system of the City. Implementin~ Provisions. A. Waste Discharge Report. When required by the District/City, a commercial or industrial discharger shall complete and file with the City, within 30 days after written notification, a waste discharge report acceptable to the City. The City may require additional information as a part of the report, if, in the opinion of the City, insufficient information has been reported. On written request, the District/City may extend the time for filing an additional 30 days. The waste discharge report shall include, but not be limited to, nature of the process, volume, rates of flow, substances and concentrations in the waste discharge. The fore- going examples are in explanation and not in limita- tion of the information which the City may require. The City of Ukiah may, if the discharger fails to file a waste discharge report, after notice, take action as set forth in Article 11, Section 3710.4, Disconnection. B. Samplin~ Facilities. A discharger of any industrial waste shall, at his own expense, install a sampling manhole and metering and monitoring equipment to facilitate observation, sampling, and measurement of the discharger's waste. Such sampling facility shall be acceptable to the City of Ukiah for the purposes required, shall be safely located, acces- sible at all time, and constructed in a manner and with materials in conformance with City of Ukiah regulations. These facilities shall be maintained in good condition at all times by the discharger at his expense. Sampling facilities shall be installed within ninety (90) days after notice by the City of Ukiah. 227 C. Notice of Violation. Whenever the Director of Public Works finds that discharge of any waste is, or threatens to become a public nuisance or a violation of established requirements, including but not limited to this Ordinance, other ordinances and resolutions, he shall issue an order specifying such nuisance, violations~ or threatened violations, and ordering compliance within the time schedule spec- ified therein. Non-compliance with such order shall constitute a violation of this Ordinance. D. Serious and Immediate Hazards. Nonwithstanding the provisions of any other section of this Ordinance, whenever in the judgment of the Director of Public Works, it appears that any waste discharge is causing any condition constituting a hazard to the life, health or safety of any person, or to the sewage system, the Director of Public Works is empowered to terminate service immediately. E. Maintenance of Pretreatment Facilities. Where pretreatment facilities are provided for any waters, or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense and to the satisfaction of the City of Ukiah. Fe Interceptors Required. Grease, oil and sand interceptors shall be provided when in the opinion of the City of Ukiah they are necessary for the proper handling of liquid wastes, containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredient; except that such interceptors shall not be required for buildings used for residential purposes. Ail interceptors shall be of a type and capacity currently designated by the Uniform Plumbing Code, and shall be so located as to be readily and easily accessible for cleaning and inspection. In addition, commercial or industrial waste discharges may be required to provide holding tanks with provision for neu- tralization, temperature control or rate-of-discharge control to avoid slug loadings or excessive flow rates. The Director of Public Works may require screening of any flow of commercial or industrial sewage as is required to protect the usefulness of the sewage system of the District/City. Such screens shall have the equivalent to twenty (20) meshes to the linear inch, both directions. No insoluble material of such size that will not pass through the screen herein required, may be discharged or permitted to enter the sewage system of the City of Ukiah. G. Maintenance of Interceptors. Ail grease, oil and sand interceptors shall be maintained by the owner at his expense, in continuously efficient operation at all times, and corrected immediately on notice of deficient operation. H. Measurements and Tests. Ail measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", or EPA Standard Procedures, and shall be determined at the control manhole provided for, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control shall be considered to be the nearest downstream manhole in the public sewer to the point at which the side sewer is connected. 228 Section 3706.8 Section 3706.9 Special Agreements. No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the City of Ukiah and any industrial concern whereby an industrial waste of unusual strength or character may be accepted for treatment, subject to City of Ukiah payment therefor by the industrial concern and subject to such terms .and conditions as might be required by the DiStrict/City. J. Right of Entr~. The Director of Public Works, and other duly authorized employees of the District/City bearing proper credentials and identification, shall be permitted to enter all properties served bv the City for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Ordinance. Accidental Discharges A. Each discharger shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Ordinance. Where necessary, or as directed by the District/City, retention basins, dikes, storage tanks or other facilities designed to eliminate, neutralize, offset or otherwise negate the effects of prohibited materials or wastes discharged in violation of this Ordinance shall be installed. B. Dischargers shall notify the Director of Public Works immediately when accidental discharges of wastes in violation of this Ordinance occur so that counter-measures may be taken by the District/City to minimize damage to the sewer system, treatment plant, treatment processes and the receiving waters. Such notification will not relieve dischargers of liability for any expense, loss or damage to the sewer system, treatment, or treatment process, or for any fines or judgments imposed on the District/City on account thereof under Section 13000 et seq. of the California Water Code or violation of Section 5650 of the California Fish and Game Code. Co In the event of accidental discharge in violation of this Ordinance, discharger shall furnish the Dis- trict and City, within fifteen (15) days of the date of occurrence, a detailed written statement describ- ing the causes of the accidental discharge and the measures being taken to prevent future occurrence. D. In order that employees of dischargers be more fully informed of City of Ukiah requirements, copies of this Ordinance shall be permanently posted on bulletin boards of dischargers together with such other industrial waste information and notices which may be furnished by the City of Ukiah from time to time directed toward more effective water pollution control. E. Sewer connections within the discharger's plumbing or drainage system shall be appropriately labeled to warn operating personnel against discharge of any substance in violation of this Ordinance. Changes in Pretreatment and Waste Discharge Requirements The provisions contained herein relating to pretreatment and to prohibited waste discharges and as to limitations and restrictions on waste discharges are subject to regulations by State and Federal authorities and are subject to the terms and conditions of th~ ~ational Pollution Discharge Elimination System Permit heretofore 229 ARTICLE 8. Section 3707.1 Section 3707.2 Section 3707.3 Section 3707.4 issued to the City. Should the State and Federal regu- lations be modified or should the National Pollution Discharge Elimination System Permit be amended, the requirements of this Ordinance shall be suspended to the extent that such standards shall be immediately applica- ble upon the effective date of such State or Federal regulations or of the amendment to the National Pollution Discharge Elimination Sys~em'~Permit. SEWER SERVICE CHARGES Rates. The rates set forth hereafter shall be the rates for all premises connected to public sewers within or under the jurisdiction and control of the City of Ukiah. These rates shall be subject to modification and change which may be made by resolution of the Council. These rates, although stated on a monthly basis, may be billed monthly, bi-monthly, or quarterly as determined from time to time by the Council. Charges for sewer services to any premises connected with the City Water and/or Electric systems shall be collected together with, and not separately from, the charges for services to said premises, and shall be billed upon one bill and collected as one item. Each premise or user connected to the public sewage system shall be classified under one of the following user categories and shall be subject to the rates spec- ified for such category. Premises or users which are susceptible to classification under two or more of such user categories shall be specially classified by City of Ukiah and shall be subject to rates established by City of Ukiah which shall allow for a reasonable usage allo- cation. Residential Users. Residential users are defined as e~ch living unit of single family dwelling, apartment houses and mobile homes. This user category shall pay a monthly service charge per living unit (one sewer service unit at the rate established by Resolution). Transient-Resort Users. Transient-resort users are defined as premises which offer units for occupancy on a transient basis, such as motels, and premises which offer units for occupancy on a combined permanent and transient basis. This user category shall pay a monthly service charge as specified for commercial users based on water used during a typical winter month. Average water consumption for a typical winter month shall be estab- lished by the Director of Public Works from available water usage records. Commercial and Public A~encies. Ail commercial establish- ments, public utilities, and public agency facilities shall be on a rate per service unit established by Resolution. There shall be a minimum charge of one service unit for each water meter unless it can be shown that a particular meter is used exclusively for irriga- tion water, in which case there shall be no service charge. If a sewer connection receives its water from other than a metered domestic water system, such as the City of Ukiah, Millview Water District, or Willow Water District, the water use must be metered, unless another method of determining water or sewage usage is approved by the City Engineer. 230 Section 3707.5 Section 3707.6 Section 3707.7 The following designated water metered commercial, public utilities, and public agency facilities premises shall be charged the service unit rate for the number cf service units of metered water used during a typical winter month and computed on the following basis: SIC USER ONE SEWER SERVICE UNIT PER 05812 Restaurants & Bars 3000 Average Gallons per Mo. or any fraction thereof 07261 Mortuaries 3300 Average Gallons per Mo. or any fraction thereof 05411 Markets 3600 Average Gallons per bio. or any fraction thereof 05541 Service Stations 07011 Motel/Hotel 6600 Average Gallons per Mo. or any fraction thereof 6600 Average Gallons per Mo. or any fraction thereof 08062 Hospital 7200 Average Gallons per Mo. or any fraction thereof Various Misc. Commercial, Office, Fairgrounds, Public & Private Schools, Nursery Schools, and all other users not specifically listed. 7800 Average Gallons per Mo. or any fraction thereof The following commercial premises shall be charged the service unit rate for the number of service units of metered water used during an average month determined over a 12-month period: SIC US ER ONE SEWER SERVICE UNIT PER 07211 Laundries 5400 Average Gallons per Mo. or any fraction thereof 07211 Laundromats 7800 Average Gallons per Mo. or any fraction thereof Septa~e and Chemical Toilet Wastes. Charge for discharge septage or chemical toilet wastes to treatment plant receiving facility shall be in accordance with Article 11, Division 4, Chapter 2 of the Ukiah Municipal Code and implementing Resolution. Industrial User. Any non-governmental user of publicly owned treatment works identified in the Standard Indus- trial Classification Manual, 1972, Office of Management & Budget, as amended and supplemented under the following divisions: A. Division A - Agriculture, Forestry and Fishing; B. Division B - Mining; C. Division D - Manufacturing; D. Division E - Transportation, Communication, Electric, Gas and Sanitary; E. Division I - Services. A user in the divisions listed may be excluded if it is determined that the user will introduce primarily seg- regated domestic wastes or wastes from sanitary conve- niences. 231 Section 3707.8 Section 3707.9 Industrial Waste Discharge Monthly Service Charze: Industrial connections shall be charged such fees as the City Engineer deems reasonable to pay for additional costs, including compliance with requirements for bio- chemical oxygen demand removal, other treatment, gallonage of flow, and any other sewage characteristics as the Citv Engineer deems appropriate and as delineated hereinafter, i . Industrial Waste Char~e~. The industrial waste charges for each industry shall be determined by the following formula: Annual Operating Charges. Total char~e/Oeriod -- A (V) + B (BOD) + C (SS). Section 3707.10 Section 3707.11 A, B, C - unit charge rates established semiannually by the City calculated on the previous period's costs of maintenance, operation, administration and depreciation based on the parameter allocations in accordance with Appendix E of the Revenue Guidelines for Wastewater dated April 1983, including any amendments or revisions. V = Volume of water in million gallons per period. BOD = Biochemical Oxygen demand in pounds per period. SS = Total suspended solids in pounds per period. A = Allocated cost for each million gallons of flow. B = Allocated cost per pound of biochemical demand. C = Allocated cost per pound of total suspended solids.. Parameter V, BOD, and SS are measured at entry point to public sewer system. The City Engineer shall set minimum requirements for sampling, analysis and flow measurement for the discharge necessary to establish quantities to be used in the above formula. Billin~ and Collection. A. Billing. The regular billing period will be for each calendar month, or bi-monthly, or as determined by the Council. Be Openin~ and Closin~ Bills. Opening and closing bills for less than the normal billing period shall be for not less than one month. Ce Billin~ Time. Bills for sewer service shall be rendered at the beginning of each billing period and are payable upon presentation. D. Penalties. If the bill is not paid within 15 days from the due date, a basic penalty of ten percent will be added thereto and on the first day of each calendar month thereafter a penalty of one-half of 1% of the amount of the delinquent bill shall also be added and become due. ge Collection by Suit. As an alternative to any of the other procedures herein provided, City of Ukiah may bring an action against a person or persons who occupied the premises when the service was rendered for the collection of the amount of the delinquent rate and all penalties and costs of collection including a reasonable attorney's fee. Collection With Other Utility Char~es. A. With Utility Charges. Where the person charged is a user of another utility owned and operated by City, or of another utility service furnished '~v ~ public- ly or privately owned public util'~v which has 232 Section 3707.12 Be agreed to collect on behalf of ~he City of Ukiah, the charges may be collected togect~er with and not separately from the charges for the c~her utility service rendered by it. They may be billed upon the same bill and collected as one item. Discontinuance of Service Upon Delinquency. Upon delinquency, the other utility service shall be discontinued until full payment of the dual charges and penalties thereon and the charges for recontin- uance of service. Co Time. Said discontinuance shall continue until such time as all delinquent charges are paid in full; resumption of service to occur as otherwise provided by ordinances and regulations of the City of Ukiah. Collectin~ Delinquent Sewer Char~es. me Advance Payment Without Discount. Any payment made in advance of due date or delinquency date shall be without discount. B. Unpaid Char~es a Lien Where Premises Not Connected to Cit~ Water, Electric, or Gas Service. Where premises are not connected to the City water, electric or gas system, it is hereby declared that when a statement of delinquent charges and all penalties and other charges which have accrued thereon has been recorded, the same shall constitute a lien upon the real property receiving or to receive the services, excepting publicly owned property. C. Duration of Lien. Such lien shall continue un~il the charges and all penalties thereon have been fully paid or the property subject thereto has been sold to satisfy the lien. De Continuance of Penalties. Penalties shall continue to accrue during the period of non-payment. E. Contents of Statement. The statement shall contain a description of the property served or to be served, the period of the service or proposed service, the amount of the charges, and a reference to this chapter by number and date of adoption. me Execution, Acknowledgment, and Filing. The state- ment shall be executed by the person having charge of the billing and collection of such charges or his deputy. His signature shall be acknowledged. It shall be filed with the County Recorder of the county in which the City is located, at least once each year. g~ He Effect and Enforcement of Lien. Such lien shall have the force, effect, priority, and duration of an abstract of a judgment against the owner of real property and may be enforced in like manner. Frequency of Declaration. A list of all such delinquent charges as to property not connected to the City water, electric, or gas system, shall be recorded at least every six (6) months. Law Applicable. The provisions of the Revenue Bond Law of 1941 as to the filing and enforcement of liens shall apply. 233 ARTICLE 9. PEP~ITS AND FEES. Section 3708.1 Section 3708.2 Section 3708.3 Permit Required. No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenances or perform any work on any street lateral or building lateral without first obtaining a written permit from the City. Work Not Re~uirin~ a Permit. No permit shall be required in the case of any repair'Work'as follows: The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any trap, drainpipe, soil, waste or vent pipe to be or become defective and it becomes necessary to remove and replace the same with new materi- al in any part or parts, the same shall be considered as such new work and a permit shall be procured and in- spection made as herein provided. No permit shall be required for the cleaning of stoppages or the repairing of leaks in pipes, valves, or fixtures, when such repairs do not involve or require the replacement of rearrange- ment of valves, pipes or fixtures. Application for Permit. Any person legally entitled to apply for and receive a permit shall make such applica- tion on forms provided by the City for that purpose. He shall give a description of the character of the work proposed to be done and the location, ownership, occu- pancy and use of the premises in connection therewith. The City may require plans, specifications or drawings and such other information as it may deem necessary. If the City determines that the plans, specifications, drawings, descriptions and information furnished by the applicant are in compliance with the 'ordinances, rules and regulations of the City, the City shall issue the permit applied for upon payment of the required fees as hereinafter fixed. Section 3708.4 Compliance With Permit. After approva, o£ the applica- tion, evidenced by the issuance of a ~ermit, no change shall be made in the location of the seWerame works, the grade, materials, or other details from those described in the permit or as shown on the plans and specifications for which the permit was issued, except with written permission from the City Engineer. Section 3708.5 A~reement. The applicant's signature on an application for any permit shall constitute an agreement to comply with all of the provisions, terms and requirements of this and other ordinances, rules and regulations of the City, and with the plans and specifications he has filed with his application, if any, together with such cor- rections or modifications as may be made or permitted by the City, if any. Such agreement may be binding upon the applicant and may be altered only by the City upon the written request for the alteration from the applicant. Section 3708.6 Fees - Special Connection Char~es. In addition to any other charges established herein, the City may establish special connection charges for any sewer connection when, in the opinion of the Council, the circumstances of such connection necessitate the establishment of unusual conditions or necessitate the payment of charges over and above those established herein. Section 3708.7 Fees - Permit and Inspection Charges. me Single Family Units, Multiple Dwellings, Commercial, Industrial, Public and Other Uses. The schedule of charges for the inspection of all side sewers, lateral sewers, house and trunk and main sewers, shall be in accordance with the requirements con- tained in a resolution adopted by the Council of the City of Ukiah, as presently existing or as hereafter amended. 234 Section 3708.8 Section 3708.9 Section 3708.10 Alteration of Existin~ Sewer Installation. A per~.it fee shall be paid to the City for issuing a permit and inspecting any work adding to, altering, or extending an existing building sewer installation. When a permit has been obtained to connect an existing building or existing work to the public sewer or to connect to a new private disposal facility, backfilling or private sewage disposal facilities abandoned consequent to such connection is included in the permit. C. Failure to Obtain Permit. Any person who shall commence any work for which a permit is required bv this Ordinance .without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee plus $100 for such work, provided, however, that this pro- vision shall not apply to emergency work when it shall be proved to the satisfaction of the Director of Public Works that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so and if there be an unreasonable delay in obtaining such permit, a fine as described in Article XI of this Ordinance shall be charged. Performance Guarantee - Public Sewer Construction. The applicant shall post a surety bond, cash or other securi- ty satisfactory to the City to guarantee the faithful performance of any agreement for public main extension entered into with the City Council. Said surety bond, cash or security shall be in the sum of one hundred percent (100%) of the estimated costs of the work, or in such other sum as may be fixed by the City Council, and shall be in addition to guaranteeing the faithful perfor- mance of the work, guarantee the maintenance of the sewer main for a period of one year following the completion and acceptance of the work by the City. Ail Work to Be Inspected. Ail sewer construction work shall be inspected by an inspector acting for the City to insure compliance with all requirements of the City. No sewer shall be covered at any point until it has been inspected and passed for acceptance. No sewer shall be connected to the City's public sewer until the work covered by the permit has been completed, inspected and approved by the inspector. If the test proves satis- factory and the sewer has been cleaned of all debris accumulated from construction operations, the City Engineer shall issue a certificate of satisfactory completion. For public sewer construction, the owner or owners and/or contractor shall deposit with the Director of Public Works a sum to be fixed by the City Engineer prior to commencement of work. Said sum shall be estimated to equal the cost of inspecting said work and other expenses regularly incurred in connection therewith. The amount to be charged for inspection shall be on a lineal footage basis on all lines of 6" diameter or more and a flat fee for 4" street laterals established by resolution adopted by the City Council. Should the amount of the deposit be insufficient to pay such costs incurred by the City, the owner or owners and/or contractor shall advance such additional sums as shall be necessary to pay said costs prior to the final inspection of the work. Notification. It shall be the duty of the person doing the work authorized by permit to notify the office of the Director of Public Works in writing t~t ~aid work is ready for inspection. Such notificatic~ shall be given not less than twenty-four (24) hours, ~urdavs, Sundays and Holidays excluded, before the w~r~ is ready to be inspected. It shall be the duty of the person doing the wor~ to make sure that the work will stand the tests required by the City before giving the above notifica- tion. 235 Section 3708.11 Section 3708.12 Condemned Work. When any work has been inspected and the work condemned and no certification of satisfactory completion given, a written notice to that effect shall be given instructing the owner of the premises, or the agent of such owner, to repair the sewer or other work authorized by the permit in accordance with the ordi- nances, rules and regulations of the City. Ail Costs Paid By Owner. Ail costs and expenses incident to the installation and connection of any sewer or other work for which a permit has been issued shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occa- sioned by the work. Section 3708.13 Street Excavation Permit. A separate encroachment permit must be procured from the City or any other political subdivision or public agency having jurisdiction thereover by owners or contractors intending to excavate in a public street for the purpose of installing sewers or making sewer connections. Section 3708.14 Liability. The City and its officers, agents and employ- ees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of the performance of any work by such applicant. The applicant shall be answerable for, and shall save the City and its officers, agents and employees harmless from any liability imposed by law upon the City or its officers, agents or employees, including all costs, expenses, fees and interest incurred in defending same or in seeking to enforce this provision. Applicant shall be solely liable for any defects in the performance of his work or any failure which may develop therein. ARTICLE 10. OUTSIDE SEWERS. Section 3709.1 Exemption of Public District Upon Contract. The City and any public district which desires to connect to the City sewer system for disposal of the sewage of such public district, shall enter into a contract providing for the regulation of such connection and the use thereof by such district and the charges to be paid to the City by such district. The public district shall adopt limitations on sewage quality and infiltration and inflow comparable to those enacted herein. No public district may connect to the City sewer system otherwise than pursuant to such a contract. Upon the execution of any such contract, such public district shall be exempt from the provisions of this chapter. Section 3709.2 Special Outside A~reements. Where special conditions exist relating to any outside sewer, they shall be the subject of special contract between the applicant and the City, and applicant shall be charged for sewage service in the same degree and manner as others now within the City boundaries. ARTICLE 11. ENFORCEMENT. Section 3710.1 Misdemeanor. A violation of this Ordinance of is a misdemeanor, punishable by a fine of not to exceed one thousand dollars, imprisonment not to exceed 30 days, or both. Each and every connection or occupancy in vio- lation of the ordinances, rules and regulations of the City shall be deemed a separate violation and each and every day or part of a day a violation of the ordinance, rule or regulation continues shall be deemed a separate offense hereunder and shall be punishable as such. 236 Section 3710.2 Section 3710.3 Section 3710.4 Section 3710.5 Section 3710.6 Section 3710.7 ARTICLE 16. Section 3798.1 Violations. Any person found to be violating any pro- vision of this or any other ordinance, rule or regulation of the City regulating its sewer system shall be given written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Said time limit shall be not less than twenty-four (24) hours nor more than ten working days. The offender shallg within the period of time stated in such notice, permanently cease all violations. All persons shall be held strictly responsible for any and all acts of agents or employees done under the pro- visions of this or other ordinance, rule or regulation of the City. Upon being notified by the Director of Public Works of any defect arising in any sewer or of any violation of this Ordinance, the persons or persons having charge of said work shall immediately correct the same violations not corrected within the time stated in such notice shall be cause for the Director of Public Works to institute whatever enforcement means or com- bination therefore he deems proper, as provided in this Article. Public Nuisance. Continued habitation of any building or continued operation of any industrial facility in vio- lation of the provisions of this or any other ordinance, rule or regulation of the City is hereby declared to be a public nuisance. The City may cause proceedings to be brought for the abatement of the occupancy of the build- ing during the period of such violation. Disconnection. For violation of Section 3705.9 of this Ordinance an immediate disconnection may be made. As a further method of enforcing the provisions of this or any other ordinance, rule or regulation of the City. Direc- tor of Public Works shall have the power to disconnect the user or subdivision sewer system from the sewer mains of the City. Upon disconnection the Director of Public Works shall estimate the cost of disconnection from and reconnection to the system, and such user shall deposit the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system. The City shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection. Public Nuisance Abatement. During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the City shall cause proceedimgs to be brought for the abatement of the occupancy of said premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there is to be paid to the City, a reasonable attorney's fee and cost arising in said action. Means of Enforcement Only. The City hereby declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its ordi- nances, rules and regulations, and not as a penalty. Liability for Violation. Any person violating any provision of this Ordinance or regulations adopted pursuant hereto shall hold City harmless from and defend City against the liability, claim, loss or damage occa- sioned by City by reason of such violation. MISCELLANEOUS PROVISIONS. Protection from Damage. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure; appurtenance or equipment which is a part of the City's sewerage works. Any person violating this ;'rovision shall be subject to the penalties provided by la~. 237 Section 3798.2 Powers and Authorities of Inspectors. The officers and any duly authorized employees of the City shall carry evidence establishing their position as authorized representatives of the City and upon exhibiting the proper credentials and identification shall be permitted to enter in any and upon any and all b~,ildings, indus- trial facilities and properties for the purpose of inspection, reinspection, observa[icn, measurement, sampling, testing, and otherwise performing such duties as may be necessary in the enforcement of the provisions of the ordinances, rules and regulations' of the City. Ail plumbers shall be held strictly responsible for any and all acts of agents or employees (lone under this Ordinance. Upon being notified by the Director of Public Works of any defect arising therefrom in any sewer or of any violation of this Ordinance, the person or persons having charge of said work shall i~ediatelv correct the same. Section 3798.3 Severabilitz. If any section, subsection, sentence, clause or phrase of this Ordinance or the application thereof to any person or circumstance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance or the application of such provision to other persons or circumstances. The City Council de- clares that it would have passed this Ordinance or any section, subsection, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared to be unconstitutional. Section Five. This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. Section Six. This Ordinance shall become effective April 1, 1985. PASSED ~N~ ADOPTED this 2nd following roll call vote: day of January , 1985, by the AYES: Councilmembers Henderson, Kier, Hickey and Mayor Myers NOES: Counci lmember Kelley ABSENT: None ATTEST City ~ierk Ch G. Myers, May~r