CHAPTER 710: SEWER SYSTEM RULES AND REGULATIONS

ARTICLE I. RULES AND REGULATIONS

SECTION 710.010: SEWER RATES

The rate of assessment to be charged and collected for the use and service of the sewerage system of the City of Stockton, said sewerage system of said City, shall be under the control and supervision of the Board of Public Works, subject to the resolutions and ordinances of the City. (CC 1979 §90.230)

SECTION 710.020: APPLICATION FOR SEWERAGE SERVICES

An excavation permit for sewerage services to premises not connected with the City sewerage system shall be made to the Supervisor of Public Works or other person designated by the Board of Aldermen by the occupant or owner of the premises to be served accompanied by an application fee of one hundred fifty dollars ($150.00) to defray hook-up cost of the City. Thereupon, such applicant shall have the right to connect with the sewerage system of the City. All further costs of such connection to be borne by such applicant. City personnel will make the sewer tap. When a lot is divided or other arrangements are made to accommodate rental or multiple units on the same lot with more than one (1) residence or business, a separate connection and a separate sewer tap shall be made for each. (CC 1979 §90.250; Ord. No. 130 §90.250, 6-24-91; Ord. No. 281A §90.250, 2-12-01)

SECTION 710.030: RATES EFFECTIVE

The rates hereinbefore specified for the use and services of the sewerage system of the City including sewerage services rendered and to be rendered shall become effective immediately upon connection with the City system. (CC 1979 §90.260)

SECTION 710.040: DEFINITIONS

Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall be as follows:

BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Centigrade (20°C) expressed in milligrams per liter.

BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

BUILDING SEWER: The extension from the building drain to the public sewer or other place of disposal.

COMBINED SEWER: A sewer receiving both surface runoff and sewage.

GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

INDUSTRIAL WASTES: The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.

NATURAL OUTLET: Any outlet into a wastewater pond, ditch, lake or other body or ground water.

PERSON: Any individual, firm, company, association, society, corporation or group.

pH: The logarithm of the reciprocal of the weight of hydrogenions in grams per liter of solution.

PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch (1.27 centimeters) in any dimension.

PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

SANITARY SEWER: A sewer which carries sewage and to which storm, surface and ground water are not intentionally admitted.

SEWAGE or DOMESTIC SEWAGE: Human excreta and wastewater, including bath and toilet waste, residential laundry waste, residential kitchen waste and other similar waste from household or establishment appurtenances. Sewage and domestic sewage waste are further categorized as:

1. Blackwater: Waste carried off by toilets, urinals and kitchen drains;

2. Graywater: All domestic waste not covered in subparagraph (1) herein, including bath, lavatory, laundry and sink waste.

SEWAGE TREATMENT PLANT: Any arrangement of devices and structures used for treating sewage.

SEWAGE WORKS: All facilities for collecting, pumping, treating and disposing of sewage.

SEWER: A pipe or conduit for carrying sewage.

SHALL: Is mandatory; MAY: Is permissive.

SLUG: Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration on flows during normal operation.

STORM DRAIN (SOMETIMES TERMED "STORM SEWER"): A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

SUPERVISOR: The Supervisor of Public Works of the City of Stockton or his/her authorized representative.

SUSPENDED SOLIDS: Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently. (Ord. No. 177 §90.345 Art. I, 2-28-94)

SECTION 710.050: SEWER PROTECTED FROM SURFACE DRAINAGE

A. No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

B. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as combined sewers or storm sewers, or to a natural outlet approved by the Supervisor. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Supervisor, to a storm sewer, combined sewer or natural outlet.

C. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

C.1. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

C.2. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant including, but not limited to, cyanides in excess of two (2) mg/l as CN in the wastes as discharged in the public sewer.

C.3. Any waters or wastes having a pH lower than five and one-half (5.5) or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

C.4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow of sewers, or other interference with the proper operation of the sewage works such as, but not limited to: ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

C.5. Any waters or wastes having:

C.5.a. A five (5) day biochemical oxygen demand greater than three hundred (300) parts per million by weight,

C.5.b. Containing more than three hundred fifty (350) parts per million by weight of suspended solids, or

C.5.c. Having an average daily flow greater than two percent (2%) of the average sewage flow of the City shall be subject to the review of the Supervisor. Where necessary in the opinion of the Supervisor, the owner shall provide, at his/her expense, such preliminary treatment as may be necessary to:

C.5.c.(1) Reduce the biochemical oxygen demand to three hundred (300) parts per million by weight,

C.5.c.(2) Reduce the suspended solids to three hundred fifty (350) parts per million by weight, or

C.5.c.(3) Control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Supervisor and no construction of such facilities shall be commenced until said approvals are obtained in writing. (CC 1979 §90.310)

SECTION 710.060: DANGEROUS DISCHARGE INTO SEWER PROHIBITED

No person shall discharge or cause to be discharged the following described substances, materials, water or wastes if it appears likely in the opinion of the Supervisor that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his/her opinion as to the acceptability of these wastes, the Supervisor will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewer, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

.1. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150° F) or sixty-five degrees Centigrade (65° C).

.2. Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two degrees Fahrenheit (32° F) and one hundred fifty degrees Fahrenheit (150° F) (0° and 65° C).

.3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (¾) horsepower (9.76 h.p. metric) or greater shall be subject to the review and approval of the Supervisor. This provision is to assure that commercial and institutional grinders are of adequate size to shred properly.

.4. Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not.

.5. Any waters or wastes containing iron, chromium, copper, zinc, similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Supervisor for such materials.

.6. Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations exceeding limits which may be established by the Supervisor as necessary after treatment of the composite sewage to meet the requirements of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters.

.7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Supervisor in compliance with applicable State or Federal regulations.

.8. Any waters or wastes having a pH in excess of nine and one-half (9.5).

.9. Materials which exert or cause:

.9.a. Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

.9.b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

.9.c. Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

.9.d. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.

.10. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (CC 1979 §90.320)

SECTION 710.070: DANGEROUS DISCHARGESPECIAL REQUIREMENTS

A. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 710.060 of this Article, and which in the judgment of the Supervisor may have a deleterious effect upon the sewage works, processes, equipment or receiv­ing waters, or which otherwise create a hazard to life or constitute a public nuisance, the Supervisor may:

A.1. Reject the wastes,

A.2. Require pretreatment to an acceptable condition for discharge to the public sewers,

A.3. Require control over the quantities and rates of dis­charge, and/or

A.4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Subsection (F) of this Section.

If the Supervisor permits the pretreatment or equali­zation of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Supervisor and subject to the requirements of all applicable Codes, ordinances, and laws.

B. Grease, oil and sand interceptors shall be provided when, in the opinion of the Supervisor, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwell­ing units. All interceptors shall be of a type and capacity approved by the Supervisor and shall be located as to be readily and easily accessible for cleaning and inspection.

C. Where preliminary treatment of flow-equalizing facilities are provided for any waters or wastes, they shall be maintained contin­uously in satisfactory and effective operation by the owner at his/her expense.

D. When required by the Supervisor, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in ac­cordance with plans approved by the Supervisor. The manhole shall be installed by the owner at his/her own expense and shall be maintained by him/her so as to be safe and accessible at all times.

E. All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this Article shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls whereas pHs are determined from periodic grab samples.)

F. No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern. (CC 1979 §90.330)

SECTION 710.080: VIOLATIONS SUBJECT TO PROSECUTION

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under the charge of disorderly conduct. (CC 1979 §90.340)

SECTION 710.090: SEWER INSPECTION ACCESS

A. The Supervisor and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Article. The Supervisor or his/her representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

B. While performing the necessary work on private properties referred to in Subsection (A) above, the Supervisor or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees, and the City shall indemnify the company against loss or damage to its property by the City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain a safe condition as required in Section 710.070(D).

C. The Supervisor and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easements pertaining to the private property involved. (CC 1979 §90.350)

SECTION 710.100: SEWER VIOLATION PENALTY

A. Any person found violating any provision of this Article except Section 710.080 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B. Any person who shall continue any violation beyond the time limit provided for in Subsection (A) shall be guilty of a misdemeanor and on conviction thereof shall be fined in the amount not less than one hundred dollars ($100.00) and not exceeding five hundred dollars ($500.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

C. Any person violating any of the provisions of this Article shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation. (CC 1979 §90.360; Ord. No. 71 §90.360, 10-12-87)

SECTION 710.110: WASTEWATER DUMPING POLICY

A. With regard to dumping waste material from outside sources in the City of Stockton's wastewater lagoon, the City shall consider each request to dump on an individual basis. Each decision will be based on such things as, but not limited to, the material to be dumped, the quantity of material, the time of year, or the condition of the lagoon at the time.

B. If permission is granted, a permit will be issued indicating a specified amount of time and number of loads. The permit will be processed and signed by the Supervisor of Public Works as well as the applicant.

C. Minimum charge will be three dollars ($3.00) for three hundred (300) gallons or less and one dollar ($1.00) per one hundred (100) gallons over the minimum.

D. No waste material generated outside the City limits will be accepted in the lagoon.

E. Violation of this Section may result in a penalty under Section 100.220. (Ord. No. 161 §90.365, 5-10-93)

ARTICLE II. PUBLIC AND PRIVATE SEWERS

SECTION 710.120: BUILDING SEWERS AND CONNECTIONS

A. No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Supervisor.

B. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

C. A separate and independent building sewer shall be provided for every building; except where one (1) building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one (1) building sewer.

D. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Supervisor, to meet all requirements of this Article.

E. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirement of B.O.C.A. Building and Plumbing Codes or other applicable rules and regulations of the City. A minimum sewer line shall be S.D.R. ─ 35.

F. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

G. The applicant for the building sewer permit shall notify the Supervisor when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Supervisor or his/her representative.

H. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

I. The connection of the building sewer into the public sewer shall conform to the requirements set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Supervisor before installation. (Ord. No. 177 §90.345 Art. IV, 2-28-94; Ord. No. 282A, 2-12-01)

SECTION 710.130: USE OF THE PUBLIC SEWERS

A. No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

B. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the Supervisor. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Supervisor, to a storm sewer, combined sewer or natural outlet.

C. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

C.1. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solids or gas.

C.2. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant including, but not limited to, cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.

C.3. Any water or wastes having a pH lower than five and one-half (5.5) or having other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

C.4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to: ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, mild containers, etc., either whole or ground by garbage grinders.

D. No person shall discharge or cause to be discharged the following described substance, materials, waters or wastes if it appears likely in the opinion of the Supervisor that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on public property, or constitute a nuisance. In forming his/her opinion as to the acceptability of these wastes, the Supervisor will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

D.1. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150° F) or sixty-five degrees Centigrade (65° C).

D.2. Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two degrees Fahrenheit (32°F) and one hundred fifty degrees Fahrenheit (150° F) (0° C and 65° C).

D.3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (¾) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Supervisor.

D.4. Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solution whether neutralized or not.

D.5. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Supervisor for such materials.

D.6. Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations exceeding limits which may be established by the Supervisor as necessary after treatment of the composite sewage to meet the requirements of State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters.

D.7. Any radioactive wastes or isotopes of such half life or concentration as may exceed limits established by the Supervisor in compliance with applicable State or Federal regulations.

D.8. Any waters or wastes having a pH in excess of nine and one-half (9.5).

D.9. Materials which exert or cause:

D.9.a. Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate).

D.9.b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

D.9.c. Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

D.9.d. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.

D.10. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

D.11. Any waters or wastes having:

D.11.a. A five (5) day BOD greater than three hundred (300) parts per million (1,000,000) by weight,

D.11.b. Containing more than three hundred fifty (350) parts per million (1,000,000) by weight of suspended solids, or

D.11.c. Having an average daily flow greater than two percent (2%) of the average sewage flow of the City shall be subject to the review of the Supervisor. Where necessary in the opinion of the Supervisor, the owner shall provide, at his/her expense, such preliminary treatment as may be necessary to:

D.11.c.(1) Reduce the biochemical oxygen demand to two hundred (200) parts per million (1,000,000) by weight,

D.11.c.(2) Reduce the suspended solids to two hundred forty (240) parts per million (1,000,000) by weight, or

D.11.c.(3) Control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Supervisor and no construction of such facilities shall be commenced until said approvals are obtained in writing.

E. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which contain the substances or possess the characteristics enumerated in Subsection (D) of this Section, and which in the judgment of the Supervisor may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Supervisor may:

E.1. Reject the wastes,

E.2. Require pretreatment to an acceptable condition for discharge to the public sewers,

E.3. Require control over the quantities and rates of discharge, and/or

E.4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Subsection (J) of this Section.

If the Supervisor permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Supervisor and subject to the requirements of all applicable Codes, ordinances and laws.

F. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Supervisor, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable waste, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Supervisor and shall be located as to be readily and easily accessible for cleaning and inspection.

G. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his/her expense.

H. When required by the Supervisor, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Supervisor. The manhole shall be installed by the owner at his/her expense and shall be maintained by him/her so far as to be safe and accessible at all times.

I. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Article shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls whereas pHs are determined from periodic grab samples.)

J. No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern. (Ord. No. 177 §90.345 Art. V, 2-28-94)

SECTION 710.140: DAMAGING SEWAGE WORKS

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Ord. No. 177 §90.345 Art. VI, 2-28-94)

SECTION 710.150: POWERS AND AUTHORITY OF INSPECTORS

A. The Supervisor and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Article. The Supervisor or his/her representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

B. While performing the necessary work on private properties referred to in Subsection (A) above, the Supervisor or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 710.130(H).

C. The Supervisor and other duly authorized employees of the City bearing proper credential sand identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the term of the duly negotiated easement pertaining to the private property involved. (Ord. No. 177 §90.345 Art. VII, 2-28-94)

SECTION 710.160: PENALTIES

A. Any person found to be violating any provision of this Article except Section 710.140 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B. Any person who shall continue any violation beyond the time limit provided for in Subsection (A) above shall be guilty of a misdemeanor and on conviction thereof shall be fined in the amount not exceeding five hundred dollars ($500.00) for each violation. Each twenty-four (24) hour period in which any such violation shall continue shall be deemed a separate offense.

C. Any person violating any of the provisions of this Article shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation. (Ord. No. 177 §90.345 Art. VIII, 2-28-94)

SECTION 710.170: SEPTIC TANK EFFLUENT PUMPING (STEP) SYSTEMS

A. Definition. As used in this Section, the following term shall mean:

SEPTIC TANK EFFLUENT PUMPING (STEP) SYSTEM: A facility consisting of a tank or tanks for settling and digesting wastewater solids, and a pressure piping system for conveying the supernatant liquid into the sewer system.

B. Permits. Septic tanks effluent pumping (STEP) systems can only be used within the boundaries of the City of Stockton when approved by a permit issued by the Supervisor of Public Works. The Supervisor of Public Works shall not approve permits for the use of STEP systems when service can be provided from an existing gravity sewer within one hundred (100) feet from the facility to be served by the proposed STEP system. Permits shall not be issued until property owners provide easements to access from the City owned sewer main to the STEP facility.

C. Limitations. Only sanitary wastewater shall be discharged into a STEP tank. Roof drains and other water sources shall be strictly excluded from the STEP systems.

D. Operation Maintenance. Operation and maintenance of the tank, pump and pump controls shall be the responsibility of the City only after the system has been inspected and approved by the Supervisor of Public Works and after existing warranties have expired. The City will repair or replace the STEP pump when needed. Power for the STEP system shall be provided and funded by the property occupants. All sewer pipe, drains and plumbing between the STEP tank and the building being served is the responsibility of the property occupants.

E. Alarms. All STEP systems shall be equipped with an alarm system to notify property occupants when the STEP system stops operating. The property occupant shall be responsible for notifying the City when the control panel is activated. The property occupant shall be responsible for curtailing water usage until City forces respond to the customer's notification. The City will assume no responsibility for damages resulting from any plumbing backups such as those that occur when water usage is not curtailed during an alarm condition or when the property occupant disables the alarm.

F. Fees. A monthly surcharge of eight dollars ($8.00) shall be paid by all property occupants who have a STEP system. This charge shall cover the additive City cost necessary to operate and maintain the STEP system. This eight dollar ($8.00) fee shall be in addition to any other water or sewer fees charged to these customer. An itemization of said fees are as follows:

F.1. Inspection. One dollar ($1.00).

F.2. Pump replacements. One dollar seventy cents ($1.70).

F.3. Recording keeping. One dollar ten cents ($1.10).

F.4. Systems repairs. Three dollars ($3.00).

F.5. Tank pump out. One dollar twenty cents ($1.20).

G. For any STEP system installed after the date of passage of this Subsection, the City will no longer be responsible for the operation or maintenance of the tank, pump or pump system. All responsibility shall remain with the owner. No monthly surcharge shall be paid by persons affected by this Subsection (G) as set forth in Subsection (F). (Ord. No. 212 §1(90.345, Art. XI), 11-12-96; Ord. No. 242 §90.345 Art. XI, 8-24-98)

ARTICLE III. WASTEWATER USER CHARGE SYSTEM

SECTION 710.180: PURPOSE

It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City to collect charges from all users who contribute wastewater to the City's treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public wastewater treatment works. (Ord. No. 176 §90.240 Art. I, 2-28-94; Ord. No. 391 Art. I, 1-31-08)

SECTION 710.190: DEFINITIONS

Unless the context specifically indicates otherwise, the meanings of terms used in this Article shall be as follows:

BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Centigrade (20°C), expressed in milligrams per liter (mg/l).

NORMAL DOMESTIC WASTEWATER: Wastewater that has a BOD concentration of not more than two hundred fifty (250) mg/l and a suspended solids concentration of not more than three hundred (300) mg/l.

OPERATION AND MAINTENANCE: All expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.

REPLACEMENT: Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.

RESIDENTIAL CONTRIBUTOR: Any contributor to the City's treatment works whose lot, parcel of real estate or building is used for domestic dwelling purposes only.

SHALL: is mandatory; MAY: is permissive.

SS (DENOTING SUSPENDED SOLIDS): The solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

TREATMENT WORKS: Any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include interceptor sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems.

USEFUL LIFE: The estimated period during which the treatment works will be operated.

USER CHARGE: That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.

WATER METER: A water volume measuring and recording device, furnished and/or installed by the City of Stockton or furnished and/or installed by a user and approved by the City of Stockton. (Ord. No. 176 §90.240 Art. II, 2-28-94; Ord. No. 391 Art. II, 1-31-08)

SECTION 710.195: ANNUAL REVENUES

A. The user charge system shall generate adequate annual revenues to pay the costs of annual operation and maintenance including replacement and cost associated with debt retirement of bonded capital associated with financing the treatment works which the City may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this Article.

B. That portion of the total user charge collected which is designated for the operation and maintenance including replacement purposes as established in Section 710.200 shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two (2) primary accounts as follows:

B.1. The Operation and Maintenance Account shall be an account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works. Deposits in the Operation and Maintenance Account shall be made monthly from revenue in the amount of four hundred twenty thousand dollars ($420,000.00) annually.

B.2. The Replacement Account shall be an account designated for the purpose of ensuring replacement needs over the useful life of the treatment works. Deposits in the Replacement Account shall be made monthly from revenue in the amount of twenty thousand dollars ($20,000.00) annually.

C. Fiscal year-end balances in the Operation and Maintenance Account and the Replacement Account shall be carried over to the same accounts in each subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Monies which have been transferred from other sources to meet temporary shortages in the Operation, Maintenance and Replacement Fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed. (Ord. No. 391 Art. III, 1-31-08)

SECTION 710.200: USER CHARGE RATES

A. Each user shall pay for the services provided by the City based on their use of the treatment works as determined by water meter(s) acceptable to the City.

B. For residential contributors, monthly user charges will be based on actual water used during the current month.

C. For industrial and commercial contributors, user charges shall be based on water used during the current month. If a commercial or industrial contributor has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on water meter(s) installed and maintained at the contributor's expense and in a manner acceptable to the City.

D. Reference is made to Appendix A which is on file in the office of the City Clerk. The minimum charge per month shall be twenty-two dollars eight cents ($22.08) per contributor. In addition, each contributor shall pay a user charge rate for operation and maintenance including replacement of three dollars fifty-nine cents ($3.59) for each one thousand (1,000) gallons of water used as determined in the preceding Subsection.

E. Reference is made to Appendix A which is on file in the office of the City Clerk. For those contributors who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance including replacement is:

E.1. Fifty-five cents ($0.55) per pound BOD.

E.2. Forty-five cents ($0.45) per pound SS.

F. Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treatment works, shall pay for such increased costs. The charge to each such user shall be as determined by the responsible plant operating personnel and approved by the Board of Aldermen.

G. The user charge rates established in this Article apply to all users of the City's treatment works, regardless of the user's location. (Ord. No. 176 §90.240 Art. IV, 2-28-94; Ord. No. 391 Art. IV, 1-31-08)

SECTION 710.205: MONTHLY BILLING

A. All users shall be billed monthly. Billings for each month shall be made within thirty (30) days after the end of that month. Payments are due when billings are made. Any payment not received within thirty (30) days after the billing is made shall be delinquent.

B. A late payment penalty of ten percent (10%) of the user charge bill will be added to each delinquent bill for each thirty (30) days of delinquency. When any bill is thirty (30) days in default, rendition of water and/or sewer service to such premises shall be enforced until such bill is paid following due notice and opportunity for hearing. (Ord. No. 391 Art. V, 1-31-08)

SECTION 710.210: CITY TO REVIEW USER CHARGE SYSTEM

A. The City shall review the user charge system annually and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users.

B. The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance including replacement of the treatment works. (Ord. No. 176 §90.240 Art. VI, 2-28-94; Ord. No. 391 Art. VI, 1-31-08)

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