HomeMy Public PortalAboutOrdinance 6253
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ORDINANCE NO. 625
AN ORDINANCI. OF THE CITY COUNCIL OF THE CITY OF
BEAUMONT, CALIFORNIA AMENDING TITLE 13 (PUBLIC
SERVICES) OF THE MUNICIPAL CODE TO ADD' CHAPTER 13.20
PERTAINING
i. .NIves T 0 PRETREATMENT AND 1FGULT O«
OF WASTES
The City Council of the City of Beaumont ordains as follows:
SECTION I. The existing sewer discharge p:_ovisions of Title
13 are inadequate to comply uith limitations
established by the California Regional 'dater Quality
Control Board, Santa Ana Region.
SECTION II The New Chapter 13.20 has been reviewed and an
Environmental Assessment and a Negative Declaration has
bean prepared as required by California State law.
SECTION I-T_I. The City Council of the City of Beaumont, has
approved the Negative Declaration and New Chapter 13.20
provisions.
SECTION IV. The City of Beaumont City Council, does hereby
ordain that:
There is hereby added to the Municipal Code of the City
of Beaumont, Chapter 13.20 which is to read as follows
in the attached Exhibit "A" which is hereby adopted and
codified as the City of Beaumont regulations concerning
the Pretreatment and Regulation of Wastes.
n r
MAYOR OF TIIE CITY OF BEAUMONT
ST:
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'Y CLERK
APPP - D AS TO
CERTIFICATION
I, Julia White, Deputy , City Clerk of the City of
Beaumont DO HEREBY CERTIFY that the foregoing Ordinance was
introduced at a regular meeting of the City Council of said City
held on the 10th day of March , 1986, and was
duly adopted upon the second reading on the 24th day of
, 1986, upon the following roll call vote:
March
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmen
None.
None.
Partain,
Shaw, Waller, Russo and Mayor Mitchel
(Deputy)
Y CLERK, CITY OF BEAUMONT
1
Sections:
13.20.010
13.20.020
13.20.030
13.20.040
13.20.050
13.20.060
13.20.070
13.20.080
13.20.090
13.20.100
13.20.110
CHAPTER 13.20
I. General Provisions
Purpose and Policy
Definitions
Abbreviations
II. Regulations
General Discharge Prohibitions
Federal Categorical Pretreatment Standards
Modification of Federal Categorical Pretreatment
Standards
Specific Pollutant Limitations
State Requirements
City's Right of Revision
Excessive Discharge
Accidental Discharges
III. Fees
13.20.120 Purpose
13.20.130 Changes and Fees
13.20.140 Fee for Use
13.20.150 Service Charge
IV. Administration
13.20.160 Wastewater Dischargers
13.20.170 Wastewater Contribution Permits
13.20.180 Reporting Requirements for Permittee
13.20.190 Monitoring Facilities
13.20.200 Inspection and Sampling
13.20.210 Pretreatment
13.20.220 Confidential Information
13.20.230
13.20.240
13.20.250
13.20.260
13.20.270
13.20.280
13.20.290
13.20.300
13.20.310
13.20.320
V. Enforcement
Ilarmful Contributions
Revocation of Permit
Notification of Violation
Show Cause Hearing
Legal Action
VI. Penalty; Costs
Civil Penalties
Criminal penalties
Falsifying Information
VII. Severability
Invalidation
VIII. Conflict
Inconsistency/Conflicts
ORDINANCE NO.
CHAPTER 13.20
PRETREATMENT AND REGULATION OF WASTES
SECTION I GENERAL PROVISIONS
The treatment facilities of the City of Beaumont, discharge
treated effluent into permeable soil structures. The California
Regional Water Quality Control Board, Santa Ana Region,
hereinafter called "Regional Board," has established limitations
upon the chemical content of wastewater effluent discharge by the
City, and such limitations are set forth in duly enacted
Resolutions and Orders of the Regional Board. These Resolutions
and Orders may be amended by the Regional Board. In order to
comply with such discharge limitations, the City must regulate the
flow of certain wastes into its public sewer and treatment
facilities.
13.20.010 Purpose and Policy
This ordinance sets forth uniform requirements for direct and
indirect contributors into the wastewater collection and
treatment system for the City of Beaumont and enables the City to
comply with all applicable State and Federal laws required by the
Clean Water Act of 1977 and the General Pretreatment Regulations
(40 CFR, Part 403).
The objectives of this ordinance are:
A. To prevent the- introduction of pollutants into the
municipal wastewater system which will interfere
with the operation of the system or contaminate the
resulting sludge;
B. To prevent the introduction of pollutants into the
municipal wastewater system which will pass through the
system, inadequately treated, into receiving waters or
the atmosphere or otherwise be incompatible with the
system;
C. To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system; and
D. To provide for equitable distribution of the cost of
the municipal wastewater system.
This ordinance provides for the regulation of direct and indirect
contributors to the municipal wastewater system through the
issuance of permits to certain non-domestic users and through
enforcement of general requirements for the other users,
authorizes monitoring and enforcement activities, requires user
reporting, assumes that existing customer's capacity will not be
preempted, and provides for the setting of fees for the equitable
distribution of costs resulting from the program established
herein.
This ordinance shall apply to the City of Beaumont and to persons
outside the City who are, by contact or agreement with the City,
Users of the POTW. Except as otherwise provided herein, the City
Manager shall administer, implement, and enforce the provisions of
this ordinance.
13.20.020 Definitions
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this ordinance, shall have the
meanings hereinafter designated:
A. Act or "the Act". The Federal Water Pollution
Control Act, also known as the Clean Water Act, as
Page 1 of 21 pages
Ordinance No.
amended, 33 U.S.C. 1251, et. seq.
B. Approval Authority. The California Regional Water
Quality Control Board, Santa Ana Region.
C. Authorized Representative of Industrial User. An
authorized representative of an Industrial User
may be: (1) A principal executive officer of at
least the level of vice-president, if the
Industrial User is a corporation; (2) A general
partner or proprietor if the industrial user is a
partnership or proprietorship, respectively; (3) A
duly authorized representative of the individual
designated above if such representative is
responsible for the overall operation of the
facilities from which the indirect discharge
originates.
D. Biochemical Oxygen Demand (BOD). The quantity of
oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory
procedure, five (5) days at 20 degrees centigrade
expressed in terms of weight and concentration
(milligrams per liter).
E. Building Sewer. A sewer conveying wastewater from
the premises of a User to the POTW.
F. Categorical -Standards. National Categorical
Pretreatment Standards or Pretreatment Standard.
G. City. The City of Beaumont or the City Council of
Beaumont.
H. Cooling Water. The water discharged from any use
such as air conditioning, cooling or
refrigeration, or to which the only pollutant
added is heat.
I. Control Authority. The term "control authority"
shall refer to the "Approval Authority", defined
hereinabove; or the City Manager if the City has
an approved Pretreatment Program under the
provisions of 40 CFR, 403.11.
v Direct Discharge. The discharge of treated or
untreated wastewater directly to the waters of the
State of California.
K. Discharge to the Ground. "Discharge to the
ground" shall mean discharge of wastewaster to or
into the soil and not contained in a facility
approved by the City as being impermeable.
L. Domestic Wastewater. "Domestic wastewater" shall
mean wastewater from residences and wastewater
from other premises resulting from personal use of
water for washing or sanitary purposes.
M. Environmental Protection Agency, or EPA. The U.S.
Environmental Protection Agency, or where
appropriate the term may also be used as a
designation for the Administrator or other duly
authorized official of said agency.
N. Grab Sample. A sample which is taken from a waste
stream on a one-time basis with no regard to the
flow in the waste stream and without consideration
of time.
Page 2 of 21 pages
Ordinance No.
0. Holding Tank Waste. Any waste from holding tanks
such as vessels, chemical toilets, campers,
trailers, septic tanks, and vacuum -pump tank
trucks.
P. Indirect Discharge. The discharge or the
introduction of nondomestic pollutants from any
source regulated under Section 307 (b) or (c) of
the Act, (33 U.S.C. 1317) into the POTW (including
holding tank waste discharged into the system).
Q. Industrial Discharge Permit. "Industrial discharge
permit" shall mean the same as "wastewater
contribution permit."
R. Industrial User. A source of Indirect Discharge
which does not constitute a "discharge of
pollutants" under regulations issued pursuant to
Section 402, of the Act. (33 U.S.C. 1342).
(33 U.S.C. 1342).
S. Industrial Wastewater. "Industrial wastewater"
shall mean the same as "nondomestic wastewater."
T. Interference. The inhibition or disruption of the
POTW treatment processes or operations which
contributes to a violation of any requirement of
the City's NPDES Permit. The term includes
prevention of sewage sludge use or disposal by the
POTW in accordance with 405 of the Act, (33 U.S.C.
1345) or any criteria, guidelines, or regulations
developed pursuant to the Solid Waste Disposal Act
(SWDA), the Clean Air Act, the Toxic Substances
Control Act, or more stringent state criteria
(including those contained in any State sludge
management plan prepared pursuant to Title IV of
(SWDA) applicable to the method of disposal or use
employed by the POTW.
U. National Categorical Pretreatment Standard or
Pretreatment Standard. Any regulation containing
pollutant discharge limits promulgated by the EPA
in accordance with Section 307 (b) and (c) of the
Act (33 U.S.C. 1347) which applies to a specific
category of Industrial Users.
V. National Prohibitive Discharge Standard or Pro-
hibitive Discharge Standard. Any regulation
developed under the authority of 307 (b) of the
Act and 40 CFR, Section 403.5
W.
National Pollution Discharge Elimination
or NPDES Permit. A permit issued
wastewater treatment facilities by the
Board pursuant to Section 402 of the
U.S.C. 1342).
X. New -Source. Any source, the construction
is commenced after the publication of
regulations prescribing a Section 307
U.S.C. 1317) Categorical Pretreatment
which will be applicable to such source,
standard is thereafter promulgated within
System
to the
Regional
Act (33
of which
proposed
(c) (33
Standard
if such
120 days
of proposal in the Federal Register. Where the
standard is promulgated later than 120 days after
proposal, a new source means any source, the
construction of which is commenced after the date
of promulgation of the standards.
Page 3 of 21 pages
Ordinance No.
Y. Nondomestic Wastewater. "Nondomestic wastewater"
shall mean wastewater other than domestic
wastewater, or industrial wastewater combined with
domestic wastewater.
Z. Person. Any individual, partnership,
copartnership, firm, company, corporation,
association, joint stock company, trust, estate,
governmental entity or any other legal entity, or
their legal representatives, agents or assigns.
The masculine gender shall include the feminine,
the singular shall include the plural where
indicated by the context.
AA. pH. The logarithm (base 10) of the reciprocal of
the concentration of hydrogen ions expressed in
grams per liter of solution.
BE. Pollution. The man-made or man -induced alteration
of the chemical, physical, biological, and
radiological integrity of water.
CC. Pollutant. Any dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or
discharged equipment, rock, sand, cellar dirt and
industrial, municipal, and agricultural waste
discharged into water.
DD. Pretreatment or Treatment. The reduction of the
amount of pollutants, the elimination of
pollutants, or the alteration of the nature of
pollutant properties in wastewater to a less
harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a
POTW. The reduction or alteration can be obtained
by physical, chemical or biological processes, or
process changes other means, except as prohibited
by 40 CFR Section 403.6 (d).
EE. Pretreatment Requirements. Any substantive or
procedural requirement related to pretreatment,
other than a National Pretreatment Standard
imposed on an industrial user.
FF. Publicly Owned Treatment Works (POTW). A
treatment works as defined by Section 212 of the
Act, (33 U.S.C. 1292) which is owned in this
instance by the City. This definition includes
any sewers that convey wastewater to the POTW
treatment plant, but does not include pipes,
sewers or other conveyances not connected to a
facility providing treatment. For the purposes of
this ordinance, "POTW" shall include any sewers
that convey wastewaters to the POTW from persons
outside the city who are, by contract or
agreement with the city, users of the city's
POTW.
GG. POTW Treatment Plant. That portion of the POTW
designed to provide treatment to wastewater.
HH. Shall is mandatory; May is permissive.
II. Significant Industrial User. Any Industrial User
of the City's wastewater disposal system who (i)
has a discharge flow of 10,000 gallons or more per
average work day, or (ii) has a flow greater than
Page 4 of 21 pages
Ordinance No.
5% of the flow in the City's wastewater treatment
system, or (iii) has in his wastes toxic
pollutants as defined pursuant to Section 307 of
the Act of California Statutes and rules or (iv)
is found by the City, Regional Board or the U.S.
Environmental Protection Agency (EPA) to have
significant impact, either_ singly or in
combination with other contributing industries,
on the wastewater treatment system, the quality of
sludge, the system's effluent quality, or air
emissions generated by the system.
JJ. State. State of California.
KK. Standard Industrial Classification (SIC). A
classification pursuant to the Standard Industrial
Classification Manual issued by the Executive
Office of the President, Office of Management and
Budget, 1972.
LL. Storm Water. Any flow occurring during or
following any form of natural precipitation and
resulting therefrom.
MM. Suspended Solids. The total suspended matter that
floats on the surface of, or is suspended in,
water, wastewater or other liquids, and which is
removable by laboratory filtering.
NN. Toxic Pollutant. Any pollutant or combination of
pollutants listed as toxic in regulations
promulgated by the Administrator of the
Environmental Protection Agency under the
provision of CWA 307 (a) or other Acts.
00. User. Any person who contributes, causes or
permits the contribution of wastewater into the
City's POTW.
PP. Wastewater. The liquid and water -carried
industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities, and
institutions, whether treated or untreated, which
is contributed into or permitted to enter the
POTW.
QQ. Wastewater Contribution Permit. As set forth in
Section 13.20.170 of this Ordinance.
RR. Waters of the State. All streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs,
reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of
water, surface or underground, natural or
artificial, public or private, which are contained
within, flow through, or border upon the State of
any portion thereof.
13.20.030 Abbreviations.
The following abbreviations shall have the designated meanings:
A BOD - Biochemical Oxygen Demand.
B CFR - Code of Federal Regulations.
C COD - Chemical Oxygen Demand.
D EPA - Environmental Protection Agency.
E 1 - Liter.
F mg - Milligrams.
G mg/1 - Milligrams per liter.
Page 5 of 21 pages
Ordinance No.
H NPDES - National Pollutant Discharge Elimination
System.
I POTW - Publicly Owned Treatment Works.
J SIC - Standard Industrial Classification.
K SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901, et.
seq.
L USC - United States Code.
M TSS - Total Suspended Solids.
SECTION II - REGULATIONS
13.20.040 General Discharge Prohibitions.
No User shall contribute or cause to be contributed, directly or
indirectly, any pollutant or wastewater which will interfere with
the operation or performance of the POTW. These general
prohibitions apply to all such Users of a POTW whether or not the
User is subject to National Categorical Pretreatment Standards or
any other National, State, or local Pretreatment Standards or
Requirements. A user may not contribute the following substances
to any POTW:
A. Any liquids, solids or gases which by reason of
their nature or quantity are, or may be,
sufficient either alone or by interaction with
other substances to cause fire or explosion or be
injurious in any other way to the POTW or to the
operation of the POTW. At no time, shall two
successive readings on an explosion hazard meter,
at the point of discharge into the system (or at
any point in the system) be more than five percent
(5%) nor any single reading over ten percent (10%)
of the Lower Explosive Limit (LEL) of the meter.
Prohibited materials include, but are not limited
to, gasoline, kerosene, naphtha, benzene, toluene,
xylene, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates,
carbides, hydrides and sulfides and any other
substances which the City, the State or EPA has
notified the User is a fire hazard or a hazard to
the system.
B. Solid or viscous substances which may cause
obstruction to the flow in a sewer or other
interference with the operation of the wastewater
treatment facilities such as, but not limited to:
any earth, sand, rocks, ashes, gravel, plaster,
concrete, semi-solid (partially solid) or viscous
material in quantities or volume which will
obstruct the flow of sewage in the public sewer or
any object which will cause clogging of a sewage
pump or sewage sludge pump, or interfere with the
normal operation of the wastewater treatment
facilities; grease, garbage with particles
greater than one-quarter inch (1/4") in any
dimension, animal guts or tissues, paunch manure,
bones, hair, hides or fleshings, entrails, whole
blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dust, metal, glass, staw,
shavings, grass clippings, rags, spent grains,
spent hops, waste paper, wood, plastics, gas, tar,
asphalts residues, residues from refining, or
processing of fuel or lubricating refining, or
processing of fuel or lubricating oil, mud, or
glass grinding or polishing wastes.
C. Any wastewater having a pH less than 6.5 or
greater than 8.0, unless the POTW is specifically
designed to accommodate such wastewater, or
Page 6 of 21 pages
Ordinance No.
wastewater having any other corrosive property
capable of causing damage or hazard to structures,
equipment, and/or personnel of the POTW.
D. Any overflow from any septic tank or cesspool, or
any liquid or sludge pumped from a cesspool or
septic tank, except at such place and in such
manner as may be prescribed by the City Manager.
E. Any wastewater containing toxic pollutants in
sufficient quantity, either singly or by
interaction with other pollutants, to injure or
interfere with any wastewater treatment process,
constitute a hazard to humans or animals, create a
toxic effect in the receiving waters of the POTW,
or to exceed the limitation set forth in a
Categorical Pretreatment Standard. A toxic
pollutant shall include but not be limited to any
pollutant identified pursuant to Section 307 (a)
of the Act.
F. Any storm water or any runoff from any field,
roof, yard, driveway or street.
G. Any noxious or malodorous liquids, gases, or
solids which either singly or by interaction with
other wastes are sufficient to create a public
nuisance or hazard to life or are sufficient to
prevent entry into the sewers for maintenance and
repair.
H. Any substance which may cause the POTW's effluent
or any other product of the POTW such as residues,
sludges, or scums, to be unsuitable for
reclamation and reuse or to interfere with the
reclamation process. In no case, shall a
substance discharged to the POTW cause the POTW to
be in non-compliance with sludge use of disposal
criteria, guidelines, or regulations developed
under Section 405 of the Act; any criteria,
guidelines, or regulations affecting sludge use or
disposal developed pursuant to the Solid Waste
Disposal Act, the Clean Air Act, the Toxic
Substances Control Act, or State criteria
applicable to the sludge management method being
used.
I. Any substance which will cause the POTW to violate
its NPDES (and/or State Disposal System) Permit or
the receiving water quality standards.
J. Any material or quantity of material which will
cause significant damage to any part of the public
sewer system, abnormal sulfide generation or
abnormal maintenance or operation costs of any
part of the public sewer system.
K. Any wastewater with objectionable color not
removed in the treatment process, such as, but not
limited to, dye wastes and vegetable tanning
solutions.
L. Any wastewater having a temperature which will
inhibit biological activity in the POTW treatment
plant resulting in Interference, but in no case
wastewater wtih a temperature at the introduction
into the POTW which exceeds 40 degrees C (104
degree F) unless the POTW treatment plant is
designed to accommodate such temperature.
Page 7 of 21 pages
Ordinance No.
M. Any pollutants, including oxygen demanding
pollutants (BOD, etc.) released at a flow rate
and/or pollutant concentration which a user knows
or has reason to know will cause Interference to
the POTW. In no case shall a slug load have a
flow rate or contain concentration or qualities of
pollutants that exceed for any time period longer
than fifteen (15) minutes more than five (5) times
the average twenty-four (24) hour concentration,
quantities, or flow during normal operation.
N. Any wastewater containing any radioactive wastes
or isotopes of such half life or concentration as
may exceed limits established by the City Manager
in compliance with Federal, State or County
regulations; in addition, the discharge of any
radioactive wastes is prohibited except,
When the person is authorized to use radioactive
materials by the State Department of Health or
other governmental agency empowered to regulate
the use of radioactive materials; and,
When the waste is discharged in strict conformity
with current California Radiation Control
Regulations (California Administrative Code, Title
17) for safe disposal; and,
When the person is in compliance with
and regulations of all other applicable
agencies; and,
When a wastewater contribution permit
obtained from the City.
0. Any wastewater which causes a hazard to
or creates a public nuisance.
all rules
regulatory
has been
human life
When the City Manager determines that a User(s) is contributing to
the POTW, any of the above enumerated substances in such amounts
as to interfere with the operation of the POTW, the City Manager
shall: 1) Advise the User(s) of the impact of the contribution
on the POTW; and 2) Develop effluent limitation(s) for such User
to correct the Interference with the POTW.
13.20.050 Federal Categorical Pretreatment Standards.
Upon the promulgation of the Federal Categorical Pretreatment
Standards for a particular industrial subcategory, the Federal
Standard, if more stringent than limitations imposed under this
Ordinance for sources in that subcategory, shall immediately
supersede the limitations imposed under. this Ordinance. The
City Manager shall notify all affected Users of the applicable
reporting requirements under 40 CFR, Section 403.12.
13.20.060 Modification of Federal Categorical Pretreatment
Standards.
Where the City's wastewater treatment system achieves consistent
removal of pollutants limited by Federal Pretreatment Standards,
the City may apply to the Approval Authority for modification of
specific limits in the Federal Pretreatment Standards.
"Consistent Removal" shall mean reduction in the amount of a
pollutant or alteration of the nature of the pollutant by the
wastewater treatment system to a less toxic or harmless state in
the effluent which is achieved by the system 95 percent of the
samples taken when measured according to the procedures set forth
in Section 403.7 (c) (2) of (Title 40 of the Code of Federal
Regulations, Part 403) - "General Pretreatment Regulations for
Existing and New Sources of Pollution" promulgated pursuant to the
Page 8 of 21 pages
Ordinance No.
Act. The City may then modify pollutant discharge limits in the
Federal Pretreatment Standards if the requirements contained in 40
CFR, Part 403, Section 403.7, are fulfilled and prior approval
from the Approval Authority is obtained.
13.20.070 Specific Pollutant Limitations
A. No person shall discharge wastewater containing in excess of:
Concentration (Mg/1)
Arsenic 05
Barium 1 0
Cadmium 01
Chromium 05
Cobalt 2
Copper 3
Cyanide 05
Iron 3
Lead 05
Manganese 05
Mercury 002
Selenium 01
Silver 05
Zinc 1
Ammonia 14
Total Filterable Residue 490
Sodium 115
Total Hardness 205
Sulfate 75
Chloride 90
Fluoride 1 0
Boron 0 75
Gross Beta 50
pCi/L
Tritium 20,000
pCi/L
Strontium - 90 8 pCi/L
B. Wastes containing in excess of 0.01 mg/1 PCB's and/or
pesticides, to include, but not limited to, at least the
following: DDT (dichlorodiphenylethylene), DDD
(dichlorodiphenyldichloroethane), Aldrin, Benzene
Hexachloride (alpha beta and gamma isomers), Chlordane,
Endrin, Endrin aldehyde, 2, 3, 7, 8, tetrachlorodibenzop-
dioxin (TCDD), toxaphene, Alpha-endosulfan, Beta-endosulfan,
Endosulfan sulfate, Heptachlor, Heptachlor epoxide,
Dieldrin, and PCB's: Aroclors 1016, 1221, 1228, 1232, 1242,
1248, 1254, 1260 and 1262.
13.20.080 State Requirements.
State requirements and limitations on discharges shall apply in
any case where they are more stringent than Federal requirements
and limitations or those in this ordinance.
13.20.090 City's Right of Revision.
The City reserves the right to establish by ordinance more
stringent limitations or requirements on discharges to the
wastewater disposal system if deemed necessary to comply with the
objectives presented in Section 13.20.010 of this Ordinance.
13.20.100 Excessive Discharge.
No User shall ever increase the use of process water or, in any
way, attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with the
Page 9 of 21 pages
Ordinance No.
limitations contained in the Federal Categorical Pretreatment
Standards, or in any other pollutant -specific limitation developed
by the City or State. (Comment: Dilution may be an acceptable
means of complying with some of the prohibitions set forth in
Section 13.20.040 e.g. the pH prohibition.)
13.20.110 Accidental Discharges.
A. Each User shall provide protection from accidental discharge
of prohibited materials or other substances regulated by
this Ordinance. Facilities to prevent accidental discharge
of prohibited materials shall be provided and maintained at
the owner or user's own cost and expense. Detailed plans
showing facilities and operating procedures to provide this
protection shall be submitted to the City for review, and
shall be approved by the City before construction of the
facility. No user who commences contribution to the POTW
after the effective date of this ordinance shall be
permitted to introduce pollutants into the system until
accidental discharge procedures have been approved by the
City. Review and approval of such plans and operating
procedures shall not relieve the industrial user from the
responsibility to modify the user's facility as necessary to
meet the requirements of this Ordinance. In the case of an
accidental discharge, it is the responsibility of the user
to immediately telephone and notify the POTW of the
incident. The notification shall include location of
discharge, type of waste, concentration and volume, and
corrective actions.
B. Written Notice. Withinfive (5) days following
an accidental discharge; the User shall submit to the City
Manager a detailed written report describing the cause of
the discharge and the measures to be taken by the User to
prevent similar future occurrences. Such notification shall
not relieve the user of any expense, loss, damage, or other
liability which may be incurred as a result of damage to the
POTW, fish kills, or any other damage to person or property;
nor shall such notification relieve the user of any fines,
civil penalties, or other liability which may be imposed by
this article or other applicable law.
C. Notice to Employees: A notice shall be permanently posted
on the User's bulletin board or other prominent place
advising employees whom to call in the event of a dangerous
discharge. Employers shall insure that all employees who may
cause or suffer such a dangerous discharge to occur are
advised of the emergency notification procedure.
SECTION III - FEES
13.20.120 Purpose.
It is the purpose of this chapter to provide for the recovery of
costs from Users of the City's wastewater disposal system for the
implementation of the program established herein. The applicable
charges or fees shall be set from time to time by Resolution of
the City Council.
13.20.130 Charges and Fees.
The City may adopt charges and fees which may include:
A. fees for reimbursement of costs of setting up and
operating the City's Pretreatment Program;
B. fees for monitoring, inspections and surveilance
procedures;
Page 10 of 21 pages
Ordinance No.
C. fees for reviewing accidental discharge procedures
and construction;
D. fees for permit applications;
E. fees for filing appeals;
F. fees for consistent removal (by the City) of
pollutants otherwise subject to Federal
Pretreatment Standards;
G. other fees as the City may deem necessary to carry
out the requirements contained herein.
These fees relate solely to the matters covered by this Ordinance
and are separate from all other fees chargeable by the City.
13.20.140 Fee For Use.
A discharger who is issued a wastewater contribution permit under
the provisions of this Ordinance shall pay a fee for use in
accordance with the formula contained herein and the unit charge
rates adopted annually by resolution of the City Council. These
fees shall be invoiced on a bimonthly basis. The bimonthly
invoice may be based upon an estimate of the annual use as
determined by the City. Annually, the City shall compute the fee
for use based upon actual use for the preceding 12 month period on
an annual reconciliation statement. The fee for use is payable
within fifteen (15) days of invoicing by the City.
A. The fee for use shall be computed by the following
formula:
Fee for Use = VoV + BoB + SoS
Where V = total annual volume of flow, in
millions of gallons.
B = total annual discharge of
biochemical oxygen demand, in
thousands of pounds.
S = total annual discharge of suspended
solids, in thousands of pounds.
Vo,Bo,So = unit charge rates adopted annually
by resolution of the City Council
based upon the funding requirements
of providing sewerage service, in
dollars per unit as described in
Paragraph B below:
B. The unit charge rates in the fee for use
formula shall be determined by the following
method:
1. The total annual operation and maintenance
funding requirements of the sewerage system
shall be allocated among the three wastewater
charge parameters of flow, biochemical oxygen
demand and suspended solids in accordance
with the City Manager's determination as
to the costs associated with each parameter
and pursuant to applicable requirements of
State and Federal regulatory agencies. The
operation and maintenance costs as
distributed to flow, biochemical oxygen
demand and suspended solids shall be divided
by the projected annual total flow volume and
Page 11 of 21 pages
Ordinance No.
weights of biochemical oxygen demand and
suspended solids to be treated by the
sewerage system in the budgeted year.
2. A capital facilities charge for capital
recovery and capital improvement shall be
levied at the rate of $200 per million
gallons of wastewater. This charge shall be
allocated among wastewater charge parameters
of flow, biochemical oxygen demand and
suspended solids in accordance with the
City Manager's determination of which
portion of the charge predominantly relates
to each parameter. The capital facilities
charge distributed to biochemical oxygen
demand and suspended solids shall be divided
by the projected annual weights of
biochemical oxygen demand and suspended
solids to be treated by the sewerage system
in the budgeted year.
3. The unit charge rates for each respective
wastewater parameter in (1) and (2) above
shall be summed. The unit wastewater charge
rates so determined will be expressed in
dollars per million gallons for Vo, and in
dollars per thousand pounds for Bo and So.
C. Other measurements of the organic content of the
wastewater of a discharger, such as C.O.D. or
T.O.C., may be used instead of B.O.D. However,
the discharger must establish for the City a
relationship between the B.O.D. of his wastewater
and the parameter of measure. This relationship
shall be used by the City in determining the fee
for use. When wastewater from sanitary facilities
is discharged separately from the other wastewater
of a discharger, the fee for use for discharging
the sanitary wastewater may be determined by using
the following:
1. 10,000 gallons per employee per year;
2. B.O.D. and suspended solids to be calculated
at 250 mg/1 per employee per year.
(The number of employees will be considered as the
average number of people employed full-time on a
daily basis. This may be determined by averaging
the number of people employed at the beginning and
ending of each quarter, or other period that
reflects normal employment fluctuations.)
13.20.150 Service Charge.
A. A discharger who is issued a wastewater contribution permit
under the provisions of this Ordinance shall pay a service
charge in accordance with the formula contained herein. The
service charges shall be invoiced on a bimonthly basis. The
bimonthly invoice may be based uon an estimate of the annual
use as determined by the City. Annually, the City shall
compute the service charge based upon actual costs for the
preceding 12 month period on an annual reconciliation
statement. The service charge is payable within fifteen
(15) days of invoicing by the City.
B. The service charge shall be computed by the following
formula:
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Ordinance No.
Where:
UCi = ScSi + AcAi
UCi = Pretreatment monitoring charge for a
particular industry.
Sc = Cost per sampling activity.
Si = Number of sampling activities for a
particular industry.
Ac = Cost for laboratory analysis.
Ai = Number of analyses required for a
particular industry.
SECTION IV - ADMINISTRATION
13.20.160 Wastewater Dischargers.
It shall be unlawful to discharge without a permit to any natural
outlet within the City of Beaumont, or in any area under the
jurisdiction of said city, and/or to the POTW any wastewater
except as authorized by the City Manager in accordance with the
provisions of this Ordinance.
13.20.170 Wastewater Contribution Permits.
A. General Permits.
All significant users proposing to connect to or to
contribute to the POTW shall obtain a Wastewater
Contribution Permit before connecting to or
contributing to the POTW. All existing significant
users connected to or contributing to the POTW shall
obtain a Wastewater Contribution Permit within 30 days
after the effective date of this Ordinance.
B. Permit Application.
Users required to obtain a Wastewater Contribution
Permit shall complete and file with the City, an
application in the form prescribed by the City, and
accompanied by a fee of $50.00. Existing users shall
apply for a Wastewater Contribution Permit within 30
days after the effective date of this Ordinance, and
proposed new users shall apply at least 90 days prior
to connecting to or contributing to the POTW. In
support of the application, the user shall submit, in
units and terms appropriate for evaluation, the
following information:
1. Name, address, and location, (if different from
the address);
2. SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972,
as amended;
3. Wastewater constituents and characteristics
including but not limited to those mentioned in
Section 2 of this Ordinance as determined by a
reliable analytical laboratory; sampling and
analysis shall be performed in accordance with
procedures established by the EPA pursuant to
Section 304 (g) of the Act and contained in 40
CFR, Part 136, as amended;
4. Time and duration of contribution;
5. Average daily and 30 minute peak wastewater flow
rates, including daily, monthly and seasonal
Page 13 of 21 pages
Ordinance No.
variations if any;
6. Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer
connections, and appurtenances by the size,
location and elevation;
7. Description of activities, facilities and plant
processes on the premises including all materials
which are or could be discharged;
8. Where known, the nature and concentration of any
pollutants in the discharge which are limited by
any City, State, or Federal Pretreatment
Standards, and a statement regarding whether or
not the pretreatment standards are being met on a
consistent basis and if not, whether additional
Operation and Maintenance (O&M) and/or additional
pretreatment is required for the User to meet
applicable Pretreatment Standards;
9. If additional pretreatment and/or O&M will be
required to meet the Pretreatment Standards; the
shortest schedule by which the User will provide
such additional pretreatment. The completion date
in this schedule shall not be later than the
compliance date established for the applicable
Pretreatment Standard:
The following conditions shall apply to this
schedule:
(a) The schedule shall contain increments of
progress in the form of dates for the commencement
and completion of major events leading to the
construction and operation of additional
pretreatment required for the User to meet the
applicable Pretreatment Standards (e.g., hiring an
engineer, completing preliminary plans, completing
final plans, executing contract for major
components, commencing construction, completing
construction, etc.).
(b) No increment referred to in paragraph (a)
shall exceed 9 months.
(c) Not later than 14 days following each date in
the schedule and the final date for compliance,
the User shall submit a progress report to the
City Manager including, as a minimum, whether or
not it complied with the increment of progress to
be met on such date and, if not, the date on which
it expects to comply with this increment of
progress, the reason for delay, and the steps
being taken by the User to return the construction
to the schedule established. In no event shall
more than 9 months elapse between such progress
reports to the City Manager.
10. Each product produced by type, amount, process or
processes and rate of production;
11. Type and amount of raw materials;
12. Number and type of employees, and hours of
operation of plant and proposed or actual hours of
operation of pretreatment system;
13. Any other information as may be deemed by the City
Page 14 of 21 pages
Ordinance No.
to be necessary to
application.
The City will evaluate the data
require additional information.
of the data furnished, the
Contribution Permit subject to
herein.
C. Permit Modifications.
evaluate the permit
furnished by the user and may
After evaluation and acceptance
City may issue a Wastewater
terms and conditions provided
Within 9 months of the promulgation of a National
Categorical Pretreatment Standard, the Wastewater
Contribution Permit of Users subject to such standards
shall be revised to require compliance with such
standard within the time frame prescribed by such
standard. Where a User, subject to a National
Categorical Pretreatment Standard, has not previously
submitted an application for a Wastewater Contribution
Permit as required by Section B, the User shall apply
for a Wastewater Contribution Permit within 180 days
after the promulgation of the Applicable National
Categorical Peretreatment Standard. In addition, the
User with an existing Wastewater Contribution Permit
shall submit to the City Manager within 180 days after
the promulgation of an applicable Federal Categorical
Pretreatment Standard the information required by
paragraph (8) and (9) of Section B.
D. Permit Conditions.
Wastewater Discharge Permits shall be expressly subject
to all provisions of this Ordinance and all other
applicable regulations, user charges and fees
established by the City. Permits may contain the
following:
1. The unit charge or schedule of user charges and
fees for the wastewater to be discharged to a
community sewer;
2. Limits on the average and maximum wastewater
constituents and characteristics;
3. Limits on average and maximum rate and time of
discharge or requirements for flow regulations
and equalization;
4. Requirements for installation and maintenance of
inspection and sampling facilities;
5. Specifications for monitoring programs which may
include sampling locations, frequency of sampling,
number, types and standards for tests and
reporting schedule;
6. Compliance schedules;
7. Requirements for submission of technical reports
or discharge reports (see C);
8. Requirements for maintaining and retaining plant
records relating to wastewater discharge as
specified by the City, and affording City access
thereto;
9. Requirements for notification of the City of any
new introduction of wastewater constitutents or
any substantial change in the volume or character
Page 15 of 21 pages
Ordinance No.
of the wastewater constitutents being introduced
into the wastewater treatment system;
10. Requirements for notification of slug discharges
as per 13.20.110;
11. Other conditions as deemed appropriate by the City
to ensure compliance with this Ordinance.
E. Permits Duration.
Permits shall be issued for a specified time period,
not to exceed three (3) years. A permit may be issued
for a period less than a year or may be stated to
expire on a specific date. The user shall apply for
permit reissuance a minimum of 180 days prior to the
expiration of the user's existing permit. The terms
and conditions of the permit may be subject to
modification by the City during the term of the permit
as limitations or requirements as identified in Section
2 are modified or other just cause exists. The User
shall be informed of any proposed changes in his permit
at least 30 days prior to the effective date of change.
Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.
F. Permit Transfer.
Wastewater Discharge Permits are issued to a specific
User for a specific operation. A wastewater discharge
permit shall not be reassigned or transferred or sold
to a new owner, new user, different premises, or a new
or changed operation without the approval of the City.
Any succeeding owner or User shall also comply with the
terms and conditions of the existing permit.
13.20.180 Reporting Requirements for Permittee.
A. Compliance Date Report.
Within 90 days following the date for final compliance
with applicable Pretreatment Standards or, in the case
of a New Source, following commencement of the
introduction of wastewater into the POTW, any User
subject to Pretreatment Standards and Requirements
shall submit to the City Manager a report indicating
the nature and concentration of all pollutants in the
discharge from the regulated process which are limited
by Pretreatment Standards and Requirements and the
average and maximum daily flow for these process units
in the User facility which are limited by such
Pretreatment Standards or Requirements. The report
shall state whether the applicable Pretreatment
Standards or Requirements are being met on a consistent
basis and, if not, what additional O&M and/or
pretreatment is necessary to bring the User into
compliance with: the applicable Pretreatment Standards
or Requirements. This statement shall be signed by an
authorized representative of the Industrial User, and
certified to by a qualified professional.
B. Periodic Compliance Reports.
1. Any User subject to a Pretreatment Standard, after
the compliance date of such Pretreatment Standard,
or, in the case of a New Source, after
commencement of the discharge into the POTW, shall
submit to the City Manager during the months of
June and December, unless required more frequently
Page 16 of 21 pages
Ordinance No.
in the Pretreatment Standard or by the City
Manager, a report indicating the nature and
concentration, of pollutants in the effluent which
are limited by such Pretreatment Standards. In
addition, this report shall include a record of
all daily flows which during the reporting period
exceeded the average daily flow reported in
paragraph (b) (4) of this section. At the
discretion of the City Manager and in
consideration of such factors as local high or low
flow rates, holidays, budget cycles, etc., the
City Manager may agree to alter the months
during which the above reports are to be
submitted.
2. The City may impose mass limitations on Users
which are using dilution to meet applicable
Pretreatment Standards or Requirements, or in
other cases where the imposition of mass
limitations are appropriate. In such cases, the
report required by subparagraph (1) of this
paragraph shall indicate the mass of pollutants
regulated by Pretreatment Standards in the
effluent of the User. These reports shall contain
the results of sampling and analysis of the
discharge, including the flow and the nature and
concentration, or production and mass where
requested by the City Manager, of pollutants
contained -therein which are limited by the
applicable Pretreatment Standards. The frequency
of monitoring shall be prescribed in the
applicable Pretreatment Standard. All analyses
shall be performed in accordance with procedures
established by the Administrator pursuant to
Section 304 (g) of the Act and contained in 40
CFR, Part 136 and amendments thereto or with any
other test procedures approved by the
Administrator. Sampling shall be performed in
accordance with the techniques approved by the
Administrator.
(Comment: Where 40 CFR, Part 136 does not include
a sampling or analytical technique for the
pollutant in question sampling and analysis shall
be performed in accordance with the procedures set
forth in the EPA publication, Sampling and
Analysis Procedures for Screening of Industrial
Effluents for Priority Pollutants, April, 1977,
and amendments thereto, or with any other sampling
and anlytical procedures approved by the
Administrator.)
13.20.190 Monitoring Facilities.
The City shall require to be provided and operated at the User's
own expense, monitoring facilities to allow inspection, sampling,
and flow measurement of the building sewer and/or internal
drainage systems. The monitoring facility should normally be
situated on the User's premises, but the City may, when such a
location would be impractical or cause undue hardship on the User,
allow the facility to be constructed in the public street or
sidewalk area and located so that it will not be obstructed by
landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or
facility to allow accurate sampling and preparation of samples for
analysis. The facility, sampling, and measuring equipment shall
be maintained at all times in a safe and proper operating
condition at the expense of the user.
Page 17 of 21 pages
Ordinance No.
Whether constructed on public or private property, the sampling
and monitoring facilities shall be provided in accordance with the
City's requirements and all applicable local construction
standards and specifications. Construction shall be completed
within 90 days following written notification by the City.
13.20.200 Inspection and Sampling.
The City shall inspect the facilities of any User to ascertain
whether the purpose of this Ordiance is being met and all
requirements are being complied with. Persons or occupants of
premises where wastewater is created or discharged shall allow the
City or their representative ready access at all reasonable times
to all parts of the premises for the purposes of inspection,
sampling, records examination or in the performance of any of
their duties. The City, Approval Authority and EPA shall have the
right to set up on the User's property such devices as are
necessary to conduct sampling inspection, compliance monitoring
and/or metering operations. Where a User has security measures in
force which would require proper identification and clearance
before entry into their premises, the User shall make necessary
arrangements with their security guards so that upon presentation
of suitable identification, personnel from the City, Approval
Authority and EPA will be permitted to enter, without delay, for
the purposes of performing their specific responsibilities.
13.20.210 Pretreatment.
Users shall provide necessary wastewater treatment as required to
comply with this Ordinance and shall achieve compliance with all
Federal Categorical Pretreatment Standards within the time
limitations as specified by the Federal Pretreatment Regulations.
Any facilities required to pretreat wastewater to a level
acceptable to the City shall be provided, operated, and maintained
at the User's expense. Detailed plans showing the pretreatment
facilities and operating procedures shall be submitted to the City
for review, and shall be acceptable to the City before
construction of the facility. The review of such plans and
operating procedures will in no way relieve the user from the
responsibility of modifying the facility as necessary to produce
an effluent acceptable to the City under the provisions of this
Ordinance. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to
the City prior to the user's initiation of the changes.
The City shall annually publish in the Record Gazette newspaper a
list of the Users which were not in compliance with any
Pretreatment Requirements or Standards at least once during the 12
previous months. The notification shall also summarize any
enforcement actions taken against the user(s) during the same 12
months.
All records relating to compliance with Pretreatment Standards
shall be made available to officials of the EPA or Approval
Authority upon request.
13.20.220 Confidential Information.
Information and data on a User obtained from reports,
questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or
other governmental agency without restriction unless the User
specifically requests and is able to demonstrate to the
satisfaction of the City that the release of such information
would divulge information, processes or methods of production
entitled to protection as trade secrets of the User.
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes
Page 18 of 21 pages
Ordinance No.
shall not be made available for inspection by the public but shall
be made available upon written request to governmental agencies
for uses related to this Ordinance, the National Pollutant
Discharge Elimination System (NPDES) Permit, State Disposal System
permit and/or the Pretreatment Programs; provided, however, that
such portions of a report shall be available for use by the State
or any state agency in judicial review or enforcement proceedings
involving the person furnishing the report. Wastewater
constituents and characteristics will not be recognized as
confidential information.
Information accepted by the City as confidential, shall not be
transmited to any governmental agency or to the general public by
the City until and unless a ten-day notification is given to the
User.
SECTION V - ENFORCEMENT
13.20.230 Harmful Contributions.
The City may suspend the wastewater treatment service and/or a
Wastewater Contribution Permit when such suspension is necessary,
in the opinion of the City, in order to stop an actual or
threatened discharge which presents or may present an imminent or
substantial endangerment to the health or welfare of persons, to
the environment, causes interference to the POTW or causes the
City to violate any condition of its NPDES Permit.
Any person notified -of a suspension of the wastewater treatment
service and/or the Wastewater Contribution Permit shall
immediately stop or eliminate the contribution. In the event of a
failure of the person to comply voluntarily with the suspension
order, the City shall take such steps as deemed necessary
including immediate severance of the sewer connection, to prevent
or minimize damage to the POTW system or endangerment to any
individuals. The City shall reinstate the Wastewater Contribution
Permit and/or the wastewater treatment service upon proof of the
elimination of the non -complying discharge. A detailed written
statement submitted by the user describing the causes of the
harmful contribution and the measures taken to prevent any future
occurrence shall be submitted to the City within 15 days of the
date of occurrence.
13.20.240 Revocation of Permit.
Any User who violates the following conditions of this Ordinance,
or applicable state and federal regulations, is subject to having
his permit revoked in accordance with the procedures of Section 5
of this Ordinance:
A. A person knowingly giving false statements,
representation, record, report, plan or other
document to the City or falsifing, tampering or
knowingly rendering inaccurate any monitoring
device or method required under this Ordinance.
B. Failure of the user to report significant changes
in operations or wastewater constituents and
characteristics.
C. Refusal of reasonable access to the user's
premises for the purpose of inspection or
monitoring.
D. Violation of the permit requirements or conditions
and/or violations of this Ordinance.
E. Failure to pay fees and charges for use
established pursuant to this Ordinance.
Page 19 of 21 pages
Ordinance No.
13.20.250 Notification of Violation.
Whenever the City finds that any User has violated or is violating
this Ordinance, wastewater contribution permit, or any
prohibition, limitation of requirements contained herein, the City
may serve upon such person a written notice, stating the nature of
the violation. Within 30 days of the date of the notice, a plan
for the satisfactory correction thereof shall be submitted to the
City by the User.
13.20.260 Show Cause Hearing.
A. The City may order any User who causes or allows an
unauthorized discharge to enter the POTW to show cause
before the City Council why the proposed enforcement
action should not be taken. A notice shall be served
on the User specifying the time and place of a hearing
to be held by the City Council regarding the violation,
the reasons why the action is to be taken, the proposed
enforcement action, and directing the User to show
cause before the City Council why the proposed
enforcement action should not be taken. The notice of
the hearing shall be served personally or by registered
or certified mail (return receipt requested) at least
(10) days before the hearing. Service may be made on
any agent or officer of a corporation.
B. The City Council may itself conduct the hearing and
take the evidence, or may designate any of its members
or any officer or employee of the city to:
1. Issue in the name of the City Council notices of
hearings requesting the attendance and testimony
of witnesses and the production of evidence
relevant to any matter involved in such hearings;
2. Take the evidence;
3. Transmit a report of the evidence and hearing,
including transcripts and other evidence, together
with recommendations to the City Council for
action thereon.
C. At any hearing held pursuant to this Ordinance,
testimony taken must be under oath and recorded
stenographically. The transcript, so recorded, will be
made available to any member of the public or any party
to the hearing upon payment of the usual charges
thereof.
D. After the City Council has reviewed the evidence, it
may issue an order to the User responsible for the
discharge directing that, following a specified time
period, the sewer service be discontinued unless
adequate treatment facilities, devices or other related
appurtenances shall have been installed on existing
treatment facilities, devices or other related
appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be
issued.
13.20.270 Legal Action.
If any person discharges sewage, industrial wastes or other wastes
into the City's wastewater disposal system contrary to the
provisions of this Ordinance, Federal or State Pretreatment
Requirements, or any order of the City, the City Attorney may
commence an action for appropriate legal, equitable and/or
injunctive relief in the Municipal or Superior Court of Riverside
Page 20 of 21 pages
Ordinance No.
County.
SECTION VI - PENALTY: COSTS
13.20.280 Civil Penalties.
Any User who is found to have violated an Order of the City
Council or who willfully or negligently failed to comply with any
provision of this Ordinance, and the orders, rules, regulations
and permits issued hereunder, shall be fined not less than One
Thousand Dollars ($1,000) nor more than Six Thousand Dollars
($6,000) for each offense. Each day on which a violation shall
occur or continue shall be deemed a separate and distict offense.
Inaddition, to the penalties provided herein, the City may
recover reasonable attorneys' fees, court costs, court reporters'
fees and other expenses of litigation by appropriate suit at law
against the person found to have violated this Ordinance or the
orders, rules, regulations, and permits issued hereunder.
13.20.290 Criminal Penalties.
Any User who is found to have violated an Order of the City
Council or who willfully or negligently failed to comply with any
provision of this Ordinance, and the orders, rules, regulations
and permits issuedhereunder, shall be punishable by a fine not to
exceed Five Hundred Dollars ($500.00) or by imprisonment for a
period of not more than six (6) months, or by both such fine and
imprisonment for each offense. Each day on which a violation
shall occur or continue shall be deemed a separate and distinct
offense. In addition, to the penalties provided herein, the City
may recover reasonable attorneys' fees, court costs, court
reporters' fees and other expenses of litigation by appropriate
suit at law against the person found to have violated this
Ordinance or the orders, rules, regulations, and permits issued
hereunder.
13.20.300 Falsifying Information.
Any person who knowingly makes any false statements,
representation or certification in any application, record,
report, plan or other document filed or required to be maintained
pursuant to this Ordinance, or Wastewater Contribution Permit, or
who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this Ordinance, shall,
upon conviction, be punished by a fine of not more than One
Thousand Dollars ($1,000) or by imprisonment for not more than
six (6) months, or by both.
SECTION VII - SEVERABILITY
13.20.310 Invalidation.
If any provision, paragraph, word, section or article of this
Ordinance is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections, and
chapters shall not be affected and shall continue in full force
and effect.
SECTION VIII - CONFLICT
13.20.320 Inconsistency/Conflicts.
All other Ordinances and parts of other Ordinances inconsistent
or conflicting with any part of this Ordinance are hereby
repealed to the extent of such inconsistency or conflict.
Page 21 of 21 pages