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HomeMy WebLinkAbout2007-08-07; City Council; NS-851; Amending CMC related to sewer systems...1 EXHIBIT 1 ORDINANCE NO. NS-851 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, AMENDING TITLE 13, CHAPTER 13.04 OF THE CARLSBAD MUNICIPAL CODE BY THE 4 REVISION OF SECTIONS 13.04.010, 13.04.030 & 13.04.050 AND BY THE ADDITION OF SECTIONS 13.04.035, 13.04.45 & 5 13.04.090. 6H The City Council of the City of Carlsbad, California, hereby ordains as follows: 7 SECTION 1: That Title 13, Chapter 13.04 of the Carlsbad Municipal Code is amended 8 by the revision of Section 13.04.010 to read as follows: 9 "13.04.010 Definitions. 10 A. For the purposes of this chapter, the following words and phrases shall have the 11 meanings respectively ascribed to them by this section: 12 1. "Department" means the Public Works Department of the city. 13 14 2. "District" means the City of Carlsbad unless otherwise identified. 15 3. "Garbage" means the animal and vegetable waste from the handling, 16 preparation, cooking, and dispensing of food. 17 4. "Grease" means any material which is extractable from an acidified 18 sample of a waste by hexane or other designated solvent and as determined by the appropriate 19 procedure in standard methods. "Grease" includes fats and oils. 20 5. "Grease interceptor" means a pretreatment device designed and installed 21 to separate fats, oils, and grease from wastewater. 22 6. Industrial waste" means solid, liquid or gaseous substances discharged or 23 flowing from an industrial, manufacturing or commercial premises resulting from manufacturing, 24 processing, treating, recovery or development of natural or artificial resources of whatever 25 nature. 26 /// 27 /// 28 1 7. Industrial wastewater" means all water-carried wastes and wastewater of 2 the community excluding domestic wastewater and including all wastewater from any industrial 3 production, manufacturing, processing, commercial, agricultural or other operation. These may 4 also include wastes of human origin similar to domestic wastewater. 5 8. "Joint sewer system" means the sewer system constructed jointly by the 6 Vista Sanitation District, the city and the Buena Sanitation District pursuant to that certain 7 contract entitled "Basic Agreement between Vista Sanitation District and the City of Carlsbad for 8 the Acquisition and Construction of a Joint Sewer System" (County Contract No. 1858-2129E) 9 and all amendments and supplements thereto and as such sewer system is specifically 10 delineated on that certain map entitled "Map of Joint Sewer System-City of Carlsbad, Vista 11 Sanitation District and Buena Sanitation District" on file in the office of the clerk of the board of 12 supervisors of the Buena Sanitation District as Document No. 381247. 13 9. "Operator" means the Encina Administrative Agency. 14 10. "Owner" includes a holder in fee, life tenant, executor, administrator, 15 trustee, guardian or other fiduciary, lessee or licensee holding under any government lease or 16 license of real property. 17 11. "Person" means any person, firm, company, association, corporation, 18 political subdivision, municipal corporation, district, the state, the United States of America or any 19 department or agency of any thereof. 20 12. "pH" means the reciprocal of the logarithm of the hydrogen ion 21 concentration. It indicates the intensity of acidity and alkalinity on a pH scale running from 0 to 22 14. A pH value of 7.0, the midpoint of the scale, represents neutrality. Values above 7.0 indicate 23 alkalinity and those below 7.0 indicate acidity. 24 13. "Premises" means any lot, piece or parcel of land, building or 25 establishment. 26 14. "Public Works Director" means the Director of Public Works of the city or 27 his designee. 28 1 15. "Sanitary sewer overflow (SSO)" includes any overflow, spill, release, 2 discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. 3 SSOs include: 4 (I) Overflows or releases of untreated or partially treated wastewater that 5 reach waters of the United States: 6 (II) Overflows or releases of untreated or partially treated wastewater that 7 do not reach waters of the United States; and 8 (III) Wastewater backups into buildings and on private property that are 9 caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer 10 system. 11 16. "Sewage" means the waterborne wastes derived from ordinary human 12 living processes and of such character as to permit satisfactory disposal, without special treatment, into the public sewer, a private sewer, or by means of household septic tank systems and individual household aerobic units. 17. Sewer, Building or House. "Building or house sewer", also known as the "lateral", or the "sewer lateral" means a pipe or conduit carrying sanitary sewage and/or industrial 17 wastes from a building to the public sewer or a common sewer. 1 R10 18. Sewer, Main. "Sewer main" means any public sewer used to collect and 1Q convey sewage or industrial wastes to a publicly owned treatment works (POTW). on 19. Sewer, Private. "Private sewer" refers to a privately owned sewer, which is 21 not directly controlled by the city. 22 23 /// 24 /// 25 /// 26 /// 27 /// 28 M- 1 20. Sewer, Public. "Public sewer" means a publicly owned treatment works 2 (POTW), which is owned in this instance by Encina Joint Powers and its member agencies. This 3 definition includes the sewer main and any sewers that convey wastewater to the POTW plant, 4 but does not include pipes, sewers or other conveyances not connected to the facility providing 5 treatment. "Public sewer" also includes any sewers that convey wastewater to the POTW from 6 persons outside the cities of Carlsbad and Vista, the Vallecitos Water District, the Leucadia 7 Wastewater District, the Buena Sanitation District and Encinitas Sanitary District, who are, by 8 contract or agreement with said cities and/or districts, users of the Encina Water Pollution 9 Control Facility. 10 21. "Sewer system" or "Sanitary sewer system" means all construction and 11 appurtenant equipment utilized in the collection, transportation, pumping, treatment and final 12 disposal of sewage within the district. 22. "Slug" means any discharge of water, sewage or industrial wastes which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four-hour concentration of flows during normal operation. 23. "Standard methods" means the current edition of Standard Methods for 18 the Examination of Water and Wastewater as published by the American Public Health 1Q Association, and Water Pollution Control Federation. 20 24. "Suspended solids" or "SS" means solids that either float on the surface 21 of, or are in suspension in water, sewage or other liquids; and which are largely removable by 22 laboratory filtering and as determined by the appropriate procedure in standard methods. 23 25. "Toxic substances" means any substance whether gaseous, liquid or solid, 24 which when discharged to the sewer system in sufficient quantities may tend to interfere with any 25 sewage treatment process, or to constitute a hazard to human beings or animals, or to inhibit aquatic life or create a hazard to recreation in the receiving waters of the effluent from the 27 sewage treatment plant. 28 1 26. "Wastewater" means any liquid waste of any kind, whether treated or not, 2 and whether animal, mineral or vegetable including sewage, agricultural, industrial and thermal 3 wastes, which are discharged into or permitted to enter a public sewer." 4 SECTION 2: That Title 13, Chapter 13.04 of the Carlsbad Municipal Code is amended 5 by the revision of Section 13.04.030 to read as follows: Q "13.04.030 Use of public sewers required. 7 Every lot that has sanitary facilities requiring sewage disposal which is accessible to a 8 public sewer and is not connected shall be connected to the public sewer within ninety days after g the owner or person legally responsible has been notified to do so by the Public Works Director." 10 SECTION 3: That Title 13, Chapter 13.04 of the Carlsbad Municipal Code is amended ^ 1 by the addition of Section 13.04.035 to read as follows: "13.04.035 Sewage Discharge prohibited. A. Any Sanitary Sewer Overflow is prohibited." I O .. SECTION 4: That Title 13, Chapter 13.04 of the Carlsbad Municipal Code is amended ,,. by the addition of Section 13.04.045 to read as follows: .c "13.04.045 Responsibility for Maintenance.To ; *-, A. Maintenance of all sewer mains dedicated to and accepted by the City shall be -I g the responsibility of the City. ig B. Maintenance of all privately-owned sewer mains, and all lateral lines, equipment 20 and appurtenances connected to the City's sewer mains shall be the responsibility of the 21 property owner or parcel occupant/user. The property owner or occupant/user is responsible for 22 the cleaning and removal of blockages in the sewer lateral from the property being served to the 23 sewer main. The property owner or occupant/user is responsible for the maintenance, repair, 24 and replacement of the sewer lateral from the sewer main to and including the building. 25 /// 26 /// 27 /// 28 1 C. The city hereby grants a revocable license to any property owner who has 2 obtained a sewer connection permit pursuant to Chapter 13.10, or who, prior to the effective 3 date of Chapter 13.10, has legally connected his or her sewer lateral to the sewer main, to 4 retain his or her current sewer lateral placement within the city's right-of-way. 5 D. Property owners must comply with Title 11, Chapter 11.16 of this code, (Permits 6 for work or encroachments in public places), and any amendments thereto, prior to performing 7 any work in, or encroaching upon, the city's right-of-way." 8 SECTION 5: That Title 13, Chapter 13.04 of the Carlsbad Municipal Code is amended 9 by the revision of Section 13.04.050 to read as follows: 10 "13.04.050 Restrictions relating to use of public sewers. 11 A. No person shall discharge or cause to be discharged any stormwater, surface 12 water, groundwater, unpolluted industrial process water, roof runoff, subsurface drainage, or any 13 waters from an uncontaminated cooling system, swimming pool, decorative fountain or pond, 14 into any public sewer or any private sewer which is connected to the public sewer without written 15 permission in conformance with adopted regulations. 16 B. No person shall enter, obstruct, uncover or tamper with any portion of the public 17 sewer, or connect to it, or dispose anything into any sewer and/or sewer manhole without the 18 written permission of the Public Works Director. 19 C. No person or party shall remove or demolish any building or structures with 20 plumbing fixtures connected directly or indirectly to the public sewer without first notifying the 21 Public Works Director of such intention. All openings in or leading to the public sewer line or lines 22 caused by such work shall be sealed watertight and inspected by the Public Works Director 23 before being backfilled. 24 p. No person shall fill or backfill over, or cause to cover, or obstruct access to, 25 any sewer manhole. 26 E. No person shall erect any improvements, structures, or buildings over public 27 sewers without the written permission of the Public Works Director. 28 1 F. Except as hereinafter provided in this section, no person shall discharge or 2 cause to be discharged any of the following described substances, waters or wastes into any 3 public sewers: 4 1. Liquid or vapor having a temperature higher than one hundred forty 5 degrees Fahrenheit; 6 2. Water or waste which may contain more than 200 mg/l concentration of 7 fats, oils, or grease or more than thirteen pounds of such substances per day after 8 pretreatment by a grease interceptor, whichever is less, or containing substances which may 9 solidify or become viscous at temperatures between thirty-two degrees and one hundred fifty 10 degrees Fahrenheit; 11 3. Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive 12 liquid, solid or gas; 13 4. Toxic, noxious or malodorous liquid, solid, or gas deemed a public 14 hazard and nuisance; 15 5. Garbage that has not been properly shredded to a size of one-fourth '° inch or less so that all particles will be carried freely under normal flow conditions in the public 17 sewers; 1 Q 6. Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, 1Q tar, plastics, wood, paunch manure, paper substances or normally dry, solid wastes capable of 20 causing obstruction to the flow in or damage to sewers or other interference with the proper 21 operation of the sewerage works; 22 7. Water or wastes having a pH lower than 5.5 or higher than 9.5 or having 23 any other corrosive property capable of causing damage or hazard to structures, equipment, 24 and personnel of the sewerage works;25 /// 26 /// 27 /// 28 1 8. Water or wastes containing any substance in sufficient quantity to 2 discolor, injure, disrupt or interfere with the normal operation of any sewage treatment process, 3 constitute a hazard to human or animal life, create a public nuisance, or significantly lower the 4 quality of the receiving waters; 5 9. Water or wastes containing suspended solids of such character or 6 quantity that unusual attention or expense is required to handle such materials at a sewage 7 treatment plant; 10. Any unusual volume of flow or concentration of wastes constituting 9 "slugs" as defined in subsection (22) of Section 13.04.010; 10 11. Radioactive wastes or isotopes of such half-life or concentration that 11 may exceed limits established by the Public Works Director in compliance with applicable state 12 or federal regulations; 13 12. Water added for the purpose of diluting wastes which would otherwise 14 exceed applicable maximum concentration limitations; 15 13. Water or wastes containing substances which are not amenable to 16 treatment or reduction by the treatment processes employed, or are amenable to treatment 17 only to such degree that: 18 a. The resulting effluent cannot meet the waste discharge 19 requirements of the regional water quality control board or other agencies having jurisdiction 20 over the quality and protection of the receiving waters, or 21 b. The resulting sludge cannot meet limits for the chosen disposal 22 method. 23 24 25 26 27 28 1 G. No person shall discharge or cause to be discharged any fats and greases to the 2 sewer system if their concentration and physical dispersion results in separation and adherence 3 to sewer structures and appurtenances. If there is evidence of adherence of such materials to 4 said structures, or if such materials cause blockage in the sewer system, then the wastewater 5 carrying such materials must be effectively pretreated by a process or device to effect removal 6 from the flow before its discharge to the sewer system. Grease, oil and sand interceptors shall 7 be provided when deemed necessary by the Public Works Director for the proper handling of 8 liquid wastes containing grease in excessive amounts, and flammable materials, sand and other 9 harmful ingredients. All interceptors shall be of a type and capacity acceptable to the Public 10 Works Director and shall be located as to be readily accessible for cleaning and inspection: 1. Grease and oil interceptors shall be constructed of impervious materials 12 capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial 13 construction, watertight, and equipped with easily removable covers which when bolted in place 14 shall be gastight and watertight; 15 2. All grease, oil, and sand interceptors shall be maintained in continuously 16 efficient operation at all times by the owner at his expense. In the maintaining of these 17 interceptors, the owner shall be responsible for the proper removal and disposal by appropriate 18 means of the captured material and shall maintain records of the dates, amounts, and means of 19 disposal, which are subject to review by the Public Works Director. 20 H. Any person who discharges or causes to be discharged into the public sewers 21 any water or wastes having more than 300 mg/l of suspended solids shall be obligated to pay a 22 surcharge, occasioned by the extent to which such water or waste contains an excess over the 23 foregoing limitation of concentration. 24 I. Where preliminary treatment facilities are provided for any wastewater as a 25 condition of its acceptance, they shall be maintained continuously in satisfactory and effective 26 operation by the owner at his expense. 27 28 1 J. When required by the Public Works Director, the owner of any property served by 2 a building sewer carrying industrial wastewater shall install monitoring and recording equipment, 3 and a suitable control manhole in the building sewer to facilitate observation, sampling and 4 measurement of the wastes. Such manhole shall be readily accessible and safely located, and 5 shall be constructed in accordance with plans approved by the Public Works Director. The 6 manhole shall be installed and maintained by the owner at his expense. 7 K. All measurements, tests, and analyses of the characteristics of water and 8 wastewater to which reference is made in subsections (f), (g), and (h) of this section shall be 9 determined in accordance with the latest edition of the American Public Health Association's 10 Standard Methods for Examination of Water, Sewage and Industrial Wastes and shall be made 11 at the control manhole provided for in subsection (j) of this section, or upon suitable samples 12 taken at said control manhole. If no special manhole is available, the sampling location shall be 1 3 determined by the Public Works Director." 14 SECTION 6 That Title 13, Chapter 13.04 of the Carlsbad Municipal Code is amended 15 by the addition of Section 13.04.090 to read as follows: 16 "13.04.090 Public Health, Safety & Welfare Violations. 17 "In addition to the other civil and criminal penalties provided herein, any condition , g caused or permitted to exist in violation of any of the provisions of this chapter that is a threat to the public health, safety, and welfare may be declared and deemed a public nuisance, which I & may be summarily abated and/or restored as directed by the enforcement official in accordance20 with the procedures identified in Chapter 6.16. A civil action to abate, enjoin or otherwise 21 compel the cessation of such nuisance may also be taken by the city, if necessary." 22 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and 23 the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once 24 in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its 25 adoption. 26 /// 27 /// 28 \\ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 24th day of July, 2007, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of August, 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney ATTEST: LORRAIN /(SEAL)