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CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: July 26, 2005

Subject/Title: Waive first reading and consider proposed Ordinance deleting the existing Title 13 of the Municipal Code and establish a new Title 13 to provide for the regulation and use of City sewer systems.

Prepared by: David Stoops, Wastewater Operations Manager

Submitted by: Paul Zolfarelli, Director of Public Works

RECOMMENDATION
Waive first reading and consider proposed Ordinance deleting the existing Title 13 of the Municipal Code and establish a new Title 13 to provide for the regulation and use of City sewer systems.

PREVIOUS ACTION
On October 11, 1977, City Council adopted Sewer System Ordinance No. 284.

BACKGROUND
The City of Brentwood’s Wastewater Treatment Plant treats over three (3) million gallons per day (MGD) of wastewater for discharge into Marsh Creek. Currently, this discharge meets and in some cases exceeds strict Federal and State water quality standards set forth in the City’s National Pollution Discharge Elimination System Permit (NPDES) issued by the California Regional Water Quality Control Board. Additionally, the City’s Wastewater Treatment Plant discharges highly treated wastewater as recycled water which meets and in some cases exceeds State of California Title 22 Drinking Water Standards.

The California Regional Water Quality Control Board has required the City of Brentwood to implement a Pretreatment Program that meets Environmental Protection Agency (EPA) and State requirements based on 40 CFR § 403.8. The purpose of the new Ordinance is to establish the required legal authority to implement a Pretreatment Program. This new Ordinance will allow the City to survey dischargers, set local limits on sewer discharges, and allow the Public Works Department to begin a program for monitoring discharges from commercial/industrial users. Additionally, this new Ordinance will set up the legal authority to enforce penalties when dischargers are identified as the source of a “pass through” which causes a violation of the City’s NPDES permit.

Staff reviewed the current Sewer System Ordinance, which was first established in 1977 and believed the complexity and extent of the new changes would require a complete rewrite. The new Ordinance incorporates the required aspects of the old Ordinance which allows for consistency in the new Sewer System Ordinance.

FISCAL IMPACT
Staff will be returning to Council if needed, to amend the master fee schedule to recover anticipated costs associated with this Ordinance. These new fees will help fund any additional staff that would be required to support the Pretreatment Program. On November 9, 2004 Public Works staff gave an informational report to Council outlining a current and projected organizational chart. The organizational chart showed that staff had projected the need to hire new staff in support of the Pretreatment Program. The new staff would include a Laboratory Supervisor who would oversee the program and a full time Environmental Compliance Inspector who would be responsible for the day to day activities as required.

Based on the organizational chart presented to Council, staff had anticipated the need to hire additional staff when the City’s population was at 40,000 – 45,000. The City’s current population of 40,912 has triggered the evaluation of adding additional staff. The costs associated with funding these staff members should not exceed $250,000 per year with the majority of this being funded through the Environmental Compliance Program. This includes permitting inspection charges and program administration costs.

Attachment:
• Ordinance

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, CALIFORNIA DELETING THE EXISTING TITLE 13 OF THE CITY OF BRENTWOOD MUNICIPAL CODE AND ESTABLISH A NEW TITLE 13 TO PROVIDE FOR THE REGULATION AND USE OF CITY SEWER SYSTEMS.

WHEREAS, the Regional Water Quality Control Board has required the City to implement a Pretreatment Program that meets EPA and State requirements based on 40 CFR § 403.8; and

WHEREAS, the City of Brentwood treats residential and industrial sewage; and

WHEREAS, the City has the legal authority to enforce penalties when dischargers are identified as the source of a “pass through” which causes a violation of the City’s NPDES permit; and

WHEREAS, the City of Brentwood has developed an Ordinance that meets current regulatory requirements.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does ordain as follows:

Section 1.

Delete the existing Title 13 of the Brentwood Municipal Code and hereby establish a new Title 13 to read as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, CALIFORNIA DELETING THE EXISTING TITLE 13 TO THE CITY OF BRENTWOOD MUNICIPAL CODE AND ESTABLISH A NEW TITLE 13 TO PROVIDE FOR THE REGULATION AND USE OF CITY SEWER SYSTEMS.

The City Council of the City of Brentwood does hereby ordain as follows:

CHAPTER 13.04
Sections: Captions:
13.04.010 Purpose and policy
13.04.015 Conflicts with other provisions
13.04.020 Fiscal Management
13.04.025 Violation unlawful
13.04.030 Definitions
13.04.035 Abbreviations
13.04.040 Sewer required
13.04.045 Occupancy prohibited
13.04.050 Construction permit required
13.04.055 Construction requirements
13.04.060 Installation of backwater protection
13.04.065 Construction Inspection
13.04.070 Maintenance of sewer laterals
13.04.075 Limitation on point of discharge
13.04.080 Prohibited activities
13.04.085 Generally prohibited wastes
13.04.090 Specifically prohibited wastes
13.04.095 Prohibition on trucked and hauled wastes
13.04.100 Prohibition on garbage
13.04.105 Prohibition on use of diluting waters
13.04.110 Suspended solids -- Dissolved matter
13.04.115 Limitations on wastewater strength
13.04.120 Limitation on other pollutants
13.04.125 Holding tank wastes
13.04.130 Storm waters, surface water, groundwater
13.04.135 Medical wastes
13.04.140 Quantity of wastes
13.04.145 Refusal of Service and Disconnection
13.04.150 Pretreatment of industrial waste
13.04.155 Grease Removal Devices required
13.04.160 Grease Trap Inspection, Maintenance, Cleaning
13.04.165 Grease Interceptor Inspection, Maintenance, Cleaning
13.04.170 Screened industrial wastes and recording devices
13.04.175 Wastewater discharge permit required
13.04.180 Permit application
13.04.185 Determination on permit application
13.04.190 Permit denial
13.04.195 Non-transferability
13.04.200 Permit amendment
13.04.205 New sources
13.04.210 Compliance schedules
13.04.215 Revocation, suspension, or modification of permit
13.04.220 Appeal of decision of Director
13.04.225 Public access and confidentiality of information
13.04.230 Reporting requirements
13.04.235 Water conservation
13.04.240 Monitoring
13.04.245 Self-monitoring
13.04.250 Inspection and sampling
13.04.255 Charges and fees
13.04.260 Notices
13.04.265 Protection from Accidental Discharges
13.04.270 Reporting Accidental discharges
13.04.275 Employee training and notice
13.04.280 Disposal of unacceptable waste
13.04.285 Illegal sewer uses
13.04.290 Agreements in exceptional cases
13.04.295 Violations and Civil penalties
13.04.300 Show cause hearing
13.04.305 Abatement
13.04.310 Correction of violation and emergency action
13.04.315 Injunction
13.04.320 Falsifying information or tampering with processes
13.04.325 Compliance with federal pretreatment regulations
13.04.330 Improper Sewer Connections
13.04.335 Resolution Declaring Nuisance – Notice of Abatement
13.04.340 Form of Notice – Mailing
13.04.345 Hearing – Action by Council
13.04.350 Order to Abate Nuisance – Abatement by Property Owner
13.04.355 Account and Report of Cost
13.04.360 Notice of Hearing on Report and Assessment List
13.04.365 Hearing and Confirmation of Assessments – Lien against property
13.04.370 Collection on Tax Roll
13.04.375 Payments of Assessments, Annual Installments, Interest
13.04.380 Inspection and Correction Upon Sale


13.04.010 – PURPOSE and POLICY
These sanitary sewer use rules and regulations are intended to do the following:
A. Set uniform requirements for discharges into the wastewater collection and treatment system and enable the City to comply with the administrative provisions of the clean water grant regulations, the water quality requirements set by the applicable effluent limitations, national standards of performance, toxic and pretreatment effluent standards and all other discharge criteria which are required or authorized by state or federal law, and to derive the maximum public benefit by regulating the quality and quantity of wastewater discharged into the City of Brentwood sewer system.
B. Provide for and regulate the disposal of sanitary sewage into the sanitary sewer system of the City in such a manner and to such an extent as is reasonably necessary to sustain the ability of the sanitary sewer system to handle and dispose of sanitary sewage.
C. Provide for and regulate the disposal of industrial wastes into the sanitary sewer system of the City in such a manner and to such an extent as may be reasonably necessary to maintain and increase the ability of such system to handle and dispose of industrial waste without decreasing the ability of said system to handle and dispose of all sanitary sewage.
D. Prevent the introduction of pollutants into the sanitary sewer system which will pass through the treatment works of the City and cooperating agencies or otherwise be incompatible with such works or interfere with the ability of the works to treat, discharge and recycle wastewater, or to use or dispose of bio-solids.
E. Improve opportunities to recycle and reclaim treated effluent and wastewater Biosolids.
F. Protect the physical structures of the sanitary sewer system and the efficient functioning of its component parts.
G. Protect the City, its citizens, and the personnel working in the sanitary sewage system facilities.
H. Preserve and protect the health, safety and property of the public.
I. Protect the environmental health of Sacramento Delta Area and the Eastern Contra Costa County Water Shed.
J. Provide a means for determining wastewater volumes, constituents and characteristics, the setting of charges and fees and the issuance of permits to certain users.
K. Derive revenues to be used to defray the City's cost of operating and maintaining adequate wastewater collection and treatment systems and to provide funds for capital outlay, bond service costs, capital improvements and depreciation.
L. The territory served by the City shall be all premises within the boundaries of the City or the sewer service area of the City now or at any time hereafter connected to and served by, or required by this chapter to be connected to and served by the sewer system.
13.04.015 – CONFLICTS WITH OTHER PROVISIONS
A. In the event of any conflicts or inconsistencies between the provision of this chapter and any other provisions of this code and or existing City ordinance conflicts herewith, the provisions of this chapter shall prevail and or the provisions that provide the greatest protection to the sewage works and Sacramento Delta Area shall prevail as determined by the Director of Public Works.
13.04.020 – FISCAL MANAGEMENT
A. It shall be the duty of the Director of Public Works to supervise all connections to the sewer system and to enforce all operational provisions of this chapter, excepting only those relating to the administrative and fiscal management of this chapter including the billing and collection of charges and fees, and disposition of revenues under this chapter. All quantities of domestic sewage and industrial waste shall be determined by the Director of Public Works and shall be based upon the respective percentages and qualities of domestic sewage, industrial waste, water and/or solids actually discharged into the sewer system. Any owner or occupant of any premises who disagrees with any quantitative determination made by the Director of Public Works may, at his own expense, install measuring devices which are approved by the Director of Public Works.

B. The fiscal officer of the City shall keep an accurate accounting and records showing the source, amount and disposition of all funds received hereunder and shall deposit all revenues collected under this chapter in the appropriate enterprise fund accounts.

C. The City shall cause to be issued and shall maintain in good standing a surety bond conditioned upon the full and prompt deposit of revenues by the fiscal officer with and by the fiscal agent of the City as provided in Section 13.04.008.

D. All revenues received by the fiscal officer under this chapter, excepting all reimbursable connection charges provided for in this chapter, shall, when collected, be held by the treasurer or deposited by the treasurer with duly appointed banks, and disbursed for sewerage and sewerage-related functions exclusively, in accord with the budget categories of that enterprise.
13.04.025 – VIOLATION UNLAWFUL
A. It is unlawful for any person, firm, association or corporation to unknowingly and/ or knowingly violate any of the provisions of this chapter. Said violation is a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail of the county of Contra Costa for a period not exceeding one hundred eighty days, or by both such fine and imprisonment.
13.04.030 – DEFINITIONS
A. When used in this chapter or in connection with any resolution, regulation, permit, order, or other action undertaken pursuant to this chapter, the following words shall have the following meanings:
1. ACT or Act. “ACT” or “Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, P.L. 92-500, and amendments thereto, as well as any guidelines, limitations, standards, and regulations promulgated by the United States government through the Environmental Protection Agency pursuant to the Act.
2. Agency. “Agency” means the City when the context so indicates.
3. Ammonia. "Ammonia" means that form of nitrogen which is chemically definable as NH3.
4. Applicant. “Applicant” means the person making application for a permit for a sewer or plumbing installation or discharge, and shall be the owner of the premises to be served by the sewer or plumbing installation or from which the discharge is to occur, or the owner’s duly authorized agent.
5. Audit Protocols. "Audit protocols" means the procedures to be followed in performing a mass audit study.
6. Average Concentration. "Average concentration" means the concentration of a pollutant in an industrial user's discharge that is calculated by adding the concentrations of the particular pollutant in all composite samples taken during a given time period, including but not limited to self monitoring samples, and dividing the total by the number of samples taken.
7. Backwater Protection. "Backwater protection" means a backwater valve, ejector or pump system, or relief valve or a combination of two or more of these devices that is approved by the building official and intended to prevent sewage from ‘back-flowing’ into a structure.
8. Beneficial Uses. “Beneficial uses” means uses of the waters of the state that may be protected against quality degradation, including domestic, municipal, agricultural, and industrial supply, power generation, recreation, aesthetic enjoyment, navigation, and the preservation and enhancement of fish, wildlife, and other aquatic resources or reserves, and other uses, both tangible or intangible as specified by federal or state law.
9. Best Management Practices. “Best Management Practices” means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of pollutants to the sanitary sewer system which have been determined by the Director of Public Works to be cost effective for particular industry groups, business types, or specific industrial processes.
10. BOD or Biochemical Oxygen Demand. “BOD” or “biochemical oxygen demand” means the measure of decomposable material in domestic or industrial wastewaters as represented by the oxygen utilized in decomposition over a period of incubation of five (5) days at twenty degrees centigrade (20ºC) under laboratory conditions pursuant to Standard Methods.
11. Building. “Building” means any structure used for a residence, place of business, recreation, or other purpose of human habitation.
12. Building Sewer. “Building sewer” means that portion of any sewer conveying wastewater from the premises of a user to a community sewer, beginning at the plumbing or drainage outlet of any building and running to the lateral sewer at or near the property line.
13. Categorical Pretreatment Standards. “Categorical pretreatment standards” means the limitations on pollutant discharges to POTW’s promulgated by EPA in accordance with Section 307 of the Act, that apply to specified process wastewaters of particular industrial categories. [40 CFR 403.6 and Parts 405-471].
14. City. “City” means the City of Brentwood, a municipal corporation and general law City organized and existing under the Constitution and laws of the State of California.
15. City Manager. “City manager” means the City administrator or chief administrative officer of the City of Brentwood.
16. Clerk. “Clerk” means the City clerk of the City of Brentwood.
17. COD or Chemical Oxygen Demand. “COD” or “chemical oxygen demand” means the measure of chemically decomposable material in domestic or industrial wastewater as represented by the oxygen utilized as determined by the appropriate procedure described in standard methods.
18. Code of Federal Regulations or CFR. “Code of Federal Regulations” or “CFR” means the Code of Federal Regulations published by the Office of the Federal Register, National Archives and Records Administration. Whenever a reference is made to any portion of the CFR, or to any other federal regulation, that reference shall include to all amendments and additions to that portion of the CFR or regulation, now or hereinafter adopted.
19. Combined Sewer. “Combined sewer” means a sewer receiving both surface runoff and sewage.
20. Commercial Owner. "Commercial owner" means any owner who is not a residential owner, industrial owner or institutional owner.
21. Commercial Sewer Service. "Commercial sewer service" means the furnishing of sewer service to the premises of any commercial owner.
22. Community Sewer. “Community sewer” means a sewer owned and operated by the City and tributary to a treatment facility operated by the City.
23. Compatible Pollutant. “Compatible pollutant” means biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the City’s National Pollutant Discharge Elimination System (NPDES) Permit if the City’s treatment plant is designed to treat such pollutants and if fact, does remove such pollutants to a substantial degree.
24. Composite Sample. “Composite sample" means a flow-proportional or time-proportional sample, which accurately represents the average pollutant concentration discharged during a continuous time period. A composite sample may be obtained manually or automatically, and discretely or continuously. For manual compositing, at least six (6) individual samples from each sample point shall be combined and mixed to obtain one composite sample; flow-proportion may be obtained either by varying the time interval between each discrete sample and the volume of each discrete sample.
25. Contamination. “Contamination” means an impairment of the quality of water of the State by waste to a degree that creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” includes any equivalent effect resulting from the disposal of wastewater, whether or not waters of state are affected.
26. Connection Charge. "Connection charge" or "public facilities fees" mean the charges levied upon all premises to be connected or required to be connected to the sewer system, which charges shall be based on the value of the system such premises are receiving the use of as well as the cost of expansion of the system to provide for such new connection.
27. Contractor. “Contractor” means an individual, firm, corporation, partnership, or association licensed by the State of California to perform the type of work to be done under the permit.
28. Cost Effective. "Cost effective" means that total project costs, if financed over a five (5) year period at the prime interest rate published in the Wall Street Journal plus two percent (2%) at the time the project costs are being determined, do not exceed the total savings that would be generated by the project during the same five (5) year period. Project costs shall also be considered cost effective, if financing assistance is available to the discharger, from the City or any other source, at a lower rate and the project costs, if financed over a five (5) year period at that rate do not exceed the total savings that would be generated by the project during the same five (5) year period.
29. Council. "Council" means the City Council of the City of Brentwood.
30. Critical User. "Critical user" means a discharger whose wastewater contains priority pollutants, or who discharges waste that has the potential to cause interference, excluding sanitary sewage.
31. Date of Presentation. "Date of presentation" means the date upon which a bill or notice is mailed or delivered personally to the owner.
32. Department. “Department” means the City of Brentwood Department of Public Works.
33. Diluting Waters. "Diluting waters" means non-contact cooling water, boiler blow-down, domestic sewage, groundwater, storm water, surface drainage, or potable waters which are not a part of an industrial process and which do not contain priority pollutants but which are combined with industrial wastewater prior to the monitoring point for industrial wastewater discharge.
34. Direct Connection Benefit. "Direct connection benefit" means the benefit derived from availability to any premises of a main sewer to which connection can be made by a house sewer or main extension.
35. Director of Public Works. "Director of Public Works" means the Director of Public Works or the City Engineer, or Engineer or his or her designee, in either case being the department or division manager responsible for supervising wastewater operations.
36. Discharger. “Discharger” means any person who discharges or causes a discharge to a public sewer. See also specific discharger definitions.
37. Dissolved Solids or Dissolved Matter. “Dissolved solids” or “dissolved matter” means the solid matter in solution in the wastewater and shall be determined by evaporation of a sample from which all suspended matter has been removed by filtration as determined by the procedures in the standard methods.
38. Domestic Sewage. "Domestic sewage" means the water-borne waste derived from the ordinary living processes and of such character as to permit satisfactory disposal, without special treatment, into the sewer system.
39. Domestic Sewer Service. "Domestic sewer service" means the furnishing of sewer service to the premises of any residential owner.
40. Domestic Wastewater. “Domestic wastewater” means the water-carried wastes and wastewater produced from noncommercial and non-industrial activities and that result from normal human living processes.
41. Drainage Unit Fixture. "Drainage unit fixture" means a drainage unit fixture listed in Uniform Plumbing Code.
42. Dwelling Unit. "Dwelling unit" means any single-family dwelling of one or more rooms having one or more plumbing fixtures suitable for residential occupancy by any number of persons living together as a single family, including single-family dwelling units, and each group of rooms constituting a dwelling unit for a single family in any multiple-dwelling structure.
43. Effluent. “Effluent” means the liquid outflow of any facility designed to treat, convey, or retain wastewater.
44. Engineer. “Engineer” means the City Engineer or designee.
45. Family. “Family” means any one or more persons comprising one family unit and residing in the same dwelling unit.
46. Garbage. “Garbage” means wastes from the preparation, cooking and dispensing of foods, and from the handling, storage, and sale of produce.
47. Grab Sample. “Grab sample” means a single discrete sample collected at a particular time and place which represents the composition of the wastestream only at that time and place with no regard to the flow in the wastestream.
48. Gravity Separation Interceptor. “Gravity separation interceptor” means any facility designed, constructed, and operated for the purpose of removing and retaining dangerous, deleterious, or prohibited constituents from wastewater by differential gravity separation before discharge to the public sewer.
49. Grease. "Grease" means either-soluble matter, and shall include each of the following two types: Dispersed grease, which means grease which is not floatable grease; Floatable grease, which means grease which floats on the surface of quiescent sewage water or other liquid or which floats when mixed or added to water.
50. Groundwater Discharger. “Groundwater discharger” means a discharger that pumps and treats contaminated groundwater and discharges to the sanitary sewer system. This class of discharger is variable, so that some permits are a year in length while others may be written for shorter durations. Hydrocarbons are the most common pollutants.
51. Heavy Discharger. “Heavy discharger” means a discharge that may contribute over 150 pounds per day of BOD or TSS to the sanitary sewer system. Heavy dischargers are classified as Significant Industrial User (SIU’s) if the volume of discharge is greater than 25,000 gallons/day or they use processes that have the potential to detrimentally affect the processes of the plant.
52. Holding Tank Waste. “Holding tank waste” means any waste from holding tanks, such as vessels, chemical toilets, trailers, septic tanks, and vacuum-pump tank trucks.
53. House Sewer. "House sewer" means any part of any sewer piping beginning at the junction thereof with any building plumbing system at not closer than two feet outside the foundation wall of the building serviced, and terminating in any main sewer.
54. Inadequate Height Differential. "Inadequate height differential" means that the flood level rim of a drainage unit fixture on a property's sanitary sewage drainage system is less than one foot above the next upstream manhole or flushing inlet cover on the sanitary sewer main serving the fixture's drainage piping.
55. Incompatible Pollutant. “Incompatible pollutant” means any pollutant that is not a “compatible pollutant” as defined above.
56. Individual system. “Individual system” is defined as a system which consists of (1) the drainage pipes of a structure and the septic tank and subsurface absorption system to which they are connected; or (2) any alternative system designed for the disposal of sewage and acceptable to the Contra Costa County department of environmental health.
57. Industrial Connection Sewer. “Industrial connection sewer” means the sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying industrial wastewater.
58. Industrial Owner. "Industrial owner" means any owner on whose premises any manufacturing or processing activity for profit is engaged in, including the manufacturing or processing of agricultural products, animals, poultry, goods, wares or other products or materials.
59. Industrial Sewer Service. "Industrial sewer service" means the furnishing of sewer service to the premises of any industrial owner.
60. Industrial User. "Industrial user" means any non-residential user that discharges industrial wastes to the sanitary sewer system.
61. Industrial Waste. "Industrial waste" means the wastes from producing, manufacturing and processing operations of every kind and nature except domestic sewage.
62. Industrial Wastewater. “Industrial wastewater” means all water-carried wastes and wastewater of the community, excluding domestic wastewater and uncontaminated water, and includes all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes from non-human origin.
63. Inspector. “Inspector” means a person authorized by the Director to inspect wastewater generation, conveyance, processing, disposal, and monitoring facilities.
64. Institutional Owner. "Institutional owner" means any owner, public or private, operating a public or nonprofit school, church, hospital, lodge, club, fire department, library, memorial building or other public or nonprofit activity.
65. Institutional Sewer Service. "Institutional sewer service" means the furnishing of sewer service to the premises of any institutional owner.
66. Interference. "Interference" means a discharge which alone, or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the processes or operation of the sanitary sewer system, including the POTW, prevents the POTW from using its chosen sludge use/disposal practice, or causes or significantly contributes to a violation of any requirement of the National Pollutant Discharge Elimination System (NPDES) Permit, which is a permit issued to the City pursuant to Section 402 of the Act. "Interference" also includes prevention of bio-solids use or disposal by the POTW in accordance with published regulations providing guidelines under Section 405 of the Act [33 U.S.C. §§1251-1387] or in regulations developed pursuant to the Solid Waste Disposal Act (SWDA) [42 U.S.C. §§6901, et seq.], the Toxic Substances Control Act [15 U.S.C. §§2601-2654], or more stringent state regulations (including those contained in any state bio-solids management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
67. Lateral sewer. “Lateral sewer” means the portion of a sewer lying within a public right-of-way or easement between the City cleanout and the main sewer to which a building sewer is connected.
68. Licensed Professional. "Licensed Professional" means a person authorized under California law to render an applicable certification to the property owner and the City regarding a specific question under this section.
69. Light Discharger. “Light discharger” means a discharger that contributes less than fifty (50) pounds per day of BOD or suspended solids to the sanitary sewer system. This category is often defined by whether or not the discharger has a grease trap.
70. Main Extension or Sewer Extension. "Main extension or sewer extension" means the extension of any main trunk sewer or main sewer, exclusive of house sewers and service connections, beyond existing facilities in streets and public easements.
71. Main Sewer. “Main sewer” means a public sewer designed to accommodate more than one lateral sewer and is constructed in any street or public easement.
72. Major contributing industry. “Major contributing industry” means any wastewater contributor identified in the Standard Industrial Classification (SIC) Manual in any of Divisions A, B, D, E, and I that:
a. Has a discharge flow of 50,000 gallons or more per average work day; if seasonal, the average shall be computed on the period of use; or
b. Has a flow of or pollutant loading greater than five percent (5%) of the total flow to the POTW.
73. Main Trunk Sewer. "Main trunk sewer" means any sewer constructed in any street or public easement to accommodate a system of main sewers.

74. Main Trunk Sewer Extension Benefit. "Main trunk sewer extension benefit" means any benefit, other than a direct connection benefit, derived from the availability to any premises of a main trunk sewer extension, the cost of construction of which was paid by any person after the effective date of this chapter, and no part of the cost of construction of which was paid by the owner of such premises or his predecessor. No premises shall be deemed to derive main trunk sewer extension benefit if any further main trunk sewer extension is required to connect such premises to the sewer system.
75. Manager. “Manager” means the City Manager.
76. Mass Audit Study. "Mass audit study" means an investigation of pollution prevention and source reduction measures performed by or for an industrial user, pursuant to audit protocols adopted by the Director, to analyze the volume and concentration of nickel, copper, and/or any other priority pollutant identified in regulations adopted by the Director in an industrial user's process streams and discharge, and to identify the maximum feasible reduction measures available to the industrial user.
77. Maximum Allowable Concentration. "Maximum allowable concentration" means the highest permissible concentration or other measure of pollutant magnitude taken at a specific point in time.
78. Maximum Feasible Reduction Measures. "Maximum feasible reduction measures" means all individual measures, and all functionally interdependent measures, of reducing the mass of specified pollutants in an industrial user's discharge, which the Director finds would be cost effective if installed by the industrial user. For the purpose of this chapter, individual measures which are not cost effective shall nonetheless be considered part of a functionally interdependent group of cost-effective measures if they substantially reduce the mass of pollutants discharged, and the other measures with which they are grouped are their functional prerequisite.
79. Moderate Discharger. “Moderate discharger” means a discharger that contributes fifty (50) to one hundred fifty (150) pounds per day of BOD or suspended solids to the sanitary sewer system. This category is generally defined by the presence of a grease interceptor or one or more grease traps.
80. Multiple Dwelling Structure. "Multiple-dwelling structure" means any two or more dwelling units in any single building or structure or group of building or structures, including any apartment house or apartment court, excepting any multiple lodging structure.
81. Multiple Lodging Structure. "Multiple lodging structures" means any two or more lodgings units in any single building or structure or group of buildings or structures, including any rooming-house, hotel or motel.
82. New Source. “New source” means any wastewater generating processes constructed after the publication of proposed Pretreatment Standards that are applicable to that source and that are independent of an existing source.
83. Non-Conventional Discharger. “Non-conventional discharger” means a discharger involved in any business or manufacturing where the possibility exists that a hazardous or toxic material may be discharged to the sewer system.
84. Outlet. “Outlet” means the end of a house plumbing system three (3) feet outside the foundation of the building.
85. Occupant. "Occupant" means any person actually occupying any premises, whether as owner or tenant or under contract or otherwise.
86. Owner. "Owner" means the person owning fee title to any premises as shown by the official records of the county recorder of Contra Costa County.
87. Pass-Through. “Pass-through” means a discharge that exits the sewage treatment system to the waters of the United States in quantities or concentrations that alone, or in conjunction with other discharges, causes a sewage authority to violate its NPDES permit.
88. Peak Flow Rate. “Peak flow rate” means the average rate at which wastewater is discharged to a public sewer during the highest thirty (30) minute flow period in the preceding twelve (12) months.
89. Permit. “Permit” means any written authorization required pursuant to this or any other ordinance or regulation of the City for the installation of any sewer or the discharge of waste into the sewer system.
90. Person. "Person" means any person, firm, company, corporation, partnership, association or any public corporation billed for connection to or for facilities or services furnished by the sewer system.
91. pH. "pH" means the logarithm of the reciprocal of the concentration of hydrogen ions in moles per liter of solution.
92. Plant. “Plant” means the City of Brentwood Publicly Owned Treatment Works.
93. Plumbing System. “Plumbing system” means all plumbing fixtures and traps or soil, waste, special waste and vent pipes, and all sanitary sewer pipes within a building and extending to the building sewer connection three (3) feet outside the building foundation.
94. Pollution. “Pollution” means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
95. POTW. “POTW” means a Publicly Owned Treatment Works. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to the POTW.
96. Premises. “Premises” means a single-family dwelling, duplex, triplex, quad-plex, apartment house, commercial building, industrial building, or other structure used or useful for habitation or other occupancy of human beings.
97. Pretreatment or Treatment. ”Pretreatment” or “treatment” means the reduction of the amount 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 chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR Section 403.6(d).
98. Priority Pollutants. "Priority pollutants" means all pollutants as defined by the "General Pretreatment Regulations" of the Environmental Protection Agency; found in 40 CFR 401 and 403.
99. Process Flow. "Process flow" means the daily, twenty-four (24) hour, flow of wastewater from any kind or nature of production, manufacturing or processing operation, including industrial and commercial operations where water is used for the removal of any type of waste other than sanitary sewage. Process flow does not include diluting waters.
100. Public Corporation. "Public corporation" means the City or any political subdivision, City, county, district, the state of California or the United States of America, or any department or agency of any thereof. The singular in each case shall include the plural.
101. Publicly Owner Treatment Works or POTW. “Publicly owned treatment works” or “POTW” means a treatment works as defined by Section 212 of the Act [33 U.S.C. section 1292], which is owned by the City. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewer, or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, “POTW” shall also 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 POTW.
102. Public Sewer. “Public sewer” means any sewer dedicated to public use and whose use is controlled by a public corporation.
103. Reasonable Control Measures. "Reasonable control measures" means control technologies, best management practices, source control practices and waste minimization procedures which prevent or reduce the introduction of pollutants to the sanitary sewer system and are determined by the Director to be cost effective for particular industry groups, business types, or specific industrial processes.
104. Residential Owner. "Residential owner" means any owner whose premises are used solely for residential purposes by any one or more persons.
105. Sanitary Sewer. “Sanitary sewer” means a sewer that carries sanitary sewage to which storm, surface, and groundwater are not intentionally admitted.
106. Sanitary Sewage. "Sanitary sewage" means water-carried wastes from residences, business buildings, institutions, and industrial establishments, excluding ground, surface and storm waters, subsurface drainage and also excluding industrial waste.
107. Sanitary Sewer System or Sewerage System. "Sanitary sewer system" or “sewerage system” means all sewers, treatment plants, and other facilities owned or operated by the City for carrying, collecting, pumping, treating, and disposing of sanitary sewage and industrial wastes.
108. Sewage. “Sewage” means a combination of water-carried waste from residences, business buildings, public buildings, institutions, and industrial establishments.
109. Sewage Pumping Plant. “Sewage pumping plant” means any facility designed and constructed to raise wastewater in elevation or to overcome head losses due to pipeline friction.
110. Sewer. "Sewer" means a pipe or conduit for carrying sewage.
111. Sewer Service. "Sewer service" means the services and facilities for collection, treatment and disposal of sewage furnished or available to premises by the sewer system.
112. Sewer System. "Sewer system" means the entire municipal sanitary sewer system of the City of Brentwood together with such additions or improvements thereto as may be made from time to time, and which entire system includes the acquisition, construction, operation, maintenance, financing, repair and upgrading of the system and its appurtenances and services necessary to that enterprise.
113. Sewerage. “Sewerage” means any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater.
114. Side Sewer. “Side sewer” means the sewer line beginning at the house outlet and terminating at the main seer and includes the building sewer and the lateral sewer.
115. Significant Change. "Significant change" means any change in an industrial user's operation that result in a flow that exceeds the expected peak flow as shown in the Sewage Treatment Plant Expansion Connection Charge calculation for the property on which the industrial user is located.
116. Significant Industrial User or SIU. “Significant industrial user” or “SIU” means:
a. A discharger subject to Categorical Pretreatment Standards; or
b. A non-categorical discharger that in the opinion of the manager, requires special regulation or source control; or
c. A non-categorical discharger that contributes a process wastestream that makes up five percent (5%) or more of the average dry weather capaCity of the City of the POTW treatment plant, or that discharges an average of 25,000 gallons or more per day of process wastewater to the POTW; or
d. A non-categorical discharger that contributes more than 150 pounds per day of BOD or suspended solids.
117. Significant Non-Compliance. “Significant non-compliance” means a compliance status assigned to an industrial discharger meeting any of the following criteria:
a. Chronic violations exceeding the daily maximum limit or the average limit sixty-six percent (66%) of the time during a 6-month period of the same pollutant parameter; or
b. Technical Review Criteria (TRC) violations in which thirty-three percent (33%) or more of measurements for each pollutant parameter taken during a 6-month period equal to or exceeding the product of the applicable limit and the TRC value (1.4 times the limit for conventional pollutants or 1.2 times the limit for toxic pollutants); or
c. A violation of pass-through or interference; or
d. A discharge of imminent endangerment to human health, welfare, or the environment, or which require the POTW to use its emergency authority under 40 CFR section 403.8(f)(1)(vi)(B).
e. Violation of a compliance milestone by ninety (90) days; or
f. Violation of report submittal deadlines by sixty (60) days; or
g. Failure to report non-compliance; or
h. Any other violation deemed significant by the Director.
118. Single-Family Unit. “Single-family unit” means the place of residence of a single family. Property improved for multi-family purposes shall constitute the number of units that the facilities thereon provide in number of single-family units. When such improvements are for other than residential purposes, the number of units shall be determined by dividing the total number of persons regularly using or occupying those premises by four (4).
119. Standard Methods. "Standard methods" means the procedures set forth in the Code of Federal Regulations unless another method for the analysis of industrial wastewater has been approved in writing in advance of use of the procedure by the Director. The current approved edition of Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association will be used. All analyses shall be performed by a laboratory certified by the State for the specific pollutants and matrix to be analyzed, unless otherwise approved in writing, by the Director, prior to performance of a sample analysis.
120. Storm Sewer or Storm Drain. “Storm sewer” or “storm drain” means a sewer that carries storm and surface or groundwater and drainage, but excludes sewage and polluted industrial wastes.
121. Storm Waters. “Storm waters” means the flow resulting from rainfall.
122. Street. “Street” means any public highway, public road, public street, public avenue, public alley, public way, public place, public easement, or public right-of-way.
123. Suspended Solids or Suspended Matter. "Suspended solids" or “suspended matter” means solids that either floats on the surface of, or are in suspension in, water, sewage, or other liquids and that removable by laboratory filtration in accordance with procedures described in Standard Methods.
124. Technical Review Criteria or TRC. “Technical review criteria” or “TRC” means the multipliers used to gage the degree or severity of violations.
125. Total Toxic Organics. "Total toxic organics" (TTO’s) means the sum of the concentrations for each of the regulated toxic organic compounds listed at 40 CFR 401.15 and which are found in the discharge at a concentration greater than ten (10) micrograms per liter.
126. Toxic Pollutant. “Toxic pollutant” means any pollutant or any combination of pollutants listed as toxic in regulations promulgated by the EPA under the provisions of CWA 307 (a) or other statutes.
127. Treasurer. "Treasurer" means the City treasurer of the City of Brentwood.
128. Trucked or Hauled Waste. "Trucked or hauled waste" means any waste discharged into the sanitary sewer system after being placed in a motorized vehicle for removal from the location where the waste was generated or produced.
129. Trunk Sewer. “Trunk sewer” means a sewer constructed, maintained, and operated by the City that conveys wastewater and into which lateral and collecting sewers discharge.
130. Uncontaminated Water. “Uncontaminated water” means any wasted water of the community not contaminated or polluted with wastewater and that is suitable or could readily be suitable for discharge to the City’s storm water drainage system.
131. User. "User" means any person responsible for payment of sewer service charges.
132. Wastewater. “Wastewater” means the liquid- and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, that is contributed into or permitted to enter the POTW.
13.04.035 – ABBREVIATIONS
A. When used in this chapter or in connection with any resolution, regulation, permit, order, or other action undertaken pursuant to this chapter, the following abbreviations shall have the following meanings:
BOD — Biochemical Oxygen Demand
CFR — Code of Federal Regulations
COD — Chemical Oxygen Demand
EPA — Environmental Protection Agency
L — Liter
Mg — Milligrams
mg/L — Milligrams per liter
NPDES — National Pollutant Discharge Elimination System
SIC — Standard Industrial Classification
SWDA — Solid Waste Disposal Act [42 U.S.C. section 6901 et seq.]
USC — United States Code
TSS — Total Suspended Solids
13.04.040 SEWER REQUIRED
A. Requirement to Connect. No owner or occupant of any premises within the City on which sewage is produced (1) on which premises the nearest outlet of the plumbing system is located within three hundred (300) feet from the point at which a connection can be made to the sewer system, or two (2) having no plumbing system, but in which a plumbing system could be installed with the nearest outlet located within three (300) hundred feet from the point at which a connection could be made to the sewer system, shall use any means of sewage disposal other than through the sewer system. The owner of any premises so located and upon or in which any sewage is produced shall be required to connect, at owners expense, such premises to the sewer system within ninety days from the date when a main sewer located within the distance specified above is completed and available for connection to such premises. The ninety-day period shall not begin until the City has provided written notification of the duty to connect to the sewer system to the property owner listed on the latest taxation rolls.
B. Available for Connection. Availability for connection shall be defined as a sewer main which is one (1) located in the street on which the property fronts, two (2) is sized to adequately handle the additional sewage and three (3) extends across the full frontage of the subject property. The requirements of this section shall not be construed to require an owner or occupant to extend a sewer main.
C. Waiver. The above requirement to connect to the sewer system may be waived by the Director of Public Works, provided that the owner or occupant of such premises provides written documentation from the Contra Cost County Health Department that the existing system is functioning properly. If the system is not functioning properly, but may be made to do so with minor repairs, a waiver may be granted subject to the discretion of the Director of Public Works. Properties which require major modifications to the septic system, such as the replacement of a leach-field, shall not be eligible to receive a wavier and will be subject to subsection A of this section. Furthermore, any properties which previously received waivers and subsequently required major modifications to the septic systems, shall also be subject to subsection A of this section.
D. Reinspection Upon Sale. Properties operating under a wavier of this section shall be required to be reinspected upon sale of the property or transfer of title. Not submitting written verification from the Contra Costa County Health Department within thirty (30) days after the property is sold or is transferred shall invalidate the waiver, and the requirements of subsection A of this section shall apply.
E. Applications and Fees. Applications to apply for a waiver may be obtained at the City public works department. This shall be accompanied by a processing fee, the amount of which shall be established by City Council resolution. Fees for inspection by the Contra Costa County Health Department shall be the responsibility of the owner or occupant of the premises.
F. Separate Connections. There shall be a separate connection to the sewer system for each building or structure served, except that pursuant to the approval of the Director of Public Works any two or more buildings or structures on the same lot may be served by one sewer connection.
G. Industrial Waste. No owner or occupant of any premises within the City on which industrial waste is produced shall discharge industrial waste into the sewer system without first obtaining a written permit from the Director of Public Works for such connection. No such owner or occupant of any such premises shall use any means of industrial waste disposal other than through the sewer system. The issuance of permits pursuant to this subsection shall be conditioned upon the installation by the applicant of such protective devices as shall be determined by the Director of Public Works as provided in this chapter.

H. Each building permit for a structure containing a plumbing system, or subdivision or parcel map improvement plans shall contain provisions for connection to the sewer system except as follows:

1. An individual system has been approved by the Contra Costa County department of environmental health; and
2. Minimum lot size is five acres. For purposes of this chapter, each lot within a subdivision shall meet the five-acre minimum lot size requirement regardless of whether each lot has an individual septic system or more than one lot is served by a common septic system; and
3. Sewer lines are constructed for future connection to the sewer system or a deferred improvement agreement is approved by the City Council; and
4. The City's discretionary action regarding the development or subdivision of the property, including but not limited to subdivision map, parcel map, design review or conditional use permit, expressly allows use of an individual system;
5. The intended use is single-family residential, industrial, commercial, or agricultural.
I. The minimum lot size requirements of this section may be reduced to one acre if the lot was a legally recorded lot prior to December 14, 1989.

J. The City Council may grant to a premises outside the City a permit to connect to the sewer, but before a permit will be granted to any premises outside the City, the City Council shall find and determine that:
1. The applicant is subject to all the provisions of this chapter;
2. The applicant must submit an application form, together with a recommendation for approval by the Director of Public Works. The application must be accompanied by the payment of twenty-five dollars, for the processing of such application; the fee is not returnable;
3. The applicant must execute an agreement covenanting payment of all charges and compliance with all City ordinances and policy positions relating to sewers and services, in a form approved by the City.
K. In passing upon any application for sewer service outside the City, the City Council shall determine that approval of the application is in the best interests of the City and is in conformance with existing policy positions developed by the council.
L. Additional charges shall be as follows:
1. Prior to the issuance of any permit, all fees as provided by this chapter shall be paid;
2. The charge for sewer service shall be an amount determined by resolution of the City Council, but such charge shall never be fixed at an amount less than the total charges, including taxes, assessments and fees for all service to a premises within the City limits, and shall be paid in the manner and time prescribed for premises within the City limits.
13.04.045 – OCCUPANCY PROHIBITED
A. No building, industrial facility nor other structure shall be occupied or used until and unless the owner of the premises has complied with all applicable rules and regulations of this chapter.
13.04.050 – CONSTRUCTION PERMIT REQUIRED
A. Approval required. No person shall construct or cause to be constructed, or alter or cause to be altered, any public sewer, lateral sewer, house connection or industrial connection sewer, sewage pumping plant, pollution control plant, or other sewerage facility in the City where existing or proposed wastewater flows will discharge directly or indirectly to City facilities without first obtaining approval of the sewerage construction from the City. This subsection shall not apply to duly authorized City employees or persons contracted to the City to perform the work for the City.
B. Permit required for construction of sewer or sewer connection. No person shall construct a building sewer or lateral sewer or make any connection with or opening into, use, alter, or disturb any public sewer or appurtenances or perform any work on any lateral or building sewer without first obtaining a written permit from the City Planning Department and paying all fees and connection charges.
C. A person legally entitled to apply for and receive such a permit shall make application on forms provided by the City for that purpose. The applicant shall give a description of the character of the work to be done, and the location, ownership, occupancy, and use of the premises related to the work. The Director of Engineering may require plans, specifications, or drawings, and such other information as the Director of Engineering may deem necessary in their professional judgment.
D. If the Director of Engineering determines that the plans, specifications, drawings, description, and information furnished in connection with the application are in compliance with this code and the ordinances, rules, and regulations governing the proposed work and installation, the Director shall issue the permit upon payment of the required fees and charges. The Director of Engineering may attach conditions to the permit that are reasonably necessary to ensure compliance with this code and the ordinances, rules, and regulations governing the proposed work and installation.
1. Applications. Each applicant for connection may be required to sign, on a form provided by the City, an application which shall set forth:
a. Date and place of application;
b. Location of premises to be served;
c. Date the applicant will be connected to the sewer system;
d. Whether the premises have been heretofore supplied with sewer service by the City;
e. Purpose for which service is to be used;
f. Address to which bills are to be mailed or delivered;
g. Whether applicant is owner or agent for the premises;
h. Such other information as the City may reasonably require.
E. Material Change. Whenever any material change is made in the size, character or extent of the utilizing equipment or operations for which the City is supplying sewer service, the owner shall be responsible for giving and shall immediately give the Director of Public Works written notice of the extent and nature of the change.
F. Failure to File. Failure by any person to file his application, containing the information required by this chapter, shall constitute a violation of this chapter. No application shall be conclusive as to the matters therein set forth nor shall the filing of any application preclude the City from collecting from the owner responsible for payment (as provided in this chapter) by appropriate action, such sum as is actually due and payable for sewer service under the provisions of this chapter. Each application shall be subject to verification by the Director of Public Works.
G. Written Contract. The City may require a written contract with any person as a condition precedent to sewer service in any case where unusual quantities of water or construction of special facilities are or will be required.
H. Compliance with permit. After issuance of the permit, no change shall be made in the location of the sewer, the grade, materials, or other details from those described in the permit and as shown in the approved plans and specifications for which the permit was issued nor any deviation shall occur from any condition attached to the approved permit except with written authorization from the Director of Engineering, the inspector, or other duly authorized City employee.
I. Agreement. The applicant’s signature on an application for a permit pursuant to this section shall constitute an agreement by the applicant and any person whom the applicant represents in connection with the application to comply with the terms, requirements, and conditions of this code, the ordinances, rules, and regulations governing the proposed work and installation, with the approved plans and specifications for the work, if any, and with the conditions placed on the permit as well as any corrections or modifications that may be ordered or permitted by the City. This agreement shall be binding on the successors and assigns of the applicant and the persons whom the applicant represents in connection with the application.
J. Costs paid by owner. All costs and expenses incident to the installation and connection of any sewer or other work for which a permit has been issued pursuant to this section shall be borne by the owner of the premises to be served by the work. The owner shall indemnify the City and its officers and employees from any loss or damage that may directly or indirectly be caused by the work.
K. Additional permits. The persons seeking to do the work under a permit issued pursuant to this section shall be solely responsible for obtaining all other permits from any agency or permission from any person necessary to performing the work, including any excavation or encroachment permit from the City.
L. Liability. Neither the City, nor any of its officers, employees, or agents, shall be answerable for any liability for injury or death to any person or damage to any property arising during or growing out of the performance of work performed under any permit issued pursuant to this section. The ‘permit holder’ shall be answerable for and save the City, its officers, employees, and agents harmless from any liability imposed by law upon the City, its officers, employees, and agents, and from any claims that may be made against the City, its officers, employees, and agents, including all costs, expenses, attorney fees, fees, and interest incurred in defending any such liability or claims. The permit holder shall be responsible for any defects in the design or performance of work under the permit or any failure that may develop in that work.
M. Beneficial Sewer Extension. If the construction of any sewer extension is otherwise than by means of assessment district proceedings and the Director of Public Works finds that such sewer extension when so constructed will potentially serve any property of any person other than the person paying the cost of construction thereof, then partial reimbursement of the cost of such construction from premises deriving direct connection benefit may be affected as follows:
1. Any person proposing to construct such sewer extension may apply in writing to the Director of Public Works prior to commencement of construction for a certificate of entitlement to reimbursement. If the Director of Public Works finds that such sewer extension may reasonably be expected to benefit the property of any person other than the person proposing to construct such sewer extension, the Director of Public Works shall recommend in writing to the City manager that a certificate of entitlement to reimbursement be granted to the applicant. If the City manager concurs in the Director of Public Works' recommendation he shall, in writing, declare that such applicant is entitled to partial reimbursement of his construction costs and shall authorize the issuance to such applicant of a certificate of entitlement to reimbursement in compliance with this subsection.
2. Thereafter, partial reimbursement of the cost of those portions of any on-site and off-site trunk sewer facilities required to be constructed as part of and by such development, and which are greater or in excess of the minimum size or capaCity required to serve that particular development, shall be made by payment to such applicant of a portion of such funds as are thereafter paid to the City for connection charges, and until such date as the cost of such facilities (less credits made for connections by such applicants or his successors in interest) is fully reimbursed, or until no more than fifteen years have elapsed from the date of completion of construction of such sewer extension, whichever date is earlier, the amount of reimbursement shall not exceed the increment or unit of reimbursement established by resolution of the City Council pursuant to this chapter.
3. In each such case, the cost of such sewer extension shall be determined by the Director of Public Works after submission to him of an itemized statement of all of the costs of construction thereof. In the event of disagreement between the Director of Public Works and the applicant, the applicant may appeal as provided in this chapter.
4. In any case where the applicant for a certificate of entitlement to reimbursement is other than an individual, the City reserves the right to require that a payee in such certificate to act for and on behalf of all persons interested in the reimbursement.
N. Sewer extensions and installations. All sewer extensions and installations paid for by applicants (excepting house sewers) and all facilities furnished by the City, whether located wholly or partially on public or private property, shall, upon acceptance by the City, be and remain the property of the City, which shall have the right to repair, replace and maintain the same and the right to remove the same upon discontinuance of service. The Director of Public Works or other duly authorized agent of the City shall have at all reasonable times the right of ingress to and egress from any premises for any purpose properly relating to the furnishing of sewer service to such premises or for the purpose of determining whether or not any violation of this chapter is occurring on such premises.
O. Loss or Damage The City shall not be responsible for any loss or damage caused by a negligent or unlawful act of any person in installing, maintaining, supplying or using any appliance, facilities or equipment for which sewer service is furnished by the City.
P. Sewer and connections in good order. Each owner shall keep his house sewer and connections in good order at his own expense and shall be held responsible for damage to any of the City's property comprising any part of the sewer system or any other public facilities which results from use or operation of any appliances of facilities including, without limiting the generality of the foregoing, damage caused by steam, hot water or chemicals.
Q. It shall be a violation of this chapter for any person to tamper with any of the property comprising the sewer system or to place upon or about any such property any building material or other substance that prevents free access to the same.

R. Prepayment pending appeal. Pending decision upon any appeal relative to the amount of any charge under this chapter, the person making such appeal shall pay such charge. After the appeal is heard, the council shall order refunded to the persons making such appeal such amount, if any, as the council may determine should be refunded.
13.04.055 – CONSTRUCTION REQUIREMENTS
A. Minimum size. The minimum size of a building sewer shall be six-inch diameter. However, in any building designed or to be used exclusively for residential occupancy of six (6) dwelling units or less, the minimum size shall be four-inch diameter. The Director may order or authorize a different size of building sewer consistent with the California Plumbing Code as amended by this code.
1. The requirements of subsection (1) above shall not apply retroactively, but any replacement of an existing sewer shall conform to all current City codes.
B. Public safety. All excavations for a lateral sewer installation shall be adequately guarded with barricades or lights so as to protect the public from hazard. Any public property disturbed in the course of the work shall be restored to a condition that is as good as or better than existed before the work began.
C. All abandoned septic tanks and cesspools must immediately be filled with solid matter or substance which meets with the approval of the Director of Public Works.
13.04.060 – INSTALLATION OF BACKWATER PROTECTION
A. Installation of Back Water Valve. Whenever any drainage fixture unit is to be installed in new property, the property owner shall obtain and file with the building official at the time of application for a building permit for the fixture unit a written certification by a licensed professional determining whether an inadequate height differential situation exists on the real property. If such a situation exists, the property owner shall provide the backwater protection or permanently remove the drainage unit fixture or fixtures that have an inadequate height differential before completion of installation of the additional drainage unit fixture.
B. Addition of drainage unit fixture. Whenever any drainage fixture unit is to be added to real property, the property owner shall obtain and file with the building official at the time of application for a building permit for the fixture unit a written certification by a licensed professional determining whether an inadequate height differential situation exists on the real property. If such a situation exists, the property owner shall provide the backwater protection or permanently remove the drainage unit fixture or fixtures that have an inadequate height differential before completion of installation of the additional drainage unit fixture.
C. Proof of previous installation. Instead of providing certification, a property owner may file a certification from a licensed professional demonstrating that backwater protection as approved by the building official has been installed on the property's sewage drainage system and is fully operable. This certification is subject to inspection confirmation by the City.
D. Maintenance. Property owners are responsible for ensuring that backwater protection is properly maintained and functioning at all times. Backwater protection is subject to inspection by the City at any reasonable time, and failure to properly install and maintain this protection may result in suspension of sewer service.
E. Compliance with Title 13.04. Any installation of backwater protection or modification to any sewer shall be performed and inspected under the requirements of titles 13.04 of this code and established City procedures.
13.04.065 – CONSTRUCTION INSPECTION
A. Construction Inspection. All sewer construction work, building sewers, plumbing and draining systems shall be inspected by an inspector authorized by the City to insure compliance with all City requirements. No sewer shall be covered until it has been inspected and passed. No sewer shall be connected to the City’s public sewer until the work encompassed within the applicable permit has been completed, inspected, and approved by the City inspector. If the test proves satisfactory and the seer has been cleaned of all debris accumulated from construction operations, the inspector shall issue a certificate of satisfactory completion.
B. It shall be the duty of the person doing the work authorized by permit to notify the department that the work is ready for inspection. This notification shall be given at least twenty-four (24) hours before the work is to be inspected. The person doing the work shall ensure that the work will stand the tests required by the City before making a request for inspection.
C. All building sewers and lateral sewers shall be tested in the presence of the City Inspector by filling the line with water or air and inspecting for excessive leakage. Fittings, plugs, water, and labor for testing shall be furnished by the person constructing the sewer. If the existing lateral is to remain, it shall be tested as specified above. All lines showing excessive leakage shall be repaired or replaced at the sole expense of the person controlling the work to the satisfaction of the City Inspector.
D. When work has been inspected pursuant to this section and the work has not passed, a written notice to that effect will be given instructing the owner of the work to repair the sewer or other work authorized by the permit in accordance with the permit requirements.
13.04.070 – MAINTENANCE OF SEWER LATERALS
A. The City shall not be responsible for maintenance of any lateral sewer unless the lateral sewer conforms to the requirements of this chapter and other applicable City regulations.
B. The City shall not be responsible for the maintenance of any lateral sewer for commercial, industrial, community, contractor, and or institutional sewer service.
C. Each residential property owner will be required to pay a monthly fee for the maintenance, repair and/ or replacement of the portion of the sanitary sewer lateral located between the property line and the main line.
D. Each residential property owner shall keep his or her house sewer and connections in good order and at their own expense
E. Each residential property owner shall be held responsible for any physical damage to any of the City’s property comprising any part of the sewer system.
F. Each residential owner when required will be required to have installed an approved clean-out device at or within close proximity to the property line.
G. The limit without written approval of the Director of Public Works for any one sewer lateral repair is $10,000.
13.04.075 - LIMITATION ON POINT OF DISCHARGE
A. No person shall discharge, cause or allow or permit to be discharged any substance into a manhole or other opening in a community sewer except through an approved building sewer, unless that person has first obtained a permit to do so from the City.
B. No person shall discharge, cause or allow or permit to be discharged any sewage, industrial waste, or other polluted waters into any storm drain or natural outlet or creek or stream or channel without first obtaining a valid National Pollutant Discharge Elimination System (NPDES) permit.
13.04.080 – PROHIBITED ACTIVITIES
A. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment that is part of the sewerage works or any sampling device.
13.04.085 – GENERALLY PROHIBITED WASTES
A. No person shall discharge or cause to be discharged to a public sanitary sewer any substance or waste that contains substances or has characteristics that either alone or by interaction with other wastewaters cause or threaten to cause interference or pass-through.
B. No person shall discharge to any public sewer any wastes, if in the opinion of the City, those wastes may have any adverse or harmful effect on sewers, maintenance personnel or equipment, wastewater treatment personnel or equipment, treatment plant effluent quality, public or private property, aquatic life in any waters receiving effluent from the sanitary sewer system, or create a hazard in the use or disposal of sewage sludge, or may otherwise endanger the public, the local environment, or create a public nuisance.
C. No person shall discharge or cause to be discharged to a public sewer any waste that creates a stoppage, plugging, breakage, any reduction in the sewer capaCity, or any other damage to sewers or sewerage facilities of the City.
13.04.090 – SPECIFICALLY PROHIBITED WASTES
A. No person shall discharge or cause to be discharged to a public sanitary sewer any of the following wastes:
1. Any wastewater containing any flammable liquid, solid, vapor, or gas or other substance, including but not limited to any substance having a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140º) or sixty degrees Celsius (60ºC), using the test methods specified in 40 CFR 261.21. 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 that the City, the state, or the EPA has notified the user is a fire or explosive hazard or a hazard to the system; or
2. Any waste having a pH lower than 5.5, higher than 9.0, or having any corrosive or detrimental characteristic that may cause injury to any person operating, maintaining, repairing, or constructing the sanitary sewer system or any part thereof, or working in or about the sanitary sewer system, or any damage to any part of the sanitary sewer system, or any waste with a pH high enough to cause alkaline incrustations on sewer walls; or
3. Any solids or viscous substances of such size or in such quantity that they may cause flow obstruction in any part of the sewer or be detrimental to proper wastewater treatment plant operations. Such substances include but are not limited to, asphalt, cement, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metal, glass, rages, feathers, tar, plastics, wood, whole blood, paunch manure, bones, hair and flesh, entrails, papers dishes, paper cups, milk containers, or similar paper products, either whole or ground, and resins; or
4. Any wastes with excessively high BOD, COD, or decomposable organic content that will cause interference with the sanitary sewer system; or
5. Any waste containing heat in amounts that will inhibit biological activity at the POTW resulting in interference, but in no event, no liquid, solid, vapor, gas, or thing having or developing a temperature of one hundred fifty degrees Fahrenheit (150ºF) or more, or that may cause the temperature at the POTW to exceed one hundred four degrees Fahrenheit (104ºF) or
6. Any non-biodegradable cutting oils, commonly called soluble oil; or
7. Any petroleum oil, non-biodegradable oil, or refined petroleum product; or
8. Any waste containing toxic or poisonous solids, liquids, or gases in such quantity that alone, or in combination with other waste substances, may create a hazard to humans, animals, or the local environment, interfere with the wastewater treatment processes, cause a public nuisance, or cause any condition hazardous to health and safety in the sewerage system; or
9. Any substance promoting or causing the promotion of toxic gases; or
10. Any waste requiring an excessive quantity of chlorine or other chemical compound used for disinfection purposes; or
11. Any excessive amounts of chlorinated hydrocarbon or organic phosphorous type compounds; or
12. Any excessive amount of deionized water, steam condensate, or distilled water; or
13. Any wastewater producing excessive discoloration of wastewater or treatment plant effluent, such as dye wastes and vegetable tanning solutions; or
14. Any wastes containing excessive quantities of iron, boron, chromium, phenols, plastic resins, copper, nickel, zinc, lead, mercury, cadmium, selenium, arsenic, or any other objectionable materials toxic to humans, animals, the local environment, or to the biological or other wastewater; or
15. Any blow-down or bleed water from cooling towers or other evaporation coolers exceeding one-third of the make-up water; or
16. Any single pass cooling water; or
17. Any quantities of radioactive material wastes; or
18. Recognizable portions of the human anatomy; or
19. Any strongly odorous waste or waste tending to create odors; or
20. Any waste containing greater than 0.1 mg/L of dissolved sulfides; or
21. The use or addition of any chemical or biological agent used for the maintenance of grease traps and interceptors. This includes enzymes, emulsifiers, and bacterial cultures.
13.04.095 – PROHIBITION ON TRUCKED AND HAULED WASTES
A. No person shall discharge, cause, allow or permit any trucked or hauled waste to be discharged into the sanitary sewer system, except at a site specifically designated in a wastewater discharge permit issued pursuant to this chapter.
13.04.100 – PROHIBITION ON GARBAGE
A. No person shall discharge, deposit, or throw, or cause, allow or permit to be discharged, deposited, or thrown into the sanitary sewer system, or any part thereof, any garbage, or any fruit, vegetable, animal or other solid material from any food-processing plant or other industrial plant, food establishment or restaurant, or retail grocery store, irrespective of whether or not it shall have been first passed through a mechanical grinder.
B. No person shall install, operate, use or maintain upon the premises of any food-processing plant, or any other industrial plant or retail grocery store, any mechanical grinder or waste grinder that is connected directly or indirectly to the sanitary sewer system, or any part thereof.
13.04.105 – PROHIBITION ON USE OF DILUTING WATERS
A. The use of diluting waters as a partial or complete substitute for adequate treatment, to achieve compliance, or to meet local limitations for wastewater as set forth in this chapter, or to avoid or minimize any requirements imposed in a wastewater discharge permit is prohibited.
13.04.110 – SUSPENDED SOLIDS -- DISSOLVED MATTER
A. No person shall discharge, cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any liquid containing suspended solids or dissolved matter of such character and quantity that unusual attention or expense is required to handle, process, or treat such matter at the Plant.
13.04.115 – LIMITATIONS ON WASTEWATER STRENGTH
A. The Director of Public Works shall develop and implement local limits that are necessary to assure compliance with the City’s NPDES permit and to prevent the pass through of any pollutants that cause a violation of the permit or cause interference with the POTW
B. No person shall discharge, cause, allow, or permit to be discharged into a public sanitary sewer or any part thereof, any waste containing an excess in concentration of established local limits.
C. No person shall discharge, cause, allow, or permit to be discharged into a public sanitary sewer or any part thereof, any waste containing an excess in concentration of established Federal Pretreatment or State limits.
D. These limitations are subject to amendment at any time, as adopted by resolution of the City Council
E. No permit granted under this chapter shall constitute any vested right of any kind to continue to maintain concentrations at this or any other level.
F. The pollutant limitations may be allocated among industrial users as
1. Uniform concentration limits, or as;
2. The ratio of the total mass per user, or as;
3. A selected industry reduction, or by;
4. Such other method considering factors such as persistence of the pollutant, equity, treatment feasibility, economic feasibility, economies of scale, pollution prevention, waste minimization measures, anticipated growth and enforcement feasibility.
13.04.120 – LIMITATION ON OTHER POLLUTANTS
A. No person shall discharge or cause or allow or permit to be discharged any pollutant, including oxygen demanding pollutants to be released at a flow rate or a pollutant concentration, or both, that a user knows or has reason to know will cause interference to the POTW. In no event shall a person discharge or cause or allow or permit a discharge to have a slug load with a flow rate or contain a concentration or qualities of pollutants that exceeds for any time period of more than five (5) times the average twenty-four (24) hour concentration quantities or flow during normal operation.
13.04.125 – HOLDING TANK WASTES
A. No person shall discharge any holding tank waste into a community sewer unless that person has obtained a permit to do so from the City. Unless otherwise specifically allowed under the terms of a City permit, a separate permit shall be required for each separate discharge.
B. No person shall discharge or cause or allow or permit to be discharged directly or indirectly to a public sewer any wastes originating from a recreational vehicle, boat, camper, mobile home, trailer, portable toilet, chemical toilet, or any temporary or mobile sanitation facility except pursuant to permit issued by the City at a facility designed and operated for this type of discharge.
C. No person, corporation or other legal entity may dispose of residential septic tank, cesspool or holding tank wastes into the City system without the approval of the Director of Public Works and satisfying the following conditions and paying the following fees:
1. Register with the Contra Costa County health department and obtain a county permit; and
2. Pay the City of Brentwood an annual permit fee of one hundred dollars, payable on January 1st of each year; and
3. Pay as billed, the charge per gallon dumped as established by resolution of the City Council of the City of Brentwood; and
4. Dump only at the City wastewater treatment plant between the days and hours set by the Director of Public Works; and
5. When the wastewater operations staff or designated representative is present.
13.04.130 – STORM WATERS, SURFACE WATER, GROUNDWATER
A. No person shall discharge, cause or allow or permit any storm water, roof or yard drainage, foundation, under-drainage, or groundwater to be discharged into the sanitary sewer system without first obtaining a permit from the Director of Public Works to do so. Such a permit shall only be granted in exceptional cases of public necessity when no other reasonable alternative is available.
B. All sewer laterals or sewer cleanouts which contain leaks or breaks, uncapped sewer cleanouts, sump pumps, downspouts or yard drains which discharge into the sewer system, and all other sources of accidental, negligent or intended introduction of storm runoff or similar waters into the sanitary system are declared to be a public nuisance, and shall be abated by the owner of the property, who is required to remove or correct such improper sewer connections.
C. Whenever any such improper sewer connection exists upon any private property or in any street or alley within the City, the City Council shall pass a resolution declaring the same to be a public nuisance, and order the Director of Public Works to give notice of the passage of such resolution as herein provided and stating therein that unless such nuisance is abated without delay, the work of doing so will be done by the City and the expense thereof assessed upon the property from which the nuisance is removed. Such resolution shall fix the time and place for hearing any objections to the proposed correction or removal.
D. At the time stated in the notice, the City Council shall hear and consider any and all objections to the proposed corrections of improper sewer connections and may continue the hearing from time to time.
E. Upon the conclusion of such hearing, the council by motion shall allow or overrule any or all objections, if any, after which the council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of correction of the improper sewer connection. The action of the council at the conclusion of such hearing shall be final and conclusive.
13.04.135 – MEDICAL WASTES
A. Hospitals, medical clinics, offices of medical doctors, and convalescent homes may discharge to the sanitary sewer system through a City-approved grinder installation with inlet size and design features suitable for its intended use and so construct that all particles pass through a maximum three-eighths-inch (3/8") opening wastes of the following category:
1. Infectious wastes defined as follows:
a. Laboratory and surgical operating room wastes except as excluded in subsection (ii) below; and
b. Wastes from outpatient areas and emergency rooms similar those included in subsection (1) above with the same exclusions; and
c. Solid wastes generated in the rooms of patients who are not isolated because of a suspected or diagnosed communicable disease.
B. In no event shall any person discharge, or cause or allow or permit the following wastes to be discharged to the sewer by any means:
1. Equipment, instruments, utensils, and other materials of a disposable nature that may harbor or transmit pathogenic organisms and that are used in the rooms of patients having a suspected or diagnosed communicable disease which by the nature of the disease is required to be isolated; or
2. Any recognizable portions of the human anatomy; or
3. Wastes excluded by other provisions of this chapter except as specifically permitted pursuant to subsection (1) above; or
4. Any solid waste not specifically described in subsection (1) above.
13.04.140 – QUANTITY OF WASTES
A. The rate of discharge of industrial wastes to the sewer system shall be limited to the capaCity of the lateral and main sewers flowing as open-channel conduits. Facilities shall be provided for dampening or equalizing "slug" discharges in order to comply with concentration restrictions as defined in this chapter.
13.04.145 – REFUSAL OF SERVICE AND DISCONNECTION
A. The City may refuse to furnish sewer service and may discontinue all services to any premises where apparatus, appliances or equipment using water is found by the Director of Public Works to be dangerous or unsafe or where the use of water on such premises is found by the Director of Public Works to be detrimental or injurious to the sewer service furnished by the City to other premises, or where the Director of Public Works finds that negligent or wasteful use of water exists on any premises which affects the City's sewer service. The City shall have the right to refuse or discontinue sewer service to any premises if necessary to protect itself against fraud or abuse.
B. In the event of violation of any provision of this chapter, the City may disconnect any premises from the sewer system after first notifying in writing the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which (upon the failure of such person to prevent or rectify the violation) the City will exercise its authority to disconnect the premises from the sewer system; provided, that such time shall not be less than five days after the deposit of such notice in the United States post office at Brentwood, Contra Costa County, California, addressed to the person to whom notice is given; provided, however, that in the event such violation results in a public hazard or menace, then the City may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard; and the reasonable value of the things done and the amounts expended in so doing shall be a charge upon the person so in violation.
C. Upon failure of the owner or occupant of any premises to pay any sewer service charges prior to delinquency, or if the owner or occupant of any premises violates any other provision of this chapter, any one or more of the following actions authorized by this subsection may, or where required by this chapter, must be taken by the City to enforce such payment:
1. In each case where all or any part of a bill becomes delinquent, penalty rates applicable to delinquent charges as established by the schedule of charges shall apply to delinquent sewer service charges.
2. In each case where any bill for sewer service remains unpaid after such bill becomes delinquent, and in each where a violation of any other provision of this chapter continues for a period of sixty days, the City may, in addition to any other remedies it may have, disconnect from the City sewerage system the premises in violation of this code, and in the alternative or in addition thereto, cut off or disconnect any water service or other services provided or furnished to said premises by the City. Whenever premises have been disconnected from the sewer system for nonpayment of sewer service charges, such premises shall not be reconnected to the sewer system until: all delinquent charges and penalties have been paid; until written permission from the Director of Public Works has been obtained; a sewer connection fee equal to the actual cost to the City of such disconnection; and until the owner and/or occupant of such premises has otherwise complied with this chapter. The City shall have the right to require any person liable to pay any charge herein fixed to make a reasonable deposit with the City to insure collection of the charges herein fixed.
3. In each case where premises are disconnected from the sewer system, the City shall take such steps as may be legally taken to abate such premises and to prohibit occupancy of such premises until they are reconnected to the sewer system.
D. The City, the council and all proper City officers, agents or employees shall promptly, efficiently and economically take all steps, actions or remedies necessary for the collection of charges and penalties thereon as provided in this chapter which are now or may hereafter be provided for in the law. Such remedies for collecting and enforcing such charges set forth in the law are cumulative and may be pursued alternately, or any thereof may be used consecutively.
13.04.150 – PRETREATMENT OF INDUSTRIAL WASTE
A. An industrial wastewater pretreatment system or device may be required by the City to treat industrial flows prior to discharge to the sewer when it is necessary to restrict or prevent the discharge to the sewer of certain waste constituents, to distribute more equally over a longer time period any peak discharges of industrial wastewaters or to accomplish any pretreatment result required by the City. All pretreatment systems or devices shall be approved by the City but such approval shall not absolve the industrial discharger of the responsibility of meeting any industrial effluent limitation required by the City, county, state, or federal government. In special cases, the City may require construction of sewer lines by the discharger to convey certain industrial wastes to a specific City trunk sewer. All pretreatment systems judged by the City to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed in the state.
B. Normally a gravity separation interceptor, equalizing tank neutralization chamber and control manhole will be required respectively to remove prohibited settleable and floatable solids, to equalize wastewater streams varying greatly in quantity and/or quality, to neutralize low or high pH flows and to facilitate inspection, flow measurement and sampling. Floor drains from commercial or manufacturing buildings, warehouses; multi-use structures, areas where any waste requiring pretreatment is involved shall not discharge directly into the sewer, but shall first discharge to a gravity separation interceptor. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at owner’s expense.
C. The City may adopt additional rules and regulations by resolution, after a public hearing, for administration of this section.
D. No person shall discharge into the sewer system any material that includes petroleum by-products, or any combustible material, or any other material in such quantity as is determined by the Director of Public Works to be hazardous or injurious to the sewer system or its operation.
E. Any petroleum-contaminated groundwater shall be processed through an activated carbon pretreatment system approved by the City prior to discharge to the sanitary sewer system. This discharge shall only be done under permit.
13.04.155 – GREASE REMOVAL DEVICES REQUIRED
A. Any type of business or establishment where grease or other objectionable materials may be discharged into a public or private sewage main or disposal system shall have a grease removal device of a size and design approved by the Director. The requirements in this Division are in addition to any applicable requirements of the Uniform Plumbing Code and the City of Brentwood Standard Plans and Specifications.
B. New Facilities. On or after the effective date of this Division, food service facilities which are newly proposed or constructed, or existing facilities which will be expanded or renovated to include a food service facility, where such facility did not previously exist, shall be required to install, operate and maintain a grease interceptor or grease trap according to the requirements contained in this Division. Grease interceptors or grease traps shall be installed and permitted prior to the issuance of a certificate of occupancy.
1. Grease traps shall be prohibited for new food service facilities, except for those facilities where inadequate space is available for the installation of a grease interceptor. The installation of a grease trap instead of a grease interceptor at a new food service facility must be done with the approval of the Director of Public Works.
C. Existing Facilities. For the purposes of sizing and installation of grease interceptors, all food service facilities existing within the City prior to the effective date of this Division shall be permitted to operate and maintain existing grease interceptors or grease traps provided their grease interceptors or grease traps are in efficient operating condition. On or after the effective date of this Division, the City may require an existing food service facility to install, operate and maintain a new grease interceptor or trap that complies with the requirements of this Division or to modify or repair any noncompliant plumbing or existing interceptor or trap within 90 days of written notification by the City when any one or more of the following conditions exist:
1. The facility is found to be contributing oils and grease in quantities sufficient to cause line stoppages or necessitate increased maintenance on the wastewater collection system.
2. The facility does not have a grease removal device.
3. The facility has an undersized, irreparable or defective grease interceptor or trap.
4. Remodeling of the food preparation or kitchen waste plumbing system is performed which requires a plumbing permit to be issued by the City of Brentwood.
5. The existing facility is sold or undergoes a change of ownership.
6. The existing facility does not have plumbing connections to a grease interceptor or trap in compliance with the requirements of this Division.
7. The facility fails to submit a completed application form for a Grease Discharge Permit within 60 days after the date of the receipt of an application form by the City of Brentwood.
8. The facility has not operated as a food service facility for 12 consecutive months prior to receiving the Grease Discharge Permit application form.
D. Each grease removal device shall be so installed and connected that it shall be at all times easily accessible for inspection, cleaning and removal of grease.
E. The grease removal device should be situated on the discharger's premises but when such a location would be impractical or cause undue hardship on the discharger, the City may issue an encroachment permit to allow the device to be installed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. However, such a device shall not at any time pose a hazard or obstruction to public use of the street or sidewalk area.
F. Waste discharge from fixtures and equipment in establishments which may contain grease or other objectionable materials including, but not limited to, scullery sinks, pot and pan sinks, dishwashers, food waste disposals, soup kettles, and floor drains located in areas where such objectionable materials may exist, may be drained into the sanitary waste through the grease removal device when approved by the Director provided:
1. Toilets, urinals, wash basins, and other fixtures containing fecal material shall not flow through the grease removal device.
2. Grease Removal Devices shall be located upstream of any dishwashers or discharges exceeding one hundred ten degrees Fahrenheit (110ºF).
G. Grease removal devices shall be maintained in efficient operating condition by periodic removal of the accumulated grease. The use of chemicals to dissolve grease is specifically prohibited. No accumulated grease shall be introduced into any drainage piping or public or private sewer. Users with oil and grease removal devices shall maintain them in good operating condition at all times.
H. Grease Removal Device. Grease interceptors and traps shall conform to the standards in the Plumbing and Drainage Institute (PDI) Standards G101. Grease interceptors and traps shall be installed in strict accordance with the manufacturer’s instructions. Grease interceptors and traps shall be equipped with a cover that can be opened for inspection and sampling and a mechanism for a secure closing.
1. Grease Removal design and location. Grease removal device shall have a minimum of two compartments and shall be capable of separation and retention of grease and storage of settled solids. Design shall conform with the most current requirements as published by the Uniform Plumbing Code and any City of Brentwood Standard Plans and Specifications.
2. The Grease Removal Device must have a control manhole over each compartment or designed in such a way for monitoring purposes. This shall be required and installed at the owner/operators sole expense.
3. Covers shall have a gas tight fit.
4. The grease interceptor shall be designed, constructed and installed for adequate load-bearing capaCity.
5. Interceptors shall be installed in a location outside of the building which provides easy access at all times for inspections, cleaning and proper maintenance, including pumping.
I. Grease Removal Device capaCity. Grease interceptor capaCity calculations shall be performed by each food service facility.
1. The correct Grease Removal Device will based on size and type of operation according to the formula contained in Table 1003.4.1 and Table 1003.5.1 of the California Uniform Plumbing Code and the sizing methods contained in the most current published Plumbing and Drainage Institute (PDI) where applicable.
2. Minimum capaCity of any one unit shall be
a. Interceptors shall be 750 gallons as required by the Uniform Plumbing Code and maximum capaCity shall be one thousand five hundred (1,500) gallons.
b. Grease Trap shall be a minimum of 40 lbs in size or as required by the Uniform Plumbing Code. Any deviation from this requirement will be needed to be approved by the Director of Public Works.
c. Where sufficient capaCity cannot be achieved with a single unit, installation of grease interceptors in series is required.
d. Grease Removal Device capaCity calculations shall be approved by the Director of Public Works prior to the installation of the device. The capaCity of the grease removal device required for food manufacturing or processing facilities which are not covered by the Uniform Plumbing Code shall be approved by the Director of Public Works according to the mass and type of food prepared, the wastewater volume produced from food preparation or manufacture, total hours of operation per day and a load factor depending on the installed equipment.
J. Flow-through rate. Flow-through rates shall be calculated in accordance with the procedures in the Uniform Plumbing Code most current edition.
K. Flow control device. Grease interceptors or traps shall be equipped with a device to control the rate of flow through the unit. The rate of flow shall not exceed the manufacturers rated capaCity recommended in gallons per minute for the unit.
L. Venting. The flow-control device and the grease removal device shall be vented in accordance with the Uniform Plumbing Code most current edition, when required. The vent shall terminate not less than six (6) inches above the flood-rim level or in accordance with the manufacturer’s instructions.
13.04.160 – GREASE TRAP INSPECTION, MAINTENANCE, CLEANING
A. Grease Trap Inspection, cleaning and maintenance. Each food service facility shall be solely responsible for the cost of trap installation, inspection, cleaning and maintenance. Each food service facility may contract with a grease hauler who has been permitted by the City for cleaning services or it may develop a written protocol and perform its own grease trap cleaning and maintenance procedures. Cleaning and maintenance must be performed when the total volume of captured grease and solid material displaces more than 25% of the total volume of the unit. Each food service facility shall determine the frequency at which their grease trap shall be cleaned, but all grease traps shall be opened, inspected, cleaned and maintained at a minimum of once per week.
B. Inspection. Grease traps may be inspected by the City as necessary to assure compliance and to assure proper cleaning and maintenance schedules are being adhered to.
C. Repairs. The food service facility shall be responsible for the cost and scheduling of all repairs to its grease trap(s). Repairs required by a City shall be completed within 14 calendar days after the date of written notice of required repairs is received by the facility, unless the City approves in writing of a different schedule.
D. Disposal. Grease and solid materials removed from a grease trap shall be disposed of in the solid waste disposal system.
E. Record keeping. The food service facility shall maintain complete and legible records of the date and time of all cleaning and maintenance of each grease trap in a bound logbook and shall make this book available for inspection by the City on demand. Records shall be retained for a period of not less than three (3) years. The facility shall also maintain the written protocol concerning grease trap cleaning and maintenance procedures and shall make this available to the City on demand.
13.04.165 – GREASE INTERCEPTOR INSPECTION, MAINTENANCE, CLEANING
A. Grease Interceptors Inspection, pumping and maintenance. Each food service facility shall be responsible for the costs of installing, inspecting, pumping, cleaning and maintaining its grease interceptor. All food service facilities that have grease interceptors shall utilize a grease hauler who has been permitted by the City for pumping services. Pumping services shall include the initial complete removal of all contents, including floating materials, wastewater and bottom sludge and solids from the interceptor. The return of gray water back into the grease interceptor from which the wastes were removed is allowable, provided that grease and solids are not returned to the interceptor and further provided that the grease hauler has written authorization from the food service facility to return the gray water. Grease interceptor cleaning shall include scraping excessive solids from the walls, floors, baffles and all pipe work. The grease hauler shall wait at least 20 minutes to allow the interceptor waste to separate in the truck tank before attempting to re-introduce the gray water to the interceptor. It shall be the responsibility of each food service facility to inspect its grease interceptor during the pumping procedure to ensure that the interceptor is properly cleaned out and that all fittings and fixtures inside the interceptor are in working condition and functioning properly.
B. Interceptor pumping frequency. Each food service facility shall have its grease interceptor(s) pumped at a minimum frequency of once every calendar month. There shall be a minimum period of three weeks between each required pumping. In addition to required monthly pumping, each food service facility shall determine an additional frequency at which its grease interceptor(s) shall be pumped according to the following criteria:
1. When the floatable grease layer exceeds six inches (6") in depth as measured by an approved dipping method, or;
2. When the settleable solids layer exceeds eight inches (8") in depth as measured by an approved dipping method or;
3. When the total volume of captured grease and solid material displaces more than 25% of the capaCity of the interceptor as calculated using an approved dipping method, or;
4. When the interceptor is not retaining/capturing oils and greases; or the removal efficiency of the device, as determined through sampling and analysis, is less than eighty percent (75%).
C. Variance Procedure. If a food service facility determines that monthly pumping of their grease interceptor is unnecessary in order to remain in compliance with the criteria of paragraph (4) above, the facility may make written application for a variance from the monthly pumping requirements to the City of Brentwood Environmental Compliance Department. The variance procedure shall be as follows:
1. The food service facility shall submit an application for a variance on a form provided by the City along with the appropriate application fee. The application shall include the next date and time the facility intends to have its interceptor pumped and cleaned.
2. A City official shall observe the pump-out procedure and inspect the interceptor on the specified date and time.
3. If the interceptor is in good working condition during the initial inspection, the City shall re-inspect the interceptor approximately one month after the initial inspection. If there is less than 4 inches of surface grease and less than 6 inches of bottom solids at the time of re-inspection, the interceptor will not need to be pumped out at that time.
4. After the initial re-inspection, the City shall inspect the interceptor at intervals of approximately every ten working days to determine the grease and solids level using a dipping method approved by the City.
5. At the re-inspection when either the level of grease reaches 6 inches or the level of solids reaches 8 inches, the City shall use the number of days from the initial pumping date to the final re-inspection date as the new pumping frequency requirement to be included in the variance granted.
6. If, at a re-inspection, the level of grease exceeds 6 inches or the level of solids exceeds 8 inches, the City shall use the number of days from the initial pumping date to the previous re-inspection date as the new pumping frequency requirement to be included in the variance granted.
7. In any event, pump-out and cleaning of an interceptor shall be required at least once every 180 days.
8. All staff time and analytical sampling and analysis will at owner’s expense.
D. Inspection. Grease interceptors shall be inspected by the City as necessary to assure compliance with the Grease Management Permit and to determine if proper cleaning and maintenance schedules are being adhered to.
E. Repairs. Each food service facility shall be responsible for the cost and scheduling of all repairs to its grease interceptor(s). Repairs required by a GMP official shall be corrected within 14 calendar days after the date of written notice of requiring the repairs is received by the facility or unless notice from the City establishes a different compliance date.
F. Disposal of wastes removed from each grease interceptor shall be disposed of at a facility permitted to receive such wastes or at a location designated by the City of Brentwood for such purposes. Neither grease nor solid materials removed from interceptors shall be returned to any grease interceptor, private sewer line or to any portion of the City’s wastewater collection system.
G. Record keeping. Each food service facility shall maintain a bound logbook in which a record of all interceptor maintenance is entered, including the date and time of the maintenance, details of any repairs required and dates of repair completion and any other records pertaining to the interceptor. This logbook shall be made available for review upon request by a City official. Each food service facility shall also maintain a file on site which contains the following information:
1. The (as-built) drawings of the plumbing system
2. A copy of the current grease disposal permit
3. Records of inspections
4. Copies of required reports
5. Receipts
6. Log of pumping activities
7. Log of maintenance activities
8. Hauler information
9. Disposal information
10. Monitoring data.
11. The file shall be available at all times for inspection and review by the GMP official.
H. Quarterly reporting. Each food service facility shall submit a quarterly report to the City on a form provided by the City. Reports shall be submitted on or before the last day of March, June, September and December in each year. Each report shall record the number of times the interceptor or trap has been cleaned since the last report and shall indicate the volume of liquids and solids removed on each occasion and the name and address of the grease hauler. If a variance has been granted, the alternate cleaning frequency shall also be reported. Each report shall also note any repairs that have been made to the interceptor or trap including the dates that these repairs were completed and the individual or contractor who made the repairs. Reports shall be submitted to the address provided in the permit and shall be deemed to be late and subject to a late fee if they are received by the City more than 30 days after the end of each month specified above.
I. Interceptor additives. Any chemicals, enzymes, emulsifiers, live bacteria or other grease cutters or additives shall be approved by the Director prior to their use by the food service facility or the grease hauler. MSDS sheets and any other applicable information concerning the composition, frequency of use and mode of action of the proposed additive shall be sent to the City together with a written statement outlining the proposed use of the additive(s). Based upon the information received and any other information solicited from the potential user or supplier, the City shall permit or deny the use of the additive in writing. Permission to use any specific additive may be withdrawn by the City at any time.
J. Alternative grease removal devices or technologies. Alternative devices and technologies such as automatic grease removal systems shall be subject to written approval by the Director prior to installation. Approval of the device shall be based on demonstrated (proven) removal efficiencies and reliability of operation. The City may approve these types of devices depending on manufacturer’s specifications on a case by case basis. The food service facility may be required to furnish analytical data demonstrating that grease discharge concentrations to the City’s wastewater collection system will not exceed the limitation established in Local Limits of the City Code.
K. Abandoned grease removal devices shall be emptied and filled as required for abandoned septic tanks.
13.04.170 – SCREENED INDUSTRIAL WASTES AND RECORDING DEVICES
A. No person shall discharge, cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any garbage, or any fruit, vegetable, animal, or other solid industrial wastes resulting from the processing, packaging, or canning of fruits, vegetables, or other foods or products.
B. Domestic sewage may be discharged into the sewer system without screening. All industrial waste must be screened through a screen with at least twenty meshes to the lineal inch in each direction.
C. The Director of Public Works may require, either before or after connection of any premises to the sewer system, that the owner or occupant install suitable screening and pretreatment devices on such premises to prepare industrial waste so that the sewer system can adequately treat such waste by the normal treatment processes of the sewer system.
D. All such screening and pretreatment devices shall be installed and maintained at the sole expense of the owner or occupant of such premises and subject to the approval of the Director of Public Works.
E. The Director of Public Works may also require at any time that approved mechanical measuring and recording devices be installed on any premises. All such measuring and recording devices shall be installed and maintained at the sole expense of the owner or occupant of such premises and subject to the approval of the Director of Public Works.
F. The City shall have the right at any time to check the operation of any such screening, pretreatment, measuring or recording device and to read and to make records of all readings of any such measuring or recording device. In any case where any such screening or pretreatment device is installed, the owner or occupant of such premises shall at his own expense remove and dispose of all waste material retained upon the screens and/or not approved by the Director of Public Works for disposal through the sewer system.
13.04.175 – WASTEWATER DISCHARGE PERMIT REQUIRED
A. No person shall discharge, or cause or allow or permit to be discharged any industrial wastewaters directly or indirectly to sewage facilities owned by the City without first obtaining a City permit for industrial wastewater discharge.
13.04.180 – PERMIT APPLICATION
A. Any person seeking a wastewater discharge permit, other permit, or amendment to a permit under this chapter shall complete and file an application on the form prescribed by the Director and accompanied by all applicable fees and charges.
B. General Permit - The application shall contain the following information at a minimum:
1. Signature, name, and address of both the owner of the property from which the discharge is to occur and the applicant for the permit if other than the owner. The persons signing the application on behalf of an entity shall be at least of the level of vice president, general partner, or an individual responsible for the overall operation of the facility or property and meeting the conditions of the requested permit, or a person meeting the federal requirements for NPDES applications as specified in title 40 of the CFR; and
2. Volume of wastewater to be discharged; and
3. Estimated wastewater constituents and characteristics; and
4. Time and duration of discharges; and
5. Average and thirty (30) minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any; and
6. Site plans, floor plans, and mechanical and plumbing plans and details, sufficient to show all sewers and appurtenances by size, location, and elevation; and
7. Description of all activities, facilities, and plant processes on the property that may in any way relate to the discharges, including types of materials that are or could be discharged; and
8. Each product produced by type, amount, and rate of production that may in way relate to the discharges; and
9. Hours of work and activities at the property.
10. The Director may require such additional information as the Director needs in order to determine whether the proposed discharge will comply with the requirements of this chapter.
C. Food Service Facility Permitting Program
1. Each food service facility shall be evaluated to determine whether it falls within the definition of a Significant Industrial User (SIU). Facilities classified as SIU’s shall be subject to permitting
2. All other food service facilities shall be required to apply for and obtain a "Fats Oil and Grease Discharge Permit" (FOGDP), from the City. The City shall approve, deny, or approve with special conditions all applications for FOGDP’s in accordance with the policies and regulations established in this Division. The FOGDP shall be in addition to any other permits, registrations, or occupational licenses which may be required by Federal, State or local law.
3. It shall be a violation of this Division for any food service facility identified by the City to discharge wastewater containing fats, oils and grease to the City’s wastewater collection system without a current FOGDP.
4. Application form. The City shall provide an application form for a FOGDP. The appropriate form shall be sent to all food service facilities identified by the City.
5. All food service facilities required under the terms of this program to obtain a FOGDP shall submit a completed application form for a FOGDP to the City at the address shown on the form within 30 calendar days of receipt of the form. Each application form submitted shall include the following information:
6. Name, address, telephone number and location, (if different from the address) of applicant, owner of the premises (if different from the tenant when property is leased) from which fats oils and grease are discharged, and the name of a representative duly authorized to act on behalf of the food service facility; and
7. A description of the activities, facilities, and plant processes on the premises, including a list of all equipment, raw materials and chemicals used or stored at the facility. Material safety data sheets (MSDS’s) of all such chemicals shall be included; and
8. A drawing in sufficient detail to show the location of all kitchen equipment that produces wastewater, and all sewers, floor drains, sewer connections, grease interceptors and appurtenances in the user's premises if known or it may be readily ascertained; and
9. Number of employees, number and times of shifts, and hours and days of facility operation; and
10. Copies of recent water bills; and
11. Details of all grease interceptor maintenance within the past year; and
12. A signed statement that the information provided is accurate, and that the applicant agrees to abide by the regulations contained in this Division, as well as any other applicable Federal, State or local regulations governing the food service facility; and
13. Any other information determined by the Director to be necessary in order to evaluate the FOGDP application.
D. Waste Haulers
1. Any person, firm, or business desirous of collecting, pumping or hauling wastes from businesses located within City of Brentwood who does not hold and maintain a current shall be required to apply for and obtain a "Waste Hauler Permit (WHP)" from the City.
2. The Director shall approve, deny, or approve with special conditions all applications for WHP’s in accordance with the policies and regulations established in this Division.
3. It shall be unlawful for any identified waste hauler to clean or pump out pretreatment devices and or grease interceptors within the City limits without a current "Waste Hauler Permit."
4. Application form. To obtain a WHP, a waste hauler shall submit a completed WHP application form together with the appropriate fee to the City.
5. The waste hauler shall be issued with a WHP within 30 working days of the City’s receipt of the completed application form and appropriate fees. The grease hauler shall obtain the WHP prior to providing waste hauling services within the City’s wastewater collection system service area. Each application shall include the following information:
6. Name of applicant. If the applicant is a partnership, corporation or other business entity, the name of an individual who legally is able to act on behalf of the organization must be provided; and
7. Applicant address and phone number, including information for person(s) to contact at times other than regular business hours; and
8. The type, license tag number, and capaCity of each vehicle which will be used to pump or haul liquid wastes from grease interceptors. New or replacement equipment acquired subsequent to the application shall be reported to the City prior to use; and
9. A copy of a current Health Department license if the hauler pumps or hauls septic tank waste or portable toilet wastes; and
10. Financial assurance in the amount of $10,000 in a form acceptable to the City. Such assurance shall remain in effect for the life of the permit. This assurance shall be used to guarantee disposal costs, fines, and the costs of any damages that may result from a waste hauler discharging in violation of this Division; and
11. A list of the disposal facilities that the applicant intends to use; and
12. A signed statement that the information provided is accurate, and that the applicant agrees to abide by the regulations contained in this Division, as well as any other applicable Federal, State or Local regulations governing their activities; and
13. Any other information determined by the permit to be necessary to evaluate the waste hauler’s application and may include special conditions as required by the City. The GHP required by the City shall be in addition to any other permits, registrations, or occupational licenses which may be required by Federal, State, local agencies having lawful jurisdiction.
14. Vehicle inspection - Waste haulers shall permit the City to inspect grease haulers registered vehicles.
E. Application procedure. Once a completed application form has been received, the facility will be inspected prior to the issuance of the permit.
1. During the pre-permit inspection, the information contained in the application form will be verified; and
2. The average daily potable water use will be calculated and the permit fee determined; and
3. The pretreatment or grease removal device will be inspected.
4. If all information is verified and the device/s is in proper working condition, a permit will be issued together with a copy of the most current information or documents for “Best Management Practices".
5. If the pretreatment device, interceptor or trap requires any maintenance or repairs, or incorrect information has been given, the City shall provide a written notice to correct any deficiencies, including a required time schedule for repairs to be effected prior to a second pre-permit inspection. Second pre-permit inspections shall be performed after a minimum of 30 calendar days have elapsed to allow for corrective action by the food service facility to occur. If the facility is not in compliance at the second pre-permit inspection, charges and fees will be levied for future inspections. An application for a permit shall be granted with conditions or denied within 60 days after the date of the last pre-permit inspection in which the applicant's facility is in compliance.
F. Discharge Permit. The following criteria apply to all permits issued by the City:
1. Each permit shall be effective for no more than a three-year period and shall have an effective and an expiration date; and
2. The permit must be displayed in a conspicuous place where it can be seen by the staff of the food service facility and a copy of the permit must be kept in the records file; and
3. The permit shall be issued to a specific user for a specific operation. A permit shall not be transferred or sold to a new owner under any circumstances.; and
4. A new owner is required to apply for a new permit.
G. An application for renewal of the permit shall be submitted at least 60 days prior to the expiration date of the existing permit by each applicant wishing to continue to discharge into the wastewater collection system.
H. Failure to submit applications in a timely manner shall be a violation of this Division.
I. The terms and conditions of the permit are subject to modification by the City during the term of the permit, if limitations or requirements in this program are modified. The user shall be informed of any proposed changes in the issued permit at least sixty (60) days prior to the effective date of the change(s). Any changes or new conditions in the permit shall include a reasonable schedule for achieving compliance.
J. Entry. Each food service facility shall allow the City and other duly authorized employees or agents of the City bearing proper credentials and identifications access at all reasonable times to all parts of the premises for the purpose of inspection, observation, record examination, measurement, sampling and testing in accordance with the provisions of this Division.
K. The refusal of any food service facility to allow the City entry to or upon the facilities premises for purposes of inspection, sampling effluents or inspecting and copying records or performing such other duties as shall be required by this Division shall constitute a violation of this Division. The Director may seek a warrant or use such other legal procedures as may be advisable and reasonably necessary to discharge his duties pursuant to this Division.
L. Inspection. All facilities shall be inspected as follows:
1. Pre-permit inspections. Pre-permit inspections shall be conducted by the City
2. Permit Inspections. The City shall inspect facilities on both an unscheduled and unannounced basis or on a scheduled basis after a permit has been issued to compliance with the requirements of this Division. The City shall also determine if the practices contained in the “Best Management Practices Manual" issued to the facility have been implemented.
3. All facilities with current permit shall be inspected at least once a year.
a. Inspections shall include all, equipment, food processing and storage areas and shall include a review of the processes that produce wastewater discharged from the facility through the grease interceptor/trap or other pretreatment device; and
b. The City shall also inspect the interceptor/trap or pretreatment device maintenance logbook and file, other pertinent data, the grease interceptor/trap and may check the level of the interceptor/trap contents and/or take samples as necessary. The City shall record all observations in a written report. Any deficiencies shall be noted, including but not be limited to:
c. Failure to properly maintain the pretreatment device in accordance with the provisions of the discharge permit and this Division; or
d. Failure to report changes in operations, or wastewater constituents and characteristics; or
e. Failure to report pumping activities or keep copies of manifest forms or receipts as required by the permit; or
f. Failure to maintain logs, files, records or access for inspection or monitoring activities; or
g. Failure to obtain or renew the discharge permit in a timely manner.
4. Any other inconsistency with the program that requires correction by the facility concerned. If any deficiencies are recorded by the City during an inspection, the City shall provide the facility a written notice to correct the deficiency within 21 calendar days, and a tentative date for a first re-inspection.
5. Re-inspections. The City shall re-inspect facilities which received deficiency notices after the original inspection. The City shall inspect any repairs or other deficiencies and shall provide written notice of compliance or non-compliance as the case may be. In the event that the facility has returned to compliance with all of the deficiencies, there shall be no charge for the re-inspection. In the event of continuing non-compliance, successive re-inspections will be scheduled and appropriate fees shall be charged to the facility concerned for the first and all successive re-inspections. A first re-inspection shall be performed after a minimum of 21 calendar days have elapsed to allow for corrective action by the facility to be completed.
M. Monitoring. The City shall have the right to sample and analyze the wastewater from any facility at any time to determine compliance with the requirements of the City Code. If violations of the oil and grease limit are detected, enforcement action may be initiated and demand monitoring costs billed to the facility.
N. Permit contents. All approved permits shall include a statement of the duration of the permit, including the effective and expiration dates; identification of all approved vehicles and the liquid wastes which may be hauled by each; standard conditions relating to permit renewal and permit revision; a list of definitions; reporting requirements, spill procedures, and any other applicable special conditions. Special conditions may include, but are not limited to:
1. A statement that: All pretreatment devices, grease interceptors and traps shall initially be pumped completely empty.
2. For interceptors and traps - excessive solids shall be scraped from the walls and baffles, and inlet, outlet and baffle ports shall be cleared. Re-introduction of gray water only into the interceptor shall be permitted provided the waste hauler has written authorization to return the gray water from the food service facility concerned. The waste hauler shall wait at least 20 minutes to allow the interceptor waste to separate in the truck tank before attempting to re-introduce the gray water to the interceptor. No grease or solids may be re-introduced into the interceptor.
3. A statement indicating that no grease or gray water will be accepted at any City-owned facility and that the permittee should contract with other private or public facilities to properly dispose of the grease and food solids and other wastes.
4. A statement that the waste hauler is required to comply with all Federal, State and Local regulations concerning hauling of waste to include the pumping of grease interceptors and the hauling and disposal of their contents.
5. Any other statement or requirement that the City believes to be necessary to meet the intent of this Division.
O. Permit renewal. An application for permit renewal shall be submitted on the appropriate renewal form together with the renewal fee at least sixty (60) days prior to the expiration date of the existing permit by each applicant wishing to provide waste hauling services, the use of approved pretreatment devices and permitted food service facilities located in City of Brentwood wastewater collection service area.
P. Spill Reporting. Any accident, spill, or other discharge of waste, grease or gray water which occurs within the City shall be reported to the City by the waste hauler and or facility as soon as possible but not longer than 24 hours after the incident.
1. The waste hauler and or the facility shall comply with all procedures contained in Federal, State and local regulations.
2. The waste hauler and or facility shall be responsible for all clean-up procedures and costs.
Q. Record Keeping. Waste haulers and facilities shall retain and make available for inspection and copying, all records related to waste hauling, grease interceptor pumping and grease disposal from businesses located in the City of Brentwood wastewater collection service area. These records shall remain available for a period of at least three (3) years. The City may require additional record keeping and reporting, as necessary, to ensure compliance with the terms of this Division.
13.04.185 – DETERMINATION ON PERMIT APPLICATION
A. Following review of the application and receipt of such information as the Director may require, the Director shall determine whether to approve or deny the permit or permit amendment being sought. The Director will grant the permit if:
1. The applicant has complied with all applicable requirements of this chapter and applicable City, county, state, and federal regulations, laws, and orders regarding the proposed discharge; and
2. The applicant has furnished all information requested by the Director; and
3. The Director determines that there are adequate devices, equipment, chemicals, personnel, and other facilities to sample, meter, convey, treat, and dispose of the proposed discharges; and
4. The persons to be responsible for treatment and control of the proposed discharges are adequately trained and capable of consistently complying with permit requirements; and
5. The applicant and the property owner have expressly agreed to the conditions applied by the Director.
B. In granting such an application, the Director will condition the permit in order to ensure compliance with this chapter and applicable City, county, state, and federal regulations, laws, and orders regarding the proposed discharge, which may include but are not limited to the following:
1. Limits on the average and maximum wastewater constituents and characteristics; and
2. Requirements for installation and maintenance of flow monitoring, inspection, and sampling facilities; and
3. Specifications and pretreatment requirements for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule; and
4. Compliance schedules; and
5. Requirements for submission of technical reports or discharge reports; and
6. Requirements for maintaining and retaining records relating to wastewater discharge as specified by the City and affording the City access thereto; and
7. Requirements for notification to the City of any new introduction of wastewater constituents or any significant change in the volume or character of the wastewater constituents being introduced into the wastewater stream; and
8. Requirements and plans for protection against accidental discharges, including but not limited to berming of chemicals and waste materials. The review and approval of such plans and operating procedures shall not relieve the user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this Code or other state or federal regulations; and
9. Requirements for notification of accidental discharges.
13.04.190 – PERMIT DENIAL
A. Notwithstanding section 13.04.074 above, the Director shall deny a discharge permit, other permit, or amendment to a permit under this chapter if the Director determines that one or more of the following exist:
1. The application is not accompanied by required fees and charges; or
2. The application contains incomplete, false or misleading information; or
3. The issuance of the requested permit would result in the discharge of wastewater or other substances that would endanger the public health or safety or public or private property; or
4. The issuance of the requested permit would cause the plant or the sewerage system to violate any applicable permit conditions, laws, regulations, or orders of the City, County, State or Federal Government; or
5. The applicant has not provided sufficient information to establish that its discharge will comply all requirements of this chapter and with such other terms and conditions as the Director deems necessary to apply to the requested permit; or
6. The applicant has not provided plans for sufficient protection from accidental discharges to the land, storm sewer system, or sanitary sewer system.
B. Any permit denial or revocation of a permit pursuant to this Division may be appealed to the City Council of the City of Brentwood. The permit applicant or permitee shall have fifteen (15) calendar days from the date of notification of the permit denial or revocation to submit a written request for a hearing. Failure to file an appeal constitutes acceptance of the decision to approve or deny the permit and any conditions thereof. City Council shall conduct a public hearing and decide within sixty (60) calendar days from the receipt of the appeal, whether or not to grant the permit. The decision of the City Council shall be final. The City Council shall follow the same guidelines as established in the City Code with respect to permit issuance, and may impose reasonable conditions on any order granting the permit. In conducting a public hearing, the Council may receive new evidence and shall not be bound by the technical rules of evidence.
13.04.195 – NON-TRANSFERABILITY
A. No ‘permit holder’ shall assign, transfer, sell any permit issued under this chapter nor use any such permit for or on any premises or for facilities or operations or discharges not expressly encompassed within the underlying permit. No person shall discharge any industrial wastewaters in excess of the quality or quantity limitations set by the terms and conditions of the permit without first obtaining approval of an amendment to the permit pursuant to this chapter.
13.04.200 – PERMIT AMENDMENT
A. Any ‘permit holder’ may apply at any time for an amendment to a permit issued under this chapter to amend the terms and conditions of the permit. Such an application will be processed in the same manner as an original application.
B. Each permit issued pursuant to this chapter shall be automatically amended to include any more stringent, applicable federal or state requirements, regulations, laws, or orders for discharges than are contained in the permit or in this chapter. The Director will endeavor to give notice of changes in reporting requirements, but ‘permit holder’ shall be responsible for complying with more stringent limitations with or without notice from the City.
C. In order to protect the health and safety of the community or to comply with an applicable federal, state, or county order, regulation, or law, the Director may order an amendment to an existing permit at any time upon reasonable notice. Reasonableness of the notice will be determined by the urgency of the danger or the terms of the federal or state order, regulation, or law.
13.04.205 – NEW SOURCES
A. New sources of industrial waste discharges shall be in full compliance with the provisions of this chapter at the time of commencement of discharge. Dischargers of new sources, upon request of the Director, shall complete a waste minimization study in accordance with guidelines published by the Director, and shall certify that measures have been taken to minimize toxic constituents in the discharge.
B. The owner of every newly constructed, remodeled, or converted commercial or industrial facility shall comply with the following requirements upon commencement of discharge. These requirements shall apply to remodeled or converted facilities to the extent that the portion of the facility being remodeled or converted is related to the subject of the requirement:
C. Interior (indoor) floor drains to the sewer system may not be placed in areas where hazardous materials, hazardous wastes, industrial wastes, industrial process water, lubricating fluids, vehicle fluids or vehicle equipment cleaning wastewater are used or stored, unless secondary containment is provided for all such materials and equipment. Interior floor drains shall not be connected to the storm drain. The Director may allow an exception to this requirement under the following circumstances:
1. When the drain is connected to a wastewater treatment unit approved by the Director; or
2. For safety showers - When the drain is installed with a temporary plug which remains closed except when the shower is in use, or when the drain is protected from spills by either a covered sump or berm system. If a sump is used, the capaCity shall be at least as large as the largest chemical container in the laboratory; or
3. For industrial process equipment - If the equipment does not contain hazardous waste and if all floor drains are equipped with fail-safe valves which shall be kept closed during periods of operation.
D. Exterior (outdoor) drains may be connected to the sewer only if the area in which the drain is located is covered or protected from rainwater run-on by berms and/or grading, and appropriate wastewater treatment approved by the Director is provided. Any loading dock area with a sanitary sewer drain shall be equipped with a fail-safe valve, which shall be kept closed during periods of operation.
E. Exterior drains shall be connected to the storm drain. Such connections shall not be permitted within the following areas:
1. Equipment or vehicle washing areas; or
2. Areas where chemicals, hazardous materials, or other uncontained materials are stored unless secondary containment is provided; or
3. Equipment or vehicle fueling areas or fluid changing areas; or
4. Loading docks where chemicals, hazardous materials, grease, oil, or waste products are handled; or
5. Fueling areas shall have impermeable floors and rain covers that extend a minimum of ten feet in each direction from each pump.
F. Roof drains may discharge to the storm drain system, provided that all roof equipment, tanks, and pipes containing other than potable water, cooling system water, or heating system hot water have secondary containment.
G. Boiler drain lines shall be connected to the sewer system and may not be discharged to storm drain system.
H. Condensate lines shall not be connected or allowed to drain to the storm drain system.
I. Copper, copper alloys, lead and lead alloys, including brass, shall not be used in the sewer lines, connectors, or seals coming in contact with sewage, except for sink traps and associated connecting pipes.
J. Secondary containment shall be provided for exterior work areas where motor oil, brake fluid, gasoline, diesel fuel, radiator fluid or other hazardous materials or hazardous wastes are used or stored. Drains shall not be installed within the secondary containment areas. The Director may allow a drain for work areas (but not for hazardous storage areas) if the secondary containment area is covered and if the drain is connected to a wastewater treatment facility approved by the Director.
K. Sacrificial zinc anodes are not permitted to be in contact with the water supply in a water distribution system.
L. Aspirators connected to laboratory sink faucets are prohibited; however, aspirators designed and used for transferring acids and bases from stationary permanent laboratory sinks to treatment facilities shall be allowed.
M. Laboratory countertops and laboratory sinks shall be separated by a lip which prevents hazardous materials spilled on the countertop from draining to the sink.
N. Sewer traps below laboratory sinks shall be made of glass or other approved transparent materials to allow inspection and to determine frequency of cleaning. Alternatively, a removable plug for cleaning the trap may be provided, in which case a cleaning frequency shall be established by the Director. In establishing the cleaning frequency, the Director shall consider the recommendations of the facility. The Director will grant an exception to this requirement for areas where mercury will not be used; provided, that in the event such an exception is granted and mercury is subsequently used in the area, the sink trap shall be retrofitted to meet this requirement prior to use of the mercury.
O. Swimming pool discharge drains shall not be connected directly to the storm drain system or to the sewer system. When draining is necessary, a hose or other temporary system shall be directed into a sewer (not storm drain system) clean out. A sewer clean out shall be installed in a readily accessible area.
P. Food service facilities shall have a sink or other area for cleaning floor mats, containers, and equipment, which is connected to a grease interceptor and the sanitary sewer. The sink or cleaning area shall be large enough to clean the largest mat or piece of equipment to be cleaned. New buildings constructed to house food service facilities shall include a bermed area for a dumpster.
Q. Parking garage floor drains on interior levels shall be connected to an interceptor and to the sanitary sewer system.
13.04.210 – COMPLIANCE SCHEDULES
A. In the event that an industrial waste discharge ‘permit holder’ or applicant should be affected by a newly promulgated waste discharge standard or an existing discharge ‘permit holder’ is reclassified as being subject to the categorical standards provided in the pretreatment regulations due to process changes, or an inspection reveals the presence of regulated processes, or new information becomes available that justifies or requires a reclassification, the discharger shall, within ninety days of the effective date of a categorical standard or reclassification, file a baseline monitoring report [BMR]. If additional pretreatment or additional operation at and maintenance procedures or installation of facilities, equipment or improvement, will be required to meet the pretreatment regulations, the discharger shall include a compliance time schedule which specifies the shortest schedule by which the discharger will provide such additional pretreatment procedures or facilities, equipment or improvements to attain compliance for purposes of pretreatment regulations, the completion date in this schedule shall not be later than the established compliance date provided by the applicable pretreatment regulations.
13.04.215 – REVOCATION, SUSPENSION, OR MODIFICATION OF PERMIT
A. In addition to any other remedies that may be provided to enforce the provisions of this chapter, any permit issued pursuant to this chapter may be revoked, made subject to additional terms or conditions, modified or suspended by the Director in addition to other remedies provided by law, when such action is necessary in order to stop a discharge or a threatened discharge which presents a hazard or a threat of hazard to the public health, safety, welfare, natural environment, sewer system, or which violates this chapter, or which action is intended to implement programs or policies required or requested of the City by appropriate state or federal regulatory agencies.
B. Any discharger notified of the City's intent to revoke, make subject to additional terms or conditions, modify, or suspend the discharger's permit shall immediately comply with directives of the Director or cease and desist the discharge of all industrial wastes or such portion of said wastes as will eliminate the wrongful discharge to the sewer system pending any hearing that the discharger may request as set forth in this chapter.
C. The Director shall reissue or reinstate any industrial wastes permit or modified permit upon proof of satisfactory ability to comply and/or compliance with all discharge requirements, and the payment of any costs, fines, or penalties which may be assessed. The Director may require any ‘permit holder’ to develop and implement a compliance schedule for any proposed modification to permit terms and conditions.
D. The City will have the authority to comply with the public participation requirements of 40 CFR part 25 in the enforcement of National Pretreatment Standards by annually providing public notification in local newspapers. This notification may consist of a list of industrial users that, during the previous twelve (12) months, were in significant non-compliance of applicable pretreatment standards or other pretreatment requirements.
13.04.220 – APPEAL OF DECISION OF DIRECTOR
A. Any person dissatisfied with the decision of the Director to issue, deny, condition, amend, suspend, revoke, or modify any permit pursuant to this chapter may file a written appeal with the City manager. Such an appeal shall only be effective if the appeal is filed in writing together with any applicable fees with the City Manager no more than ten (10) working days following the date of the decision by the Director.
B. The Director shall give the industrial waste discharger applicant or ‘permit holder’ ten (10) working days' written notice of intent to issue or deny the application or to revoke, make subject to additional terms or conditions, modify or suspend the discharger's permit. The Director shall post a copy of such notice at City hall for interested persons. The notice shall set forth specifically the grounds for the Director's intention to deny, revoke, or suspend and shall inform the applicant or ‘permit holder’ or members of the public that they have ten days from the date of receipt of the notice to file a written request for a hearing. The application shall be issued or denied or the permit shall be revoked, modified or suspended if a hearing request is not received within the ten (10) working day period.
C. If the applicant or ‘permit holder’ or interested party or parties file(s) a timely hearing request, the City manager, or manager’s designee, shall within ten (10) working days from the receipt of the request, set a time and place for the hearing. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues and to be represented by counsel. The decision of the City manager, or the manager’s designee, whether to issue or deny the application or revoke, make subject to additional terms and conditions, modify or suspend the permit shall be final.
13.04.225 – PUBLIC ACCESS AND CONFIDENTIALITY OF INFORMATION
A. It is the intent of this chapter that the procedures and enforcement conducted pursuant to this chapter be conducted openly and publicly whenever possible. Pursuant to state law, the information filed and submitted by applicants, ‘permit holders’, and other interested persons shall be public record and open for public review.
B. However, when permitted by state law, information submitted to the City pursuant to this chapter may be claimed as confidential by the applicant or ‘permit holder’. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or, in the case of other submissions, by stamping the words "confidential business information" on each page containing such information. Information submitted prior to the inclusion of this section in the chapter may be withdrawn and replaced by submittals stamped "confidential business information." If no such claim is made at the time of submission, the information may be made available to the public without further notice. Upon receipt of a request for the release of information to the public which includes information which the applicant or ‘permit holder’ has notified the City is claimed to be a trade secret as provided herein, the City shall notify the discharger in writing of the request by certified mail, return receipt requested. The City shall release the information to the public, but not earlier than thirty (30) days after the date of mailing the notice of the request for information, unless, prior to the expiration of the thirty (30) day period, the applicant or ‘permit holder’ files an action in an appropriate court for a declaratory judgment that the information is subject to protection under the laws of the state of California or for an injunction prohibiting disclosure of the information to the public and immediately notifies the City of that action. This section does not permit any person to refuse to disclose the information required pursuant to this chapter to the City.
C. Information and data provided to the City pursuant to this section that constitutes a description of wastewater constituents and characteristics, effluent or flow data, and effluent concentrations shall be available to the public without restriction. A discharger may be prohibited from discharging a substance unless its composition is made known to the City.
D. Notwithstanding subsection above, the information shall be made available upon written request to other governmental agencies for uses related to this chapter, the NPDES permitting system, or other similar pollution regulatory programs.
13.04.230 – REPORTING REQUIREMENTS
A. All ‘permit holders’ shall submit periodic reports to the Director. Specific reporting requirements will be specified in the underlying permit or in controlling directives or violation notices. Minimum reports required will be:
1. Baseline monitoring reports (BMR);
2. Compliance reports, which will be submitted within ninety (90) days of the compliance date calculated pursuant to the applicable pretreatment standards or local standards;
3. Periodic discharge reports, which may include but not be limited to, nature of process, volume, rate of flow, mass emission rate, production quantities, hours of operations, number and classification of employees, or other information that relates to the generation of waste including wastewater discharge. These reports will indicate whether applicable pretreatment standards and discharge limits are being met during the reporting period. These reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on site, even though they are not normally discharged;
4. A zero discharge report may be required to certify that a discharger does not discharge industrial waste to the sanitary sewer system.
B. In order to be complete, any report filed pursuant to this section shall contain a certification statement reading as follows:
“I certify under penalty of perjury that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete.”
C. This certification statement shall be signed by the responsible corporate officer, manager, general partner, or duly authorized representative of the discharger and makes that person legally accountable for the information submitted.
D. It is a violation of the underlying permit to fail to timely file or refuse to file a report required pursuant to this section.
13.04.235 – WATER CONSERVATION
A. The Director may require a discharger to evaluate water conservation measures for industrial process water as a part of any pre-construction audit, industrial wastewater discharge permit application, Mass Audit Study (MAS), Reasonable Control Measures Plan (RCMP), Best Management Practices (BMP) or at any other time deemed necessary by the Director. The Director may require implementation of water conservation measures that are found to be cost effective.
13.04.240 – MONITORING
A. All monitored discharges shall be analyzed and tested according to procedures outlined in 40 CFR 136.
B. Each discharger shall provide at its own expense monitoring facilities to allow inspection, sampling, and flow measurements of the building sewer and internal drainage systems. The monitoring facility should normally be located on the discharger’s premises, but the City may, when such a location would be impractical or cause undue hardship on the discharger, allow the facility to be located in the public street or sidewalk area, so long as an encroachment permit is first obtained and it will not pose any hazard or inconvenience to vehicle or pedestrian traffic.
C. A monitoring facility shall allow ample room to allow accurate sampling and preparation of samples for analysis and shall be located so that it is not obstructed by landscaping or parked vehicles. The facility, sampling, and measuring equipment shall be maintained in a safe and proper operating condition at all times at the expense of the discharger.
13.04.245 – SELF-MONITORING
A. As a permit condition, the Director may require the discharger to conduct a sampling and analysis program of discharger's industrial waste of a frequency and type required by the Director to demonstrate compliance with the requirements of this chapter. The discharge permit shall specify the minimum frequency and type of samples, flow monitoring, measuring, and analyses to be conducted by the discharger. The permit may also specify the type of sampling equipment and flow monitoring equipment which must be installed and used. The required self-monitoring program will depend on factors such as flow, potential for the discharge to cause interference, pass-through, or upset of treatment processes, pollutants present, and prior compliance history (if any) of the discharger. Additional monitoring may be required by the Director for violation follow-up, assisting the City in evaluating effects of the discharge, or as part of a compliance directive or notice of violation.
B. The Director may require self-monitoring for facilities for which a permit has not been issued. In addition, the Director may require investigations or studies to determine methods of reducing toxic constituents in the discharge. The Director may also request that information be submitted within a reasonable time concerning the chemical or biological constituents of any substance or chemical product that could potentially be discharged to the sewer system or the storm drain system or which the Director determines may, alone or in accumulation with other discharges, contribute to a violation by the plant of any applicable water quality standards or of any of its NPDES permits or contribute to an upset of plant processes.
13.04.250 – INSPECTION AND SAMPLING
A. The Director, or any authorized representative of the Director, county health officer, or state or federal government agency related to pollution regulation, may conduct all inspection, surveillance, sampling, photographing, measuring, observing, and monitoring procedures necessary to assure compliance with applicable sections of this chapter, any applicable permit issued pursuant to this chapter, and applicable county, state, and federal orders, regulations and laws.
B. The Director and these authorized representatives shall be authorized, and the owner and occupants of any premises where wastewater is discharged or created shall allow these representatives to enter without unreasonable delay during all hours of discharge and hours of operation of the premises to conduct these procedures.
C. The Director and these authorized representatives shall have the right, and the owner and occupants of any premises where wastewater is discharged or created shall allow these representatives to set up on the premises any devices necessary to conducting sampling, inspection, compliance monitoring, or metering operations.
D. The Director and these authorized representatives shall have the right to inspect and copy any and all records related to the quantity and quality of wastewater discharges, building systems, and chemical and hazardous material usage, as well as those records supporting any reports submitted by the discharger or required by the underlying discharge permit. These records shall be made available by the discharger at either the premises themselves, the department of public works, or another location within the City designated in writing by the dischargers.
E. Any unreasonable refusal to provide access and records as required by this section shall be grounds to terminate all sewer service or revoke the underlying permit, or both.
13.04.255 – CHARGES AND FEES
A. The owner of any real property shall be responsible for subscribing to and paying for sewer service to such real property in accordance with rate schedules and rules and regulations established by the council. The owner of any real property shall be responsible for paying the sewer service charges and the sewer discharge permit fee from the use or occupancy of said property.
B. Nothing in this section is intended to or shall prevent an arrangement or the continuance of any existing arrangement, pursuant to rules and regulations established by the council under which payments for sewer service charges or sewer discharge permit fees are made by a customer, a tenant or tenants, or any agent, in behalf of the owner; provided, however, that any such arrangement shall not relieve the owner of the obligations set forth of this section where sewer service charges or sewer discharge permit fee is unpaid.
C. Nothing in this chapter is intended to permit recovery of charges for sewer services to or for a tenant’ s residential use from any subsequent tenant or the property owner in contravention of the provisions of the Public Utilities Code of the State of California.
D. The City Council may adopt charges and fees to implement this chapter. Those fees and charges may include civil penalties.
E. Sewer Service Charge. For the purpose of providing funds.
1. For the payment and/or before maturity of the principal of and interest on all sewer revenue bonds heretofore or hereafter issued by the City for the purpose of acquisition, construction, improvement and financing of improvements to the sewer system, provided said payment is not otherwise provided for in accordance with the direction of the City Council; and
2. for payment of the cost of improvements to and replacement of the sewer system; and
3. for payment of the cost of maintenance and operation of the sewer system, there shall be levied, assessed or charged upon all premises connected with the sewer system or required by this chapter to be connected to the sewer system monthly sewer service charges set forth pursuant hereto for the facilities and services furnished or available to such premises by the sewer system and all such charges shall be enacted and set by resolution of the council pursuant hereto.
F. If any premises shall become vacant, the applicable service charge shall continue to be charged to and collected from the owner of such premises until the Director of Public Works is notified in writing that such premises are vacant or unoccupied.
G. No facilities or services of the sewer system shall be furnished to any premises or to any owner or other person free of charge except the City.
H. The charges provided for sewer service and connection charges to nonresidential uses shall be obtained by multiplying in the applicable charge for a single-family dwelling unit by a figure representing a ratio of the quantity and quality of the sewage estimated to be discharged monthly into the sewer system by such nonresidential uses and that discharged from a single-family dwelling unit; said ratio to be determined and computed by the Director of Public Works.
I. Separate premises under single control or management shall be furnished the facilities and services of the sewer system through separate individual service connections unless the City elects otherwise. Separate houses or buildings on the same lot, or on adjoining lots, under a single control or management, shall be furnished said facilities and services by either of the following methods:
1. Through separate service connections to each such house or building; or
2. Through a single service connection to supply all such houses and buildings in which case one connection charge and one service charge shall be applied to each house or building and the responsibility for payment of charges for all facilities and service furnished shall be assumed by the owner having such control or management.
J. Connection Charges (Public Facilities Fees) - The council finds and determines that all premises within the City limits on the effective date of this chapter, upon which habitable improvements were existing on that date, have been and are subject to payment of City taxes heretofore levied and/or hereafter to be levied by the council for the purpose of paying the principal of and interest on general obligation bonds of the City issued for acquisition, construction and completion of portions of the sewer system heretofore constructed; and that the purpose of connection charges provided in this subsection C is to require all premises connected to the sewer system after the effective date of this chapter, or hereafter connected or required to be connected to this sewer system, to pay for the respective benefits to them from the system which said premises are to receive the use of and to provide for expansion of the system as required for new connections. Connection charges (public facilities fees) shall be determined and charged in accordance with the Brentwood Municipal Code.
K. The applicable charge provided for by this subsection, shall be paid at/or prior to the issuance of any building permit except in any case where connection is to be made to an extension of the sewer system constructed in assessment district proceedings, and in each such case the applicable charge may be paid from the proceeds realized from said assessment district proceedings as soon as such proceeding become available for that purpose.
L. Any premises which were in the City limits on or before November 1, 1977, on which habitable improvements existed on that date, shall be exempt from all charges provided for in this subsection C, as long as the character and use of the premises is not so changed as to increase the amount of sewage or change the character thereof so as to increase the burden on the system; if any such change occurs, or if application is made for building new or altering structures thereon, or if a different use or uses of existing structures thereon is proposed, such premises shall be liable for all charges provided to be made as provided in this chapter.
M. The City of Brentwood does establish an annual sewer service standby charge in the amount of eighty dollars per vacant parcel of land.
1. The charge shall be billed on a fiscal year basis beginning with the fiscal year of July 1, 1988 through June 30, 1989, and the charge shall be collected as a part of the annual general county tax bill.
N. Fees and Billing. The fees provided for in this Division are separate and distinct from all other fees chargeable by the City. All fees shall become immediately due and owing to the City upon receipt of invoice(s) for rendition of services or expenditure by the City and shall become delinquent if not fully paid within 45 days after receipt. Any delinquent amount shall be subject to a late charge of fifteen (15) percent. Fees applicable to this Division are as follows:
1. All sewer service charges shall be as prescribed by resolution of the City Council. These charges may be collected with the charges for water or any other service furnished by the City and said charges may be placed upon the same bill as is prepared for water or other services and, in such event, shall be due and payable at the same time, and the total amount due for all charges and rates may be shown as a single total sum due and may be paid as a unit.
2. Opening bills, closing bills, bills rendered for periods less than the billing period, and other bills requiring proration will be computed in accordance with the applicable schedule, but the amount of any fixed charge or minimum charge specified therein will be prorated on the basis of the number of months in the period.
3. In the event the City does not furnish water to a premises, then the charges fixed for such premises shall be due and payable bi-monthly, in advance; except that, by resolution of the council, such time for payment may be changed from time to time.
O. The City shall have the right to require any person liable to pay any sewer service charge to make a reasonable deposit, as set forth by resolution, to insure collection of the charges herein fixed.
P. All sewer charges shall be billed to the owner or occupant of the premises served, or to the owner of any premises, as determined by the City, on the date on which such premises are required by this chapter to connect to the sewer system.
13.04.260 – NOTICES
A. Notices from the City to any person will be given in writing, either delivered to the person or mailed to his last known address, except that where conditions warrant or in any emergency the City may give verbal notice by telephone or in person.
B. Notices from any person to the City may be given by such person or his authorized representative verbally or in writing, in person or by mail, to the office of the City clerk or Director of finance.
13.04.265 – PROTECTION FROM ACCIDENTAL DISCHARGES
A. Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter into either the storm sewer or sanitary sewer systems.
B. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the industrial user's expense.
C. Any direct or indirect connection or entry point for deleterious wastes to the discharger’s plumbing or drainage system shall be eliminated through reasonable disconnection or barriers as necessary to ensure protection to the system.
13.04.270 – REPORTING ACCIDENTAL DISCHARGES
A. Dischargers shall notify the City immediately upon accidentally discharging wastes in violation of this chapter or the discharger’s permit in order to enable countermeasures to be taken by the City and other government agencies to minimize damage to the community sewer, plant, treatment processes, and waters of the City and the state. The discharger shall file a detailed written statement with the City within fifteen (15) days of the accidental discharge that describes the causes of the discharge and the measures being taken to prevent any further occurrence. Compliance with this section will not relieve the discharger of liability for any expense, loss, or damage to the sewer system, plant, or treatment process, or for any fines imposed on the City on account thereof under the Water Code or Fish & Game Code.
13.04.275 – EMPLOYEE TRAINING AND NOTICE
A. All permit holders shall inform appropriate employees of the provisions of this chapter by conducting orientation of new employees involved in permit-related activities and annual training.
B. All permit holders shall provide areas for posting of information regarding pollution control, and in all cases, shall post signs or notices indicating approved methods for disposition of wastes and reporting requirements for accidental discharges and increased loadings with telephone numbers for appropriate response agencies.
13.04.280 – DISPOSAL OF UNACCEPTABLE WASTE
A. Waste not permitted to be discharged into the community sewer shall be transported to a state-approved disposal site. The required Waste Haulers Report shall be completed and a copy furnished within thirty (30) days to the City by the discharger.
13.04.285 – ILLEGAL SEWER USES
A. Any use of any sanitary sewer system that does not conform to the regulations established in this chapter is illegal. Within thirty (30) days following notice by the Director of Public Works or that an illegal use exists, corrective measures to eliminate the illegal use shall be made by the owner or responsible party except that in cases where extensive or exceptional repairs or replacements to existing installations are required, the City may grant extensions of time or consent to temporary remedial arrangements.
13.04.290 – AGREEMENTS IN EXCEPTIONAL CASES
A. Discharge of wastes not meeting the requirements stated in this title may be permitted by special agreement between the discharger and the City, so long as the agreement conforms to state and federal limitations.
B. The City shall have the right to disallow exceptional discharges, prescribe pretreatment of some types of industrial wastes and to establish surcharges based on the cost of handling exceptional wastes in the City's sewage collection and treatment system.
13.04.295 – VIOLATIONS and CIVIL PENALTIES
A. Violations - Any person who is found to have violated any provision of this Division or any condition of a permit issued pursuant to this Division, shall be, upon conviction, subject to a penalty in an amount not to exceed $500.00 or by imprisonment for not more than six months, or by both, for each offense as provided for in City Ordnances. Each separate violation shall constitute a separate offense, and upon conviction of a specified ordinance violation, each day of violation shall constitute a separate violation. In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Division or the orders, rules, regulations and permits issued hereunder.
B. Pursuant to Government Code, the City may impose civil penalties on persons who violate the provisions of this chapter in addition to any other remedies that the City or any other government agency may have. Civil penalties of up to ten thousand dollars ($10,000) per day for each violation may be imposed.
1. The process by which such civil penalties are determined and reviewed will be the same as and a part of the process by which a violation of the sanitary sewer use rules and regulations is determined and reviewed as adopted by the Council by resolution.
2. If such a process is not applicable, any person may appeal the imposition of a civil penalty under this chapter by filing a notice of appeal with the City manager within fifteen (15) days of the notice of imposition of a civil penalty. The City manager will fix a time and place for hearing the appeal and give notice in writing to the appellant of the time and place of hearing by serving it personally or by depositing it in the United State mail, postage prepaid, addressed to such person at the address appearing on the notice of appeal. At the hearing on the appeal, the City manager shall receive testimony from the appellant and the City officers or employees recommending the penalties. The decision of the City manager shall be in writing, shall be served on the appellant in the same manner as prescribed for the notice of hearing, and shall be a final administrative decision.
3. Any civil penalties imposed under this chapter may be collected in the same manner as other sanitary sewer charges and fees. The imposition of civil penalties shall not preclude in any way the imposition of additional requirements, charges, damages, or criminal sanctions that may be required or imposed by the City or any other person.
4. Any person contesting a decision on a civil penalty shall be bound by the requirements of Government Code.
5. The City may petition the superior court to impose, assess, and recover these civil penalty sums. In determining whether to enforce the civil penalties, the court will take into consideration all relevant circumstances, including but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violations occurred, and corrective action, if any, taken.
13.04.300 – SHOW CAUSE HEARING
A. The Director may order any user who causes or allows an unauthorized discharge to enter the sanitary sewer system to show cause before the City manager or the City Council why a proposed enforcement action should not be taken. A notice will be served on the user specifying the time and place of the hearing and the proposed enforcement action and reasons therefore. The notice will be served personally or by registered or certified mail at least ten (10) working days before the scheduled hearing.
B. After reviewing the evidence and testimony presented at the hearing, the City manager or the City Council, as applicable, may make such orders as the manager or council deems appropriate with due regard to the violations, if any.
13.04.305 – ABATEMENT
A. In addition to any other remedies provided by law, the Director shall have the power to disconnect the user sewer system from the sewerage works. Upon disconnection, the City will estimate the cost of the re-connection to the system, and this user shall deposit the cost of disconnection and estimate re-connection before the user is reconnected to the system. The City will refund any part of the deposit remaining after payment of all costs of disconnection and re-connection.
B. During the period of disconnection, any habitation or occupancy of the premises shall constitute a public nuisance.
13.04.310 – CORRECTION OF VIOLATION AND EMERGENCY ACTION
A. In order to enforce the provisions of this chapter, the City may correct any violation. The cost of such correction, including installation of additional pretreatment facilities shall be added to any sewer service charges and fees on the premises and collected in the same manner as other sewer service charges and fees.
B. In case of emergency, the City may take such steps and obtain such warrants as necessary to enter and correct any illegal discharge or permit violation that pose an imminent threat to public health or safety.
C. Any sewer or sewerage maintenance expenses attributable to a violation of this chapter or a permit issued under this chapter, including excessive preventative maintenance or cleaning, will be charged to the offending discharger by the City. Any refusal to pay such maintenance expenses duly authorized by the City shall constitute a violation of this code.
13.04.315 – INJUNCTION
A. In addition to any other remedy provided in this code or by law, the City may petition the superior court or the federal district court for the issuance of a temporary restraining order, preliminary injunction, or permanent injunction, as may be appropriate, restraining any person from a violation of this chapter.
13.04.320 – FALSIFYING INFORMATION OR TAMPERING WITH PROCESSES
A. It is unlawful to:
1. Knowingly or recklessly make any false statement, representation, record, report, plan, or other document filed with the City in connection with this chapter; or
2. Falsify, tamper with, or knowingly or recklessly render inaccurate, any monitoring device or method or access point; or
3. Divert flow from any monitoring device or equipment installed or operated pursuant to this chapter or any permit issued under this chapter.
B. In addition to any other remedy provided in this code or by law, any such illegal activity will be grounds for revocation of the underlying permit.
13.04.325 – COMPLIANCE WITH FEDERAL PRETREATMENT REGULATIONS
A. Notwithstanding any provision in this chapter, no industrial user shall discharge, cause, allow or permit any discharge into the sanitary sewer system in violation of any federal or state regulation regulating discharges by such users, including but not limited to the Federal Pretreatment Regulations found in title 40 of the CFR. Any pretreatment facilities required by those regulations or this chapter shall be provided, operated, and maintained at the user’s expense.
13.04.330 – IMPROPER SEWER CONNECTIONS
A. All sewer laterals or sewer cleanouts which contain leaks or breaks, uncapped sewer cleanouts, sump pumps, downspouts or yard drains which discharge into the sewer system, and all other sources of accidental, negligent or intended introduction of storm runoff or similar waters into the sanitary system are declared to be a public nuisance, and shall be abated by the owner of the property, who is required to remove or correct such improper sewer connections.
13.04.335 – RESOLUTION DECLARING NUISANCE--NOTICE OF ABATEMENT
A. Whenever any such improper sewer connection exists upon any private property or in any street or alley within the City, the City Council shall pass a resolution declaring the same to be a public nuisance, and order the Director of Public Works to give notice of the passage of such resolution as herein provided and stating therein that unless such nuisance is abated without delay, the work of doing so will be done by the City and the expense thereof assessed upon the property from which the nuisance is removed. Such resolution shall fix the time and place for hearing any objections to the proposed correction or removal.
13.04.340 – FORM OF NOTICE--MAILING
Such notice shall be substantially as follows:
Notice to Correct or Remove Improper Sewer Connection
NOTICE IS HEREBY GIVEN that on , 20 , pursuant to the provisions of the Ordinance Code, City of Brentwood, the City Council of said City passed a resolution declaring that all improper sewer connections upon any private property in any public street or alley, constitute a public nuisance and must be abated by correction or removal thereof.
The improper connection on your property is .
NOTICE IS FURTHER GIVEN that property owners shall within thirty (30) days hereof correct or remove all such improper sewer connections from their property, or such improper sewer connections will be removed or corrected by the City, in which case the cost of correction or removal will be assessed upon the land upon which such improper sewer connections have been corrected or removed; and such cost will constitute a lien upon such land until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected.
All property owners having any objection to the proposed correction or removal of such improper sewer connections are hereby notified to attend a meeting of the Council of said City, to be held at the Council chambers in the City Hall in said City on , 20 , at seven o'clock, p.m., when and where objections will be heard and given due consideration.
DATED , 20
__________________________________
Director of Public Works, City of Brentwood
Such notice shall be mailed to the owner of each property, as such ownership is shown on the last equalized assessment roll, on which the nuisance exists, at least ten days prior to the time fixed by the council for hearing objections.
13.04.345 – HEARING--ACTION BY COUNCIL
A. At the time stated in the notice, the City Council shall hear and consider any and all objections to the proposed corrections of improper sewer connections and may continue the hearing from time to time.
B. Upon the conclusion of such hearing, the council by motion shall allow or overrule any or all objections, if any, after which the council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of correction of the improper sewer connection. The action of the council at the conclusion of such hearing shall be final and conclusive.
13.04.350 – ORDER TO ABATE NUISANCE--ABATEMENT BY PROPERTY OWNER
A. After final action shall have been taken by the council on the disposition of all objections or in case no objections shall have been received, the City Council shall by resolution order the City engineer to abate or cause to be abated such nuisance by having the improper sewer connection corrected or removed, and the City engineer and his assistants, employees, contracting agents or other representatives are authorized to enter upon private property for that purpose.
B. As an alternate remedy, the City may take such legal action as may be necessary to require correction or removal of the improper sewer connection by the property owner.
C. Any property owner shall have the right to correct or remove such improper sewer connections himself or have the same corrected at his own expense; provided that such correction or removal shall have been completed prior to the arrival of the City engineer or his representatives to perform such work.
13.04.355 – ACCOUNT AND REPORT OF COST
A. The City Public Works shall keep an account of the cost of abating such nuisance upon each separate lot or parcel of land, and include such account in a report and assessment list to the City Council, which shall be filed with the clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land therefore respectively.
13.04.360 – NOTICE OF HEARING ON REPORT AND ASSESSMENT LIST
A. The City Clerk/ Director of Administrative Services shall post a copy of such report and assessment list at or near the City clerk's office and shall notify property owners that they may appear and object to any matter contained therein. The notice shall be mailed at least ten days before the time such report will be considered by the City Council. Such notice shall be substantially in the following form.
NOTICE OF HEARING ON REPORT AND ASSESSMENT
FOR IMPROPER SEWER CONNECTIONS
NOTICE IS HEREBY GIVEN that on the day of , 20 , the City Engineer of the City of Brentwood filed with the City Clerk of said City a report and assessment list on the abatement of improper sewer connections within said City, a copy of which is posted near the office of the City Clerk.
The assessment against your property is .
NOTICE IS FURTHER GIVEN that on Monday, the day of , 20 , at the hour of seven o'clock, p.m. in the Council Chambers in the City Hall of said City, said report and assessment list will be presented to the City Council of said City for consideration and confirmation, and all persons interested, or to any matter or thing contained therein, may appear at said time and place to be heard.
Dated: , 20 .


City Clerk
City of Brentwood
13.04.365 – HEARING AND CONFIRMATION OF ASSESSMENTS--LIEN AGAINST PROPERTY
A. At the time and place fixed for receiving and considering such report, the City Council shall hear the same together with any objections which may be filed by any of the property owners liable to be assessed for the work of abating the nuisance mentioned in this chapter, and the City engineer shall attend such meeting with his record thereof, and at such hearing, the City Council may make such modifications in the proposed assessment therefore it may deem just and proper, after which such report and assessment list shall be confirmed by resolution.
B. The amount of the cost of abating the nuisance upon the property referred to in the report of the Director of Public Works and as finally concluded by resolution of the City Council shall constitute a special assessment against each respective lot or parcel of land, and after thus made and confirmed, shall constitute a lien on such property for the amount of such assessments, until paid.
13.04.370 – COLLECTION ON TAX ROLL
A. The City clerk shall transmit a copy of said resolution to the Contra Costa County tax collector. Thereafter, such amounts shall be collected at the time and in the same manner, as general City taxes are collected, and shall be subject to the same interest and penalties, and the same procedure and sale in case of delinquency. All laws and ordinances applicable to the levy, collection and enforcement of City taxes are made applicable to such special assessments.
13.04.375 – PAYMENT OF ASSESSMENTS, ANNUAL INSTALLMENTS, INTEREST
A. The payment of any assessments of four hundred dollars or more upon single-family residence may be made in annual installments, not to exceed five; the payment of assessments so deferred shall bear interest on the unpaid balance at the rate of seven percent per annum. Said interest shall begin to run on the thirty-first day after the confirmation of the assessments.
13.04.380 – INSPECTION AND CORRECTION UPON SALE
A. Whenever any property is to be transferred to or vested in any other person or entity and that property includes any buildings or structures constructed more than twenty-five (25) years prior to the date of transfer or vesting, the sewer lateral(s) to that property shall be tested for infiltration and all necessary repairs or replacements performed to prevent all infiltration. The City engineer shall establish or approve testing procedures. All repair or replacement work shall be completed and approved by the City prior to transfer of title.
1. Exceptions: This section shall not apply:
a. To condominium or cooperative apartment buildings or the units within those buildings, except as a condition to conversion to a condominium or cooperative apartment building; or
b. For ten (10) years after acceptance of a test pursuant to this section if partial or no repairs of the lateral were required and any repairs were completed pursuant to permit and inspection by the City; or
c. For ten (10) years after inspection and approval by the City of completed alterations to the lateral, if alterations pursuant to a City permit were made to the location of or connections to the lateral following a test pursuant to this section; or
d. For twenty-five (25) years after acceptance of work if replacement of the complete sewer lateral was performed; or
e. If the City engineer determines testing is unnecessary because the piping has less than three joints and the total length does not exceed ten (10) feet.
B. For purposes of this ordinance, a sewer lateral shall be deemed to be the piping and sewer appurtenances outside a structure or traveling between two or more structures and terminating at a clean out, wye, or manhole acceptable to the City engineer. Any modification to the sewer lateral shall be performed and inspected under the requirements of City standards and specifications.

INTRODUCED, WITH FIRST READING WAIVED by the City Council of The City of Brentwood at is regular meeting on July 26, 2005.
 

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