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2002-05 Sanitary Sewer Regulations ORDINANCE 2002-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA AMENDING TITLE 18, SANITARY SEWER REGULATIONS, OF THE ENCINITAS MUNICIPAL CODE TO INCORPORATE PORTIONS OF THE CARDIFF SANITATION DISTRICT CODE, DUE TO THE DISTRICT'S DISSOLUTION The City Council of the City of Encinitas, California does ordain as follows: SECTION ONE: The City Council does ordain to repeal Title 18 of the Encinitas Municipal Code and to enact in its place a new Title 18, which shall read as per the attached (EXHIBIT A). SECTION TWO: This Ordinance was introduced on March 27, 2002. SECTION THREE: PASSED AND ADOPTED this 10TH day of APR I L ,2002, by the following vote to wit: AYES: BOI'ID, GUERIN, HOLZ, HOULIHAN, STOCKS, NAYS: NONE. ABSTAIN: NONE. ABSENT: NO~E I Chris~uerin, Mayor ATTESTATION AND CERTIFICATION: This Ordinance was published pursuant to law. ~'~ D~bora~/Cervone, dry C,o/rk ? EXHIBIT "A" CHAPTER 18.01 GENERAL PROVISIONS 18.01.010 Purpose. It is the purpose of this Title to establish procedures and regulations for the use and protection of the City's sanitary sewer system (Ord. 95-16). 18.01.020 Severability. If any provision of this Title or the application thereof to any person or circumstance is held invalid, the remaining portions of the Title and the application of such provisions to other persons or circumstances are to be considered valid. 18.01.030 Definitiona For the purposes of this Title, the words set out in this section shah have the following meanings: "Applicant" means any person or group of persons who applies for sewer services. "Cost" means the cost of labor, material, transportation, supervision, eng/neering and all other necessary overhead expenses. "Customer" means any person, firm, association, corporation or government agency served or entitled to be served sewer service by the City for compensation. "Developer" means any person or group of persons, including contractors, corporations or public entities, who request to extend or connect to the sewer system. "District" Any reference to the "Cardiff Sanitation District" by that name or any other reference within this code shall mean the CiO~ of Encinitas. "Extension" means an extension of an existing sewer main. "Equivalent Dwelling Unit (EDU)" means the unit of measure which is based on the flow characteristics of an average single-family residence in terms of sewage quantity and constituent quality. "Fiscal Year" means the period from July 1 to June 30, both inclusive. "Garbage" means the animal and vegetable waste from the handling, preparation, cooking, dispensing, and disposal of food. "Grease" means any material which is extractable from an acidified sample of water by hexane or other designated solvent and as determined by the appropriate procedure in standard methods. "Grease" includes fats and oils. "Grease Interceptor" means a pretreatment device designed and installed to separate fats, oils, and grease from wastewater. "Industrial Waste" means solid, liquid, or gaseous substances discharged or flowing from an industrial, manufacturing, or commercial premises resulting from manufacturing, processing, treating, recovery, or development of natural or artificial resources of whatever nature. "Industrial Waste~vater" means all water-carried wastes and wastewater of the community, excluding domestic wastewater and uncontaminated water. Includes all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation. These may also include wastes of human origin similar to domestic wastewater. "Interceptor Line" refers to a large sewer line to which many trunk lines are connected and which serves the primary purpose of transporting sewage from trunk lines to the disposal. "Main or Sewer Main" is a sewer pipeline in the sanitary sewer system of the City. Individual service laterals discharge selvage into server mains which convey the sewage toward trunk lines and interceptor lines and ultimately to the disposal. "Maximum Charge" refers to the maximum amount residential accounts can be charged for annual server service. This amount is based on indoor water usage for a household of six persons. (Ord. 98-10). "Median Annual Water Usage" means the annual water use at which exactly half the customers in the classification are under the amount and half the customers are above the amount. (Ord. 98-10). "Minimum Charge" refers to the minimum amount residential accounts can be charged for annual sewer service. This charge covers the fixed costs incurred by the City in providing sewer service to a customer, regardlessofthe amount of water usage. (Ord. 98-10). "Multi-Family Residential" means the residential classification with more than one living unit served by a single water meter, and shall include all residential accounts other than single-family residential. (Ord. 98-10). "Non-Residential" means the classification which includes all accounts other than single~familyresidentialand multi-family residentialcustomers. (Ord. 98-10). "Owner or Property Owner" means the person owning the fee, the person in whose name the legal title to the property appears, by deed duly recorded in the County Recorder's office, or the person in possession of the property or buildings under claims of, or exercising acts of ownership over same for himself, or as executor, administrator, guardian or trustee of owner. Includes a holder in fee, life tenant, fiduciary, lessee or licensee holding under government lease or license of real property. "Person" means any individual, property owner, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context. "pH" indicates the intensity of acidity and alkalinity on a pH scale running from 0 to 14. A pH value of 7.0, the midpoint of the scale, represents neutrality. Values above 7.0 indicate alkalinity and those below 7.0 indicate acidity. "Premises" means any lot, piece or parcel of land, building or establishment. "Pretreatment or Treatment" is the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or other~vise introducing to the sewer system. "Return to Sewer" is the percentage of metered water usage, measured in hundred cubic feet, that is discharged into the sanitary sewer system for collection and treatment. This percentage excludes storm, surface, and groundwaters not intentionally admitted in to the sewer system. (Ord. 98-10). "Regular Sewer Service" means the sewer service and facilities rendered for normal domestic and industrial or commercial purposes on a permanent basis and the sewer system available- therefore. "S.S". means suspended solids, a measure of the strength ofwastewater. (Ord. 98-10). "Sanitary Sewer or Sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted. "Self-regenerating or Automatic Water Softener" is a water softener unit which is a water conditioning apparatus such as zeolite and resinous ion-exchange softeners or diminerllzers or other like devices which require the periodic discharge of brine solutions in their operation. "Sewage" means the waterborne wastes derived from ordinary human living processes and of such character as to permit satisfactory disposal, without special treatment, into the public sanitary sewer, a private sanitary sewer, or by means of household septic tank systems. "Sewer, Building or House" means that portion of a pipe or conduit carrying sanitary sewage and/or industrial wastes from a building to the public sanitary sewer or a common sewer. "Sewer Lateral or Service Lateral" means the service pipes extending from the private property line to the public sanitary sewer main in a public street, alley or easement. It is the connection of any domestic, commercial or industrial sanitary sewer lines to the City's system after the payment of established fees and charges and City approval. (Ord. 97-04) "Sewer~ Private" refers to a privately owned sanitary sewer which is not directly eontrulled by the City. "Sewer, Public" refers to the sanitary sewer system under the jurisdietinn of the City and the sewage treatment plant where the sewage will be processed. "Sewer System" means the sanitary sewer system of the City. Includes all construction and appurtenant equipment utilized in the collection, transportation, pumping, treatment and final disposal of sewage. "Single-Family Residential" means the residential classification where one living unit is served by one water meter, with the exception that where two or more living units are attached they are treated as multi-family residential regardless of the number of water meters. (Ord. 98-10). "Slug" means any discharge of water, sewage or industrial wastes which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four hour concentration of flows during normal operation. "Standard Methods" means the current edition of Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association, and Water Pollution Control Federation. "Sub-classification" refers to the individual uses arranged under the classification. (Ord. 98-10). "Sub-meter" means a device used in addition to a water utility meter maintained by the San Dieguito Water District or Olivenhain Municipal Water District to measure the water usage within a dwelling unit or outside a dwelling unit for the purpose of isolating outdoor water usage. (Ord. 98-10). "Suspended Solids" means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids; and which arc largely removable by laboratory filtering and as determined by the appropriate procedure in standard methods. "Trunk Line" means a main sewer line to which many sewer mains are connected and which serves the primary purpose of transporting sewage from sewer mains to the disposal. "Utility Hole" is an access to underground utilities. It is also referred to as a manhole. "Wastewater" means waste and water, whether treated or untreated, discharged into or permitted to enter a public senver. 18.01.040 Grammatical Interpretatio~ For the purpose of this Title: A. All words used in the present tense shall include the future; B. All words in the masculine gender shall include the feminine; C. The word "shaH" is mandatory and "may" is permissive; D. All words in the plural number shall include the singular number; and E. All words in the singular number shall include the plural number. CHAPTER 18.04 GENERAL SEWER REGULATIONS 18.04.010 Title. This Chapter shall be known as the "City of Encinitas Sewer Regulations Ordinance." (Ord. 95-16). 18.04.020 Purpose of Rules and Regulations, The purpose of these rules and regulations is to set forth the terms and conditions under which the City will authorize connections and provide sewer service to customers. 18.04.030 Sewer System. The City will furnish a system, works and infrastructure used for and useful for collection of domestic and industrial sanitary selvage, including aH parts of the enterprises, all appurtenances to it, and lands, easements, rights in land, contract rights, franchises, and other sewage collection facilities and equipment. 18.04.040 Sesver Service and Connection Conditions, All applicants for sewer service or sewer connections shall be required to accept such conditions of connection and service as may be provided by the City. The construction, installation, or repair of sewer service laterals and house sewers and connections to the sewer main and sewer system shall be completed in accordance with all existing laws, ordinances, and rules of the City, County of San Diego, and the State of California or any department thereof. The type of sewage discharged into the server system shall meet the requirements and restrictions of the Encina Wastewater Authority or the San Eiijo Joint Powers .4uthority as applicabla 18.04.050 Tampering with City Property. No one except an employee or representative of the City shall at any time in any manner operate the valves, motors, gates, machinery, sewage treatment plant, sewer utility holes, or siphons of the City system or interfere with senver lines or other parts of the sewer system. 18.04.060 Damage to City Sewers. No person shall willfully break, damage, destroy, uncover, deface or tamper with any structure, appurtenances or equipment which is part of the City's sewer system. Any person who willfully or negligently damages any City sewer or facility thereto is liable for the cost of repair, including the cost of replacement thereof. 18.04.070 Right to Inspect and Enter Private Property for Work within Sewer Easements, With the permission of the property owner, the officers, employees and agents of the City bearing proper credentials and identification shall have the right to enter upon any premises within the City to inspect and determine if this Title is being complied with, and for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, replacement and maintenance of any portion of the sewer system within any easements on the property. 18.04.080 Unlawful to Make Sewer Connection without Payment of Fee. A. No person shall connect to the City's sewer system or sewer main without first submitting an application for sewer connection/capacity and obtaining the approval of the City Engineer authorizing such connection. (Ord. 97-04) 1. Approval of the application shah be given if the applicant is able to deliver sewage to points and elevations designated by the City and has paid all related fees and charges. 2. Ail applicants for new connections must be served within the boundary of the City or within the sphere of influence of the City with a submitted request for annexation into the City through the Local Agency Formation Commission procedure. B. It is unlawful for any person: 1. To place, discharge or dispose of any material, solid or liquid, into the sewer system, or any part thereof, without first obtaining a permit from the City pursuant to this Title, and without having first paid all fees required by this Title; or 2. To place, discharge or dispose of any substance into the sewer system except substances of waste materials originating on the premises to which a sewer connection permit has been issued. 18.04.090 Enforcement Measures in Case of Delinquency. When any fee or charge imposed by this Title becomes delinquent, the enforcement agents are authorized to take any or all of the following actions in accordancewith the law: A. Any steps authorized by law to collect fees and charges; B. Disconnect the premises from the City's sewer system; prior to such disconnection, notice of such delinquency shall be given to the occupant of the premises by United States mail with return receipt, or by posting such notice on the premises; the occupant will be given the opportunity for informal hearing with the City Manager prior to said disconnection, and if requested, within five days thereal~er appeal to the City Council; concurrently with the disconnect, a copy of the City's notice to occupant will be furnished to the regional office of the County Health Department. When a premises has been disconnected, it shall not be reconnected until all delinquent fees and charges have been paid, together with a charge for such disconnection and reconnection, as established by resolution of the City Council. 18.04.100 Maintenance of Sewer Lateral. A. The property owner serviced by a sewer lateral shall be responsible for cleaning, maintaining and repairing the sewer lateral between the sewer main and the lateral connection to the structure. B. The property owner shall do such work at the property owner's sole expense and only after the required permits have been issued. C. The owner of such property shall reimburse the City for work on sewer laterals for the removal of obstructions, when the work is designated as necessary for public safety. 18.04.110 Restrictions Relating to Use of Public Sewers. A. No person shall discharge or cause to be discharged any storm water, surface water groundwater, unpolluted industrial process water, roof runoff, subsurface drainage, or any waters from an uncontaminated cooling system, swimming pool, decorative fountain or pond, into any public sewer or any private sewer which is connected to the public sewer without written permission from the City Engineer in conformancewith adopted regulations. B. No person shall enter, obstruct, uncover, or tamper with any portion of the public sewer, or connect to it, or dispose septic tank/cesspool wastes, or dispose of anything into any sewer and/or sewer utility hole without the written permission of the City Engineer. C. No person shall remove or demolish any building or structures with plumbing fixtures connected directly or indirectly to the public sewer as follows: 1. The person shall notifying the City Engineer prior to commencing work; 2. The person shall ensure that all openings in or leading to the public sewer line or lines caused by such work shall be sealed watertight; and 3. The person shall ensure that the work is inspected by the City Engineer or his representative before being backfilled. D. No person shall f'dl or backfill over, or cause to cover, or obstruct access to, any sewer utility hole. E. No person shall erect any improvements, structures, or buildings over public sewers or sewer easements without the written permission of the City Engineer. F. Except as hereinafter provided in this section, no person shall discharge or cause to be discharged any of the following described substances, waters or wastes into any public sewer: 1. Liquid or vapor having a temperature higher than 140 degrees Fahrenheit; 2. Water or waste which may contain more than 200 mg/l for inorganic or 400 mg/l of organic concentration of fats oils, grease, or waxes, or containing substances which may solidify or become viscous at temperatures between 32 degrees and 150 degrees Fahrenheit; 3. Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas; 4. Toxic, noxious or malodorous liquid, solid, or gas deemed a public hazard and nuisance; 5. Paints, or waste products from paint manufacture; 6. Garbage that has not been properly shredded to a size of one- fourth inch or less so that all particles will be carried freely under normal flow conditions in the public sewers; 7. Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar plastics, wood, paunch manure, paper substances or normally dry, solid wastes capable of causing obstruction to the flow in or damage to sewers or other interferencewith the proper operation of the sewerage works; 8. Water or wastes having a pH lower than 5.5 or higher than 11.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewerage works; 9. Water or wastes containing any substance in sufficient quantity to discolor, injure, disrupt or interfere with the normal operation of any sewage treatment process, constitute a hazard to human or animal life, create a public nuisance, or significantly lower the quality of the receiving waters; 10. Water or wastes containing suspended solids of such character or quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant; ~ - 11. Unusual volume of flow or concentration of wastes constituting "slugs" as deemed in Section 18.01.020; 12. Radioactive wastes or isotopes of such half-life or concentration that may exceed limits established by the City Engineer in compliance with the applicable state or federal regulations; 13. Water added for the purpose of diluting wastes which could otherwise exceed applicable maximum concentration limitations; or 14. Water or wastes containing substances which are not amenable to treatment or reduction by the treatment processes normally employed. 18.04.120 Pumping Interceptors/GreaseTraps. A. No person shall discharge or cause to be discharged any fats, greases, and waxes to the sewer system if their concentration and physical dispersion results in separation and adherence to sewer structures and appurtenances. If there is evidence of adherence of such materials to said structures, or if such materials cause blockage in the sewer system, then the wastewater carrying such materials must be effectively pretreated by a process or device to effect removal from the flow before its discharge to the sewer system. Grease, oil, and sand interceptors shah be installed when deemed necessary by the City Engineer for the proper handling of liquid waste containing grease in excessive amounts, and flammable materials, sand, and other harmful ingredients. All interceptors shall be of a type and capacity acceptable to the City Engineer and shall be located as to be readily accessible for cleaning and inspection. B. Grease and oil interceptors shah be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shah be gastight and watertight. C. All grease, oil, and sand interceptors shall be maintained in continuously efficient operation at all times by the owner at his expense. In the maintaining of these interceptors, the owner shah be responsible for the costs and the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, amounts, and means of disposal which are subject to review by the City Engineer. 18.04.130 Surcharge Any person who discharges or causes to be discharged into the public sewers any water or wastes having more that 200 mg/l of inorganic or 400 mg/l of organic grease or oil shall be obligated to pay a surcharge, occasioned by the extent to which such water or waste contains an excess over the foregoing limitation of concentration, or by the estimated cost of the City services required to remedy the effect of the discharge. 18.04.140 Self-regeneratingor Automatic Water Softeners Prohibited. A. It is unlawful for any person to install or replace any plumbing equipment, including any automatic or self-regeneratingwater softener unit, the operation of which may result in the discharge of saline waste into the sewerage facilities, or the discharge of such wastes that might pollute any surface or underground stream, watercourse, lake or body of water, including any underground, natural or artificial storage reservoir, or which might impair or contribute to the impairment of the usefulness of such waters for human or animal consumption, or domestic, agricultural, industrial, or recreational purposes or for any other useful purpose. B. Self-regenerating water softener units which are found discharging to the City sewer shall be removed on demand of the City Engineer. Should any such installation not be removed on demand of the City Engineer, the City may remove such installation at the expense of the customer or take action to disconnect the premise in accordance with this Title. 18.04.150 Septic Tanks. (See Municipal Code Section 11.04.020, subsections N and O) 18.04.160 Violation -- Penalty. For the failure to comply with all or any part of this Title, any ordinance, resolution or order of the City pertaining to the delivery of public sewer services, in addition to any other penalty or remedy provide by law, the City may discontinue sewer service in accordance with an order of court. Any person violating any of the provisions of this Title is liable to the City for any expense, loss or damage, and for any increase in the cost of maintenance or repair, occasioned by the City as a result of such violation. CHAPTER 18.08 SEWER CONNECTION FEES AND SEWER SERVICE CHARGES 18.08.010 Application for Sewer Connections and/or Monthly Sewer Service --Applicant Responsibilities (Ord. 95-16). A. Applications. Applications for sewer connections and/or sewer service shall be submitted at the Engineering Services Department counter at the Civic Center on prescribed forms provided by the City. B. Compliance of Applicant. Application approved for sewer service and/or sewer connections will signify the applicant's willingness and intention to comply with ali ordinances and regulations relating to sewer service and/or connections and to make payment for such sewer service fees, connection/capacity fees, sewer construction permit deposits, and inspection fees, as well as other pertinent contingent fees set forth by resolution and by other applicable rules and regulations. (Ord. 97-04). 18.08.020 Sewer Connection/Capacity Fees A. The sewer connection/capacity fee shall be set by ordinance. (See H/S § 5474) (Ord. 97-04). B. Connection/capacity fees and inspection fees are due and payable at the time of application for a Wastewater Discharge Permit. The number of equivalent dwelling units shall be used to compute the amount of the connection fee. (Ord. 97-04). C. If the proposed connection cannot be made, the fee will be refunded when approved by the City Engineer. 18.08.025 EquivalentDwelling Unit Determinatiom (Ord. 98-10). A. RESIDENTIAL. The number of equivalent dwelling units (EDU) assigned to each structure is determined as follows: 1. Single Family Residence, 1.0 EDU per each individual dwelling unit, per lot (Includes manufactured homes, and mobile homes which are on private lots). 2. Residential condominiums 1.0 EDU per each individual living unit. 3. All apartments and accessory units, 0.8 EDU regardless of number of bedrooms, per each individual living unit on the same lot. (Ord. 97-11) 4. Mobile Home and Trailer Parks, per each individual space. * 0.5 EDU a. Mobile Home 0.5 EDU b. Trailer Space 0.5 EDU c. RecreationalVehicle Park, 0.5 EDU occupied or not · Any accessory facilities such as laundry, dining, recreational area, residence, etc., shall be considered separately in addition to trailer spaces, as per this ordinance. B. COMMERCIAL/INDUSTRIAL/SCHOOLFACILITIES. 1. Food Service Establishments. a. Take-out restaurants with disposable 3.0 EDU utensils, no dishwasher, and no public restrooms. b. Miscellaneous food establishments: 3.0 EDU ice-cream/yogurt shops, bakeries, or equivalent (sales on premise only). c. i. Take-out/eat-in restaurants ~vith 3.0 EDU disposable utensils, but with minimum seating and public restrooms. ii. Restaurants with re-usable 3.0 EDU utensils, seating and public minimum restrooms, includes cocktail bars. One EDU is assigned for each 6-seatunit as follows: 1-18 seats = 3.0 EDU (minimum); Each additional 6-seat unit will be assigned 1.0 EDU. The number of seats will be equal to eighty percent of the maximum occupant load for the eating area as def'med by the current Uniform Building Code. 2. Hotels and Motels. * a. Per living unit without kitchen 0.38 EDU b. Per living unit with kitchen 0.60 EDU · Any accessory facilities such as laundry, dining, recreational area, residence, etc., shall be considered separately in addition to living units, as per this ordinance. 3. Commercial, Professional, Industrial Buildings, to include Markets, Recreational Facilities, Full-Service Laundries/Dry Cleaners, Mortuaries, and all variations thereof, and Establishments not Specifically Listed Herein. a. Any office, store, motor-vehiclewash, or industrial condominium or establishment. i. First 1,000 square feet 1.2 EDU ii. Each additional 1,000 square feet 0.7 EDU or portion thereof b. Where occupancy type or usage is unknown at the time of application for service, the followingEDU's shah apply. This shall include, but not be limited to shopping centers, industrial parks, and professional office buildings. i. First 1,000 square feet of gross 1.2 EDU building floor area ii. Each additional 1,000 square feet 0.7 EDU of gross building floor area. Portions less than 1,000 square feet will be prorated. 4. Self-service Laundry, Per Washer. 1.0 EDU 5. Churches, theaters, and auditoriums per 1.5 EDU each 150 person seating capacity, or fraction thereof. (Does not include office spaces, school rooms, day care facilities, food preparations areas, etc. Additional EDU's will be assigned for these supplementary uses.) 6. Schools, to include day-care centers, boarding schools, or other combined youth educational, recreational and residential facilities. a. Elementary Schools, 1.0 EDU for 50 pupils or fewer b. Junior High Schools, 1.0 EDU for 40 pupils or fewer c. High Schools, 1.0 EDU for 24 pupils or fewer. Additional EDU's shall be prorated based on above values. The number of pupils shall be based on the average daily attendance of pupils at the school during the preceding fiscal year, computed in accordance with the education code of the State of California. However, where the school has had no attendance during the preceding fiscal year, the City Engineer shall estimate the average daily attendance for the fiscal year for which the fee is to be paid and compute the fee based on such estimate. 7. Convalescent Homes. * a. Skilled nursing care facilities, 0.7 EDU/bed psychological hospitals, convalescent hospitals; licensed by the Department of Health. b. Community Care Facilities with 16 0.5 EDU/bed or more beds licensed by the State Department of Health. c. Small Community Care Facilities 0.5 EDU/bed with 7 to 15 beds licensed by the County Department of Social Services. d. Community Care Homes with six or 1.0 EDU fewer total residents, including resident staffand housekeepers (to be the same EDU as a single family residence). · Any accessory facilities such as laundry, dining, recreational area, residence, etc., shall be considered separately in addition to beds/residents, as per this ordinance. 8. Automobile Service Station. a. Four gasoline/diesel/naturalgas 2.0 EDU pumps or less b. More than four gasoline/diesel/ 3.0 EDU natural gas pumps c. Each floor drain connected to sewer 0.5 EDU 9. Warehouse or equivalent, per four 1.0 EDU fixture unit increment. 10. Other. In the case of commercial, industrial, and other establishments not included in Commercial/Industrial items (1) through (9) inclusive, or when the EDU's specified in items (1) through (9) are not representative of actual flow due to the number of employees or type of operation, the number of equivalent dwelling units shall be determined in each case by the City Engineer and shall be based upon the estimatedvolume and type ofwastewater discharge into the sewer. 18.08.030 Sewer Service Charges. A. The sewer service charges shall be set by ordinance. (See IUS § 5471) B. A sewer service charge is levied and charged upon each premise which discharges sewage that ultimately passes through the City's sewer system. (Ord. 98-10). C. The property owner of record shall be responsible for payment of the sewer service charge. Any agreement between landlords and tenants to the contrary will not relieve the landlord or record owner of the property of the responsibility for payment of the sewer service charges to the City. (Ord. 98-10). D. Sewer service charges may be collected either through the tax roll of the County of San Diego, on the property's water bill, or by issuing a manual bill for payment. The method utilized is determined by the Public Works Director or his designee. (Ord. 98-10). E. Payment of sewer service charges for new connections shall be paid at the time the Wastewater Discharge Permit is issued. If the permit is for an existing building the sewer service charges will be prorated for the fiscal year based upon the date the permit is issued. If the permit is for new construction or connection, then a time credit of four months shall be allowed when computing the amount of sewer service charges. This prorated amount shall be paid at the time the Wastewater Discharge Permit is issued. (Ord. 98-10). F. Provided, however, in the case of other businesses and establishments that have unusual character insofar as sewage is concerned, the rate shall be established in each case by the City Manager or his designee. The rate so established shall be fixed in consideration of the estimated or actual volume of flow and suspended solids (ss) and/or biological oxygen demand (BOD) content from such. (Ord. 98-10). G. The annual sewer service charges for all properties discharging sewage that passes through the City's sewer system, excluding schools, will be determined by applying the volume sewer charge per hundred cubic feet (HCF) for each customer classification to each parcel as determined by the water utility meter readings. The annual sewer service charges for schools shall be determined by applying the number of equivalent dwelling units (EDU) assigned per the average daily attendance of pupils at the school at the current rate set by ordinance. (Ord. 98- 10). H. The property owner of record at the time the annual sewer service charge is billed shall be responsible for the sewer service charge associated with the metered water use occurring during the time period in which it is recorded. (Ord. 98-10). 18.08.040 Sewer Service Outside City Limits. When it appears to be in the best interest of the City and the people thereof, the City Engineer may prepare an agreement for property situated outside the City to be permitted to connect to the sewer system. The agreement may state the terms of connection, special conditions and limitations, cost for service, annexation fees, connection/capacity fees, and other conditions of sewer service. (Ord. 98-10) 18.08.050 Refunds, Back Charges, and Changes in Use Resulting in Different Rates~ Sewer Service Charges and/or Connection/CapacityFees. (Ord. 97-04). A. Increased Rates. Whenever the use of any premises previously connected to the City system is changed so that there is a fee applicable to such premises increased from that which existed at time original application was made, there shall immediately become due, owing and payable to the City the increase in fees applicable. The charges imposed by this regulation shall become delinquent sixty days following the date it becomes due. B. Back Charges for Unpaid Sewer Service. The City Engineer is authorized to require back charges in the event that a property has been discharging into the sewer system without payment of sewer service charges. The back charges may be imposed up to four years in arrears. (Ord. 97-04). C. Refund/Reduction of Sewer Service Charges and/or Connection/Capacity Fees. The Public Works Director is authorized to allow refunds of annual sewer service charges and/or connection/capacity fees to non-discharging parcel owners and to property owners which have been over-charged for sewer service and/or connection/capacity fees. The Public Works Director is authorized to discontinue charging non-discharging parcels for sewer and to reduce the sewer service charge of over-charged parcels. Only those amounts which were over-charged will be refunded, and without accrued interest. Refunds shall be issued for up to four years in arrears during which thc property owner was over-charged for sewer service. (Ord. 98-10). 18.08.060 Exceptions. The Public Works Director or his designee shah have the power to grant exceptions and to establish policies for the granting of such exceptions from the established sewer service charges. Such exceptions shall only be granted when one or more of the following situations exist: (Ord. 98-10). A. Where the premises are not connected to the sewer system of thc City. B. When water is supplied to premises through a separate water meter and such water is used entirely for irrigation purposes. C. Where the city has entered into a separate service agreement. 18.08.070 Adjustment of Sewer Service Charges Authority. The Public Works Director or his designee shah have the power to adjust the annual sewer service charge when one or more of the following situations exist: (Ord. 98-10). A. When excessive water consumption is caused by unknown water pipe leaks and it is positively demonstrated to the satisfaction of the City that above-mentioned water consumption is not discharged into the sewer system. B. Where it can be positively demonstrated to the satisfaction of thc City that the percentage of return to sewer is less than the amount calculated for that customer classification due to a substantial portion of the water used for industrial, recreational, horticultural or agricultural purposes. C. When water is supplied to premises by more than one water meter and one or more of such additional water meters does not provide water which is discharged into the sewer system. D. When ownership of the parcel changes after the period during which the water meter readings are recorded and the amount of water used during that period is above the median annual water use for that customer classification. It must be positively demonstrated by the customer that the recorded amount is not representative of their actual consumption for the type of use. 18.08.080 Calculation of Annual Sewer Service Charge (Ord. 98-10) A. SINGLE FAMILY RESIDENTIALThe annual sewer service charge for single family residential customers shall be determined by applying the sewer charge per hundred cubic feet (HCF) to the adjusted annual water usage. For customers of the San Dieguito Water District, the service charge will be based on the two lowest bi-monthly water meter readings from December through May, multiplied by three to arrive at the annual water usage in HCF. For customers of the Olivenhain Municipal Water District, the service charge will be determined by combining monthly water meter readings from December through May to produce three bi- monthly readings. The service charge will be based on the lowest two readings multiplied by three to arrive at the annual water usage. The annual water usage is adjusted by applying a I~ok # percentage return to sewer to determine the adjusted annual water usage. The minimum and maximum charges established by ordinance will apply to all single family residential customers whose water utility meter readings fall under or over the established limits. B. MULTI-FAMILYRESIDENTIAL The annual sewer service charge for multi- family residential customers shah be determined in the same manner as for single-family residential customers. For multi-family residential customers with separate parcels sharing a single water utility meter, the annual total water usage shah be divided among the number of parcels served and applied to each parcel equally. The annual sewer service charge will be based on the adjusted annual water usage for the parcel. The minimum and maximum charges established by ordinance will apply on a per unit basis to all multi-family residential customers whose water utility meter readings fall under or over the established limits. C. NON-RESIDENTIAL The annual sewer service charge for non-residential customers shall be determined by applying the sewer charge per hundred cubic feet (HCF) to the adjusted annual water usage. The annual water usage is based on the prior twelve months metered water usage from May through April for the customer and is adjusted by applying a percentage return to sewer to determine the adjusted annual water usage. A minimum charge has been established for non-residential customers. D. When less than two full bi-monthly billing periods (four full monthly periods for customers of the Olivenhain Municipal Water Distric0 of metered water use is available from December through May for residential customers, the median annual water use for that customer classification, as set by ordinance, shall apply. E. When less than three full bi-monthly billing periods (six full monthly periods for customers of the Olivenhaln Municipal Water District) of metered water use is available for non- residential customers for the prior year, the median annual water use for that customer sub- classification, as set by ordinance, shah apply. When more than three full billing periods, but less than six full bi-monthly periods (twelve full monthly periods for customers of the Olivenhain Municipal Water District) of metered water use is available for non-residential customers for the prior year, the use shall be normalized to one year. F. When a single water meter serves more than one customer classification on a parcel, the highest strength classification will be used in determining the rate per hundred cubic feet of water usage. G. When no median annual water use exists for a non-residential sub-classification, the number of equivalent dwelling units assigned to the parcel for the purpose of determining the sewer connection/capacity fees shall be used, multiplied by the median annual sewer service charge for the single family residential customer sub-classification. H. When the non-residential sub-classification for a customer changes prior to the determination of the annual sewer service charge for the customer, the rate for the new sub- classification shall apply and the annual water usage for each customer sub-classification shall be used to determine the annual sewer service charge. 18.08.090 Challenge of Sewer Service Charge Determination (Ord. 98-10). A. Administrative Review. The property owner of record or his designee subject to the sewer service charge may apply in writing to the Public Works Director or his designee for an exception or adjustment as hereinabove provided in Sections 18.08.060 and 18.08.070; however, no rebate of fees upon such exception shall be allowed for any fees paid one year or more preceding the filing of such application. The applicant shall complete an official Application for Review of Annual Sewer Service Charge, supplied by the Public Works Department. The applicant shall furnish necessary factual data to' support such application. The Public Works Director or his designee shah review the application and approve or deny the application based on the information provided by the applicant. B. Appeal to City Manager. Upon denial or conditional approval by the Public Works Director or his designee, any applicant dissatisfied with such decision may appeal same to the City Manager. C. Appeal to City Council. Upon denial or conditional approval by the City Manager, any applicant dissatisfied with such decision may appeal same to the City Council. Such appeal must be filed in writing with the City Clerk within thirty (30) days after the notice of such decision. 18.08.100 Sub-Meters. If the property owner determines that it is in their best interest, a sub-meter may be used to demonstrate to the satisfaction of the City that the percentage of return to sewer is less than the amount calculated for that customer classification. (Ord. 98-10). A. Readings obtained from sub-meters installed for the purpose of measuring exclusively indoor or outdoor water use in HCF may be used by the City for the purpose of calculating the annual water usage if the following conditions are met: 1. An application requesting that the water readings from a sub-meter be considered in determining the annual sewer service charge be completed by the customer prior to the installafion of a new sub-meter. 2. The use of the sub-meter be pre-approved by the Public Works Director or his designee prior to installation. 3. The sub-meter be connected to a water line exclusively used for indoor or outdoor water use. 4. An annual service charge may be imposed by the respective water agency for the meter reading during which the usage is recorded. The above-mentioned charge shall be set by ordinance. B. A penalty will be imposed by the City for any sub-meter found to be tampered with, adjusted, or improperly installed to produce false readings. CHAPTER 18.12 SEWER CONSTRUCTION REIMBURSEMENT CONNECTION FEE 18.12.010 Purposa It is the purpose of this Chapter to allow a reimbursement connection fee at the time of connection when the sewer service has been made available by a private developer prior to the time that the City would have been able to make the sewer service available. The purpose of the reimbursement connection fee is to reimburse the person privately constructing the sewer main which is dedicated to thc public and offered to the City. (Ord. 95- 16) 18.12.020 Procedura A. The City and the developer may enter into a reimbursement agreement in which the developer agrees to dedicate the sewer main to the public and offer the main to the City. B. Upon acceptance of the sewer main by the City in accordance with Section 4742.3 of the Health and Safety Code, the City shall adopt an ordinance imposing a reimbursement connection fee for connections to that sewer main. The reimbursement connection fee shall be determined by the City Engineer and CiO?s administrative manual and shall provide funds to reimburse the developer for costs of the main which benefit other propcrty owners which connect to the main. The reimbursement connection fee shall include a 6% per annum simple interest charge to partially compensate developer for his financing costs. The developer shall not be reimbursed for his fair share of the project costs (that portion of the improvement costs that directly benefits his/her developmen0. The City shall return the collected reimbursement connection fees to the developer, less administration fees and any other costs or fees, in accordance with the terms of the reimbursement agreement. (Ord. 97-04) 18.12.030 Term of Agreement The period over which special connection fees are collected shall be 20years: 18.12.040 Reimbursement of Costs by Benefiting Property Owners Connectin~ When a sewer main extension has been installed and a reimbursement agreement amount has been approved by the City Council, any benefiting property owner, prior to connection to thc sewer main, who has not either himself or through his predecessor in interest contributed toward the cost of such installation, shall pay to the City, in addition to any sewer connection fees required by this Code or any other ordinance of the City, the reimbursement connection fee for such sewer main extension, at the rate provided for by ordinance of the City Council. (Ord. 97-04) The following sewer reimbursement ordinances have been approved bp the Cit~ Council: (/Vote: All references to "District" or "Cardif[Sanitation District" means City or Cit~ of Encinitus.) 18.12.100 William J. Ackerman Reimbursement Connection Fee (92-01). In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $7,750.00 plus 6% annual simple interest upon the effective date of Ordinance No. 92-01 (December 10, 1992), adopted by the Board of the District for premises connecting directly to the sewer line (CS079) as shown on plan attached as Exhibit A to the "Reimbursement Agreement Between William J. Ackerman and the Cardiff Sanitation District,' on file in the Office of the District Clerk. The agreement states that the District retains an administrative fee which is 5% of the gross reimbursement connection fee. This agreement expires on December 10, 2002. 18.12.120 Philip Bocganowski Reimbursement Connection Fee (89-03). In addition to anF other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $1,330.00 plus 6% annual simple interest computed from the effective date of Ordinance No. 89-03 (April 6. 1989). for premises connecting directly to the sewer line (PC1971) as shown on plan attached as Exhibit A to the "Reimbursement Agreetnent Between Philip Bocganowski and the Cardiff Sanitation District," on ['tie in the Office of the District Clerk. This agreement expires on April 6, 1999. 18.12.121 Raymond and Lilly Bosch and Mike and Katie Colton Reimbursement Connection Fee (96-01). In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $7,112. 71 plus 6% annuid simple interest computed from the effective date of Ordinance No. 96-01 (March 29, 1996), until paid for equivalent dwelling units connecting directly to the sewer [acilit~ known as CS183 located in Fortuna Ranch Road, generally west of Rancho Summit Drive and east of Akita Lane in Olivenhidn, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 20 Fears from the effective date of Cardiff sanitation district Ordinance No. 96-01. The agreement states that the District retains an administrative fee which is 5% of the gross reimbursement connection fee. This agreement expires on March 29, 2016. 18.12.122 Gar~ Bukamier Reimbursement Connection Fee (96-02). In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $16,723.56 plus 6% annual simple interest computed from the effective date of Ordinance No. 96-02 (January 17, 1997), until paid for equivalent dwelling units connecting individual laterid(s) directly to the sewer facility known as CS121 running easterly in Fortuna Ranch Road, thence northerly and thence easterly in Bukamada Lane in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 20 Fears from the effective date of Cardiff Sanitation District Ordinance No. 96-02. The agreement states that the District retains an administrative fee which is 5% of the gross reimbursement connection fee. This agreement expires on January 17, 2017. 18.12.140 (Reserved: C) 18.12.160 Du Vivier Company Reimbursement Connection Fee (86-58). In addition to any other fees for connections to sewer lines within tire District, there is established a reimbursement connection fee of $1,240.00 per primar~ benefiting acre and $620.00 for each secondarF benefiting acre that flows directly or indirectly through the sewer line (PC1846) plus 6% annual simple interest for premises connecting directly or indirectly to the sewer line as shown on plan attached as Exhibit "A" to the "Reimbursement Agreement Between Du Vivier Company and the Cardiff Sanitation District'; on file in the Office of the District Clerk. This agreement expires on January 16, 2007. 18.12.180 (Reserved: E) 1&12.200 (Reserved: F) 18.12.220 (Reserved: G) 18.12.240 (Reserved: H) Stephen and Karen Hoffman Reimbursement Connection Fee (98-03). In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement fee of $11,140.01 plus 6% annual simple interest computed from the effective date of Ordinance No. 98-03 (Jidv 24, 1998) until paid for equivalent dwelling units connecting directly to the sewer facilit~ known us CS193 Iocnt~d in Sereno View Lane, generally south of 9th Street and west of Rancho Santa Fe Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 10 years from the effective date of Cardiff Sanitation District Ordinance No. 98~03. This agreement expires on July 24, 2008. 18.12.260 (Reserved: I) 18.12.280 (Reserved: J) 18.12.300 (Reserved: K) 18.12.320 (Reserved: L) 18.12.340 Michael J. Mahon Reimbursement Connection Fee (91-04). In addition to anF other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $2,264.16 plus 6% annual simple interest upon the effective date of Ordinance No. 91-04 (October 10, 1991), adopted by the 'Board of the District for premises connecting directly to the sewer line (PC1989) as shown on plan attached as Exhibit A to the "Reimbursement Agreement between Michael J. Mahon and the CardiffSani!~t!~n District," on file in the Office of the District Clerk. The agreement states that the District retains an administrative fee which is 5% of the gross reimbursement connection fee. Thi~ agreement expires on October 10, 2001. 18.12.341 C. Samuel and Anne Marasco Reimbursement Connection Fee (99-01). In addition to any other fees for connections to sewer lines within the District, there iv established a reimbursement fee of $9,466.05 plus 6% annual simple interest computed from the effective date of Ordinance No. 99-01 (JulF 30, 1999) until paid for equivalent dwelling units connecting directl~ to the sewer facility known as CS073 located in Cole Ranch generally south of Lone Jack Road in Olivenhain, as more fulll~ set forth in the agreement flied in the Office of the District Clerk. This section shah have no further effect on and after 20 Fears from the effective date of Cardiff Sanitation District Ordinance No. 99-01. This agreement expires on JulF 30, 2019. 18.12.360 (Reserved: N) 18.12.380 Patrick O'Connor Reimbursement Connection Fee (89-02). In to anF other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $1,900.00 plus 6% annum simple interest computed from the effective date of Ordinance No. 89-02 (April 6, 1989), for premises connecting directly to the sewer line (PC1814) as shown on plan attached as Exhibit A to the "Reimbursement Agreement Between Patrick O'Connor and the Cardiff Sanitation District, ' on file in the Office of the District Clerk. This agreement expires on April 6, 1999. 18.12.381 Olivenhain Sewer Joint Venture (John Cover) Reimbursement Connection Fee (93-01). In addition to anF other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $4,012.00 plus 6% ann,_,~,t simple interest computed from the effective date of Ordinance No. 93-01 (Julg 9, 1993), for premises connecting directlF to the sewer line (PC1889, PC1906) as shown on plan attt~,.hed as Exhibit A to the "Reimbursement Agreement, on file in the Office of the District Clerk. The agreement states that the District retains an administrative fee which is 5% of the gross reimbursement connection fee. This agreement expires on Jult, 9, 2003. 18.12.400 (Reserved: P) 18.12.420 (Reserved: O) 18.12.440 Michael Rile~ Et Al Reimbursement Connection Fee (93-06). In addition to anF other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $3,966.00 plus 6% annual simple interest computed from the effective date of Ordinance No. 93-06 (FebruarF 11, 1994), until paid for equivalent dwelling units connecting directiF to the sewer facility know as CS025 running South in Rancho Santa Fe Road, thence westerlF in Whisper Wind Drive in Olivenhain, as more fullF set forth in the agreement filed in the Office of the District Clerk. This section shah have no further effect on and after 20 Fears from the effective date of Cardiff Sanitation District Ordinance No. 93-06 (this agreement expires on Februar~ 12, 2014). The agreement states that the District retains an administrative fee which is 5% of the gross reimbursement connection fee. 18.12.460 (Reserved: S) 18.12.480 Paul Trester Et A1 (9th Street Extension) Reimbursement Connection Fee (93-04). In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $2,460.00 plus 6% annual simple interest computed from August 4, 1983 until paid for equivalent dwelling units connectint, directly to the sewer facilit~ known as PC1614 running north in Cole Ranch Road thence westerly in Ninth Street in Olivenhain, as more fullv set forth in the agreement flied in the Office of the District Clerk. This section shah have no further effect on and after August 4, 2003. The agreement states that the District retains an administrative fee which is 5% of the gross reimbursement connection fee. 18.12.500 (Reserved: U) 18.12.520 (Reserved: IO 18.12.540 Ray }Fakeham Et A1 Reimbursement Connection Fee (93-03). In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $4,316.00 plus 6% annual simple interest computed from the effective date of Ordinance No. 93-03 (November 12, 1993), until paid for equivalent dwelling units connecting directiF to the sewer facilit~ known as CS108 running Y~est in Ninth Street, thence northwesterip in Sereno View Road in Olivenhain, as more full}~ set forth in the agreement flied in the Office of the District Clerk. This section shall have no further effect on and after 10 years from the effective date of Cardiff Sanitation District Ordinance No. 93-03 (this agreement expires on November 12, 2003). The agreement states that District retains an administrative fee which is 5% of the gross reimbursement connection 18.12.560 (Reserved: X) 18.12.580 (Reserved: Y) 18.12.600 (Reserved: Z) CHAPTER 18.16 SEWER CONSTRUCTION REQUIREMENTS 18.16.010 Purpose The purpose of this Chapter is to specify some of the City's requirements relating to sewer construction. (Ord. 95-16) 18.16.020 Sewer Utility Holes Must be Accessible by City Maintenance Vehicle-s. The developer shall be required to grade an access road to maintain any public sewers constructed within easements and may be required to dedicate additional access easements to maintain the public sewers. All of the sewer utility holes must be accessible by vehicle. In order to be accepted into thc City's publicly maintained sewer system, all new sewer mains shall be constructed only within maintained roadways that have all-weather surfacing. 18.16.030 Installation of Sewer Lateral Connections from Main to the Propert~ Lines are Requiredfor Unconnected Properties When a Sewer Main is Constructed When a sewer main is constructed as part of a public right of way improvementplan, the developer is required to install sewer lateral connections to the property liue for each developed, unconnected lot that couM be served by that sewer main. This is to limit the construction on newly improved public roadways. In addition, the developer is required to show the all lateral locations on the improvementplan installed by the developer. 18.16.040 Cost of Sewer Lateral Construction. The expense of construction, installation, replacement, and maintenance of the sewer laterals are solely the responsibility of the applicant. Sewer lateral work in the public right of way requires a City permit. 18.16.050 Separate Sewer Lateral~ Separate sewer laterals are required for each single family dwelling, and condominium. However, a separate sewer lateral is not required for an approved accessory unit to a single family dwelling, on the same lot. Every separate residential building or other building on one lot connected to the sewer main shall be separately and independently connected with the City sewer system. The exception to this rule, is the situation where there is a building in the rear of a lot without access to any other available sewer main. In this ease, it may be connected with the sewer of the building in the front of the same lot. All condominiums shall have separate connections, unless a homeowner's association is formed to manage and maintain the private sewer lateral. 18.16.060 Privately Owned Sewer Pumps. Private sewage discharge pumps may be permitted only if it can be determined that no other alternatives exists or that an unnecessary hardship is thereby created. Sewer pump proposals will require the applicants to have a civil engineer review the alternatives and submit their finds to the City Engineer for review. If the sewer pump is permited, the property owner will assume all liability and responsibility associated with the maintenance and operation of the sewage pump. 18.16.070 No Surface Water Connection Allowed to the Sewer System. No person shall make connection of roof downspouts, exterior foundation drains or other sources of surface runoff or groundwater to a building drain which in turn is connected directly or indirectly to a public sewer. 18.16.080 Excavations to be Properly Barricaded and Noticed- Ah excavations for building sewer installation shall be adequately guarded with barricades, lights, and signage so as to protect the public from hazard. Streets, sidewalks, parkways, sewer easements and other public property disturbed in the course of the work shall be restored in a timely manner, to the satisfaction of the City. 18.16.090 Sewer Utility Easement~ Sewer utility easements shall be obtained for all sewer main extensions, except for sewer mains to be located within a public street. Under no circumstances shall any structure be placed over or around any sewer main or extension, or within a City utility easement, unless an encroachment permit has been granted by the City Engineer. 18.16.100 Inspection. Inspection of aH sewer construction shall be made by personnel of the City or its authorized representative as deemed necessary by the City Engineer. Sewer construction shah include, but not be limited to sewers, pump stations, treatment plants, pretreatment facilities, food establishment facilities, or other facilities which discharge grease and oils that may cause blockages. Inspections may be made to determine that such facilities are being adequately maintained and operated and meet the provisions of this Code. Sewer facilities under construction shah be inspected periodically or as deemed necessary by the City Engineer to assure that construction conforms to the intent of the approved plans and specifications, City design standards and other applicable codes. No person shah bury or backfill new sewers or laterals until inspected by personnel of the City or its authorized representative. No person shall interfere with or delay entrance by an authorized City inspector attempting to inspect any sewer construction. 18.16.110 Responsibility for Damages to Sewers or Streets by Person Doing Work. Any person who shall do or cause to be done work provided for in this Chapter shall be liable for any damage to any sewer or to any public street or to any other public property. 18.16.120 Sewer Construction Permita A sewer construction permit must be issued before the material sewer connection can be made to the public sewer system. Prior to a sewer connection permit being issued the property must be within the jurisdiction of the City's sewer system, and the wastewater discharge permit fees paid, as well as ah other required sewer fees. In cases of sewer lateral installation in a new subdivision or on a public sewer main extension under construction, the issuance of wastewater discharge permits may be deferred until prior to issuance of any building permits. Right-of-way construction permits are required when sewer construction permits are issued for work in the public right-of-way. The cost of all soils and material testing, as well as the cost of any necessary special inspection, shah be directly borne by the applicant/developer. The applicant shah provide security guaranteeing proper completion of the work conforming to Section 23.36.130.D. of the City of Encinitas Municipal Code. A sewer construction permit shall be valid for a length of time not to exceed one year from the date of issuance. (Ord. 97-04) 18.16.125 Requirements and Standards - City Engineer authorigation The City Engineer may authorize exceptions to requirements and standards contained in this Chapter subsequent to issuing a finding of practicality and substantial consistency with the intent of this Code to the City Manager. The City Engineer may impose conditions on any said exception necessary to preserve the intent of this Code. '18.16.130 Sewer Lateral Cleanout Covers Required. Cieanout caps or plugs are required on all cleanouts installed on sewer laterals and on all access points to the lateral. The cleanout above-ground access points shall be closed and water tight. (UPC707.1) (Ord. 97-04) CHAPTER 18.20 COST RECOVERY FOR PROTECTIVE SEWER SERVICES 18.20.010 Purposa The purpose of this Chapter is to establish procedures for obtaining reimbursement from responsible persons for the expenses of any emergency response by the City to protect the public from sewage spills and other health and safety concerns related to sewage. (Ord. 95-16) 18.20.020 Sewage Spills are Unlawgut In accordance with the Health and Safety Code Section 4476, a person who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway, or road in common use or upon any public park or other public property, or upon any private property into or upon which the public is admitted by easement, license or otherwise is guilty of a misdemeanor. Section 1.08.030 of the City of Encinitas Municipal Code states that it is unlawful for any person to create, cause, commit or maintain a public nuisance within the City and that the violation of any regulatory provision of the City's Code constitutes a public nuisance. 18.20.030 ReimbursementsRequired. A person who acts negligently or in violation of the law and thereby requires the City to provide an emergency response to a danger posed by sewage and/or hazardous substances shall reimburse the City for the costs incurred. If the person does not immediately correct the cause and/or the resulting health and safety problem, then the City is hereby authorized to correct the problem situation at the person's expense. 18.20.040 Report. City personnel involved in an emergency response shall submit a report to the Public Works Director indicating: A. The costs incurred; B. The person or entity apparently responsible for reimbursing the City and the basis of the determination regarding responsibility. 18.20.050 Notice to Responsible Party. A. If it is reasonably likely that the party identified in thc report is responsible for reimbursing the City, the Public Works Director may submit a demand to the identified party. The Public Works Director is authorized to accept a reasonable offer of reimbursement. B. The Public Works Director may set the matter for administrative hearing by the City Council. Notice of the date set for hearing and the report shah be sent to the person or entity to be charged together with a copy of administrative hearing procedures contain in the Municipal Code. 18.20.060 Action by City Council. If the matter is referred to the City Council for administrative hearing, the City Council shall, by resolution: A. Confirm or disallow the charge, in full or in part; B. Determine the amount of the reimbursement owed by the party to the City; and C. Direct that the City commence collection proceedings against the party. CHAPTER 18.24 INDUSTRIAL WASTEWATER PRETREATMENT 18.24.010 Title. This Chapter shall be known as the "City of Encinitas Industrial Wastewater Pretreatment Ordinance." (Ord. 95-16) 18.24.020 Purpose. The purpose of this Chapter is to provide for the maximum beneficial public use of the City's wastewater system through adequate regulation of sewer construction, sewer use, and industrial wastewater discharge, to provide for equitable distribution of the City's costs, and to provide procedures for complying with wastewater discharge requirements placed upon the City by Encina Wastewater Authority, San Elijo Joint Powers Authority, and other regulatory bodies. 18.24.030 Scope. This Chapter shah be interpreted in accordance with the definitions set forth herein and the provisions of this Chapter shall apply to the direct or indirect discharge of all waste into the City's sewer system. This Chapter provides for the regulation of sewer construction in areas within the former Encinitas Sanitary District and Cardiff Sanitary Division boundaries, the quantity and quality of discharged wastes, the degree of wastewater pretreatment required, provision for fees and charges, the issuance of permits for industrial wastewater discharge, and the establishment of penalties for violation of the ordinance codified in this Chapter. 18.24.040 Adherence to Pretreatment Ordinance of Encina Wastewater Authority. The City of Encinitas is a member of the Encina Wastewater Authority and therefore has adopted the Encina Wastewater Authority's Pretreatment Ordinance. No user shall contribute or cause to be contributed, directly or indirectly, any such influent that is inconsistent with the Encina Wastewater Authority's Pretreatment Ordinance, on file in the Office of the City Clerk of the City of Encinitas, and any amendments thereto. In the event of any inconsistencies between regulations approved by Encina Wastewater Authority, the City Council and other regulations adopted by the City, the more restrictive regulations shah apply 18.24.045 Adherence to Pretreatment Sections of the Encinitas Municipal Code. No user shall contribute or cause to be contributed, directly or indirectly, any such influent that is inconsistentwith the Encinitas Municipal Code Sections on Pretreatment, on file in the Office of the City Clerk, and any amendments thereto. In the event of any inconsistencies between regulations approved by the City of Encinitas Municipal Code Sections on Pretreatment, and San Eiijo Joint Powers Authority, and other regulations adopted by the City, the more restrictive regulations shah apply. 18.24.050 Industrial Wastewater Discharge Permit Required. No person shall connect to or otherwise discharge, or cause to be discharged into the sewer system of the City, any industrial waste unless the City Engineer determines that such discharge meets the industrial waste discharge standards established by the rules or regulations adopted as herein provided, in which case no industrial waste permit shall be required. If the discharge does not meet the industrial waste discharge standards established by this Title, then an industrial waste discharge permit is required. 18.24.060 Issuance of Industrial Wastewater Discharge Permit Industrial wastewater permits :hah may be co-issued by the City and thc Encina Wastewater Authority or by the City andSan Elijo Joint Powers Authority, according to this Code and Encina Wastewater Authority or San Elijo Joint Powers Authori(y regulations. No person shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to sewerage facilities without first obtaining a permit for industrial wastewater discharge. The permit for industrial wastewater discharge may require pretreatment of industrialwaste before discharge, restriction of peak flow discharges, prohibition of discharge of certain waste components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs created by the waste discharge, and such other conditions as may be required to effectuate the purpose of this Chapter. No permit shah be issued to any person to discharge industrial waste into the sewer system of the City if such discharge will be a hazard or danger to the health or safety of any person or to the property of any person or if such discharge will result in a danger to thc capacity, construction, use or proper performance or utilization of the sewer system or be otherwise detrimental or injurious to such systems or either of them, and unless the applicant has complied with ah state, federal, and local laws and with all the provisions of this Code and with all applicable rules and regulations adopted as provide for in this Title. 18.24.070 Fees for Industrial Wastewater Discharge Permita Fees may be charged by the City for industrial wastewater discharge permits, for both the issuance of original permits and renewals. 18.24.080 Pretreatment Plans Required. In the event the City Engineer determines that pretreatment is required to make the waste acceptable, the applicant shah be so notified and shall submit suitable engineering plans and specifications showing in detail the proposed pretreatment facilities and pretreatment operational procedures which shah be included within and become a part of the original application. A permit shah not be issued until such plans, specifications and operational procedures have been reviewed and approved by the City Engineer. 18.24.090 Access for Monitoring When required by the City Engineer, the owner of any property served by a building sewer carrying industrial wastewater shall install monitoring and recording equipment, and a suitable control access hole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such access hole shall be readily accessible and safely located, and shah be constructed in accordance with plans by the City Engineer. The access hole shall be installed and maintained by the owner at the owner's expense. If no special access hole is available, the sampling location shall be determined by the City Engineer - which may be the nearest downstream utility hole from the point at which the building sewer is connected. 18.24.100 Self-monitoring and Reportin~ All industrial users shall be subject to self- monitoring and reporting requirements. The requirements for each applicable user shall be determined by the City Engineer and included in the user's discharge permit. 18.24.110 Public Access to Information. Information and data provided by an industrial user identifying the nature and frequency of a discharge shall be available to the pubfic without restriction. Any information or data which is submitted or which may be furnished by a user in connection with required periodic reports shall also be available to the public unless the user or other interested person specifically identifies and is able to demonstrate to the satisfaction of the City Engineer that the disclosure of such information or .a particular part thereof to the general public would divulge methods or processes entitled to protection as trade secrets. 18.24.120 Revisions to Permits~ The City Engineer shall be empowered to revise discharge permit requirements to comply with evolving federal, state, and local laws. Permit revisions or modifications shall not be inconsistent with applicable federal pretreatment standards. 18.24.130 Permit Expiration, Transference, Revocation or Suspension. Any permit issued in accordancewith the provisions of this Chapter shall be valid for a specified period, and is not transferable unless such permit is revoked or suspended as provided in this Title and in the rules and regulations adopted pursuant thereto. 18.24.140 Violation -- Disconnection of Facilities -- Reconnection Charge The City Engineer may revoke or suspend the permit issued to any person in the event of a violation by thc permittee of any provision of any applicable state, federal or local laws or this Chapter or of any of the rules and regulations adopted in the manner provided for herein. The City Engineer, in accordance with the law, may disconnect from the public sewer any connection to a sewer, main line sewer, or other facility which is constructed, connected or used without a permit, or constructed, connected or used contrary to any of the provisions of any applicable federal, state, or local law or this Chapter or the rules and regulations adopted as provided for in this Chapter. When a premises has been disconnected, it shall not be reconnected until the violation for which it was disconnected has ceased or been remedied and a reasonable charge for such disconnection and reconnection, as established by the City Engineer, has been paid. 18.24.150 Notice of Intention to Disconnect Premise~ The City Engineer shall give not less than five days notice of intention to disconnect the premises or to suspend or revoke a permit, stating the reasons therefore, and may grant a reasonable time for elimination of the violation; provided, however, that if the City Engineer determines that the danger is imminent and such action is necessary for the immediate protection of the health, safety or welfare of the persons or property or for the protection of the sewer system, any premises may be disconnected and service terminated concurrently with the giving of such notice. Notice shall be given to the occupant of the premises, if any, and to the record owner of the property as shown upon the last equalized assessment roll of the County of San Diego by United States mail, registered or certified, return receipt requested, or by posting such notice on the premises. 18.24.160 Enforcement The City Engineer is charged with the duty of enforcing the provisions of this Chapter and the rules and regulations adopted as provided in this Chapter. The City Engineer and the City/Encina Wastewater Authority's duly authorized agents and employees are authorized and shall be permitted to enter upon all properties at all reasonable times, and during operating hours of businesses for the purpose of inspection, observation, measurement, sampling, testing, or other reasons to assure the enforcement and proper application of all the provisions, rules and regulations as provide in this Chapter.