BOLINAS COMMUNITY PUBLIC UTILITY DISTRICT
ORDINANCE NO. 29 (Amended)
An ordinance of the Bolinas Community Public Utility District to provide
a comprehensive system of wastewater regulation and revenue to support construction
and operation of the wastewater disposal system.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE BOLINAS COMMUNITY PUBLIC
UTILITY DISTRICT AS FOLLOWS:
This Ordinance #29 rescinds all previous District Ordinances
setting forth usage regulations.
Section 1 : DEFINITIONS
a. Average dry weather flow (ADWF). The mean
daily volume of sewage during the period of time not influenced by rainfall.
b. BOD. Biochemical oxygen demand as determined
in accordance with standard analytical procedures and, unless otherwise noted,
exerted in a period of 5 days at 20 degrees Celsius.
c. District. The Bolinas Community Public
Utility District, of Bolinas, California (BCPUD).
d. COD. Chemical oxygen demand as determined
in accordance with standard analytical procedures.
e. Board of Directors. The legislative body
of the Bolinas Community Public Utility District.
f. Manager. The Manager for the Bolinas Community
Public Utility District, or his/her designated representative.
g. Contamination. An impairment of the quality
of the waters of the State by waste to a degree which creates a hazard to
the public health through poisoning or through the spread of disease.
h. Dissolved Solids. Residue upon evaporation
of water after filtration in accordance with standard analytical procedures.
Also termed total dissolved solids or TDS.
i. Engineer. The District Engineer of the
Bolinas Community Public Utility District, or other representative authorized
by the Board of Directors.
j. EPA. Federal Environmental Protection Agency.
k. Federal Water Pollution Control Act of 1972.
Public Law 92 500, officially entitled the "Federal Water Pollution Control
Act Amendments of 1972", and any amendments thereto, as well as guidelines,
limitations, and standards promulgated by the Environmental Protection Agency
pursuant to the Act.
l. Garbage. Putrescible animal or vegetable
refuse, or any part thereof, resulting from the preparation, storage, handling,
or consumption of foods.
m. Infiltration. Water entering the sewerage
system through the ground.
n. Inflow. Water entering a sewerage system
from surface drainage.
o. Mgd. Abbreviation for millions gallons
per day.
p. Natural Outlet. Any outlet into a watercourse,
ditch, pond, lake or other body or surface or groundwater.
q. Nonresidential User. Users whose premises
are primarily for commercial, or governmental or other nonresidential activity.
Incidental residential use is not precluded.
r. O&M. Operation and maintenance.
s. Peak Wet Weather Flow (PWWF). Peak rate
of flow occurring during or from the effects of precipitation.
t. Person. Any individual, firm, company,
association, society, partnership, corporation, organization, group or public
agency.
u. pH. The logarithm of the reciprocal of
the hydrogen-ion concentration in grams per liter of solution as measured
by standard analytical procedures.
v. Pollution. An alteration of the quality
of the waters of the State by waste to a degree which unreasonably affects
(1) such waters for beneficial use or (2) facilities which serve such beneficial
uses.
w. Premise. A parcel of real property, or
portion thereof, including any improvement thereon, which is determined by
the Engineer to be a single unit for the purposes of receiving, using, and
paying for sewerage service.
x. Pretreatment. The treatment or flow limitation
of industrial wastes prior to discharge to the District sewerage system.
y. Public Agency. The United States Government
or any department or agency thereof; the State of California or any department
or agency thereof; any city, county, town or any department or agencies thereof;
any school district; any other governmental or public district or entity;
or any other legal public district, entity or entities; or any combination
of the foregoing.
z. Residential User. Users whose premises
are primarily for residential purposes and have no significant producing
or processing activity of a commercial or industrial nature.
aa. Regional Water Quality Control Board.
The California Regional Water Quality Control Board, San Francisco Bay Region,
which has jurisdiction in the Bolinas area.
bb. Sewage. The water-borne wastes received
from human habitation and use of premises for residential, business and institutional
purposes.
cc. Sewer, Sanitary Sewer. A pipe or conduit
which carries sewage and to which storm, surface, and groundwaters are not
intentionally admitted. Unless otherwise qualified, the word "Sewer"
when used in this ordinance shall be taken to mean "Sanitary Sewer." A public
sewer is any sewer located within an easement or public right of way and
which is maintained by the Bolinas Community Public Utility District.
A building sewer or lateral service sewer or privately maintained collector
sewer is a sewer serving a specific building or property and is maintained
by the owner(s) thereof.
dd. Sewerage System. All works for collecting,
pumping, treating, disposing, storing and reclaiming sewage. The boundaries
of the Bolinas Community Public Utility District's sewerage system is defined
by the boundary map included as attachment A, and is as fully a part hereof
as if herein set out in full, and if not attached hereto, the same as if
hereto attached.
ee. Sludge. Any discharge of water or sewage
which in concentration of any given constituent or in quantity of flow exceeds,
for any period longer than fifteen (15) minutes, more than five (5) times
the average twenty-four (24) hour concentration or flow rate during normal
operation.
ff. Standard Analytical Procedures. Procedures
contained in the latest editions of "Standard Methods for the Examination
of Water and Wastewater" (American Public Health Association), American Society
of Testing and Materials (ASTM) standard and tentative methods, and other
standard procedures appropriate to the conditions as set forth or approved
by the EPA.
gg. Suspended Solids (SS). Particulate matter
present in sewage and retained on a filter (Nonfilterable) in a standard
analytical procedure.
hh. User. Any person who is owner of record, lessee, sublessee, mortgagee
in possession, or responsible for property who contributes, causes, or permits
the contribution of wastewater into the District sewer or for processes which
contribute sewage to a District sewer.
ii. Water Quality Requirements. Requirements for District's treatment
plant effluent established by the Regional Water Quality Control Board
for the protection of receiving water quality. Water quality requirements
include effluent limitations and waste discharge standards, limitations,
or prohibitions which may be established or adopted from time to time by
State or Federal laws or regulatory agencies.
jj. Waste. Includes sewage and any and all
other waste substances, liquid, solid, gaseous, or radioactive associated
with human habitation, or of human or animal origin, or from any producing,
manufacturing, or procesing operation of whatever nature.
kk. Wastewater. Sewage, whether treated or
untreated, discharged into or permitted to enter a District sewer.
Section 2: SEWERS REQUIRED
a. It is unlawful to discharge any sewage, or other
polluted waters into any storm drain or natural outlet.
b. Private sewage disposal systems built after September
14, 1988, are not permitted within the limits of the District's sanitary
sewerage system. Attachment A defines the limits of the Bolinas Community
Public Utility District's sanitary sewerage system.
c. Discharge of waste from any premise within the
District onto land or to any natural outlet may be permitted only if the
discharge complies with all requirements of the Regional Water Quality Control
Board and of all other local, state and federal laws and regulations.
Section 3: CONSTRUCTION OF SEWERS AND SEWER CONNECTIONS
a. It is unlawful for any unauthorized person to
uncover, make any connection with or opening into, use, alter or disturb
any public sewer or appurtenances thereof without first obtaining a written
permit from the Manager.
b. All construction of public sanitary sewers, or
of lateral service connection sewers shall conform to the design criteria,
the standard plans and specifications and the inspection and testing for
sanitary sewers in accordance with current District standards as prescribed
by the Engineer and approved by the Board of Directors.
c. Connection of Surface or Subsurface Drains.
It is unlawful for any person to make connection of roof downspouts, areaway
drains, foundation drains, or other sources of surface runoff or groundwater
to a building sewer or lateral service sewer which in turn is connected directly
or indirectly to a public sanitary sewer.
Section 4: SEWER USERS
All users shall be classified for sewage collection and
disposal purposes in accordance with the governing activity conducted on
the premises, as determined by the Manager. The purpose of the classification
is to facilitate the regulation of sewer use based on character and quantity
of flow; to provide an effective means of source control of toxic substances;
and to provide a basis for sewer use charges to insure an equitable recovery
of capital and operating costs. User classifications are as follows:
a. Residential. Users whose premises are primarily
for residential purposes and have no significant producing or processing
activity of a commercial nature.
b. Nonresidential. Users whose premises are
primarily for commercial, governmental, or other nonresidential activity.
Incidental residential use is not precluded.
Section 5: AMOUNTS OF FEES AND CHARGES
The amounts and rate schedules for fees and charges authorized
hereunder shall be as determined by the Board of Directors and adopted by
resolution by the Board of Directors.
a. Installation Charges are authorized and charged
to recover construction costs and/or inspection costs of the physical connection
to the public sewer.
b. Connection Fees are authorized and charged to
recover prior and estimated future outlays by the District for providing
sewage collection and treatment capacity utilized to serve the premises.
c. Sewer Use Permit Fees are authorized and charged
for applications for Sewer Use Permits and to recover costs of administering
Sewer Use Permits.
d. Sewer Service Charges are authorized and charged
to recover the cost of operating and maintaining the District Sewer System.
Section 6: ESTABLISHMENT OF SEWER SERVICE CHARGES
The Board of Directors shall establish sewer service charges
and revisions when required so that the total revenue from the collection
of such charges is equal to the total cost of operating and maintaining the
District sewer system. The cost of operating the system shall include
the cost of providing reasonable reserves in accordance with standard public
utility bookkeeping practices and the cost of providing bond interest and
redemption as may be ordered by the Board of Directors with regard to any
bonds which District has issued or may issue for the sanitary sewer system
purposes. All rates and charges shall meet applicable State and Federal guidelines.
Section 7: BASIS OF SEWER SERVICE CHARGES
Sewer service charges shall be based on the guidelines
established by the State of California Water Resources Control Board.
a. Residential users shall be charged a flat rate
per month.
b. Charges for nonresidential users shall be based
on flow and strength factors as determined for each user by the Manager.
In no case shall nonresidential charges be less than residential charges.
Section 8: UTILITY ACCOUNTING
An accounting system shall be maintained in accordance
with generally accepted accounting principles. It shall be sufficient
in detail to demonstrate that collections and disbursements are made in compliance
with the intents and purposes of State and Federal regulations.
Section 9: DISPOSITION OF FUNDS
Disbursement of funds shall be for operation and maintenance
expense of the entire sewerage system, capital-related expense of the collection
system and other facilities exclusively serving the District service area,
legal expenses, and interest expenses.
Section 10: PAYMENT OF CHARGES AND DELINQUENT CHARGES
All sewer charges shall become due and payable on the
date of presentation thereof and shall become delinquent when the County
of Marin establishes such a delinquency. All properties which have
delinquent charges assessed to them are subject to the establishment of a
lien, or liens.
Section 11: SEWER SERVICE CHARGE LEVIED
A sewer service charge payable in the amount imposed within
this Title is hereby levied and assessed upon each lot, parcel of land, building
or premises connected to the sanitary sewerage system of the District or
otherwise discharging sewage into the sewer system of the District.
The charges so levied shall be collected under the direction of the Board
of Directors and shall be collected with the charge for water service rendered
by or for the District and all charges shall be separately stated and billed
upon the same bill and collected as one item.
Section 12: LIABILITY OF OWNERS FOR COLLECTION OF CHARGES
The District finds that the public health and welfare
of the people of the Bolinas Community Public Utility District is benefited
by a sanitary sewerage system. All owners are liable for the charges
prescribed by this chapter regardless of whether the owners use the service
herein provided.
Section 13: ADDITIONAL REMEDY
Sewer service, once established pursuant to application,
shall be terminated only for the reasons and in the manner set forth in BCPUD
Resolution No. 308. However, anyone using the District sewer other
than through an established sewer connection shall be subject to termination
of such use forthwith and without notice.
Section 14: PERMITS, GENERAL
The following permits are provided for in this chapter:
a. Connection Permit. A written authorization
by the Manager to make a specific connection to a public sewer.
b. Sewer Use Permit. A license for a residential
or non residential user to discharge wastewater into a public sewer.
Section 15: CONNECTION PERMIT
No connection to a public sewer shall be made until a
connection permit has been issued therefore by the Manager. The owner
of the premises to be served shall provide all information required by the
application form supplemented by any plans, specifications or other information
which in the judgment of the Manager is pertinent to the location and use
of the premises. Separate connections may be required for each building of
a single premise. All applicable connection fees shall be paid prior to issuance
of a connection permit in accordance with the then in effect District Ordinance
or Resolution establishing sewer connection fees.
The permit shall be validated upon final inspection and
acceptance of construction of the connection and, when required, upon the
application and issuance of a sewer use permit.
Section 16: SEWER USE PERMIT
A Sewer Use Permit is required for users as follows:
(a) Users whose premises are defined as residential under
Section One (1) shall not use the public sewer system without first obtaining
a Sewer Use Permit pursuant to this Ordinance, unless the residential users
premises were connected to the sewer prior to November 16, 1994;
(b) Users who convey waste by tank truck to a point of
direct entry into the sewer system shall not discharge waste to the public
sewer system without first obtaining a Sewer Use Permit pursuant to this
Ordinance;
(c) Users whose premises are defined as non-residential
under Section One (1) and who acquire or newly occupy premises after November
16, 1994, shall not use the public sewer system without first obtaining a
Sewer Use Permit pursuant to this Ordinance; or,
(d) Users whose premises are defined as non-residential
under Section One (1) and whose premises were connected to the sewer prior
to November 16, 1994, shall not use the public sewer system without first
filing an application for a Sewer Use Permit within 30 (thirty) days after
being requested by the Manager to do so.
Section 17: APPLICATION FOR SEWER USE PERMIT
Persons applying for a Sewer Use Permit shall complete
and file with the Manager an application form, accompanied by the applicable
fees. The application may require the following information: description
of activity, facilities, estimated wastewater strength; estimated wastewater
flow; average and peak wastewater discharge flow; water supply information;
and any other information the Manager shall deem necessary to evaluate the
permit application. The Manager shall maintain the privacy of all business
data and trade secrets supplied and identified as confidential matter by
the applicant.
The Manager will evaluate the data furnished by the applicant
and may require additional information. After evaluation and approval
of the date furnished, the Manager will determine the class of the user and
may issue a Residential or Non-residential Use Permit subject to conditions
and terms as provided herein.
Section 18: CONDITIONS ON SEWER USE PERMITS
Sewer Use Permits may contain prohibitions on discharge
of certain toxic substances as identified by Federal or State law and of
hazardous substances, and may contain other conditions as deemed appropriate
by the Manager to insure compliance with this ordinance and the permit.
a. Responsibility. It shall be the responsibility
of the property owner to perform all required maintenance and to keep the
building sewer in good condition as defined by this ordinance.
b. Required Maintenance. The building sewer
must be maintained to meet the following minimum requirements.
1. The building sewer shall be kept free from roots, grease
deposits, and other solids which may impede the flow or obstruct the transmission
of waste.
2. All joints shall be tight and all pipe shall be sound
to prevent exfiltration by waste or infiltration by ground water or storm
water.
3. The building sewer pipe shall be free of any structural
defects, cracks, breaks, or missing portions and the grade shall be uniform
without sags or offsets.
4. No area drains, foundation drains, basement drains,
roof leaders, sump pumps, and other direct connections that allow storm water
or ground water into the building sewer shall be allowed unless an exemption
is obtained from the Manager.
5. The building sewer shall have a two-way cleanout located
at the property line or at the sewer main easement. All cleanouts shall
be securely capped
with a proper cap at all times.
6. The building sewer shall be free
from breaks,openings, and rat holes.
The Manager shall determine testing and inspection methods
and criteria for evaluating building sewers to ensure compliance with the
above requirements.
d. Emergency Work. Nothing in this ordinance
shall prevent any responsible person from doing such work and making such
excavations as may be necessary for the preservation of life or property
when such necessity arises; provided, however, that the person doing such
work or excavations shall notify the District thereof as soon as is practicable.
e. Right of Entry. The Manager may enter,
inspect, and test any buildings, structures, or premises to secure compliance
or prevent violation of any portion of this ordinance. No premises
shall be entered until a reasonable notice is given to the owner or his agent
except to protect life or public safety.
f. Emergency Work. Whenever, in the opinion
of the Manager, the public health, safety, or welfare shall require that
repairs or protective measures to a building sewer be made or instituted
immediately, he is hereby authorized to proceed with all necessary work to
abate the condition and may enter upon private property for such purpose.
He may erect and maintain all necessary barricades, warning lights, and other
protective devices upon public or private property. He shall notify
the owner of the premises as the circumstances shall permit.
The owner of the property upon which the condition exists
and the person creating such condition shall be jointly and severally liable
to Bolinas Community Public Utility District for all costs incurred by it
in abating the emergency condition and erecting and maintaining said protective
devices.
g. Order to Abate. The Manager shall investigate
all dangerous and unsanitary conditions existing in or about building sewers
and shall periodically require that building sewers be tested. If such
a condition is a menace to life, health, safety, or property, or is in violation
of law, he shall, in writing, order the owner of the premises to discontinue
use of the sewer, or, to discontinue all construction work with respect to
the sewer, and to abate the condition in such manner as shall comply with
the law. Any stoppage in the building sewer or break in the watertight
integrity of the building sewer shall be conclusively presumed to be a menace
to life, health, safety, or property for purposes of requiring abatement
of such a condition.
h. Building Sewer Materials for Construction and
Repair. All materials used and all joints made in the construction
or repair of building sewers shall be watertight and free from defects.
No materials or construction procedures shall be used in the construction
or repair of a building sewer without the approval of the Manager.
i. Building Sewer Construction and Repair.
All building sewers shall be constructed and repaired in accordance with
the requirements designated by the Manager. All work shall be tested
by the property owner in the presence of the Manager or his designated representative
in a manner approved by the Manager.
j. Abandonment of Existing Building Sewers and Sewage
Disposal Facilities - Exception. An existing building sewer or its
connection which is to be abandoned shall be sealed with a permanent, watertight
plug at the connection to the public sewer in a manner satisfactory to the
Manager. All other openings of the abandoned building sewer including
plumbing connections, cleanouts, rat holes, etc., shall also be similarly
sealed.
Section 19: TERMS OF SEWER USE PERMITS
A Sewer Use Permit shall be of indefinite term subject
to the following conditions:
a. Change in user. A Sewer
Use Permit shall not be assigned or * transferred.
b. Change in use. Whenever the use of the
premises by the user, or the character of the discharge, changes materially
from that stated in the permit application, the user shall file an application
for a new permit within sixty (60) days.
c. Change of Permit Conditions. The District
may change the conditions of a Sewer Use Permit, including changing the limits
or constituency of wastewater strength from time to time, as circumstances
may require.
d. Tank Truck Discharges. A separate Sewer
Use Permit shall be required for each load of wastes conveyed to discharge
point by tank truck, unless conveyer thereof possesses a valid annual blanket
permit, or unless said load of wastes is conveyed to the discharge point
by a District-owned truck.
e. Temporary Suspension. A Sewer Use Permit
may be temporarily suspended by the Manager at any time if, in his opinion,
the continued discharge of the waste or water into the sewerage system would
substantially jeopardize the ability of the treatment system to meet water
quality requirements, or would cause an unsafe condition. In lieu of temporary
suspension of permits, the Manager may impose such temporary restrictions,
conditions, or limitations upon the quantities, qualities, and rates of discharge
made thereunder as he deems necessary to assure that said receiving water
quality requirements will not be violated by the sewage discharged by the
District System, or to alleviate the unsafe condition. Notice of the
temporary suspension or the imposition of temporary restrictions, conditions,
or limitations shall be given in writing by the Manager to the permittee.
Personal delivery of said notice to the permittee's place of business within
the District or deposit in the U.S. Mail, first class postage prepaid, shall
constitute delivery of notice to permittee. Any discharger notified
of a suspension of his Sewer Use Permit shall immediately cease and desist
any and all discharges to the District's sewerage system.
f. Revocation. A Sewer Use Permit may be revoked
by the Manager for any of the following:
1. Failure of the permittee to comply with the conditions
of the permit.
2. Failure of the permittee to pay when due any
charges imposed as a condition of the issuance of a permit.
No permit shall be revoked by the Manager until he has
notified the permittee in writing of his intent to do so and has afforded
the permittee the opportunity to appear before the Board of Directors within
a reasonable period of time to show cause why the permit should not be revoked;
provided, however, a permit may be summarily revoked by the Manager without
prior notice to the permittee if, in the opinion of the Manager, the continuing
discharge would result in a violation of receiving water quality requirements
or unreasonable or irreparable damage to the District's sewers or sewage
disposal system.
g. Compliance. Unless directed otherwise on
the notice of revocation or suspension of permit, the permittee shall cease
discharging into the public sewer on the effective date of said revocation
or suspension, or shall conform with temporary restrictions, conditions,
or limitation on the effective date of such impositions.
Section 20: PERMISSIBLE DISCHARGES
Wastewater may be discharged into District sewers for
collection, treatment, and disposal by the District, provided that such wastes
do not contain substances prohibited or exceed limitations of wastewater
volume or strength, as set forth in this ordinance and, if applicable, in
a Sewer Use Permit; and further, provided that the user pays all applicable
District charges and is in compliance with all other terms of this Ordinance.
Section 21: GENERAL PROHIBITIONS
No person shall discharge, or cause to be discharged,
into a public sanitary sewer any stormwater, surface water, groundwater,
roof runoff, water from basement floor drains or subsurface drainage.
Section 22: PROHIBITED EFFECTS
It is unlawful for any person to discharge, or cause to
be discharged wastewater into a public sewer if it contains substances or
has characteristics which, either alone or by interaction with other wastewaters,
cause or threaten to cause:
a. Damage to the District sewer collection system
or interference with or impairment of the operation of maintenance of that
system.
b. Obstruction of flow in sewers.
c. Danger to life or safety of any person.
d. Damage to or interference with, or overloading,
of the interceptors, treatment or disposal system of processes.
e. Flammable or explosive conditions.
f. Wastewater, or any other by-products of the treatment
process, to be unsuitable for reclamation and reuse, or interference with
any processes for reclamation.
g. Noxious or malodorous gases or odors.
h. Conditions at or near District facilities which
violate any statue, or any rule, regulation, or ordinance of any public agency
or State or Federal regulatory body.
Section 23: PROHIBITED SUBSTANCES OF CHARACTERISTICS
It is unlawful for any person to discharge, or cause to
be discharged, to a District sewer the following:
a. Any waste or wastewater having a pH lower than
6.0, or greater than 9.5, or having any other corrosive property capable
of causing damage or hazard to structures, equipment, or personnel.
b. Garbage, except ground garbage from residential
and commercial premises where food is prepared and consumed. For the
purpose of the ordinance, ground garbage shall mean that it has been shredded
to such a degree that all particles will be carried freely under the flow
conditions normally prevailing in public sewers, with no particle greater
than 0.25 inch (6mm) in any dimension.
c. Any ashes, cinders, sand, mud, straw, leaves,
grass cuttings, metal, glass, ceramics, rags, feathers, tar, plastics, wood,
paunch manure, or any other solid or viscous substance capable of either
causing obstruction to the flow in sewers or interfering with the proper
sewerage system operation and/or maintenance.
d. Pesticides and toxic pollutants, including, but
not limited to, the following:
1. Aldrin, Dieldrin
2. Benzidine and its salts
3. DDD, DDE and DDT
4. Endrin
5. Cadmium and all cadmium compounds
6. Cyanide and all cyanide compounds
7. Mercury and all mercury compounds
8. Polychlorinated biphenyls
(PCBs)
9. Toxaphene
Section 24: REGULATED DISCHARGE CHARACTERISTICS
It is unlawful for any person to discharge or cause to
be discharged, to a District sewer any of the following without first obtaining
a Sewer Use Permit that specifically permits such waste discharge characteristics:
a. Discharge during a daily twenty-four (24) hour
period in excess of 5,000 gallons.
b. Volume of flow or concentration of wastes constituting
sludge as defined herein.
c. Commercial discharge which has a daily average
concentration of:
1. BOD in excess of 500 milligrams per liter; or
2. COD in excess
of 700 milligrams per liter; or
3. Suspended solids
in excess of 350 milligrams per liter.
4. Grease or other
hydrocarbons in excess of 50 milligrams per liter.
d. Waters or wastes with a pH lower
than 6.0 or higher than 9.5.
e. Discharges containing metal
pickling or etching wastes or plating solutions,
whether neutralized or not.
f. Hot wastes at temperatures exceeding 160
degrees (70 degrees Celsius) or exceeding 110 degrees Farenheit (43 degrees
Celsius) for any eight (8) hour period.
g. Materials which exert or cause in the sewerage
system:
1. Unusual concentrations either of inert suspended solids
(such as, but not limited to, soil solids, Fuller's earth,
lime slurries, and lime residues) or of dissolved inorganic solids (such
as, but not limited to, sodium chloride and
odium Sulfate) in excess of 750 milligrams
per liter.
2. Excessive discoloration (such as, but not limited to,
dye wastes and vegetable tanning solutions).
h. Discharges in such quantities or such qualities
that they are not amenable to treatment or reduction by wastewater treatment
processes employed, or are amenable to treatment only to such a degree that
the treatment plant effluent cannot meet water quality requirements.
Section 25: HOSPITAL WASTES
Hospitals, clinics, offices of medical doctors, and convalescent
homes:
a. May discharge, through a District approved grinder
installation with inlet size and design features suitable for its intended
use and so constructed that all particles pass through a maximum 3/8 inch
opening, wastes of the following categories:
1. Wet organic kitchen wastes from food preparation and
disposal but excluding all paper and plastic items.
2. Disposable hypodermic needles, syringes and associated
articles following their use.
3. Infectious wastes, defined as:
a. Laboratory and
surgical operating room wastes except as excluded in b.2 below.
b. Wastes from outpatient
areas and emergency rooms similar to those included in a. above.
c. 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 suspected
or diagnosed communicable disease.
b. Shall not discharge to the sewer by any means:
1. Solid wastes generated in the rooms of patients who
are not isolated because of a suspected or diagnosed communicable disease.
2. Wastes excluded by other provisions of this Title except
as specifically permitted in a. above.
3. All solid wastes not included in a. above.
Nothing in this Section shall be construed to limit the authority of the
Health Office of Marin County to define wastes as being infectious and, with
the occurrence of the Manager to require that they be discharged to the sewer.
Section 26: MANAGER'S RESPONSIBILITY
The Manager is charged with responsibility for the District
wastewater control program and the administration and enforcement of the
provisions of this ordinance. For the purpose of inspecting the facilities
for conformance with the provisions of this ordinance, he may enter upon
the premises of any person discharging or applying for permission to discharge
residential or nonresidential wastes into the sewer system of the District.
Such entry shall be during normal business hours or at other times by permission
of User or by warrant if necessary because of imminent hazard to health and
safety or persons or of damage to property.
Section 27: UNUSUAL CONDITIONS
Notwithstanding any provision of this ordinance to the
contrary, the Board of Directors and any person may enter into an agreement
where unusual conditions compel special terms and conditions and charges
for the interception, treatment and disposal of any waste necessary to meet
the purposes of this ordinance.
Section 28: UNMETERED WASTE FLOWS
Sewage flows from nonresidential discharges shall be determined
as follows:
a. For premises where no significant portion of
the water received from any source is consumed in the principal activity
of the User, or is removed from the premise by means other than the sewerage
system the volume of waste flow shall be equal to the total volume of water
used from all sources. Water received from each source shall be determined
by the registration shown in the corresponding water meter.
b. For premises where a portion of the water received
from any source does not flow into the sewerage system, either because of
the principal activity of the User or because of its removal by other means,
the volume of waste flow shall be equal to the volume of water used from
all sources less the volume of water removed by the User's activity.
Section 29: PRETREATMENT FACILITIES
Where required in the Waste Discharge Permit or by State
or Federal laws and regulations, the discharger shall provide, at his expense,
such preliminary treatment or controls as may be necessary to eliminate or
reduce the objectionable charactertistics, constituents, or quantities and
rates of discharge to conform to the maximum limitsj provided for in the
Permit.
Plans, specifications, design calculations, and any other
pertinent information related to proposed pretreatment facilities shall be
submitted for the approval of the Engineer. Construction of such facilities
shall not commence until said approval is obtained in writing, and use of
such facilities shall not commence until completed facilities are approved
in writing. Pretreatment facilities shall be continuously maintained
in satisfactory and effective operating condition to the satisfaction of
the Manager.
Section 30: INTERCEPTORS
Grease, oil, or sand interceptors shall be provided when,
in the opinion of the Manager, they are necessary for liquid wastes containing
grease in excessive amounts, or sand, flammable materials, or other harmful
ingredients.
All interceptors shall be of a type and capacity approved
by the Manager and shall be located so as to be readily and easily accessible
for inspection and cleaning. All grease, oil, and sand interceptors
shall be maintained in continuously efficient operation at all times.
Section 31 : DISCHARGE REPORTS FROM USER
The Manager may require waste reports, including, but
not limited to, questionnaires, technical reports, sampling reports, and
test analyses, and periodic reports of wastewater discharge. When the requested
report is not adequate in the judgment of the Manager, he may require the
User to supply such additional information as the Manager deems necessary.
Waste reports may include, but are not necessarily limited
to, nature of the process, volume and rates of wastewater flow, elements,
constituents, and characteristics of the wastewater, together with any information
required in the Sewer Use Permit.
When requested by the User who is providing the report,
or permit application, the portions of the document which might disclose
trade secrets or secret processes shall be kept confidential and shall not
be disclosed to unauthorized persons or to the public; provided, however,
that such portions of a report, or other document, shall be available for
use by the District or the State or any State or Federal agency in judicial
review or enforcement proceedings involving the discharger.
Section 32: MONITORING FACILITIES
a. The Manager may require, at the user’s expense, monitoring
facilities to allow inspection, sampling, and flow measurement of the building
sewer and/or internal drainage systems. The monitoring facility should
normally be situated on the user’s premises, but the Manager may, when such
a location would be impractical or cause undue hardship on the user, allow
the facility to be constructed in the public street or sidewalk area and
located so that it may not be obstructed by landscaping or parked vehicles.
b. There shall be ample room in or near such sampling manhole
or facility to allow accurate sampling and preparation of samples for analysis.
The facility, sampling and measuring equipment shall be maintained at all
times in a safe and proper operating condition at the expense of the user.
c. Whether constructed on public or private property, the
sampling and monitoring facilities shall be provided in accordance the District’s
requirements and all applicable local construction standards and specifications.
Construction shall be completed in 90 days following written notification
by the District, unless otherwise allowed.
Section 33: INSPECTION AND SAMPLING
The Manager may inspect the facilities of any user as to ascertain whether
any purposes of this Ordinance are being met and all requirements are being
complied with. Persons or occupants of premises where wastewater is
created or discharged shall allow the Manager ready access at all reasonable
times to all parts of the premises for the purpose of inspection or sampling
or in the performance of any of their duties. The Manager shall have
the right to set up on the user’s property such devices as are necessary
to conduct sampling or metering operations. Where a user has security
measures in force which would require proper identification and clearance
before entry into their premises, the user shall make necessary arrangements
with their security guards, so that upon presentation of suitable identification,
personnel from the District will be permitted to enter without delay for
the purpose of performing their specific responsibilities.
Section 34: CONDITIONS OF LATERALS AND SEWER CONNECTIONS
All persons shall be responsible for maintenance and repair of the sewer
lateral from the building to its interconnection with the District’s main.
All persons shall keep their sewer laterals, sewer connections and/or building
sewers in good order at their own expense and shall be liable for any damages
which may result from their failure to do so.
Section 35: APPROVAL OF PLANS FOR SEWERAGE CONSTRUCTION
No person, other than employees of the District or persons contracting to
do work for the District, shall construct or cause to be constructed, or
alter or cause to be altered, any public sewer, lateral sewer, house connection
or industrial connection, sewage pumping plant, pollution control plant,
grease interceptor, other sewerage facility within the District where existing
or proposed wastewater flows will discharge directly or indirectly to facilities
of the District without first obtaining approval of sewerage construction
plans from the District.
The applicant shall submit to the District for approval, construction plans
and such specifications and other details as required to describe fully the
proposed sewerage facility. The plans shall have been prepared under
the supervision of and shall be signed by an engineer of suitable training
registered in the State of California.
Plans for sewerage construction shall meet all design requirements of the
District.
An approval of plans for sewerage construction shall expire one year after
date of approval unless construction has been initiated.
Section 36: INSPECTION AT TIME OF REMODEL
a. Whenever a person applies for a building and/or use
permit for a remodel of an existing residential or non-residential facility
from the County of Marin involving one or more plumbing fixtures, the property
owner shall have the building sewer line tested for infiltration and inflow,
unless he or she presents satisfactory proof to the Manager that the private
lateral sewer line is less than 20 years old or has been repaired but not
completely replaced within the last 10 years.
b. In order to ensure compliance with this section,
the property owner shall obtain a Sewer Lateral Certificate from the Manager
for continued sewer service to an existing service in which there is a remodel
involving one or more plumbing fixtures and which requires a county building
or use permit.
Section 37: RULES FOR ENFORCEMENT
The Manager may adopt procedures and rules for the implementation and administration
of this ordinance, including, but not limited to:
a. Require the Discharger to Submit Schedule of Remedial or Preventive
Measures. When the Manager finds that a discharge of wastes is taking
place, or threatening to take place, that violates or will violate prohibitions
or limits prescribed by this ordinance, or other wastewater source control
requirements, or the provisions of a Sewer Use Permit, the Manager may require
the discharger to submit for his approval a detailed time schedule of specific
actions the discharger shall take to correct or prevent said violations of
requirements. Failure to adhere to the schedule as approved shall constitute
a public nuisance and the discharge or treatment discharge may be abated
as a public nuisance.
b. Order to Cease and Desist. When the Manager
finds that a discharge of wastes is taking place or threatening to take place
in violation of prohibitions or limits of this ordinance, or wastewater source
control requirements, or the provisions of a Sewer Use Permit, the Manager
may issue an order to cease and desist and may direct that those persons
not complying with such prohibitions, limits, requirements, or provisions
(1) comply forthwith; (2) comply in accordance with a time schedule set by
the Manager; or (3) in the event of a threatened violation take appropriate
remedial or preventative action.
c. Elimination of Surface or Subsurface Drainage.
When the owner of premises fails to comply with an order to cease and desist
the entrance of surface or subsurface drainage water from his premises to
the public sewer, the Manager shall have the right to enter the premises
and to block the flow of drainage water. The costs thereof shall become
a lien upon the premises.
d. Damage of Facilities and Processes. When
the discharge of wastes causes an obstruction, damage, or other impairment
to the sewerage facilities or treatment processes, the Manager will tabulate
the expenses incurred for the work required to clean or repair the facility
and correct the treatment process. Such expenses shall be added to
the discharger's bill. Thereafter, such expenses shall be collected
in the same manner, and User shall be liable to the same extent, or service
charges.
e. Termination of Service. Pursuant to its
Service Termination Procedures set forth by BCPUD Resolution 312, the District
may terminate or cause to be terminated the service to any User or may revoke
any sewer use permit if a violation of any provision of this Ordinance is
found to exist or threatens to cause a condition of contamination, pollution,
or nuisance, as defined in this Ordinance. This provision is in addition
to other statutes, rules or regulations authorizing termination of service
for delinquency of payment or for any other reason. Whenever a premise
has been disconnected from the District’s sewer system for a violation hereof,
reconnection of said premises shall be in accordance with District regulations.
Notwithstanding the District’s Service Termination Procedures set forth by
BCPUD Resolution 312, immediate termination of service may be caused by the
Manager on any premises if there is an immediate public nuisance. The Manager
may then, enter upon the premises without written notice to do such things
and expend such sums as may be necessary to abate such nuisance, hazard or
menace and the reasonable value of work done and the amounts expended in
so doing shall be charged against the person or owner of the property so
in violation.
Section 38: REQUEST FOR RULING
If any discharger or applicant for a permit disputes the interpretation or
application of this ordinance, he may request a ruling by the Manager, who
will set forth his determinations on the request.
Section 39: APPEAL
If the discharger or applicant for a permit is dissatisfied
with the determinations made by the Manager under the preceding section,
he may, within sixty (60) days after receipt of said ruling by the Manager,
appeal said ruling by giving written notice of the basis of his appeal to
the Board of Directors. The Board of Directors shall, within thirty
(30) days after receipt of said written notice of appeal, upon proper notice
hold a hearing to make a final determination of the issue submitted.
Hearings before the Board of Directors shall not be bound by formal rules
of evidence; however, in no event shall a decision be based solely on hearsay
evidence. Either party may be, but need not be, represented by an attorney.
Upon request of either party, written findings of fact and conclusion of
law will be prepared provided the request is made prior to commencement of
the hearing.
Section 40: PUBLIC NUISANCE
Discharges of wastewater in any manner in violation of
this ordinance or of any order issued by the Manager as authorized by this
ordinance, is hereby declared a public nuisance and shall be corrected or
abated as directed by the Manager.
Section 41: INJUNCTION
Whenever a discharge of wastewater is in violation of the provisions of this
ordinance or otherwise causes or threatens to cause a condition of contamination,
pollution or nuisance, the Bolinas Community Public Utility District may
petition the court of appropriate jurisdiction for the issuance of a preliminary
or permanent injunction or both, as may be appropriate in restraining the
continuance of such discharge.
Section 42: SEVERABILITY CLAUSE
If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be unconstitutional, such decision
shall not affect the remaining portions of this ordinance. The Board of Directors
declares that it would have passed this ordinance and each section, subsection,
sentence, clause, and phrase thereof irrespective of the fact that any one
or more of such provisions be declared unconstitutional.
Section 43: The District Clerk be, and is hereby, directed to
post this Ordinance for the period and in the manner required by the Public
Utility District Act.
PASSED AND ADOPTED at a regular meeting of the Board of Directors on this
16th day
of December, 2009.
AYES: Amoroso, Bender, Kimball, Siedman,
Smith
NOES:
ABSTAIN:
ABSENT:
_______Jack Siedman__________
President, Board of Directors
Attest:
____________Jennifer Blackman_______________
secretary
As amended by BCPUD Ordinance 39 (first reading on December 16, 2009 and
second reading on January 20, 2010).