Santa Clara City Zoning Code
TITLE 13
PUBLIC SERVICES
13.04.010: TITLE:
This title shall be known as the UTILITY BILLING ORDINANCE OF THE CITY OF SANTA CLARA, UTAH. (Ord. 1989-2 § 1: prior code § 14-410)
13.04.020: BILLING:
All charges for water, sewer, and electricity provided by the city shall be billed monthly on a combined statement (the "statement"), together with the charges for solid waste collection and storm water services which are included as an integral part of the statement. (Ord. 2004-10 § 2: Ord. 1989-2 § 1: prior code § 14-411)
13.04.030: DUE DATE:
All charges billed on the statement shall be due and payable on the due date provided on the statement. The due date shall be between fifteen (15) and twenty five (25) days after the statement is mailed. All payments received by the city shall be allocated among the charges on the statement according to procedures determined by the city recorder. These procedures shall be based on requirements of the city's debt obligations and limitations which may be inherent in the city's computer facilities. (Ord. 1989-2 § 1: prior code § 14-412)
13.04.040: LATE CHARGE:
A late charge of ten percent (10%) shall be assessed on all charges not paid on the due date thereof. The late charge shall be due and payable with all other unpaid charges. (Ord. 2004-10 § 2: Ord. 1989-2 § 1: prior code § 14-413)
13.04.050: DISCONNECT PROCEDURES:
In the event any customer fails to pay all billed charges on or before the due date, the customer shall be subject to the following disconnect procedures:
A. As soon as possible, but not earlier than five (5) days after the due date on the statement, the customer shall be notified in writing at the customer's last known address, that the customer's electrical and/or water service shall be disconnected if all delinquent charges for utility services and other related charges are not paid within five (5) days of the date the disconnect notice is delivered to the customer's residence. The customer shall be informed in said notice that he or she may request a review of the statement with a representative of the city if he or she feels that there is an error in the statement or if he or she disagrees with the statement for any other reason. The request for review of the statement should be made before the date stated for service to be terminated.
B. If all delinquent charges are not paid by the end of the five (5) day period stated on the termination notice and no request for a review of the statement has been made by the customer, electrical and/or water service shall be disconnected. (Ord. 98-08 § 2: Ord. 1989-2 § 1: prior code § 14-414)
13.04.060: DEPOSITS:
A. Any renter moving into a rented home or apartment shall deposit at the city office an amount to be set from time to time as a utility deposit before occupying the residence. A landlord may have this deposit waived by notifying the city in writing that he or she will assume responsibility for all unpaid utility charges when or if the renter moves leaving unpaid balances.
B. When a property owner or tenant who has not paid a utility deposit to the city has to have services terminated because of nonpayment, that owner or tenant shall pay all the unpaid charges plus the normal utility deposit, plus a twenty dollar ($20.00) reconnect fee, before services will be restored. (Ord. 1989-2 § 1: prior code § 14-415)
13.12.010: DEFINITIONS:
For purposes of this chapter, the following words or phrases shall have the following meanings.
AGREEMENT: | The Residential Waste Collection Agreement, dated September 1, 2020, between Washington County Special Service District No. 1 and Allied Waste Transportation, Inc., a Delaware corporation, d/b/a Republic Services of St. George, licensed to do business in the State of Utah, a copy of which is attached to Ordinance 2021-02 as Exhibit "A" and incorporated herein by this reference. |
AUTOMATED OR SEMI-AUTOMATED CONTAINER: | A waste receptacle approved by the District, with a capacity of sixty (60) to ninety four (94) gallons, equipped with a tight-fitting, permanently attached lid and wheels for easy movement, and specifically designed for automated and semi-automated pick up. |
BULKY WASTE: | Residential waste materials with lengths, weights or volumes greater than those allowed for automated containers, including but not limited to stoves, refrigerators, dryers, dishwashers, televisions, hot water tanks, washing machines, household furniture, four (4) or fewer tires, air conditioners, Christmas trees, bicycles, large toys, tree limbs of three feet (3') to six feet (6') in length and up to six inches (6") in diameter, and bags used for seasonal disposal of leaves. Bulky waste does not include automobiles, more than four (4) tires, motorcycles, boats, construction/demolition waste, large dead animals, hazardous waste, special waste and trees (other than Christmas trees) or limbs exceeding six feet (6') in length and six inches (6") in diameter, and other similar items. All items must be free of extraneous materials and shall be capable of being lifted into Republic's collection vehicle by two (2) men. A resident may not place more than three bulky waste items out for collection per call. |
CITY: | The City of Santa Clara. |
COMMERCIAL: | Shall mean or refer to property: A. Used primarily in connection with the supply of goods or professional services on a regular basis or in the regular course of business, and for which a business or other license is required by state law or local ordinance; and B. A hotel, motel, recreational vehicle rental park used for overnight or short-term rental of less than thirty (30) days, or an apartment complex of more than eight (8) units used for a rental term of more than thirty (30) days. |
COMMERCIAL HAULER: | Any person or entity who in the regular course of business or for a fee collects and disposes of commercial waste. |
COMMERCIAL WASTE: | Non-hazardous waste materials produced by businesses or resulting from normal activities on or use of commercial property or premises. |
CURBSIDE: | At or near any curb, sidewalk or other location immediately adjacent to any street, highway or road which is safely accessible to Republic's waste collection vehicles. |
DISTRICT: | Washington County Special Service District No. 1. |
DUMPSTER OR ROLL-OFF: | Any metal container with a volume of one and one-half (1.5) cubic yards or more, designed for storage of waste and to be compatible with collection equipment. |
HAZARDOUS WASTE: | A solid waste or combination of solid wastes, other than household waste, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed, and as further defined in R315-2-3 of the Utah Administrative Code. |
HOUSEHOLD WASTE: | Any waste material, including garbage, trash, and sanitary wastes in septic tanks, derived from households, including single-family and multiple-family residences, apartments, hotels and motels, bunk houses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. |
INFECTIOUS WASTE: | A solid waste that contains or may reasonably be expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by a susceptible host could result in an infectious disease. Infectious waste is included in household waste unless subject to regulation in accordance with R315-316(1) of the Utah Administrative Code. |
RECYCLABLES OR RECYCLABLE MATERIALS: | Any material or substance included in waste materials that can be put to beneficial re-use or sold in recognized markets for purposes other than disposal, including, without limitation, uncontaminated, non-hazardous corrugated cardboard, white paper, newsprint and other paper; plastics and plastic film; ferrous and non-ferrous metals; and glass or such other items as may be specified from time to time. |
REPUBLIC OR REPUBLIC SERVICES: | Allied Waste Transportation, Inc., a Delaware corporation, d/b/a Republic Services of St. George, licensed to do business in the State of Utah. |
RESIDENCE OR RESIDENTIAL: | The use of property or premises containing a structure which is hooked to culinary water and power and is intended or used for human habitation, including but not limited to: A. Single homes; B. Mobile homes; C. Town homes; D. Condominiums; E. Short-term vacation rentals (VRBO's) of less than thirty (30) days; F. Apartments not contained in or as part of an apartment complex of more than eight (8) units. Except as may be specified hereinafter, each residential unit or structure on property or premises classified as residential shall be considered a separate residence for purpose of billing and collection. |
RESIDENTIAL WASTE: | Household waste, bulky waste, and other non-hazardous waste produced by or resulting from the normal activities on or use of residential property or premises. Residential waste includes but is not limited to waste wood, wood products, tree trimmings, grass cuttings, dead plants, seeds, leaves, chips, shavings, saw-dust, printed matter, paper, pasteboard, plastic, aluminum cans, flattened cardboard boxes, wooden boxes, rags, loose straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible and waste pulp and other products such as are used for packaging or wrapping crockery and glass, cold ashes, cinders, floor sweepings, glass, mineral or metallic substances and any and all other waste materials not included in the definition of bulky waste, construction/demolition waste, dead animals, garbage or hazardous waste. Residential waste does not include special waste or stable matter as defined herein. |
SPECIAL WASTE: | Discarded solid waste that may require special handling or other solid waste that may pose a threat to public safety, human health, or the environment. Special waste includes: A. Ash; B. Automobile bodies; C. Infectious waste subject to regulation under R315-316(1) of the Utah Administrative Rules. D. Waste tires; E. Dead animals; F. Asbestos; G. Waste exempt from the hazardous waste regulations under R315-261-4; H. Very small quantity generator hazardous waste as defined by R315-260-10; I. Waste containing PCBs: J. Petroleum contaminated soils; K. Waste asphalt; L. Sludge; M. Stable matter. (Ord. 2021-02: Ord. 2020-18) |
13.12.020: USE OF WASHINGTON COUNTY LANDFILL:
All residential waste generated within the corporate limits of City shall be transported to and disposed of at the Washington County Landfill or such other waste disposal facility as may be approved by District. (Ord. 2021-02: Ord. 2020-18)
13.12.030: REQUIRED USE OF AUTOMATED/SEMI-AUTOMATED CONTAINERS:
Except for residential developments approved by City where density and lack of access by waste collection vehicles requires the use of dumpsters or roll offs as a means of residential waste collection, each residence or residential unit within the incorporated areas of City shall be required to utilize for residential waste collection service an automated/semi-automated container or containers which have been approved and delivered to the property by City or its authorized agent. (Ord. 2021-02: Ord. 2020-18)
13.12.040: RESIDENTIAL WASTE COLLECTION AND DISPOSAL SERVICES PROVIDED BY CITY:
City shall provide the following services to all residences within its corporate limits in accordance with the Agreement:
A. Basic Residential Waste Collection Service: Once a week curbside collection to all residences of residential waste placed in automated/semi-automated containers or in dumpsters or roll offs, along with collection of bulky waste; and
B. Collection Of Recyclable Materials: Every other week curbside collection of recyclable materials placed in recycling containers by residences participating in curbside residential recycling. (Ord. 2021-02: Ord. 2020-18)
13.12.050: MANDATORY USE OF SERVICE:
The use by all residences within the boundaries of City of the basic residential waste collection services described in subsection 13.12.040A is hereby declared to be mandatory; however, participation in curbside residential recycling as described in subsection 13.12.040B shall be determined in accordance with the opt out rules and guidelines specified in section 13.12.060. (Ord. 2021-02: Ord. 2020-18)
13.12.060: RECYCLING OPT OUT RULES AND GUIDELINES:
Participation in curbside recycling collection services shall be mandatory for any residential unit within the boundaries of City for which the election to opt out of such services is not made by the owner, or such other person designated in writing by the owner, on or before November 30, 2020, in accordance with the following opt out rules and guidelines:
A. The election to opt out shall be made by the owner of the residence, or by such other person designated in writing by the owner, or as otherwise approved by the City.
B. For purposes of these rules and guidelines, all City residences/residents who are not participants in curbside recycling collection services as of the effective date of this chapter shall be deemed to have opted out of receiving curbside recycling collection services.
C. Except as provided herein, all City residences/residents who do not opt out by November 30, 2020 shall be deemed to be included in the curbside recycling collection program for the term of the Agreement.
D. City residents/residences who opt out or who are deemed to have opted out on or before November 30, 2020, as determined by City, may opt in at any time but thereafter shall be included in the recycling program for the remaining term of the Agreement.
E. City residents/residences who opt out or who are deemed to have opted out on or before November 30, 2020, as determined by City, shall be entitled to continue such opt out status in the event they move to another or new residence within the boundaries of City.
F. New residents, i.e., people who move from outside of City to a residence within the boundaries of City, regardless of a prior election to opt out, shall be automatically included in the recycling program for the remainder of the term of the Agreement.
Notwithstanding the foregoing, upon written request from the owner or occupant of the residence, the City Council shall have authority to grant a variance to the above provisions based on a showing of undue hardship or other extraordinary circumstances. (Ord. 2021-02: Ord. 2020-18)
13.12.070: RESIDENTIAL WASTE COLLECTION PROCEDURES:
Except where the use of dumpsters or roll offs are authorized, residential waste shall be placed for collection in accordance with the following:
A. All residential waste shall be placed for collection in automated/semi-automated containers.
B. All residential waste shall be placed for collection by six o’clock (6:00) A.M. of the day scheduled for collection.
C. No hazardous waste, infectious waste or special waste shall be placed for collection in any automated/semi-automated container or any dumpster or roll-off.
D. Only recyclable materials, as determined from time to time by City, shall be placed for collection in recycling automated/semi-automated collection containers.
E. Automated/semi-automated containers shall be placed within three feet (3') of the curbside, blacktop or other roadway surface, with three feet (3') clearance on either side of the container from parked cars or other objects, and at other locations readily accessible to collection vehicles and personnel.
F. All empty waste containers shall be removed from the street as soon as reasonably practicable but not later than twenty four (24) hours after being emptied.
G. Bulky waste shall be placed at or near the curbside, blacktop or other roadway surface, or at other locations readily accessible to collection vehicles and personnel. (Ord. 2021-02: Ord. 2020-18)
13.12.080: ESTABLISHMENT OF RESIDENTIAL FEES:
There is hereby established a monthly residential waste collection and disposal fee for each residence or residential unit in City, which shall include the following amounts:
A. For basic residential waste collection service:
1. The amount to be paid to Republic in the amount of six dollars and ninety cents ($6.90) per month per residence, which shall be subject to an annual increase of two and one-half percent (2.5%); and
2. The amount to be paid to the District for administrative costs and expenses in the amount of four dollars and fifty five cents ($4.55) per month per residence, which shall be subject to an annual increase of ten cents ($0.10); and
3. Such amount as may be established from time to time by resolution of the City Council for administrative costs and expenses incurred by the City in billing and collection; and
B. For residences receiving curbside recycling collection services, the following additional amounts:
1. The amount to be paid to Republic in the amount of four dollars and ninety cents ($4.90) per month per residence, subject to an annual increase of two and one-half percent (2.5%); and
2. The amount of seventy five cents ($0.75) per month per residence for the cost of the recycling container. (Ord. 2021-02: Ord. 2020-18)
13.12.090: FEE FOR AVAILABILITY OF SERVICE:
The residential fee established hereby for basic collection service is for the availability of service provided by City through the District and its authorized agent, Republic, and said fee shall be due and owing when service is available, regardless of whether said service is actually utilized. (Ord. 2021-02: Ord. 2020-18)
13.12.100: MONTHLY BILLING:
Fees for residential waste collection and disposal services provided by City shall be paid on a monthly basis, and shall be included in any billing for other municipal services supplied by City, including water, power, sewer, etc. Payments for residential waste collection and disposal services not received on or before the twentieth day of the month following the month for which services were provided shall be deemed delinquent and shall thereafter bear interest at the rate of ten percent (10%) per annum until paid in full, and shall be subject to all collection practices or procedures as may be established from time to time by ordinance. (Ord. 2021-02: Ord. 2020-18)
13.12.110: COLLECTION OF COMMERCIAL WASTE:
Nothing in this chapter shall preclude the owner or lessee of any commercial property or premises from transporting his or her own commercial waste to the landfill or contracting for its removal with a commercial hauler properly licensed by District and authorized to conduct business within City. (Ord. 2021-02: Ord. 2020-18)
13.12.120: COMMERCIAL OR PRIVATE HAULERS:
No private or commercial hauler shall be allowed to collect or dispose of commercial solid waste generated by businesses or through the use of commercial property within City without having first obtained from District a license to operate as a private or commercial hauler. (Ord. 2021-02: Ord. 2020-18)
13.12.130: COLLECTION VEHICLES:
All trucks or other vehicles used by any private or commercial hauler to collect or transport solid waste within City shall:
A. Be maintained in a good mechanical condition;
B. Be equipped with fully enclosed sides and bottom and otherwise constructed as to prevent the contents of the vehicle from spilling or blowing while the vehicle is in motion;
C. Clearly bear on the outside of the body of the vehicle the name and telephone number of the hauler; and
D. Comply with all provisions of all applicable state or federal regulations or laws concerning the collection, transportation or disposal of solid waste. (Ord. 2021-02: Ord. 2020-18)
13.12.140: TRANSPORTATION OF WASTE:
All solid waste transported by any private or commercial hauler shall be contained, tied or enclosed in such a manner that leaking, spilling or blowing are prevented during transportation. (Ord. 2021-02: Ord. 2020-18)
13.20.010: WATER DEPARTMENT AND SYSTEM:
The water department of the city is created. It shall administer the operation and maintenance of the water system of the city. For purposes of this chapter, the "water system" of the city shall include both the culinary water system and the secondary irrigation water system of the city. (Ord. 2019-10 § 1: prior code § 14-110)
13.20.020: SUPERINTENDENT:
There is created the position of superintendent of the water department. (Prior code § 14-111)
13.20.030: DUTIES OF SUPERINTENDENT:
The superintendent of the water system shall manage and supervise the city water system pursuant to the provisions of this chapter and pursuant to resolutions, rules and regulations adopted by the city council from time to time prescribing his or her powers and duties and directing the manner and frequency with which he or she shall make reports to the mayor relating to the water system. All of the functions and activities of the superintendent shall be carried on under the direction of the mayor. (Prior code § 14-112)
13.20.040: APPLICATION FOR WATER CONNECTION:
Any person, other than a subdivider or developer seeking multiple connections, who desires or is required to secure a new connection to the city water system, shall file with the water department for each such connection a written and signed connection application in substantially the following form:
SANTA CLARA, UTAH
APPLICATION FOR WATER CONNECTION
TO THE CITY OF SANTA CLARA,
I hereby apply to the city of Santa Clara for permission to connect my premises at with the city of Santa Clara (select one) culinary water system, or secondary irrigation water system and hereby agree as follows:
1. (a) The city shall make the requested connection from its water main to and including the water meter and up to my property line or to the meter if the meter is installed within my property. I agree to pay the city the connection charges, special assessments, and fees as may be fixed by the city council by resolution or ordinance including a reservoir charge if so provided. If this application is for secondary irrigation water service, I also agree to transfer such water rights or water shares to the city as are required to service my property with secondary irrigation water, as may be required by ordinance.
Additionally, I agree to pay $ for inspection and overhead charges and other miscellaneous costs of the city as may be fixed by the city council by resolution or ordinance.
The work of extending the water connection from the point to which the city installs it to the place at which the water is to be used shall be my responsibility and shall be performed at my sole cost.
(b) The connection so made by the city, including the meter, shall remain the property of the city at all times, and the city shall have access thereto at all times.
2. The location of the meter, whether on my premises or at some point near my premises, may be decided solely by the city.
3. Before making connection with the water system, I shall cause the plumbing upon my premises to be inspected by the city and if the plumbing is not approved, I will cause the plumbing to be rectified at my own expense to meet the requirements of the city or of any other governmental agency having jurisdiction to regulate the water system within the city.
4. I will be bound by the rules, regulations, resolutions or ordinances enacted now or hereafter by the city applicable to the city's water system.
5. The purpose for which the water connection will be used is .
6. The city shall have free access to the lines and meters installed under this agreement and, at reasonable times, through my property if necessary.
Dated this day of , 19 .
(Applicant)
(Ord. 2019-10 § 1: prior code § 14-113)
13.20.050: APPLICATION FOR WATER CONNECTION BY SUBDIVIDER:
Whenever a subdivider or developer desires or is required to install water connections and extensions for a subdivision or development, the subdivider or developer shall enter into a written extension agreement which shall constitute an application for permission to make the extensions and connections and an agreement specifying the terms and conditions under which the water extensions and connections shall be made and the payments that shall be required. (Prior code § 14-114)
13.20.060: APPLICATION FOR WATER SERVICE:
Any person who desires or is required to secure water service when such service is available from the city water system shall file a written request for the service on an application form provided by the city. (Ord. 98-08 § 2: prior code § 14-115)
13.20.070: NONOWNER APPLICANTS; AGREEMENT OF OWNER:
Applications for water service made by the tenant of an owner must in addition to the above requirements be guaranteed by an agreement signed by the owner of the premises or his or her duly authorized agent in substantially the following form:
In consideration of the acceptance of the application for water service submitted by (tenant) , I or we will pay for all water services for any such tenant or any other occupant of premises in case such tenant or occupant shall fail to pay for the same according to the ordinances, rules regulations or resolutions enacted by the city.
Dated this day of , 19 .
(Owner)
(Prior code § 14-116)
13.20.080: RATES AND CONNECTION FEES:
There shall be one schedule of rates, fees, and charges for culinary water use, and one schedule of rates, fees, and charges for secondary irrigation water use (not including any special assessment for water acquisition as may be established by ordinance). The rates, penalty fee for delinquency in payment, connection fee, reservoir fee, inspection fee and other charges incidental to connection and services from the city water system shall be fixed from time to time by resolution enacted by the city council. The city council may from time to time promulgate rules for levying, billing, guaranteeing and collecting charges for water services and all other rules necessary for the management and control of the water system. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established. (Ord. 2019-10 § 1: prior code § 14-117)
13.20.090: SPECIAL RATES:
The city council may from time to time fix by agreement or resolution special rates and conditions for users using exceptionally large amounts of water service or making use of the water system under exceptional circumstances, upon such terms and conditions as they may deem proper. (Prior code § 14-118)
13.20.100: BOARD OF EQUALIZATION, RATES AND REBATES:
The city council is constituted a board of equalization of water rates to hear complaints and make corrections of any assessments deemed to be illegal, unequal, or unjust. They may, if they see fit, rebate all or any part of the water bill of any indigent person. (Prior code § 14-119)
13.20.110: USE WITHOUT PAYMENT PROHIBITED:
It is unlawful for any person by himself, herself, family, servants, or agents to utilize the city water or sewer system without paying therefor, as herein provided or, without authority, to open any fire hydrant, stopcock, valve, or other fixtures attached to the system of water supply unless it is done pursuant to proper application, agreement, or resolution. It is unlawful to injure, deface, or impair any part or appurtenance of the water or sewer system, or to cast anything into any reservoir or tank belonging to the water system. (Prior code § 14-120)
13.20.120: TURNING ON WATER AFTER BEING TURNED OFF PROHIBITED:
It is unlawful for any person, after the water has been turned off from the premises for nonpayment of water charges or other violation of the ordinances, rules, regulations, or resolutions pertaining to the water supply, to turn on or allow the water to be turned on or used without authority from the superintendent or recorder. (Prior code § 14-122)
13.20.130: SEPARATE CONNECTIONS:
It is unlawful for two (2) or more families or service users to be supplied from the same service pipe, connection or water meter unless special permission for such combination usage has been granted by the city council and the premises served are owned by the same owner. In all such cases, a failure on the part of any one of the users to comply with this section, shall warrant a withholding of a supply of water through the service connections until compliance or payment has been made, and in any event, the property owner shall be primarily liable to the city for all water services utilized on all such premises. Nothing herein shall be deemed to preclude the power of the city to require separate pipes, connections, or meters at a subsequent time. Exceptions to the requirements of this section for service from the secondary irrigation water system may be granted by the superintendent where a single service pipe, connection or water meter was already installed or established prior to the city's establishment of its secondary irrigation water system in August 2019. For example, and only as an example, the superintendent may permit two (2) or more families or service users to be supplied from the same service pipe, connection or water meter if the same were already installed as part of a private irrigation company system prior to August 2019, and thereafter that system or part of a system was dedicated to the city and accepted by the city as part of its own secondary irrigation water system. (Ord. 2019-10 § 1: prior code § 14-123)
13.20.140: UNAUTHORIZED USERS:
It is unlawful for any water service user to permit any person from other premises or any unauthorized person to use or obtain water services regularly from his or her premises or water facilities, either outside or inside his or her premises. (Prior code § 14-124)
13.20.150: PIPES TO BE KEPT IN GOOD REPAIR:
All users of water services shall keep their service pipes and connections and other apparatus in good repair and protected from frost at their own expense. No person except under the direction of the water superintendent shall be allowed to dig into the street for the purpose of laying, removing or repairing any service pipe. (Prior code § 14-125)
13.20.160: QUALITY OF SERVICE PIPE:
A. All service and other pipe used in conjunction with the water services of the city shall be of such material, quality, and specifications as the city council may from time to time by resolution provide, and shall be installed at such distances below ground as may be specified by regulations relating to the water department. All work, alterations, or extensions affecting water pipes shall be subject to the acceptance of the water superintendent, and no connections with any water mains shall be made without first obtaining a permit therefor from the recorder.
B. No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises without permission from the water superintendent and subject to such requirements relating to controls as may be imposed by him or her. (Prior code § 14-126)
13.20.170: FAULTY EQUIPMENT:
It is unlawful for any water user to:
A. Waste water;
B. Allow it to be wasted by stops, taps, valves, leaky joints or pipes, or to allow tanks or watering troughs to leak or overflow;
C. Wastefully run water from hydrants, faucets, or stops or through basins, water closets, urinals, sinks or other apparatus;
D. Use the water for purposes other than for those which he or she has applied, or to use water in violation of the rules and regulations for controlling the water supply. (Prior code § 14-127)
13.20.180: SPRINKLING VEHICLES:
Vehicles for sprinkling shall be regulated and controlled by the water department through the superintendent of the water department. (Prior code § 14-128)
13.20.190: DEPARTMENT TO HAVE FREE ACCESS:
The water superintendent and his or her agents shall at all ordinary hours have free access to any place supplied with water services from the city system for the purpose of examining the apparatus and ascertaining the amount of water service being used and the manner of its use. (Prior code § 14-129)
13.20.200: NONLIABILITY FOR DAMAGES:
The city shall not be liable for any damage to a water service user by reason of stoppage or interruption of his or her water supply service caused by fires, scarcity of water, accidents to the water system or its mains, or which occurs as the result of maintenance and extension operations, or from any other unavoidable cause. This section shall not be construed to extend the liability of the city beyond that provided in the governmental immunity act. (Prior code § 14-130)
13.20.210: WATER NOT SUPPLIED FOR MOTORS, SYPHONS, ETC.:
No water shall be supplied from the pipes of the city water system for the purpose of driving motor, syphon, turbine, or other wheels, or any hydraulic engines, or elevators, or for driving or propelling machinery of any kind whatsoever, nor shall any license be granted or issued for any such purpose except by special permission of the city council. (Prior code § 14-131)
13.20.220: SPRINKLERS:
A. It is unlawful for any person to use such number of outlets simultaneously or to use such sprinkler or combinations of sprinkler or outlets as will in the opinion of the city council materially affect the pressure or supply of water in the city water system or any part thereof, and the city council may from time to time, by resolution, specify combinations or numbers of outlets which may have such effect.
B. The city council shall, after determining that such improper use exists, notify the affected water user or the owner of the premises whereon such use occurs of such determination in writing, order such use discontinued and advise that such continued usage constitutes a violation of this part. (Prior code § 14-132)
13.20.230: SCARCITY OF WATER:
If a culinary water shortage or drought is expected, the city will implement the following 4-stage culinary water conservation management plan. The implementation will be under the approval and direction of the city council and city manager. The city staff (city department heads and city manager) shall meet on a regular basis to discuss the culinary water conditions and ensure all city departments are doing their part to comply, enforce and encourage the outlined water conservation measures. Nonessential water use refers to those uses not necessary to preserve the public health and sanitation and provide fire protection services.
A. Conservation Stages: The stages for culinary water conservation are as follows:
1. Stage 1: If total culinary supply (wells and springs) exceeds the total daily demand by less than three percent (3%) (i.e., water tanks cannot recover each day).
2. Stage 2: Total culinary demand exceeds supply by less than five percent (5%).
3. Stage 3: Total culinary water demand exceeds supply by five percent (5%) to ten percent (10%) or more.
4. Stage 4: Total culinary water demand exceeds supply by ten percent (10%).
B. Management Plan:
1. Stage 1: Voluntary restriction on nonessential water use:
Estimated reduction goal: Up to five percent (5%).
a. Procedure: Publish news release in local newspaper, on web site and have radio stations announce same.
2. Stage 2: Mandatory restrictions on nonessential water use:
Estimated reduction goal: Five percent (5%) to ten percent (10%) of peak use.
a. Procedure: By authority of the city manager and the city council, the following water conservation measures along with those of stage 1 will be implemented:
(1) Work with St. George City to ensure Snow Canyon Compact members are allocated their percentage allocation of the water being produced from Snow Canyon well system;
(2) All parks, schools or other areas having large grassed area such as the city cemetery currently on culinary water will be allowed to water at a reduced level of demand of ten percent (10%) reduction target;
(3) Residential and commercial users will be allowed to water outside areas based on odd/even concept between the hours of eight o'clock (8:00) P.M. and ten o'clock (10:00) A.M. (the address of the property, as is even or odd will determine the day of watering);
(4) The use of fire hydrants for purpose other than fire protection will not be allowed for use by municipal departments, contractors and all others;
(5) Water use for the following nonessential uses will not be allowed:
(A) Noncommercial washing of automobiles and trucks;
(B) The washing of streets, driveways, and sidewalks;
(C) The use of water to fill and top off swimming pools, hot tubs etc.;
(D) Use of water for ornamental fountains, waterfalls, or reflection pools will not be allowed if not previously filled. Adding additional water to the same will not be allowed.
b. Enforcement: If any person or entity violates these restrictions, it shall be considered a class B misdemeanor, or lessor offense at the discretion of the city.
3. Stage 3: Mandatory restriction on all culinary water uses:
Estimated reduction goal: Ten percent (10%) to twenty five percent (25%) of peak uses.
a. Procedure: By authority of the city manager and the city council, the following additional water conservation measures will be implemented along with those in stage 1 and stage 2:
(1) During this stage the approval of any new building permits and subdivision approvals will be delayed until the conservation restrictions are lifted.
b. Enforcement: If any person or entity violates these restrictions, it shall be considered a class B misdemeanor, or lessor offense at the discretion of the city.
4. Stage 4: Water rationing plan for all available culinary water resources:
Estimated reduction goal: Twenty five percent (25%) to sixty percent (60%) of peak use.
a. Procedure: By the authority of the city manager and city council, the following water rationing plan will be implemented:
(1) General: It is imperative that water customers within Santa Clara City and surrounding areas achieve an immediate and further reduction in the water use in order to extend existing water supplies and, at the same time, assure that sufficient water is available to preserve the public health and sanitation, and provide fire protection service.
The objective of this local water rationing plan is to effect an immediate twenty five (25) percentage reduction in water usage. Should drought conditions continue, further reductions in usage might be required. If it is necessary to implement further reductions, this plan will be modified to reduce the levels more. It is the city public service department's responsibility to continually monitor on hand quantities to determine if amendments are required.
The plan provides for equitable reductions in water usage on the part of each water customer. The success of this plan depends on the cooperation of all water customers.
No outdoor use of water except the watering of outdoor gardens, landscaped areas, trees, shrubs, and other outdoor plants, except by means of a bucket pail, or handheld hose equipped with an automatic shutoff nozzle. Such watering can only take place between the hours of eight o'clock (8:00) P.M. and ten o'clock (10:00) A.M.
(2) Prohibited Nonessential Water Uses: The following water uses are declared nonessential and will not be allowed within Santa Clara City along with those of stage 1, stage 2 and stage 3:
(A) The watering of lawns;
(B) The use of water for flushing sewers or hydrants by municipalities or any public or private individual or entity except as deemed necessary and approved in the interest of public health or safety by the city;
(C) The use of fire hydrants of the fire department for testing fire apparatus and for fire department drills, except as deemed necessary and approved in the interest of public health or safety by the city;
(D) No exporting of culinary water outside of city boundaries.
b. Enforcement: If any person or entity violates these restrictions, it shall be considered a class B misdemeanor lessor offense at the discretion of the city.
C. Exemptions Or Variance: If compliance with the nonessential use of water restrictions found in stages 2, 3 and/or 4 would result in extraordinary hardship upon a water user, the water user may apply for an exemption or variance. For purpose of this section, extraordinary hardship means a permanent damage to property or other personal or economic loss, which is substantially more severe than the sacrifice borne by other water users subject to the nonessential use of water restrictions.
A person or business entity believing he/she suffers an extraordinary hardship and desiring to be wholly or partially exempt from the restrictions on the nonessential use of water shall submit a written request with full documentation supporting the need for the requested relief to the city.
The application shall contain information specifying:
1. The nature of the hardship claimed and reasons for the requested exemption or variance.
2. The efforts taken by the applicant to conserve water and extent to which water use may be reduced by the applicant without extraordinary hardship.
The city shall advise the applicant of its decision regarding the application. Applicant will be invited to a hearing. An exemption or variance will be granted only to the extent necessary to relieve extraordinary hardship. Should variance be denied, an appeal can be made to the Santa Clara city council. Appeal will be heard during a regular or special meeting of city council. (Ord. 2002-08 § 1: prior code § 14-133)
13.20.240: WASTE OF WATER:
A. Users of water from the city water system shall not permit water to continue to run wastefully and without due efforts to conserve water. If, in the judgment of the water superintendent or of any of the officers of the city, a user of city water engages in practices which result in the needless waste of water and continues so to do after reasonable notice to discontinue wastefulness has been given, the superintendent or any officer may refer the matter to the city council.
B. The city council may thereupon consider terminating the right of the individual to use culinary and/or secondary water. If it elects to consider the matter of termination, it shall give notice to the water user of the intention to terminate his or her water connection at least five (5) days prior to the meeting of the city council at which termination of water service is to be considered. The notice shall inform him or her of the time and place of the meeting and of the charges which lead to the consideration of the termination.
C. A water user whose right to utilize city water is being reviewed shall have opportunity to appear with or without counsel and present his or her reasons why his or her water service should not be discontinued.
D. After due hearing, the city council may arrive at a determination. If the determination is to discontinue the water user's service connection, it shall notify him or her of the decision and of the period during which the service will remain discontinued. (Ord. 2019-10 § 1: prior code § 14-134)
13.20.250: WATER METERS:
A. Except as otherwise expressly permitted by this chapter, all structures, dwelling units, establishments and persons using water from the city water system must have such number of water meters connected to their water system as are necessary in the judgment of the superintendent to adequately measure use and determine water charges to the respective users.
B. Meters will be furnished by the city upon application for a connection, and upon payment of such connection fees and other costs as may be established by the city council from time to time by resolution.
C. Meters shall be deemed to be and remain the property of the city, whenever a dispute between superintendent and the property owner arises as to the appropriate number of meters to be installed on any premises, the matter shall be heard and determined by the city council after due notice in writing to the parties involved.
D. The superintendent shall cause meter readings to be taken regularly and shall advise the recorder thereof for the purpose of recording the necessary billings for water service.
E. Meters may be checked, inspected or adjusted at the discretion of the city, and they shall not be adjusted or tampered with by the customer. Meter boxes shall not be opened for the purpose of turning on or off the water except by an authorized representative of the city unless special permission is given by the city through its representatives to the customer to do so.
F. If a customer submits a written request to the superintendent to test his or her water meter, the city may, if under the circumstances it deems it advisable and in its discretion, order a test of the meter measuring the water delivered to such customer. If such request is made within twelve (12) months after the date of the last previous test, the customer may be required to pay the cost of such test. If the meter is found in such test to record from ninety seven percent (97%) to one hundred three percent (103%) of accuracy under methods of testing satisfactory to the city council, the meter shall be deemed to accurately measure the use of water.
G. If the city's meters fail to register at any time, the water delivered during the period of failure shall be estimated on the basis of previous consumption during a period which is not questioned. In the event a meter is found to be recording less than ninety seven percent (97%) or more than one hundred three percent (103%) of accuracy, the city shall make such adjustments in the customer's previous bills as are just and fair under the circumstances.
H. All damages or injury to the lines, meters or other materials of the city on or near the customer's premises caused by any act or neglect of the customer shall in the discretion of the city be repaired by and at the expense of the customer, and the customer shall pay all costs and expenses, including a reasonable attorney fee, which may arise or accrue to the city through its efforts to repair the damage to the lines, meters or to other equipment of the department or collect such costs from the customer. (Prior code § 14-135)
13.20.260: PERMITS FOR INSTALLATION:
It is unlawful for any person to lay, repair, alter or connect any water line to any city water system without first having received a construction permit from the office of the recorder or from the water superintendent. (Ord. 2019-10 § 1: prior code § 14-136)
13.20.270: APPLICATIONS FOR INSTALLATION PERMIT:
A. Applications for permits to make water connections or other alteration or for laying or repairing lines connected directly or indirectly to the city water system must be made in writing by a licensed plumber, his or her authorized agent, or by the owner of the premises who shall describe the nature or the work to be done for which the application is made.
The application shall be granted if the superintendent determines that:
1. The connection, repair, alteration or installation will cause no damage to the street in which the water main is laid, or that it will not be prejudicial to the interests of persons whose property has been or may thereafter be connected to the water main.
2. The connection conforms to the ordinances, regulations, specifications and standards of materials required by the city.
All connections, alterations or installations shall be to the line and grade designated by the water superintendent.
B. Fees for permits or for inspection services shall be of such amounts as the city council shall from time to time determine by resolution. (Prior code § 14-137)
13.20.280: MOVING OR REPLACEMENT OF WATER LINES:
In the event that the city in its sole discretion determines that any water line of the city must be moved or replaced, the city shall bear that portion of the cost of such move or replacement which applies to main lines up to the property line of the customer. The cost of reconnecting such new line or lines from the customer's water system(s) to his or her property line shall be borne by the customer. (Ord. 2019-10 § 1: prior code § 14-138)
13.20.290: WHEN PERMITS SHALL NOT BE ISSUED:
Permission to connect with the city water system shall not be given unless the plumbing in the customer's water system(s) to be connected meets the provisions of the building and plumbing codes of the city. (Ord. 2019-10 § 1: prior code § 14-139)
13.20.300: DISCONTINUANCE OF SERVICE:
Any customer desiring to discontinue service shall notify the city in writing of such fact at least ten (10) days before the date when such service shall be discontinued. On giving such written notice, the customer shall not be responsible for water bills incurred after the date specified in the notice. Any credit balance in favor of the customer as a result of an advance payment of bills or a deposit will be refunded upon discontinuance of service. (Prior code § 14-140)
13.20.310: FIRE HYDRANTS:
Water for fire hydrants will be furnished free of charge by the city. Installation and repairs on such hydrants shall be at the expense of the city and shall be made under the direction of the city. All customers shall grant the city, upon demand, a right of way or easement to install and maintain such hydrants on their premises if the city concludes that hydrants shall be so installed for the protection of the residents of the city. (Prior code § 14-141)
13.20.320: EXTENSION OF WATER MAINS WITHIN THE CITY:
Any person or persons, including any subdivider, who desires to have the water mains extended within the city, and is willing to advance the whole expense of such extension and receive the return of an agreed portion thereof, as hereinafter provided, may make application to the city council by petition. The petition shall contain a description of such proposed extension accompanied by a map showing the location of the proposed extension together with an offer to advance the whole expense thereof, which cost shall be verified by the water superintendent. The city council may grant or deny the petition as in its discretion seems best for the welfare of existing water users in the city. (Prior code § 14-142)
13.20.330: COST OF EXTENSIONS DETERMINED:
Upon the receipt of such petition and map and before the petition is granted, the city council shall obtain from the water superintendent a certified statement showing the whole cost of expense of making such extension. (Prior code § 14-143)
13.20.340: AMOUNT OF COST TO BE DEPOSITED WITH RECORDER:
If the city council grants the petition, the amount of the cost of making the extension, as certified by the superintendent shall be deposited with the recorder before any work shall be done on such extension. The deposit shall be made within thirty (30) days, or such other time as the city council shall indicate, after the granting thereof. (Prior code § 14-144)
13.20.350: RETURN OF ANY MONEY; FORFEITURE:
A. At the time the city council decides whether or not to grant petition for an extension, it shall also decide whether or not any portion of the costs is to be refunded and the manner and circumstances under which such refund shall be made or credited to the applicant, his or her successors or representatives. Such determination shall be duly recorded in writing and a copy thereof furnished to the applicant.
B. In the event any deposit remains unclaimed for a period of five (5) years after the depositor has discontinued water service, the deposit may be forfeited and then transferred to the water utility fund. (Prior code § 14-145)
13.20.360: OWNERSHIP OF EXTENSION:
Any such extension shall be deemed the property of the city. (Prior code § 14-146)
13.20.370: SUPPLY OF WATER SERVICES TO PERSONS OUTSIDE THE CITY LIMITS:
The city may furnish water service from its water system to persons outside the city in accordance with the provision of this chapter. (Prior code § 14-151)
13.20.380: PETITION FOR SERVICE:
Any person located outside the city limits who desires to be supplied with water services from the city water system and is willing to pay in advance the whole expense of extending the water system to his or her property, including the cost of extending the water main beyond its present location, may make application to the city council by petition containing:
A. A description of the proposed extension;
B. A map showing the location thereof;
C. An offer to pay the whole expense incurred by the city in providing such extension and to advance such expenses as shall be verified to by the water superintendent. The city council and the person or persons seeking such extension may enter into an agreement providing in detail the terms under which the extension may be utilized by others in the future and the terms under which all or any portion of the cost of installing such extension may be refunded;
D. An acknowledgment that the city in granting the petition need supply only such water to the petitioner which from time to time the city council deems beyond the requirements of water users within the city limits, and that such extension shall be the property of and subject to the control of the city. (Prior code § 14-152)
13.20.390: EXTENSIONS MAY BE MASTER METERED:
When an extension supplying more than one house or user outside the city limits is connected to city water mains, the water superintendent may require a master meter to be installed near the point where the connection is to be made to the city main. This installation will be at the expense of the persons served by such extension according to the regular rates for meter installation. Responsible parties must agree to pay all bills for water served through the meter at the applicable water rates. (Prior code § 14-153)
13.20.400: COST OF EXTENSIONS TO BE DETERMINED BY WATER SUPERINTENDENT:
Upon receipt of such petition and map and before the petition is granted, the city council shall determine what portion, if any, of the extension of the city water mains to the city limits the city shall construct, and shall obtain from the water superintendent a verified statement showing the whole cost and expense of making such extension. Such costs and expenses shall include administrative and supervisory expenditures of the city water department, which shall in no event be deemed to be less than ten percent (10%) of the cost of materials and labor. (Prior code § 14-154)
13.20.410: PURPOSE FOR CONTROL OF CROSS CONNECTIONS POLICY:
A. Numerous parcels of property, primarily in the "valley" area of the city, have access to secondary, nonpotable water via a pressurized irrigation system that was installed in the spring and early summer of 2004. Lots that have access to secondary, nonpotable water and the city's drinking water distribution system risk cross connecting the two (2) water systems; thereby, potentially compromising the integrity of the public drinking water supply.
B. To protect the public drinking water supply of Santa Clara City from the possibility of contamination or pollution by requiring compliance with the Utah state rules for public drinking water systems and the uniform plumbing code, that require a cross connection control protection of all public drinking water systems in the state of Utah.
C. To promote the reasonable elimination or control of cross connections in the plumbing fixtures, residential and commercial, of the consumer, as required by the state and plumbing regulations to assure water system safety.
D. To provide for the administration of a continuing program for the control of cross connections, which will systematically examine risk and effectively prevent the contamination or pollution of the drinking water system. (Ord. 2004-16 § 2)
13.20.420: DEFINITIONS FOR CROSS CONNECTION CONTROL:
APPROVED BACKFLOW ASSEMBLY: An assembly accepted by the Utah state department of environmental quality, division of drinking water, as meeting an applicable specification or as suitable for the proposed use.
AUXILIARY WATER SUPPLY: Any water supply on or available to the premises other than the purveyor's public water supply will be considered as an auxiliary water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s) such as well, spring, river, stream, etc., or "used waters" or "industrial fluids". These waters may be contaminated or polluted or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have authority for sanitary control.
BACKFLOW PREVENTION ASSEMBLY: An assembly or means designed to prevent backflow, specifications for backflow prevention assemblies are contained within the uniform plumbing code and in the cross connection control program for Utah maintained by the division of drinking water.
CONTAMINATION: A degradation of the quality of the potable water supply by nonpotable water, sewage, industrial fluids or waste liquids, compounds or other materials that may create a health hazard.
CROSS CONNECTION: Any physical connection or arrangement of piping of fixtures which may allow nonpotable water or industrial fluids or other material of questionable quality to come into contact with potable water inside a water distribution system. This would include temporary conditions, such as swing connections, removable sections, four-way plug valves, spools, dummy sections of pipe, swivel or change over devices or sliding multiport tubes or other plumbing arrangements.
CROSS CONNECTION CONTAINMENT: The installation of an approved backflow assembly at the water service connection to any customer's premises where it is physically and economically infeasible to permanently eliminate or control all actual or potential cross connections within the customer's water distribution system; or, it means the installation of an approved backflow prevention assembly on the service line leading to and supplying a portion of a customer's water system where there are actual or potential cross connections which cannot be effectively eliminated or controlled at the point of the cross connection (isolation).
CROSS CONNECTION CONTROLLED: A connection between a potable water system and a nonpotable water system with an approved backflow prevention assembly property installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard.
WATER PURVEYOR: The person designated to be in charge of the water department of Santa Clara City, is invested with the authority and responsibility for the implementation of an effective cross connection control program and for the enforcement of the provisions of the ordinance codified in this chapter. (Ord. 2004-16 § 2)
13.20.430: RESPONSIBILITY; WATER DEPARTMENT:
A. Santa Clara City shall be responsible for the protection of the drinking water distribution system from the foreseeable conditions leading to the possible contamination or pollution of the drinking water system resulting from cross connections between the pressurized irrigation system or other auxiliary water supplies and the drinking water distribution system.
B. Drinking water system surveys/inspections of the consumer's water distribution system(s) shall be conducted or caused to be conducted by individuals deemed qualified by and representing Santa Clara City. Survey records shall indicate compliance with the state of Utah regulations. All such records will be maintained by Santa Clara City.
C. Santa Clara City shall schedule and notify in writing, all consumers of the need for the periodic system survey to ensure compliance with existing applicable minimum health and safety standards.
D. Selection of an approved backflow prevention assembly for containment control required at the service entrance shall be determined from the results of the system survey. (Ord. 2004-16 § 2)
13.20.440: RESPONSIBILITY; CONSUMER:
A. To comply with this chapter as a term and condition of water supply and consumer's acceptance of service is admittance of his or her awareness of his or her responsibilities as a water system user.
B. It shall be the responsibility of the consumer to purchase, install, and arrange testing (annual testing and other testing times as deemed necessary by water purveyor) and maintenance of any backflow prevention device/assembly required to comply with this chapter. Failure to comply with this chapter shall constitute grounds for discontinuation of service.
C. To attend a training session, and provide documentation thereof to water purveyor, approved by water purveyor, prior to utilizing and connecting to the pressurized irrigation system and/or using an auxiliary water supply. Subsequent first time users of the pressurized irrigation system are also required to attend a training course prior to their use of the pressurized irrigation system and/or use of an auxiliary water supply. The purpose of the training course is to inform consumer of regulations governing backflow and cross connections as well as to impart an understanding of the potential risks of contamination to the city's drinking water distribution system. (Ord. 2004-16 § 2)
13.20.450: RESPONSIBILITY; BUILDING INSPECTOR:
A. The building inspector's responsibility to enforce the applicable sections of the plumbing code begins at the point of service (downstream or consumer side of the meter) and continues throughout the length of the consumer's water system.
B. The plumbing official will review all plans to ensure that unprotected cross connections are not an integral part of the consumer's water system. If a cross connection cannot be eliminated, it must be protected by the installation of an air gap or an approved backflow prevention device/assembly, in accordance with the uniform plumbing code. (Ord. 2004-16 § 2)
13.20.460: RESPONSIBILITY; CERTIFIED BACKFLOW TECHNICIAN, SURVEYOR OR REPAIR PERSON:
A. Whether employed by the consumer or a utility to survey, test, repair, or maintain backflow prevention assemblies, the certified backflow technician, surveyor or repair person will have the following responsibilities:
1. Ensuring that acceptable testing equipment and procedures are used for testing, repairing or overhauling backflow prevention assemblies;
2. Make reports of such testing and/or repairs to the consumer and the water purveyor on form approved for such use by the water purveyor within time frames as described by the division of drinking water;
3. Include the list of materials or replacement parts being used on the reports;
4. Ensuring that replacement parts are equal in quality to parts originally supplied by the manufacturer of the assembly being repaired;
5. Not changing the design, material or operational characteristics of the assembly during testing, repair or maintenance;
6. Performing all tests of the mechanical devices/assemblies and shall be responsible for the competence and accuracy of all test and reports;
7. Ensuring that his or her license is current, the testing equipment being used is acceptable to the state of Utah, and is in proper operating condition;
8. Being equipped with, and competent to use, all necessary tools, gauges, and other equipment necessary to property test, and maintain backflow prevention assemblies. (Ord. 2004-16 § 2)
13.20.470: TESTING AND REPAIR OF BACKFLOW ASSEMBLIES:
A. In the case of a consumer requiring an assembly to be tested, any currently certified backflow technician is authorized to make the test and report the results to the consumer and the water purveyor. If any residential tested assembly is in need of repair R309-305 of the Utah administration code requires that an individual certified for such work make actual repairs. If any commercially tested assembly is in need of repair the construction trade license act, title 58, chapter 55-2-(21), requires a licensed plumber to make actual repairs on any assembly within a building. (Ord. 2004-16 § 2)
13.20.480: REQUIREMENTS FOR CONTROL OF CROSS CONNECTIONS:
A. No water service connection to any premises shall be installed or maintained by the water purveyor unless the water supply is protected as required by state laws, regulations, codes, and this chapter. Service of water to a consumer found to be in violation of this chapter shall be discontinued by the water department after due process of written notification of violation and an appropriate time suspense for voluntary compliance, if:
1. A backflow prevention assembly required by this chapter for the control of backflow and cross connection is not installed, tested, and maintained;
2. If it is found that a backflow prevention assembly has been removed or bypassed;
3. If an unprotected cross connection exist on the premises; or
4. If the periodic system survey has not been conducted.
Service will not be restored until such conditions or defects are corrected.
B. The customer's system(s) shall be open for inspection at all reasonable times to authorized representatives of the water purveyor to determine whether cross connections or other structural or sanitary hazards, including violation of this chapter exist and to audit the results of the required survey (R309-102-5 of the Utah administration code). In order to make such determination, the inspection shall include access to above ceiling areas, pits, paneled interior areas, or other locations where cross connections might exist. The customer shall be responsible to provide a route of access across the property for inspection purposes that is free from litter, overgrowth, the threat of a vicious animal, or other hindrance that may be detrimental to the safety of the inspector or obstructive to his or her ease of access.
C. Whenever the public water purveyor deems a service connection's water usage contributes a sufficient hazard to the water supply, an approved backflow prevention assembly shall be installed on the service line of the identified consumer's water system, at or near the property line or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line.
D. The type of protective assembly required under subsection C of this section shall depend upon the degree of hazard which exist at the point of cross connection (whether direct or indirect), applicable to local and state requirements or resulting from the required survey.
E. It shall be the responsibility of the consumer at any premises where backflow prevention assemblies are installed to have certified survey/inspections, and operational test made at least once per year at the consumer's expense. In those instances where the public water purveyor deems the hazard to be great, he or she may require certificate surveys/inspections and test at a more frequent interval. It shall be the duty of the purveyor to see that these tests are made according to the standards set forth by the state department of environment quality, division of drinking water.
F. All backflow prevention assemblies shall be tested within ten (10) working days of initial installation.
G. No backflow prevention assemblies shall be installed so as to create a safety hazard (example: installed over an electrical panel, boilers, or above ceiling level). (Ord. 2004-16 § 2)
13.20.490: VIOLATIONS OF THE CROSS CONNECTION POLICY:
If violations of this chapter exist or if there has not been any corrective action taken by the consumer within ten (10) days of the written notification of the deficiencies noted within the survey or test results, then the water purveyor shall deny or immediately discontinue service to the premises by providing a physical break in the service line until the customer has corrected the condition(s) in conformance with all state and local regulations and statutes relating to plumbing, safe drinking water suppliers, and the ordinance codified in this chapter. If the nature of the violation presents immediate and serious implications to the integrity of the public drinking water supply as established by the water purveyor, water purveyor is authorized to immediately discontinue water service after making a reasonable attempt to notify water customer. Other penalties may apply per chapter 1.16 of this code. (Ord. 2004-16 § 2)
13.20.500: WATER USE EFFICIENCY IN LANDSCAPE IRRIGATION:
A. Time Of Day Watering Parameters:
1. Sprinkler irrigation of all lawns and landscapes using potable (treated) water is prohibited between the hours of ten o’clock (10:00) A.M. and eight o’clock (8:00) P.M.
2. Secondary (untreated or reclaimed wastewater) water systems have limited capacity and are therefore exempt from this section. Facilities irrigated with secondary water systems include public amenities (parks, golf courses, schools, cemeteries) and some residential neighborhoods. Using secondary water for irrigation extends our water resources and saves residents millions of dollars in annual treatment costs.
B. Applicability Of Time Of Day Watering Regulations: The provisions of this section shall apply to all landscapes watered with potable water within the city. This section does not apply in the following situations:
1. New lawn, that requires frequent irrigation for establishment purposes within ninety (90) days of planting.
2. Short cycles required for testing, inspecting, and maintaining irrigation systems.
3. Other situations as permitted by the city.
C. Effective Date: This section shall be effective as of June 1, 2021. (Ord. 2021-05)
13.24.010: GENERAL PROVISIONS:
A. Purpose: The purpose of this chapter is to:
1. Protect, maintain, and enhance the environment of Santa Clara City.
2. Establish responsibilities for controlling and managing stormwater runoff.
3. Protect the public health, safety and the general welfare of the citizens of the city, by controlling discharges of pollutants to the city's stormwater system and to maintain and improve the quality of the receiving waters into which the stormwater outfalls flow, including, without limitation, lakes, rivers, streams, ponds, wetlands, and groundwater of the city.
4. Enable the city to comply with the national pollution discharge elimination system permit (NPDES/UPDES) and applicable regulations, 40 CFR section 122.26 for stormwater discharges.
5. Allow the city to exercise the powers granted by Utah code, which provides that, among other powers municipalities have with respect to stormwater facilities, is the power by ordinance or resolution to:
a. Exercise general regulation over the planning, location, construction, and operation and maintenance of stormwater facilities in the municipality, whether or not owned and operated by the municipality;
b. Adopt any rules and regulations deemed necessary to accomplish the purposes of this chapter, including the adoption of a system of fees for services and permits;
c. Establish standards to regulate the quantity of stormwater discharged and to regulate stormwater contaminants as may be necessary to protect water quality;
d. Review and approve plans and plats for stormwater management in proposed subdivisions or commercial developments;
e. Issue permits for stormwater discharges, or for the construction, alteration, extension, or repair of stormwater facilities;
f. Suspend or revoke permits when it is determined that the permittee has violated any applicable ordinance, resolution, or condition of the permit;
g. Regulate and prohibit discharges into stormwater facilities of sanitary, industrial, or commercial sewage or waters that have otherwise been contaminated; and
h. Expend funds to remediate or mitigate the detrimental effects of contaminated land or other sources of stormwater contamination, whether public or private. The expression of this power does not create an obligation on the part of the city to make any such expenditures.
i. Establish a viable and fair method of financing the construction, operation and maintenance of the stormwater system.
B. Administering Entity: The public services director shall administer the provisions of this chapter. Nothing in this chapter shall relieve any person from responsibility for damage to other persons or property, nor impose upon Santa Clara City, its officers, agents or employees, any liability for damage to other persons or property. (Ord. 2020-11 § 1: Ord. 2009-06 § 1)
13.24.020: DEFINITIONS:
For the purpose of this chapter, the following definitions shall apply. Words used in the singular shall include the plural, and the plural shall include the singular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined in this section shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of "Webster's Dictionary".
AS BUILT PLANS: Drawings depicting conditions as they were actually constructed. Also known as "record drawings".
BEST MANAGEMENT PRACTICES OR BMPs: Physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, that have been approved by Santa Clara City and that have been incorporated by reference into this chapter as if fully set out herein. (For purposes of this title, the relevant BMPs are more particularly defined in the Santa Clara City stormwater management program.)
CHANNEL: A natural or artificial watercourse with a definite bed and banks that conducts flowing water continuously or periodically.
CITY STORMWATER SYSTEM: Storm system that receives runoff from public rights of way, natural waterways and systems identified in a city easement.
COMMON PLAN OF DEVELOPMENT OR SALE: One plan for development or sale, separate parts of which are related by any announcement, piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, plat, blueprint, contract, permit application, zoning request, computer design, etc.), physical demarcation (including contracts) that identify the scope of the project. A plan may still be a common plan of development or sale even if it is taking place in separate stages or phases, is planned in combination with other construction activities, or is implemented by different owners or operators.
COMMUNITY WATER: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wetlands, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of Santa Clara City.
CONTAMINANT: Any physical, chemical, biological, or radiological substance or matter in water.
DESIGN STORM EVENT: A hypothetical storm event, of a given frequency interval and duration, used in the analysis and design of a stormwater facility.
DEVELOPED PARCEL: Any parcel that has construction of improvements and is connected to the city's utility system and receives a monthly utility bill.
DISCHARGE: Dispose, deposit, spill, pour, inject, seep, dump, leak or place by any means, or that which is disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means including any direct or indirect entry of any solid or liquid matter into the municipal separate stormwater system.
EASEMENT: An acquired privilege or right of use or enjoyment that a person, party, firm, corporation, municipality or other legal entity has in the land of another.
EQUIVALENT SERVICE UNIT (ESU): The average amount of impervious surface, expressed in square feet, on developed single-family residential parcels; three thousand five hundred (3,500) square feet of impervious surface.
EROSION: The removal of soil particles by the action of water, wind, ice or other geological agents, whether naturally occurring or acting in conjunction with or promoted by anthropogenic activities or effects (human caused).
EROSION AND SEDIMENT CONTROL PLAN: A written plan (including drawings or other graphic representations) that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.
GENERAL CONSTRUCTION STORMWATER PERMIT: Permit required by the Utah department of environmental quality, division of water quality.
HOT SPOT (PRIORITY AREA): An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.
ILLICIT CONNECTIONS: Illegal and/or unauthorized connections to the municipal separate stormwater system whether or not such connections result in discharges into that system.
ILLICIT DISCHARGE: Any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater and not specifically exempted under subsection 13.24.030B of this chapter.
IMPERVIOUS SURFACE: Any hard surface, other than the natural surface, that prevents or retards the absorption of water into the soil, or that causes water to run off the surface in greater quantities or at a greater rate of flow than the natural surface.
IRRIGATION DITCHES: Gravity irrigation ditches used by irrigation shareowners having a right of water passageway by right of way, easement or prescription.
LAND DISTURBANCE PERMIT: Santa Clara City land disturbance permit as adopted by the city. Also known as excavation/grading permit.
LAND DISTURBING ACTIVITY: Any activity on property that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, development, redevelopment, demolition, construction, reconstruction, clearing, grading, filling, and excavation.
LOW IMPACT DEVELOPMENT (LID): Refers to engineered systems, either structural or natural, that use or mimic natural processes to promote infiltration, evapotranspiration, and/or reuse of storm water as close to its source as possible to protect water quality and aquatic habitat.
MAINTENANCE: Any activity that is necessary to keep a stormwater facility in good working order so as to function as designed. Maintenance shall include complete reconstruction of a stormwater facility if reconstruction is needed in order to restore the facility to its original operational design parameters. Maintenance shall also include the correction of any problem on the site property that may directly impair the functions of the stormwater facility.
MAINTENANCE AGREEMENT: A document recorded in the land records that acts as a property deed restriction, and which provides for long term maintenance of stormwater management practices.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) (MUNICIPAL SEPARATE STORMWATER SYSTEM): The conveyances owned or operated by the municipality for the collection and transportation of stormwater, including the roads and streets and their drainage systems, catch basins, curbs, gutters, ditches, manmade channels, and storm drains.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT OR NPDES PERMIT: The provisions of the federal clean water act for the control of stormwater discharges, also a permit issued pursuant to 33 USC 1342.
NOTICE OF VIOLATION (NOV): Whenever the public services director finds that a person is in noncompliance with this chapter, the public services director will order compliance by written notice of violation to the responsible person. Requirements in this notice are at the discretion of the public services director, and may include monitoring, payment to cover costs relating to the noncompliance, and the implementation of best management practices.
OFF SITE FACILITY: A structural BMP located outside the subject property boundary described in the permit application for land development activity.
ON SITE FACILITY: A structural BMP located within the subject property boundary described in the permit application for land development activity.
PARCEL: A portion into which something is divided, especially a piece of land that was originally part of a larger area, also a parcel of land occupied by one or more buildings, together with parking, open space, yard area and having frontage on a dedicated and improved city street or private street.
PEAK FLOW: The maximum instantaneous rate of flow of water at a particular point resulting from a storm event.
PERSON: Any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country.
PREEXISTING CONDITIONS: Conditions of property in its native state or changed under approval by the city or changed property that is grandfathered.
PRIORITY AREA: See definition of Hot Spot (Priority Area).
PROPERTY OWNER: Landowner of property within the boundary of Santa Clara City.
PUBLIC SERVICES DIRECTOR: The public services director of Santa Clara City or authorized designee.
RUNOFF: That portion of the precipitation on a drainage area that is discharged from the area into the municipal separate stormwater system. Water produced by storms, surface drainage, snow and ice melt, and other water handled by the storm sewer drainage system.
SEDIMENT: Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface either above or below sea level.
SEDIMENTATION: Soil particles suspended in stormwater that can settle in streambeds and disrupt the natural flow of the stream.
SINGLE-FAMILY RESIDENTIAL PARCEL: A parcel of land occupied or to be occupied by a main building or group of buildings designed to be occupied by one family, together with such yards, open space and having frontage upon a dedicated and improved city street or private street.
SOILS REPORT: A study of soils on a subject property with the primary purpose of characterizing and describing the soils. The soils report shall be prepared by a qualified soils engineer, who shall be directly involved in the soil characterization either by performing the investigation or by directly supervising employees.
STABILIZATION: Providing adequate measures, vegetative and/or structural, that will prevent erosion from occurring.
STORMWATER: Stormwater runoff, snowmelt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration and drainage.
STORMWATER DESIGN STANDARDS AND REGULATIONS: Current Santa Clara City stormwater standards and regulations as adopted by the city.
STORMWATER MANAGEMENT: The programs to maintain quality and quantity of stormwater runoff to predevelopment levels.
STORMWATER MANAGEMENT FACILITIES SYSTEM: The drainage structures, conduits, ditches, combined sewers, sewers, and all device appurtenances by means of which stormwater is collected, transported, pumped, treated or disposed of.
STORMWATER MANAGEMENT PLAN: The set of drawings and other documents that comprise all the information and specifications for the programs, drainage systems, structures, BMPs, concepts and techniques intended to maintain or restore quality and quantity of stormwater runoff to predevelopment levels.
STORMWATER MASTER PLAN: Current "Santa Clara City Storm Water Master Plan" as adopted by the city.
STORMWATER RUNOFF: Flow on the surface of the ground, resulting from precipitation.
STORMWATER UTILITY: The stormwater utility created by ordinance of the city to administer the stormwater management ordinance, and other stormwater rules and regulations adopted by the municipality.
STRUCTURAL BMPs: Devices that are constructed to provide control of stormwater runoff.
SURFACE WATER: Includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other watercourses, lakes and reservoirs.
UPDES: Utah pollution discharge elimination system.
WATERCOURSE: A permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water.
WATERSHED: All the land area that contributes runoff to a particular point along a waterway. (Ord. 2020-11 § 1: Ord. 2010-15: Ord. 2009-06 § 1)
13.24.030: LAND DISTURBANCE PERMITS:
A. When Required: Every person will be required to obtain a land disturbance permit from the public services director in the following cases:
1. Land disturbing activity generally disturbs one or more acres of land;
2. Land disturbing activity of less than one acre of land if such activity is part of a larger common plan of development that affects one or more acres of land;
3. Land disturbing activity of less than one acre of land, if in the discretion of the public services director such activity poses a unique threat to water, or public health or safety;
4. The creation and use of borrow pits;
5. Processing of earthen materials such as topsoil and gravel screening.
B. Exemptions: The following activities are exempt from the permit requirement:
1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
2. Existing nursery and agricultural operations conducted as a permitted main or accessory use.
C. Drainage Channels, Waterways And Sensitive Areas:
1. Property owners shall not alter or restrict natural channels and waterways without proper federal, state and city permits.
2. Modifications of sensitive areas are subject to and governed by the hillside protection overlay zone ordinance (title 17, chapter 17.80 of this code). These actions will require a land disturbance permit and approval from all other governing agencies.
D. Redirect Runoff Outside City Limits: Property owners proposing to redirect runoff, surface and/or pipe flow to properties or facilities outside Santa Clara City boundaries must provide written approval from the state, county or municipality or their agents.
E. Protection Of Canals: Property owners are responsible for the protection of canals per the relevant sections of this chapter.
F. Discharges Or Modifications: Discharges or modifications to the canals require written approval from the canal owners and applicable governing agencies.
G. Building Permit: No building permit shall be issued until the applicant has obtained a land disturbance permit where the same is required by this chapter.
H. Application For A Land Disturbance Permit: Each application shall include the following:
1. Name of applicant;
2. Business or residence address of applicant;
3. Name, address or telephone number of the owner of the property of record;
4. Address and legal description of subject property including the tax reference number and parcel number of the subject property;
5. Name, address and telephone number of the contractor and any subcontractor(s) who shall perform the land disturbing activity and who shall implement the erosion and sediment control plan;
6. A statement indicating the nature, extent and purpose of the land disturbing activity, including the size of the area for which the permit shall be applicable and a schedule for the starting and completion dates of the land disturbing activity.
I. Environmental Permits: The applicant shall obtain from any other state or federal agency any other appropriate environmental permits that pertain to the property. However, the inclusion of those permits in the application shall not foreclose the public services director from imposing additional development requirements and conditions, commensurate with this chapter, on the development of property covered by those permits.
1. Each application shall be accompanied by:
a. A sediment and erosion control plan.
b. A stormwater management plan providing for stormwater management during the land disturbing activity and after the activity has been completed.
2. Each application for a land disturbance permit shall be accompanied by payment of land disturbance permit and other stormwater management fees, as adopted by resolution and found in the city fee schedule.
J. Review And Approval Of Application:
1. The public services director will review each application for a land disturbance permit to determine its conformance with the provisions of this chapter. Within fifteen (15) days after receiving an application, the public services director shall provide one of the following responses in writing:
a. Approval of the permit application;
b. Approval of the permit application, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this chapter, and issue the permit subject to these conditions; or
c. Denial of the permit application, indicating the reason(s) for the denial.
2. If the public services director has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions established by the public services director. However, the applicant shall be allowed to proceed with his land disturbing activity so long as it conforms to conditions established by the public services director. No development plans will be released until the land disturbance permit has been approved.
K. Permit Duration: Every land disturbance permit shall expire and become null and void if substantial work authorized by such permit has not commenced within one hundred eighty (180) calendar days of issuance, or is not complete within eighteen (18) months from the date of the commencement of construction or the permit is extended. Permit extensions may be granted by the public services director as per city policy.
L. Notice Of Construction: The applicant must notify the public services director ten (10) working days in advance of the commencement of construction. Regular inspections of the stormwater management system construction shall be conducted by the public services director. All inspections shall be documented and written reports prepared that contain the following information:
1. The date and location of the inspection;
2. Whether construction is in compliance with the approved stormwater management plan;
3. Variations from the approved construction specifications;
4. Any violations that exist.
M. Performance Bonds: The public services director may, at his discretion, require the submittal of a performance security or performance bond prior to issuance of a permit in order to ensure that the stormwater practices are installed by the permit holder as required by the approved stormwater management plan. The amount of the installation performance security or performance bond shall be one hundred twenty percent (120%) of the total estimated construction cost of the structural BMPs approved under the permit plus any reasonably foreseeable additional related costs, e.g., for damages or enforcement. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater management plan. The applicant shall provide an itemized construction cost estimate complete with unit prices which shall be subject to acceptance, amendment or rejection by the public services director. Alternatively, the public services director shall have the right to calculate the cost of construction cost estimates. The performance security or performance bond shall be released in full only upon submission of record drawings and a written report sealed by a registered professional engineer licensed to practice in the state of Utah that the structural BMP has been installed in accordance with the approved plan and other applicable provisions of this chapter. The public services director will make a final inspection of the structural BMP to ensure that it is in compliance with the approved plan and the provisions of this chapter. The public services director shall have the discretion to adopt provisions and set policy for a partial pro rata release of the performance security or performance bond on the completion of various stages of development. (Ord. 2020-11 § 1: Ord. 2010-15: Ord. 2009-06 § 1)
13.24.040: STORMWATER SYSTEM DESIGN AND MANAGEMENT STANDARDS:
A. Irrigation Ditches:
1. Discharges to private ditches require written approval from the ditch owners and design shall comply with the terms of private approvals and the "Santa Clara City Construction Design Standards" and the land disturbance permit.
2. Piping of ditches and modification to the diversion boxes require documented coordination and written approval with ditch owners or representative. Design and coordination requirements shall comply with the "Santa Clara City Construction Design Standards" and the land disturbance permit documents.
B. Stormwater Design And BMP Manuals:
1. Adoption: The municipality adopts as its stormwater design and best management practices (BMPs) manuals the following publications, which are incorporated by reference in this chapter as is fully set out herein:
a. "Santa Clara City Storm Water Management Program And Regulations".
b. "Santa Clara City Storm Water Master Plan".
c. "Santa Clara City Construction Design Standards".
d. “Santa Clara City Construction Design Standards for Low Impact Development”.
2. Content And Revision Of Manuals: These manuals include a list of acceptable BMPs and include specific design performance criteria and operation and maintenance requirements for each stormwater practice. The manuals may be updated and expanded from time to time, at the discretion of the governing body of the city, upon the recommendation of the public services director, based on improvements in engineering, science, monitory and local maintenance experience. Stormwater facilities that are designed, constructed and maintained in accordance with these BMP criteria will be presumed to meet the minimum water quality performance standards.
C. General Performance Criteria For Stormwater Management: Unless granted a waiver or judged by the public services director to be exempt, the following postconstruction performance criteria shall be addressed for stormwater management at all sites:
1. Design of storm drain systems in boundaries and discharges into a Santa Clara City storm drain system requires direct supervision of a Utah registered professional engineer, and shall carry the seal of the same supervising professional engineer.
2. All site designs shall control the peak flow rates of stormwater discharge associated with design storms specified in this chapter or other city ordinances and generally reduce the generation of postconstruction stormwater runoff to preconstruction levels.
3. To protect stream channels from degradation, specific channel protection criteria shall be provided as prescribed in the BMP manual.
4. Stormwater discharges to critical areas with sensitive resources (i.e., fisheries, recharge areas, water supply reservoirs) may be subject to additional performance criteria, or may need to utilize or restrict certain stormwater management practices.
5. Stormwater discharges from "hot spots" may require the application of specific structural BMPs and pollution prevention practices.
6. Prior to or during the site design process, applicants for land disturbance permits shall consult with the public services director to determine if they are subject to additional stormwater design requirements.
7. The calculations for determining peak flows as found in the Santa Clara City design standards shall be used for sizing all stormwater facilities.
D. Minimum Control Requirements:
1. Stormwater discharge during all construction activities shall comply with the terms of the land disturbance permit, the Santa Clara City design standards, and the state of Utah UPDES requirements.
2. Stormwater designs shall meet the multistage storm frequency storage requirements as identified in the Santa Clara City design standards unless the public services director has granted the applicant a full or partial waiver for a particular BMP under this section.
3. Runoff rates from one parcel to another may not exceed preexisting conditions or in such a manner that may unreasonably and unnecessarily cause more harm than formerly.
4. If hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, the public services director may impose any and all additional requirements deemed necessary to control the volume, timing, and rate of runoff.
E. Stormwater Management Plan Requirements: Property owners are responsible to manage stormwater runoff and sediment whether in conduit systems or on the surface that traverse or originate on their property, unless this responsibility is relinquished through the terms and conditions of an easement. The stormwater management plan shall include sufficient information to allow the public services director to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing stormwater generated at the project site. To accomplish this goal the stormwater management plan shall include the following:
1. Topographic Base Map: A one inch equals two hundred feet (1" = 200') minimum topographic base map of the site which extends a minimum of five hundred feet (500') beyond the limits of the proposed development and indicates:
a. Existing surface water drainage including streams, ponds, culverts, ditches, sinkholes, wetlands; and the type, size, elevation, etc., of nearest upstream and downstream drainage structures;
b. Current land use including all existing structures, locations of utilities, roads, and easements;
c. All other existing significant natural and artificial features;
d. Proposed land use with tabulation of the percentage of surface area to be adapted to various uses; drainage patterns; locations of utilities, roads and easements; the limits of clearing and grading;
e. Proposed structural BMPs;
f. A written description of the site plan and justification of proposed changes in natural conditions may also be required.
2. Calculations: Hydrologic and hydraulic design calculations for the predevelopment and postdevelopment conditions for the design storms specified in the Santa Clara construction design standards. These calculations must show that the proposed stormwater management measures are capable of controlling runoff from the site in compliance with this chapter and the guidelines of the Santa Clara construction design standards. Such calculations shall include:
a. A description of the design storm frequency, duration, and intensity where applicable;
b. Time of concentration;
c. Soil curve numbers or runoff coefficients including assumed soil moisture conditions;
d. Peak runoff rates and total runoff volumes for each watershed area;
e. Infiltration rates, where applicable;
f. Culvert, stormwater sewer, ditch and/or other stormwater conveyance capacities;
g. Flow velocities;
h. Data on the increase in rate and volume of runoff for the design storms referenced in the Santa Clara construction design standards; and
i. Documentation of sources for all computation methods and field test results.
3. Soils Information: If a stormwater management control measure depends on the hydrologic properties of soils (e.g., infiltration basins), then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles and soil survey reports. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soil types present at the location of the control measure.
4. Maintenance And Repair Plan: The design and planning of all stormwater management facilities shall include detailed maintenance and repair procedures to ensure their continued performance. These plans will identify the parts or components of a stormwater management facility that need to be maintained and the equipment and skills or training necessary. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan. A permanent elevation benchmark shall be identified in the plans to assist in the periodic inspection of the facility.
5. Landscaping Plan: The applicant must present a detailed plan for management of vegetation at the site after construction is finished, including who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved.
6. Maintenance Easements: The applicant must ensure access to the site for the purpose of inspection and repair by securing all the maintenance easements needed. These easements must be binding on the current property owner and all subsequent owners of the property and must be properly recorded in the land record.
7. Maintenance Agreement: The owner of property to be served by an on-site stormwater management facility must execute an inspection and maintenance agreement that shall operate as a deed restriction binding on the current property owner and all subsequent property owners which agreement shall be filed as a covenant to run with the affected land, in the office of the Washington County recorder. The maintenance agreement shall:
a. Assign responsibility for the maintenance and repair of the stormwater facility to the owner of the property upon which the facility is located and be recorded as a deed restriction for the property.
b. Provide for a periodic inspection as required by the Santa Clara City stormwater management program by the property owner for the purpose of documenting maintenance and repair needs and ensure compliance with the purpose and requirements of this chapter. The property owner will arrange for this inspection to be conducted by a registered professional engineer licensed to practice in the state of Utah who will submit a sealed report of the inspection to the public services director. It shall also grant permission to the city to enter the property at reasonable times and to inspect the stormwater facility to ensure that it is being properly maintained.
c. Provide that the minimum maintenance and repair needs include, but are not limited to: the removal of silt, litter and other debris, the cutting of grass, grass cuttings and vegetation removal, and the replacement of landscape vegetation, in detention and retention basins, and inlets and drainage pipes and any other stormwater facilities. It shall also provide that the property owner shall be responsible for additional maintenance and repair needs consistent with the needs and standards outlined in the Santa Clara City stormwater management program.
d. Provide that maintenance needs must be addressed in a timely manner, on a schedule to be determined by the public services director.
e. Provide that if the property is not maintained or repaired within the prescribed schedule, the public services director shall perform the maintenance and repair at its expense, and bill the same to the property owner. The maintenance agreement shall also provide that the public services director's cost of performing the maintenance shall be a lien against the property.
f. The municipality shall have the discretion to accept the dedication of any existing or future stormwater management facility, provided such facility meets the requirements of this chapter, and includes adequate and perpetual access and sufficient areas, by easement or otherwise, for inspection and regular maintenance. Any stormwater facility accepted by the municipality must also meet the municipality's construction standards and any other standards and specifications that apply to the particular stormwater facility in question.
8. Sediment And Erosion Control Plans: The applicant must prepare a sediment and erosion control plan for all construction activities that complies with subsection F of this section.
F. Sediment And Erosion Control Plan Requirements: The sediment and erosion control plan shall accurately describe the potential for soil erosion and sedimentation problems resulting from land disturbing activity and shall explain and illustrate the measures that are to be taken to control these problems. The length and complexity of the plan is to be commensurate with the size of the project, severity of the site condition, and potential for off-site damage. The plan shall be sealed by a registered professional engineer licensed in the state of Utah. The plan shall also conform to the requirements found in the Santa Clara City stormwater management program, and shall include at least the following:
1. Brief description of the intended project and proposed land disturbing activity including number of units and structures to be constructed and infrastructure required.
2. A topographic map with contour intervals of two feet (2') or less showing present conditions and proposed contours resulting from land disturbing activity.
3. All existing drainageways, including intermittent and wet weather. Include any designated floodways or floodplains.
4. A general description of existing land cover. Individual trees and shrubs do not need to be identified.
5. Stands of existing trees as they are to be preserved upon project completion, specifying their general location on the property. Differentiation shall be made between existing trees to be preserved, trees to be removed and proposed planted trees. Tree protection measures must be identified, and the diameter of the area involved must also be identified on the plan and shown to scale. Information shall be supplied concerning the proposed destruction of exceptional and historic trees in setbacks and buffer strips, where they exist. Complete landscape plans may be submitted separately. The plan must include the sequence of implementation for tree protection measures.
6. Approximate limits of proposed clearing, grading and filling.
7. Approximate flows of existing stormwater leaving any portion of the site.
8. A general description of existing soil types and characteristics and any anticipated soil erosion and sedimentation problems resulting from existing characteristics.
9. Location, size and layout of proposed stormwater and sedimentation control improvements.
10. Proposed drainage network.
11. Approximate flows leaving site after construction and incorporating water runoff mitigation measures. The evaluation must include projected effects on property adjoining the site and on existing drainage facilities and systems. The plan must address the adequacy of outfalls from the development: when water is concentrated, what is the capacity of waterways, if any, accepting stormwater off site; and what measures, including infiltration, sheeting into buffers, etc., are going to be used to prevent the scouring of waterways and drainage areas off-site, etc.
12. The projected sequence of work represented by the grading, drainage and sedimentation and erosion control plans as related to other major items of construction, beginning with the initiation of excavation and including the construction of any sediment basins or retention facilities or any other structural BMPs.
13. Specific remediation measures to prevent erosion and sedimentation runoff. Plans shall include detailed drawings of all control measures used; stabilization measures including vegetation and nonvegetation measures, both temporary and permanent, will be detailed. Detailed construction notes and a maintenance schedule shall be included for all control measures in the plan.
14. Specific details for the construction of rock pads, wash down pads, and settling basins for controlling erosion; road access points; eliminating or keeping soil, sediment, and debris on streets and public ways at a level acceptable to the public services director. Soil, sediment, and debris brought onto streets and public ways must be removed by the end of the workday by machine, broom or shovel to the satisfaction of the public services director. Failure to remove the sediment, soil or debris shall be deemed a violation of this chapter.
15. Proposed structures; location (to the extent possible) and identification of any proposed additional buildings, structures or development on the site. (Ord. 2020-11 § 1: Ord. 2009-06 § 1)
13.24.050: POSTCONSTRUCTION:
A. Projects Greater Than Or Equal To One (1) Acre: Newly developed and redeveloped projects that disturb greater than or equal to one (1) acre, including projects less than one (1) acre that are of a larger common plan of development or sale, are required to submit a low impact development (LID) approach to be evaluated by the City of Santa Clara. A LID approach promotes the implementation of BMPs that allow storm water to infiltrate, evapotranspire or harvest and use storm water on site to reduce runoff from the site and protect water quality. Guidance for implementing LID can be found in State of Utah DWQ’s LID controls which are appropriate for use in the State of Utah and can be found in A Guide to Low Impact Development within Utah (the Guide), available on DWQ’s website or Green Infrastructure and Low Impact Development Application Guidance for Washington County Utah, available from the City of Santa Clara.
B. Specific Criteria: Newly developed and redeveloped projects must meet the required best management practices (BMPs) that are designed to manage rainfall on-site, and prevent the off-site discharge of the precipitation from all rainfall events less than or equal to the 80th percentile rainfall event or a predevelopment hydrologic condition, whichever is less. This objective must be accomplished by the use of practices that are designed, constructed, and maintained to infiltrate, evapotranspire and/or harvest and reuse rainwater and must be incorporated into the permittee’s development plans and long term stormwater management plan which includes the LID approach. If meeting the 80th percentile standard is infeasible an alternative design approach may be used provided that the permittee documents that infiltration, evapotranspiration, and rainwater harvesting have been used to the maximum extent feasible and that full employment of these controls are infeasible due to constraints. For guidance including alternative design approaches see “A Guide to Low Impact Development within Utah” published by the DWQ, and “Green Infrastructure and Low Impact Development Application Guidance for Washington County Utah.”
C. Inspections Of Storm Water Management Facilities: Owners/operators shall perform necessary maintenance to protect water quality and reduce the discharge of pollutants to the MS4. Owners/operators of newly developed and redeveloped projects shall conduct inspections at least every other year and provide certification that adequate maintenance has been performed and the structural controls are operating as designed to protect water quality. This required inspection shall be conducted by the property owner/operators or qualified third parties. On sites where the property owner/operator is conducting maintenance, the permittee shall allow municipal inspections to conduct inspections at least once every five (5) years, or more frequently as needed to show that adequate maintenance is being performed. The owner shall grant access to the City of Santa Clara to inspect storm water control measures on private properties that discharge to the MS4 to ensure that adequate maintenance is being performed. The findings of each inspection shall be documented in an inspection report, and must contain the following:
1. Inspection date;
2. Name and signature of inspector;
3. Project location;
4. Current ownership information;
5. A description of the condition of the storm water control measure including the quality of: vegetation and soils; inlet and outlet channels and structures; catch basins; spillways; weirs, and other control structures; and sediment and debris accumulation in storage as well as in and around inlet and outlet structures; and
6. Specific maintenance issues or violations found that need to be corrected by the property owner or operator along with deadlines and re- inspection dates. If there is an observed failure of a facility to perform as designed, the failure must be corrected and documented in the inspection report.
D. Record Drawings: All applicants are required to submit actual record drawings for any structures located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be sealed by a registered professional engineer licensed to practice in Utah. A final inspection by the public services director is required before any performance security or performance bond will be released. The public services director shall have the discretion to adopt provisions for a partial pro rata release of the performance security or performance bond on the completion of various stages of development. In addition, occupation permits shall not be granted until corrections to all BMPs have been made and accepted by the public services director.
E. Landscaping And Stabilization Requirements: Any area of land from which the natural vegetative cover has been either partially or wholly cleared by development activities shall be revegetated according to a schedule approved by the public services director. The following criteria shall apply to revegetation or stabilization efforts:
1. Reseeding must be done with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until such time as the cover crop is established over ninety percent (90%) of the seeded area or stabilization put in place.
2. Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion or stabilization put in place.
3. Any area of revegetation must exhibit survival of a minimum of seventy five percent (75%) of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum seventy five percent (75%) survival for one year is achieved.
4. In addition to the above requirements, a landscaping plan must be submitted with the final design describing the vegetative or other stabilization and management techniques to be used at a site after construction is completed. This plan will explain not only how the site will be stabilized after construction, but who will be responsible for the maintenance of vegetation or other stabilization at the site and what practices will be employed to ensure that adequate cover is preserved.
F. Records Of Installation And Maintenance Activities: Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation of the stormwater facility, and of all maintenance and repairs to the facility, and shall retain the records for at least three (3) years. These records shall be made available to the public services director during inspection of the facility and at other reasonable times upon request.
G. Failure To Meet Or Maintain Design Or Maintenance Standards: If a responsible party fails or refuses to meet the design or maintenance standards required for stormwater facilities under this chapter, the public services director, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, the public services director shall notify in writing the party responsible for maintenance of the stormwater management facility. Upon receipt of that notice, the responsible person shall have fifteen (15) days to effect maintenance and repair of the facility in an approved manner. In the event that corrective action is not undertaken within that time, the public services director may take necessary corrective action. The cost of any action by the public services director under this section shall be charged to the responsible party. (Ord. 2020-11 § 1: Ord. 2009-06 § 1)
13.24.060: WAIVERS:
A. General: Every applicant shall provide for postconstruction stormwater management as required by this chapter, unless a written request is filed to waive this requirement. Requests to waive the stormwater management plan requirements shall be submitted to the public services director for approval.
B. Conditions For Waiver: The minimum requirements for stormwater management may be waived in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies:
1. It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this chapter.
2. Alternative minimum requirements for on site management of stormwater discharges have been established in a stormwater management plan that has been approved by the public services director.
3. Provisions are made to manage stormwater by an off-site facility. The off-site facility must be in place and designed to provide the level of stormwater control that is equal to or greater than that which would be afforded by on-site practices. Further, the facility must be operated and maintained by an entity that is legally obligated to continue the operation and maintenance of the facility.
C. Downstream Damage: In order to receive a waiver, the applicant must demonstrate to the satisfaction of the public services director that the waiver will not lead to any of the following conditions downstream:
1. Deterioration of existing culverts, bridges, dams, and other structures;
2. Degradation of biological functions or habitat;
3. Accelerated stream bank or streambed erosion or siltation;
4. Increased threat of flood damage to public health, life or property.
D. Land Disturbance Permit: No land disturbance permit shall be issued where a waiver has been requested until the waiver is granted. (Ord. 2020-11 § 1: Ord. 2009-06 § 1)
13.24.070: ILLICIT DISCHARGES:
A. Scope: This section shall apply to all water generated on developed or undeveloped land entering the municipality's separate storm sewer system.
B. Prohibition Of Illicit Discharges: No person shall introduce or cause to be introduced into the municipal separate storm sewer system any discharge that is not composed entirely of stormwater. The commencement, conduct or continuance of any nonstormwater discharge to the municipal separate storm sewer system is prohibited except as described as follows:
1. Uncontaminated discharges from the following sources:
a. Water line flushing or other potable water sources,
b. Landscape irrigation or lawn watering,
c. Diverted stream flows,
d. Rising groundwater,
e. Groundwater infiltration to storm drains,
f. Uncontaminated pumped groundwater,
g. Foundation or footing drains,
h. Crawl space pumps,
i. Air conditioning condensation,
j. Springs,
k. Natural riparian habitat or wetland flows,
l. Swimming pools (if dechlorinated; typically less than 1 ppm chlorine),
m. Firefighting activities, and
n. Any other uncontaminated water source.
2. Discharges specified in writing by the public services director as being necessary to protect public health and safety.
3. Dye testing is an allowable discharge if the public services director has so specified in writing.
4. The prohibition shall not apply to any nonstormwater discharge permitted under a UPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the state of Utah division of water quality, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.
C. Prohibition Of Illicit Connections:
1. The construction, use, maintenance or continued existence of illicit connections to the separate municipal storm sewer system is prohibited.
2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
D. Reduction Of Stormwater Pollutants By The Use Of Best Management Practices: Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, the BMPs necessary to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section.
E. Notification Of Spills: Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into the city stormwater system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, the person shall notify the public services director in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the public services director within three (3) business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. (Ord. 2020-11 § 1: Ord. 2009-06 § 1)
13.24.080: ENFORCEMENT:
A. Enforcement Authority: The public services director or his designees shall have the authority to issue notices of violation, stop work orders, and citations, and to impose the civil penalties provided in this section.
1. With the issuance of a land disturbance permit, the public services director shall be permitted to enter and inspect facilities subject to this chapter at all reasonable times and as often as necessary to determine compliance. Failure to comply with the terms of this chapter may result in punitive actions by Santa Clara City ordinance enforcement or by other means identified in permits or terms set forth in development applications.
B. Notification Of Violation:
1. Written Notice: Whenever the public services director finds that any permittee or any other person discharging stormwater has violated or is violating this chapter or a permit or order issued hereunder, the director may serve upon such person written notice of the violation. Within ten (10) days of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the public services director. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.
2. Consent Orders: The public services director is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to subsections B4 and B5 of this section.
3. Show Cause Hearing: The director may order any person who violates this chapter or permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing.
4. Compliance Order: When the director finds that any person has violated or continues to violate this chapter or a permit or order issued hereunder, he may issue an order to the violator directing that, following a specific time period, adequate structures, devices, be installed or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and management practices.
5. Cease And Desist Orders: When the director finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the director may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
a. Comply forthwith; or
b. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
C. Conflicting Standards: Whenever there is a conflict between any standard contained in this chapter and in the Santa Clara City stormwater management program adopted by the municipality under this chapter, the strictest standard shall prevail. (Ord. 2020-11 § 1: Ord. 2009-06 § 1)
13.24.090: VIOLATIONS AND PENALTIES:
A. Violations: Any person who shall commit any act declared unlawful under this chapter, who violates any provision of this chapter, who violates the provisions of any permit issued pursuant to this chapter, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by the public services director, shall be guilty of a class B misdemeanor.
B. Penalties: Any person who violates this chapter or any lawful notice or order issued pursuant to this chapter shall be assessed a penalty of not less than fifty dollars ($50.00) and not more than one thousand dollars ($1,000.00) in a civil proceeding, and in a criminal proceeding is guilty of a class B misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00). In the case of a continuing violation, each day that the violation continues shall constitute a separate and distinct offense.
C. Measuring Civil Penalties: In assessing a civil penalty, the public services director may consider:
1. The harm done to the public health or the environment;
2. Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
3. The economic benefit gained by the violator;
4. The amount of effort put forth by the violator to remedy this violation;
5. Any unusual or extraordinary enforcement costs incurred by the municipality;
6. The amount of penalty established by ordinance or resolution for specific categories of violations; and
7. Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.
D. Recovery Of Damages And Costs: In addition to the civil penalty in subsection B of this section, the municipality may recover:
1. All damages caused by the violator to the municipality, which may include any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this chapter, or any other actual damages caused by the violation.
2. The costs of the municipality's maintenance of stormwater facilities when the user of such facilities fails to maintain them as required by this chapter.
E. Other Remedies: The municipality may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.
F. Remedies Cumulative: The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one or more of the remedies set forth herein has been sought or granted. (Ord. 2020-11 § 1: Ord. 2009-06 § 1)
13.24.100: APPEALS:
Pursuant to Utah code, any person aggrieved by the imposition of a civil penalty or damage assessment as provided by this chapter may appeal said penalty or damage assessment to the municipality's governing body.
A. Appeals To Be In Writing: The appeal shall be in writing and filed with the municipal recorder or clerk within fifteen (15) days after the civil penalty and/or damage assessment is served in any manner authorized by law.
B. Hearing: Upon receipt of an appeal, the municipality's governing body shall hold a hearing within thirty (30) days. Ten (10) days' notice by registered mail shall be provided to the aggrieved party, such notice to be sent to the address provided by the aggrieved party at the time of appeal. The decision of the governing body of the municipality shall be final.
C. Appealing Decisions Of The Municipality's Governing Body: Any alleged violator may appeal a decision of the municipality's governing body pursuant to the provisions of the Utah code. (Ord. 2020-11 § 1: Ord. 2009-06 § 1)
13.24.110: FEES:
Each developed parcel of real property in Santa Clara City shall be charged a stormwater utility fee.
A. ESU: The fee shall be based on the number of equivalent service units (ESUs) contained in the parcel. The city council finds that the ESU is the most accurate measurement for determining the amount that each parcel contributes to, benefits from and otherwise uses the storm sewer utility.
B. Calculation: Santa Clara City council finds that each single-family residential parcel contributes approximately the same amount of stormwater runoff; therefore each developed single-family residential parcel shall pay a base rate of one ESU. All developed nonsingle-family residential parcels shall pay a multiple of this base rate, expressed in ESUs, according to the measured impervious area on the parcel.
C. Charge Per ESU: The amount charged for each ESU shall be established by resolution of the Santa Clara City council.
D. Exemptions And Credits: Santa Clara City council may establish exemptions and credits to the stormwater utility fee by resolution.
E. Policies: The public services department may adopt policies, consistent with this chapter and any resolution passed by the Santa Clara City council, to assist in the application, administration and interpretation of this chapter and any resolutions related to the stormwater utility.
F. Appeals: Any person or entity that believes that any decision made under the stormwater utility rate resolution was interpreted or applied incorrectly may appeal to the public services director ("director") or the director's designee. The appeal shall be in writing, shall state any facts supporting the appeal and shall be made within ten (10) days of the decision, action, or bill being appealed. The public services director shall decide the appeal within ten (10) days of when the appeal was filed. If the person or entity is not satisfied with the public services director's decision, a further appeal may be made to the city council. The appeal to the city council shall follow the same procedure as the appeal to the public services director. The city council's decision shall be final and binding on all parties. (Ord. 2020-11 § 1: Ord. 2009-06 § 1)
13.28.010: STREETS SUPERVISOR:
A. There is created the position of streets supervisor, which shall have general supervision of streets, sidewalks, bridges, and other public ways.
B. This position shall come under the general supervision of the public services director. (Ord. 2010-13)
13.28.020: POWERS AND DUTIES OF STREETS SUPERVISOR:
The streets supervisor shall:
A. Have charge of the construction, maintenance and repair of streets, sidewalks, bridges, curbs, gutters, culverts, drains, waterways and other public ways; and shall have control of all waters flowing on the streets, sidewalks and public ways whether originating from storm, flood, drainage or irrigation waters;
B. Keep a record of and promptly investigate all complaints of defective streets, culverts, drains, ditches, sidewalks, and other public ways and, when proper, repair, replace or take such action as deemed best, and shall record the action taken on each complaint;
C. Enforce the provisions of this chapter and all other ordinances relating to the maintenance and use of streets, culverts, drains, ditches, waterways, curbs, gutters, sidewalks and other public ways;
D. Repair, or cause to be repaired, all defects coming to the city's attention and take responsible precautions to protect the public from injuries due to such defects pending their repair. (Ord. 2010-13)
13.08.010: ELECTRIC POWER DEPARTMENT AND SYSTEM:
The electric power department of the city is created. It shall administer the operation and maintenance of the electric power system of the city. (Ord. 1989-1 § 1: prior code § 14-310)
13.08.020: SUPERINTENDENT:
There is created the position of superintendent of the electric power department. (Ord. 1989-1 § 1: prior code § 14-311)
13.08.030: DUTIES OF SUPERINTENDENT:
The superintendent of the electric power department shall manage and supervise the city electric power system pursuant to the provisions of this part and pursuant to resolutions, rules, and regulations adopted by the city council from time to time prescribing his or her powers and duties and directing the manner and frequency with which he or she shall make reports to the mayor relating to the electric power system. All of the functions and activities of the superintendent shall be carried on under the direction of the mayor. (Ord. 1989-1 § 1: prior code § 14-312)
13.08.040: GENERAL:
This electric power service chapter is designed to govern the supplying and utilization of electric power service consistent with prudent utility practice and with safety to customers and to the department. All rate schedules are on file in the office of the city recorder and copies are obtainable by any customer without charge upon request. The city council may supplement this electric power service chapter with such administrative rules, forms, and specifications as may be necessary to properly enforce and administer this chapter and the applicable rate schedules and to effect compliance with the intent of the same. (Ord. 1989-1 § 1: prior code § 14-313)
13.08.050: DEFINITIONS:
The following expressions, when used in this electric power service chapter, in rate schedules, and in service agreements, shall, unless otherwise indicated, have the meanings given below:
CITY: City of Santa Clara, Utah, or the city of Santa Clara electric power department.
CONNECTED LOAD: The combined nominal rated capacity of all motors or other energy consuming devices installed on the customer's premises, which may, at the will of the customers, be operated with energy supplied by the department.
CUSTOMER: Any individual, partnership, association, firm, public or private corporation, or governmental agency receiving the department's service at any specified location.
CUSTOMER'S INSTALLATION: The department will furnish and install necessary meter or meters, and the customer shall provide and maintain locations for installation thereof, free of expense and satisfactory to the department. No meter shall be installed on an interior wall of a building nor shall any construction be performed that will cause an installed meter to be enclosed within a building or other similar structure.
DEPARTMENT: City of Santa Clara electric power department.
ELECTRIC SERVICE: The availability of electric power and energy, irrespective of whether any electric power and energy is actually used. Supplying of service by the department consists of the maintenance by the department, at the point of delivery, of approximately the established voltage and frequency by means of facilities adequate for carrying the customer's proper load.
HORSEPOWER: The equivalent to seven hundred fifty (750) watts.
INDETERMINATE SERVICE: Service to residential, commercial, or industrial customers (except as defined herein as temporary service) when the use of service, both as to amount or permanency, cannot be reasonably assured. Indeterminate service shall include, but is not limited to:
A. Service to mines, quarries, oil wells, industrial manufacturing, and large commercial enterprises to speculative character;
B. Real estate subdivisions;
C. Mobile homes and recreational vehicles;
D. Property being developed for sale;
E. Enterprises where the applicant will not be the user of service;
F. Locations where there is little or no immediate demand for service by any other customer;
G. Seasonal service.
METER: The meter or meters, together with auxiliary devices, if any, constituting the complete installation needed to measure the power and energy supplied to any individual customer at a single point of delivery.
MONTH: An interval of approximately thirty (30) days between successive meter reading dates, except when the calendar month is specified.
NOTICE: Unless otherwise specified, a written notification delivered personally or mailed by one party to the other at such other party's last known address, the period of notice being computed from the date of such personal delivery or mailing.
PERMANENT SERVICE: Service to residential, commercial or industrial customers when the use of service, both as to amount and permanency, can be assured. To be classified as permanent service, the power using facilities must be in place at the date of classification.
POINT OF DELIVERY: The customer's service terminal, or the point where the department's wires are joined to the customer's wires or apparatus, unless otherwise specified in the customer's service agreement.
RATE SCHEDULE: Electric rate tariffs, as adopted by the city.
SERVICE AGREEMENT: The agreement or contract between the department and the customer pursuant to which service is supplied and taken.
SERVICE FACILITIES:
Service Drop: The wires owned by the department connecting the department's distribution system to the customer's service entrance conductors.
Service Entrance Conductors: The portion of the customer's installation to which the department's service drop is connected.
STANDBY SERVICE: Service to a load for which the customer has available an alternative source of power other than that provided by the department.
TEMPORARY SERVICE: Service to customers when the use of service is of a temporary nature or the ventures are of such uncertain speculative character as their permanency is questionable. Temporary service may include, but is not limited to:
A. Construction work;
B. Circuses;
C. Bazaars;
D. Fairs;
E. Concessions and similar enterprises;
F. Mining or oil and gas production operations during a preliminary development period. (Ord. 1989-1 § 1: prior code § 14-314)
13.08.060: SERVICE AGREEMENTS:
A. Form And Execution Of Service Agreements: Each applicant for service shall make a written application on the department's standard form, or execute a formal contract. The department's standard application form, when signed by the department's authorized representative, as well as the customer, becomes a binding service agreement. Receipt of electric power service shall constitute an agreement to abide by all provisions of the standard application form and this electric power service chapter.
B. Implied Service Agreement: In the absence of a signed service agreement, the delivery of electric power service by the department and acceptance thereof by the customer shall be deemed to constitute an agreement by and between the department and the customer for delivery and acceptance of electric power service under the terms and conditions in this electric power service chapter.
C. Term Of Service Agreement: Unless otherwise provided, service agreements are to continue in effect for an initial period of one month where a new service is provided.
D. Expiration Or Renewal Of Service Agreements: Unless otherwise provided, each service agreement will automatically extend from its expiration date for additional successive periods of one month each, unless and until either party has notified the other in writing not less than thirty (30) days prior to the end of any such period of its desire to terminate such agreement.
E. Department's Rights To Cancel Service Agreement Or To Suspend Service: For any default or breach of the service agreement by the customer, including failure to pay bills within the specified period, the department, in addition to all other legal remedies, may terminate the service agreement or suspend service at the location where such default has occurred. No such termination or suspension, however, will be made by the department without ten (10) days notice to the customer, stating in what particular manner the service agreement has been violated, except that no notice need to given in cases of theft or unauthorized use or disposition of service by the customer, or where in the department's judgment the customer is violating or threatening to violate the provisions of this electric power service chapter or other ordinances, laws, or codes. Also, no notice need be given in case of short circuit, or other dangerous conditions on the customer's side of the point of delivery, or in case of utilization by the customer of service in such manner as to cause danger to persons or property, or to jeopardize service to the customer or to others. Failure of the department at any time after any such default or breach either to suspend supply of service, or to terminate the service agreement, or to resort to any other legal remedy, or its failure to exercise on any one or more of such remedies, shall not affect the department's right to resort thereafter to any one or more of such remedies for the same or any future default or breach by the customer.
F. Cancellation Of Service Agreement: Unless otherwise provided in the service agreement, where the customer entirely suspends operations with the intention to permanently abandon them, the service agreement may be canceled by written notice to the department not less than thirty (30) days before the date upon which service is to be terminated. Suspension of operation by the customer without notification shall not release the customer from his or her prior obligations.
G. Change Of Address Of The Customer:
1. When the customer changes his or her address, he or she shall give notice thereof to the department at least three (3) days prior to the date of change. The customer will be held responsible for all service supplied to the vacated premises until such notice has been received and the department has had a reasonable time, but not less than three (3) days, to discontinue service.
2. If the customer moves to an address at which he or she requires electric power service for any purposes specified in his or her service agreement, and at which address the department has such service available under the same rate schedule, the notice shall be considered as the customer's request that the department transfer such service to the new address; but if the department does not have such service available at the new address, the old service agreement shall, at the option of the department, either be considered canceled or the customer remains liable thereunder. If the department has service available at the new address to which a different rate schedule applies, a new service agreement, including the applicable rate schedule, will be offered to the customer. The department will make transfers of service as promptly as reasonably possible after receipt of notice.
H. Successors And Assigns: Service agreements shall inure to the benefit of and be binding upon the respective heirs, legal representatives, or successors by operation of law, of the parties thereto. The customer may assign his or her service agreement to a third party only with the written consent of the department. The department may, without the customer's consent, assign any service agreement to any person or corporation, in any lawful way acquiring or operating all or any part of the department's property used in supplying service under such agreement. (Ord. 1989-1 § 1: prior code § 14-315)
13.08.070: SUPPLYING AND TAKING OF SERVICE:
A. Power Supply: The department supplies alternating current at approximately sixty (60) cycles. Secondary distribution voltages are available at 120/240 volts, 120/208 volts, and 277/480 volts. The department may, at its option, provide other voltages. All voltages are nominal and subject to standard variation. The standard amperage shall be two hundred (200) amps.
B. Supply Of Service: Service will be supplied only under and pursuant to this electric power service chapter, and any modifications or additions thereto, and such applicable rate or rates as may from time to time be adopted. Service will be supplied under a given rate schedule only at such point of delivery as are adjacent to facilities of the department and are adequate and suitable as to capacity and voltage for the service desired. Otherwise, special agreements between the customer and the department may be required.
C. Continuity Of Service: The department will use reasonable diligence to supply steady and continuous service, but does not guarantee the service against irregularities or interruptions. The department shall not be liable to the customer for any injury, loss, or damages occasioned by or related to irregularities or interruptions from whatever cause, nor shall such irregularity or interruption constitute a default in the service agreement or on the part of the department.
D. Compliance With Regulations: If compliance with orders or formal requests of any governmental agency, curtailing or diverting the department's available electric power resources, make it impossible for the department to supply the full electric power requirements of all its customers, the department shall not be liable for any injury or loss caused by the resultant curtailment, in whole or in part, of its supply to any customer. If any such curtailment reduces the amount of power available to a customer below the minimum amount contracted for, such a customer shall be relieved of the obligation to pay more than the amount of power from time to time made available by the department. Such other adjustments in amounts payable by the customer will be made as may be equitable, taking into consideration the time and extent of curtailment. Inability on the part of the department to meet its contractual obligations to any customer, when such inability is due to the department's compliance with an order or formal request of a governmental agency, shall not constitute default on the part of the department as to any contract or agreement, and any contract or agreement affected by such compliance shall remain in full force and effect except as necessarily modified during the effective period of such order or formal request.
E. Suspension Of Service For Repairs And Changes: When necessary to make repairs or changes in the department's electrical facilities or other property, the department may, without incurring any liability, suspend service for such periods as may be reasonably necessary and in such manner as not to inconvenience the customer unnecessarily.
F. Use Of Service: Service shall be supplied directly to the customer through the department's own meter, and shall be used by the customer only for the purposes specified in and in accordance with the provisions of the service agreement. Service shall be for the customer's use only, and under no circumstances may the customer or the customer's agent or any other individual association or corporation install meters or other apparatus or facilities for the purpose of remetering or reselling or otherwise disposing of service supplied the customer to lessees, tenants, or others, except in accordance with a service agreement of the department which specifically authorizes such use of the service. In no case shall the customer, except with the consent of the department, extend or connect his or her installation to lines across or under a street, alley, lane, court, or avenue, or other public or private space in order to obtain service from an adjacent property through one meter, even though such adjacent property be owned by the customer. In case such unauthorized remetering, sale, extension, or other disposition of service, the department may immediately discontinue the supplying of service to the customer until such unauthorized remetering, sale, or act is discontinued and full payment is made for all service supplied or used, billed on proper classification rate schedules, and reimbursement in full is made to the department for all extra expenses incurred, including attorney fees and expenses for clerical work, testing, and inspections.
G. Right Of Way: Without reimbursement, the customer shall make a proper conveyance to the department of right of way satisfactory to the department across the property owned by or controlled by the customer for the department's lines or extensions thereof necessary or incidental to the supplying of service to the customer.
H. Access To Premises: The duly authorized agents of the department shall have access at all reasonable hours to the premises of the customer for the purpose of inspecting wiring and apparatus, removing or replacing the department's property, reading of meter, and all other purposes incident to the supplying of electric power service. It shall be the responsibility of the customer to provide access that is safe and free of obstruction at all times. In the event the department determines, in its discretion, that the access provided is not safe or is not free of obstruction, it shall give the customer notice that the customer must remove the unsafe condition and/or obstruction within ten (10) days of the notice. In the event the customer fails to comply with the terms of the notice, the city may do either of the following:
1. The city may estimate for each month the electrical consumption at the premises and use that estimate for purposes of charging the customer for electrical consumption.
2. The city may without further notice discontinue electric power service at the premises. If the city elects to estimate the electrical consumption, that estimate shall equal the highest monthly level of metered consumption at the premises during the preceding twelve (12) months, plus an additional twenty five percent (25%). The estimate of consumption determined by the city shall be binding upon the customer. The fact that the city estimates consumption for one or more months shall not preclude it from subsequently electing to terminate electric power service if the customer has not removed the unsafe condition and/or obstruction.
I. Location Of Customer's Service Entrance Conductors: The customer's service entrance conductors shall be located at a point readily accessible to the department's service drop, such point to be determined by the department. (Ord. 1989-1 § 1: prior code § 14-316)
13.08.080: CUSTOMER'S INSTALLATION:
A. Customer's Facilities For Receiving Service: The customer's facilities for receiving shall be installed in accordance with the department's standards and national electric code. The department's specifications mentioned above are on file at the department's office and are made part of this electric power service ordinance. The customer shall not employ or utilize any equipment, appliance, or device so as to affect adversely the department's service to the customer or to others. When polyphase service is supplied by the department, the customer shall control the use thereof so that the load at the point of delivery will be maintained in reasonable electric balance between the phases.
B. Power Factor Correction And Voltage Control:
1. The department reserves the right to require the customer to install, at his or her expense, such power factor corrective and/or load limiting equipment as is necessary for the department.
2. When fluorescent, neon, zeon, or other hot or cold cathode types of gaseous tube lighting having similar power factor characteristics are installed and used, the customer may be required to furnish, install, and maintain, at his or her own expense, corrective apparatus designed to maintain at not less than approximately ninety percent (90%) lagging the power factor or each unit of such equipment or group of such equipment controlled as a unit by a single switch or its equivalent which controls any such unit. Similarly, all air conditioning equipment installed after the effective date of this electric power service chapter shall be equipped so that when in operation, the power factor is not less than ninety percent (90%) lagging.
3. Where the customer installs power factor corrective equipment, the department reserves the right to require the customer to install such controls as are necessary, in the department's opinion, to prevent voltage or other disturbances on the department's system that are detrimental to the service furnished other customers.
4. The department shall have the right to refuse or discontinue service to any such installation, until the customer has complied with the foregoing provisions.
C. Phase Of Motors:
1. Individual motor installations requiring less than five (5) horsepower shall be single phase. Motors not exceeding one-half (1/2) horsepower shall be for one hundred fifteen (115) volts; and motors of one-half (1/2) horsepower to five (5) horsepower shall be for two hundred thirty (230) volts. Exceptions may be served at the option of the department.
2. For installations of motors of five (5) horsepower and over, 3-phase alternating current will be furnished at the voltage stated in the service agreement, but single phase service, at the option of the department, may be furnished for installation of motors of five (5) horsepower and over, where the department has only single phase service available at the point where the customer desires service.
D. Current-Limiting Devices:
1. Auto starters or other suitable devices shall be provided by the customer for motors having above five (5) horsepower.
2. All motors starting on other than light load shall be provided with suitable device or be of suitable type to limit the starting current.
E. Changes In Installation: Since the department's service drop, transformers, meters, and other facilities used in supplying service to a customer have a definite limited capacity, before making any material changes or increases in the customer's installation or use, the customer shall give notice thereof to the department, and obtain the department's consent thereto. The department as promptly as possible after receipt of such notice will either give its approval to the proposed change or increase, or will advise the customer upon what conditions service can be supplied for such change or increase.
F. Inspection By Department: The department shall have the right, but does not assume the duty, to inspect the customer's installation at any time, and from time to time, the department shall also have the right to refuse to commence or to continue service whenever it does not consider such installation to be in good operating condition, but the department does not in any event assume any responsibility whatever in connection with the customer's installation.
G. Customer's Responsibility: The customer assumes all responsibility on the customer's side of the point of delivery for service supplied or taken, as well as for the electrical installation, appliances, and apparatus used in connection therewith, and shall indemnify the department from and against all loss, cost, damage, or claims for injury or damages to persons or property occasioned by or in any way resulting from such service or the use thereof on the customer's side of the point of delivery. Such indemnity shall extend to cover all expenses, including all attorney fees and court costs, incurred by the department, with or without suit. (Ord. 1989-1 § 1: prior code § 14-317)
13.08.090: DEPARTMENT'S INSTALLATION:
A. Installation And Maintenance: Except as otherwise provided in this electric power service chapter, in service agreements, or rate schedules, the department will install and maintain its lines and equipment on its side of the point of delivery, but shall not be required to install or maintain any lines or equipment, except meters, on the customer's side of the point of delivery. Only the department's agents are authorized to connect the department's service drop to the customer's service entrance conductors.
B. Connections To Customer's Service: The service drop will ordinarily be installed overhead. If the customer desires to have the service drop installed in any other manner, special arrangement will be made between the customer and the department whereby such service drop will be installed and maintained at the customer's expenses.
C. Relocation Of Department Facilities At Customer's Request: When, solely for the customer's convenience, the department is requested to relocate its facilities, the customer shall pay to the department the total cost of making the requested change, as that cost is determined by the department.
D. Protection By Customer: The customer shall protect the department's wiring and apparatus on the customer's premises and shall permit no one but the department's agents or persons authorized by law to inspect or handle same. In the event of any loss or damage to such property of the department caused by or arising out of carelessness, neglect, or misuse by the customer or other unauthorized persons, the cost of making good such damages, including attorney fees and court costs, shall be paid by the customer.
E. Tree Trimming: The department shall regularly review the condition of trees growing in or near public utility easements to determine if potential interference with overhead utility lines might pose a problem by reason of their growth patterns during the growing season of the trees. Trees growing under or near power lines that could potentially interfere with the system will be trimmed no less than ten feet (10') below the nearest line. Consideration of the growth patterns of the particular tree will be taken into account. Trees with rapid growth may be trimmed as much as fifteen feet (15') below the lines. The department will make a reasonable effort to contact property owners before trimming a tree or trees, but where this is not possible, and the crew is in the area with their equipment, the trees will be trimmed. Consideration will be given to the appearance of the trimmed tree, but an owner who is not satisfied with the appearance of his or her tree may at his or her expense shape the tree to his or her liking. This work may be done by the owner or by a commercial company paid by the owner, but is not the responsibility of the city. Access to easements will be obtained from the property owner wherever possible. Debris from trimming operations will be removed by the city crew. Because of the safety hazard and potential for electric shock, owners are advised not to trim their own trees. If the owner does his or her own trimming, he or she agrees by so doing not to hold the city liable for his or her failure to comply with this chapter or for any accident related to his noncompliance. In the event the property owner refuses to permit the city crew to enter the premises to complete the required trimming work, the city shall discontinue electrical power service to such property owner at that location until such permission is given. (Ord. 1989-1 § 1: prior code § 14-318)
13.08.100: METERING:
A. Installation: The department will furnish and install the necessary meter or meters, and the customer shall provide and maintain locations for installation thereof free of expense and satisfactory to the department.
B. Evidence Of Service Use: The registration of the department's meter shall be accepted and received at all times and places as prima facie evidence of the amount of power and energy taken by the customer.
C. Voltage Of Installation: Metering will be at secondary voltage unless otherwise specified in the service agreement.
D. Meter Tests And Bill Adjustments:
1. When the accuracy of a meter is questioned, upon written request from the customer, the department will test the meter by comparing with a standard test meter. If the meter is found to be accurate within plus or minus two percent (±2%), the customer will reimburse the department for the cost of said test. Prior to any test, the department reserves the right to require a deposit to cover said costs.
2. If the meter being tested is found to be more than two percent (2%) slow or fast, no charge shall be made for testing, and the department will adjust the proportion to the error (either fast or slow) for the period covered by the billing in question and until the date of installation of a new meter, but said adjustment period, in any event, shall not exceed ninety (90) days. (Ord. 1989-1 § 1: prior code § 14-319)
13.08.110: BILLING:
A. Billing Periods: Bills ordinarily will be rendered regularly at monthly intervals, but may be rendered more frequently at the department's option. Nonreceipt of bills by the customer shall not release or diminish the obligation of the customer with respect to payment thereof.
B. Minimums: When a customer receives service for less than thirty (30) days during the billing period, the applicable monthly minimum shall apply.
C. Separate Billing For Each Point Of Delivery:
1. At each point of delivery, use of service shall be metered separately for each customer served. Whenever, for any reason, the department furnishes two (2) or more meter installations for a single customer or supplies service under a rate schedule which does not require a meter, each point of metering and/or point of delivery where no meter is required shall be considered as a separate service. A separate service agreement will be required, and bills will be separately calculated for each such separate service, except where the department may, under special circumstances, waive this requirement.
2. For service locations established prior to April 18, 1989, which have more than one meter and which were billed on a conjunctive meter basis under a common rate schedule, the department will continue to bill these locations on a conjunctive meter basis until said multiple meters can be combined into a single meter location.
D. Payment Of Bills: All charges due from the customer become delinquent if not paid on or before the due date set forth on the bill. Upon becoming delinquent, all unpaid balances will be assessed a late charge of five percent (5%). The customer shall pay any attorney fees and court costs incurred in the collection of past due bills. In addition the customer's service may be terminated as provided in the city's uniform utility billing ordinance.
E. Billing Dispute: In the event any portion of any bill is dispute, including questions relating to metering, the disputed amount shall be paid under protest when due. Said protest must be in written form and must be received by the department on or before the due date of the bill in question. The protest shall be referred to the city recorder or his or her designee for resolution. Upon their written determination of the amount due, the customer may appeal to the utilities commission. In the absence of such an appeal, the determination of the department and city recorder shall be final. If protest is not made as herein provided, no adjustment will be made.
F. Tax Adjustment Clause: In the event any governmental body shall impose a gross revenue, occupation, or franchise tax upon the city for power supplied, then the amount of such tax shall be billed to and paid by the customers receiving the power from the city.
G. Theft Of Service: In any case of tampering with a meter installation or interfering with the proper working thereof, or theft of service by any person, the customer shall be liable to immediate discontinuance of service as provided herein, and the department shall be entitled to collect from the customer at the appropriate rate for all power and energy not recorded on the meter by reason of such tampering, interfering, or theft or service diversion, as such amount may be estimated by the department from the best available date. The customer shall also pay all expenses, including attorney fees and court costs, incurred by the department in the collection of amounts due or in the remedying of any tampering, interfering, or theft. (Ord. 1989-1 § 1: prior code § 14-320)
13.08.120: SELECTION AND APPLICATION OF RATE SCHEDULES:
A. Selection Of Rate Schedule:
1. When a prospective customer makes application for service, the department will, upon request, assist in the selection of the rate schedule appropriate to the customer for the service requested. The selection will be based on the prospective customer's statement as to the class of service desired, the amount and manner of use, and any other pertinent information. This statement will be recorded and filed with the application. The department shall not be liable for any errors in designating the applicable schedule.
2. If through error a service agreement is entered into specifying a rate schedule which is not applicable to the class of service taken, on discovery of the error, all bills rendered during the preceding twelve (12) months shall be recalculated in accordance with the lowest properly applicable rate schedule, and any excess paid shall be applied on any outstanding balance owing by the customer or, if no balance is owing, shall be refunded by the department, or any balance due shall be paid by the customer, as the case may be. No adjustments may be made for service provided more than twelve (12) months prior to the date on which adjustment is first requested in writing.
B. Distinction Between Residential And Commercial Service: Service rendered through one meter to apartment houses and to recognized rooming and/or boarding houses will be considered commercial service.
C. Lighting On Power Schedules: Lighting service will not be supplied under any power rate schedules unless it is so specified in such power rate schedule, and when so supplied the customer will provide and maintain all auxiliary apparatus (transformers, regulators, etc.) that may be necessary. Service supplied to motor generators, any portion of the output of which is used for lighting purposes, shall be considered lighting service.
D. Temporary And Standby Service:
1. Temporary and standby service shall not be rendered except under a special agreement between the department and the customer unless the temporary service is provided during construction where a permanent service will be established.
2. In no event will the department supply power and energy for the purpose of starting or furnishing excitation or other auxiliary service necessary to the operation of any of the customer's generating plant or for parallel operation of the customer's generating equipment with the department's system except under a special agreement between the department and the customer. (Ord. 1989-1 § 1: prior code § 14-321)
13.08.130: DEPOSITS:
A. When Required: The department, at the time application for electric power service is made or anytime thereafter, may require a cash deposit or guarantee satisfactory to the department to secure the payment of bills as they become due. Such deposit or guarantee may be held in its entirety by the department until final settlement of the customer's account. The amount of such deposit may be equivalent of the estimated cost of service for ninety (90) days, as estimated by the department.
B. Refunds: Deposits shall be refunded upon the customer's request after a satisfactory payment history of twenty four (24) months. Deposits shall be credited to the customer's bills for electric power service. If the customer is terminating service and that customer's deposit balance remains greater than the customer's last bill, the remaining balance, after crediting the bill, may be refunded directly to the customer. (Ord. 1989-1 § 1: prior code § 14-322)
13.08.140: APPLICATION OF AND CHANGES AND ADDITIONS TO ELECTRIC POWER SERVICE CHAPTER AND RATE SCHEDULES; CONFLICTS:
A. Application Of Electric Power Service Chapter And Rate Schedules: Service agreements that are presently in effect or that may be entered into in the future are made expressly subject to this electric power service chapter and to the applicable rate schedules and any modifications or additions thereto. When practicable, thirty (30) days notice by publication in a local newspaper or by mail, at the department's option, will be given to any of the customers affected by any such change, addition, or substitution.
B. Conflicts: In case of a conflict between any provision of this electric power service chapter, a customer's service agreement, or a rate schedule, the provisions of the service agreement take precedence, followed by the provisions of the rate schedule.
C. Miscellaneous: Any provisions of this chapter held invalid shall be ineffective to the extent of such invalidity without affecting or invalidating the remaining provisions of this chapter. The chapter supersedes and repeals that portion of any ordinance or resolution that is inconsistent with the provisions of this chapter. (Ord. 1989-1 § 1: prior code § 14-323)
13.08.150: OPERATION OF CITY ELECTRICAL SYSTEM:
The electrical power department is created and hereinafter referred to in this chapter as "the department". It shall be comprised of all the property, equipment and personnel necessary to maintain and operate the municipality's electrical power system.
The department shall administer the operation and maintenance of the municipal electrical power system under the general supervision of the city council. All hiring of employees shall be done in accordance with the city's personnel policies and procedures. This section does not, in any manner, prohibit the city council from contracting the maintenance services to a private vendor. (Ord. 1988-1: prior code § 14-511.1)
13.08.160: REAL ESTATE AND CONTRACTS:
The city council, for the efficient and economical operation of the department, may enter into contract to: a) sell its products and services to the public and private corporations and to other consumers; b) construct power generating plants, transmission lines, and other facilities; c) purchase real estate and franchises; d) purchase power; and e) lease property which may be necessary for the proper operation of the electrical system. (Ord. 1988-1: prior code § 14-511.2)
13.08.170: EXTENSIONS OF SERVICES; FEES:
The council may adopt regulations governing extensions of services of the department both inside and outside the city limits. The regulations shall provide the conditions under which the extensions shall be made to render compensatory and shall provide that each extension project shall, when completed, become the property of the city whether on public or private property. The council may provide for the form of refunds where advances by the persons benefitted are necessary to make extensions compensatory. (Ord. 1988-1: prior code § 14-511.3)
13.08.180: USE OF PUBLIC RIGHTS OF WAY:
The department may use the property over, under or along any public street, sidewalk or other right of way in the operations of the department; but said department shall in all cases be subject to applicable general regulations of the city and cause the surface of the public way to be restored to its usual condition. (Ord. 1988-1: prior code § 14-511.4)
13.08.190: SERVICE RATES:
The city council, after recommendation by the power board, shall fix rates to be charged for electricity sold and services rendered by the department. Rates shall be fair, reasonable, and compensatory and shall be uniform for all consumers within the same class; but different rate schedules may be applied to different classes of consumers as determined by the council. Rates within the city limits may be less but shall be no greater than for the same class of consumers outside the city limits. Rates shall be sufficient to pay all operating and maintenance expenses of the department and all bond interest and redemption costs of the electrical power system. The council may require reasonable deposits as security for the payment of charges for services and may provide for the return of said deposits when satisfactory consumer credit has been established.
The city offices shall administer the collection of any and all funds generated by the department.
The rates charged for electric services shall be established by resolution of the city council after recommendation of the power board. (Ord. 1988-1: prior code § 14-511.5)
13.08.200: ADVERTISING:
The city council, after recommendation from the power board, may authorize reasonable expenditures to advertise and promote the use of services of the department and to acquaint the public with the operations, programs and planned expansion of the department and the city electrical power system. (Ord. 1988-1: prior code § 14-511.6)
13.08.210: BUDGET AND RECORDS:
The power board shall furnish a proposed budget for the department to the city council no later than May 1 of each fiscal year so that it may be incorporated in the general budget of the city. Said proposed budget shall be subject to a review process as outlined in title 10-6-111 Utah Code Annotated.
The accounts and records of the department shall be maintained by city offices, but shall be kept separately from the general accounts and funds of the city except as may be otherwise specifically provided by state law or other city ordinances.
The council shall have the power to transfer to the city treasury all surplus funds which in their best judgement will not be needed for the proper operation, maintenance, bond payments and care of the department. This transfer to be made at the close of each operational year of the department. (Ord. 1988-1: prior code § 14-511.7)
13.08.220: JOINT OPERATIONS:
The city council may contract with any public agency or private corporation or other municipality or individual for the joint use of poles and other property belonging to the city or to the other party. The city council may also contract with any other party for the joint acquisition of real property and franchises, and the joint financing, construction, operation and maintenance of power generating facilities, transmission lines and other property. (Ord. 1988-1: prior code § 14-511.8)
13.08.230: RECONNECTION FEE:
Any person desiring reconnections of service to the Santa Clara City electrical power system after said service has been turned off, shall be required to pay, in advance, the sum of thirty dollars ($30.00) for an inside the city limits electrical reconnection fee and the sum of forty dollars ($40.00) for an outside the city limits electrical reconnection fee. (Ord. 1988-1: prior code § 14-511.9)
13.08.240: RENTER DEPOSIT:
A. All renters or tenants of commercial, residential or other property shall pay a deposit, in advance, of commencement of electrical service. Said deposit shall be in addition to the regular monthly or other periodic payments for electricity. Such deposits shall be in an amount established by resolution of the city council.
B. Such deposits shall be received by the city treasurer and deposited in the general account of the city and shall be retained by the city so long as any services have not been paid for in full. The city shall use such amount of said deposit as is needed to pay any delinquent charges for such services not paid for by the tenant or renter.
C. The city council may by resolution require the landlord or owner of rental property to be responsible for the payment of electrical power services furnished to the property, whether or not the landlord or owner resides upon the property. In addition, the landlord or owner may be required to post such deposits with the city as the governing body may deem appropriate to ensure the payment for electrical services. (Ord. 1988-1: prior code § 14-511.10)
13.08.250: PAYMENT OF ELECTRICAL COSTS:
All charges for electricity shall be paid for monthly by the consumer. Any consumer failing, neglecting or refusing to pay such charges by the twentieth day of the month shall be assessed a ten percent (10%) penalty. Consumers whose accounts are delinquent in excess of thirty (30) days shall also be subject to having their electric current shut off by the department. (Ord. 1988-1: prior code § 14-511.11)
13.08.260: THEFT OF ELECTRICITY:
It is unlawful for any person to use electric current ahead of the meter or to use, employ or follow any other procedure or device for obtaining electricity without paying therefor or to aid, abet, encourage or assist any other person in so doing. (Ord. 1988-1: prior code § 14-511.12)
13.08.270: ACCESS TO PREMISES:
Free access at all reasonable hours shall be allowed employees of the department to all premises supplied with electrical service. All meters shall be outside of the building which they serve and readily accessible and mounted five (5) to seven feet (7') above the ground. Variations in mounting of the meter must be approved in advance by the department. It shall be unlawful for any person to interfere with or obstruct the employees of the department in the performance of their duties. (Ord. 1988-1: prior code § 14-511.13)
13.08.280: DAMAGE TO SYSTEM:
It is unlawful for any person to take down, remove, damage, obstruct, displace, destroy or otherwise interfere with any power line or equipment or any part thereof, or to sever or damage any wire or cable thereof, or in any manner to interrupt the transmission of electricity along such line, or damage in any manner whatsoever any building or structure or machinery connected therewith. (Ord. 1988-1: prior code § 14-511.14)
13.08.290: TURNING ON CURRENT:
It is unlawful for person to turn on the electric current to his or hers or any other premises or to use any electric current from the city system without written permission from the department. (Ord. 1988-1: prior code § 14-511.15)
13.08.300: CITY NOT LIABLE:
Santa Clara City and its power system shall not be held liable for damages to any electric user by reason of a stoppage, fluctuation of voltage, or interruption of his or her electrical service caused by accident to power plant, service or transmission lines, alterations, additions, repairs or other unavoidable causes. (Ord. 1988-1: prior code § 14-511.16)
13.08.310: VIOLATION; PENALTY:
In addition to other penalties provided by law, any person violating the provisions of this chapter shall be guilty of a misdemeanor and shall be punished as prescribed by law. (Ord. 1988-1: prior code § 14-511.17)
13.08.400: AVAILABILITY:
Santa Clara City ("city") desires to encourage the use of renewable resources with Santa Clara City electric customers ("customers") by making available a meter capable of providing the necessary accounting to allow the customer to displace electric energy otherwise purchased from the city or to provide electric energy to the city ("net meter"). The net meter will be available to any electric customer connected to the Santa Clara City's electric distribution system provided that the customer installs a solar, wind, or other city approved renewable generation resource ("renewable resource") on the customer's side of the meter, subject to the application provisions. (Ord. 2013-08)
13.08.410: APPLICATION PROVISIONS:
The customer must make an application to Santa Clara City and receive approval from the city before installing an interconnected renewable resource on their property. Santa Clara City may withhold approval if for any reason the requested interconnection would result in a negative monetary or physical impact on the city's electrical system. The city may approve the agreement if there is no physical negative impact, but may terminate this agreement at any time if it is determined to have an adverse monetary impact.
A. By accepting this net metering policy, the customer hereby agrees to the following provisions:
1. The monthly electrical output of the renewable resource shall not be greater than one hundred twenty percent (120%) of the historical maximum monthly energy consumption at a single point of delivery of the customer.
2. A renewable resource installed by the customer shall include, at the customer's expense, all equipment necessary to meet applicable safety, power quality and interconnection requirements established by the national electric code ("NEC"), national electric safety code ("NESC") and shall be manufactured and installed to interconnection standards that meet or exceed the Institute Of Electrical And Electronics Engineers, Inc. ("IEEE") standard 1547 for interconnecting distributed resources with electric power systems and Underwriters Laboratories, Inc. ("UL") standard 1741, inverters, converters and controllers for use in independent power systems.
3. The customer shall be required to install a manual disconnect that is within five feet (5') of the meter location, readily accessible by city personnel and outside of any fenced in area. The disconnect switch shall be lockable and shall be labeled as "generation disconnect".
4. The city shall install and maintain a new revenue meter for the customer, at the customer's expense. In addition, any subsequent revenue meter change necessitated by the customer, whether because of a decision to stop net metering or for any other reason, shall be an expense billed to the customer at the applicable service rates.
5. By accepting this agreement the customer releases to the city all renewable energy credits ("RECs"), solar renewable energy credits ("SRECs") or other renewable attributes as appropriate based on actual on site electric generation from the renewable resource.
6. The customer will comply with all city service and utility billing requirements, including payments for applicable monthly electrical base rates and other utility billings, fees and taxes.
7. The customer will comply with all installation requirements, applicable inspection fees, building and electric codes of the city.
8. The customer's facility used for net metering shall be equipped with metering equipment, which can measure the flow of electricity in both directions at the same rate. For customer facilities less than ten (10) kilowatts ("kW") in rated capacity, this shall be accomplished through the use of a single, bidirectional electric revenue meter which has only a single register for billing purposes.
9. The city shall make net metering available to eligible customers on a first come, first served basis. Single or multiple net metering connections to a city owned transformer, which create an imbalance that exceeds twenty percent (20%) of the nameplate, rating may be denied at the city's discretion or, if approved may require system upgrades including additional transformers or other system upgrades at the customer's expense.
10. Net metering connections to city facilities above or greater than industry standard, secondary voltages shall not be allowed under this policy and shall be reviewed by the city under a separate review and approval process, which may include a system impact study. Renewable resource connections to transmission lines within the city are prohibited.
11. If the net metering project requires special engineering studies as determined by the city, the customer shall be responsible for all costs. An estimate of costs shall be provided by a licensed engineering firm as determined by the city and payment will be made by the customer, to the city, before the engineering study is approved. Final billing for the study will be trued up upon completion and the customer shall be billed for any amount above, or their electric account credited, for any amount below the initial estimate.
12. The customer shall be solely responsible for all work, and costs incurred, for installation and maintenance of the renewable resource. All modifications or improvements required to the city's electric system due to the customer's installation of facilities shall be paid for by the customer. (Ord. 2013-08)
13.08.420: INSPECTION:
Upon approval and installation of a renewable resource, but before interconnection to the net meter, the city shall inspect the renewable resource, installation and interconnection and approve or disapprove the interconnection. The city may disapprove any final interconnection for any reason.
A. The city shall have the right to inspect the customer's renewable resource during reasonable hours and with reasonable prior notice to the customer. If the city finds that the customer's renewable resource is not in compliance with the requirements of the city's interconnection rules and the standards set forth in this policy, and noncompliance adversely affects the safety or reliability of the city's facilities or other customer's facilities, the city may require the customer to disconnect the facility until compliance is achieved.
B. If the city disconnects the renewable resource, the customer shall receive in a timely manner, a written explanation of the disconnection. The customer shall have the right to correct the situation and petition the city to reestablish an interconnection. (Ord. 2013-08)
13.08.430: ENERGY RATES AND PAYMENTS:
The customer shall be subject to the following provisions for service under this policy:
A. For all kWh delivered by the city the customer shall pay the normal city rate for customer service, as if the customer had not installed a renewable resource.
B. The city shall credit the customer's bill for kWhs only that exceeds the customer's on site consumption of kWh in the billing period following the billing period of excess production at four cents ($0.04) per kWh.
C. On June 1 of each calendar year any remaining unused credit accumulated for a period of greater than thirty (30) days of historical monthly usage, shall be relinquished by the customer with no compensation by the city to the customer.
D. If a home with a renewable resource is sold, any remaining credits will be applied to the electrical billing for kWh consumption with any remaining unused credits above the total billing relinquished to the city.
E. Net metering credit shall only be applied to offset part or all of the customer's own electrical requirements at a single metering point exclusively. Net metering credit shall not be applied to multiple meters owned by a single customer at separate locations.
F. This agreement is between the electric customer and the city. Nothing in this policy allows for the purchase or sale of energy produced by the customer to or from a third party. Renewable resources on rental units are not eligible for net metering under this policy.
G. The city reserves the right to modify or amend this policy, the city's avoided cost rate, the displacement ratio, or the monthly service charge, upon reasonable advance notice to the customer (30 days). (Ord. 2013-08)
13.08.440: LIABILITY:
The customer shall be responsible for any damage caused by the customer's renewable resource to the city's distribution system and other customer facilities. The customer shall be responsible for the installation and maintenance of applicable protection equipment, and for any damage caused by improper application, maintenance or faulty equipment. The city will not be liable directly or indirectly for permitting or continuing to allow an attachment of a renewable resource, or the acts or omissions of the customer's renewable resource that cause loss or injury, including death, to any third party.
Application for the customer's net metering, within a homeowners' association ("HOA"), must be accompanied by a letter of approval of the net metering installation, signed by the chairman of the board at the time of application. The letter must include a copy of the minutes showing a majority vote of approval. The city is not liable for any violation of existing CCRs within an HOA, related to the customer's installation of a renewable resource.
Neither the city nor the customer shall be subject to any liability or damages due to the inability of the city to serve the customer's load, due to lack of energy from either the city or the renewable resource.
Neither the city nor the customer shall be subject to any liability or claims for damages due to the inability of equipment manufacturers or vendors to provide equipment or repairs essential for the safe operation of the system in a timely manner. (Ord. 2013-08)
13.08.450: FORMS:
Forms for the net metering program are on file in the city. (Ord. 2013-08)
13.16.010: SEWER DEPARTMENT AND SYSTEM:
The sewer department is created. It shall comprise all of the property, equipment and personnel necessary to the maintenance and operation of the city's sewage collection and disposal system. The department shall administer the operation and maintenance of the city sewer system. (Prior code § 14-211)
13.16.011: DEFINITIONS:
For the purpose of this title, certain words and terms are defined as follows:
PRIVATE SEWER LATERAL: Any sewer system tributary to the public sewer main serving private residential or commercial projects not specifically designed for general city use and not maintained by the city.
PUBLIC SEWER MAIN: Any sewer system built to city standards and formally accepted by the city which receives or transports wastewater from private sewer laterals to treatment facilities. This shall include main, collector, trunk, and outfall lines, lift stations, and accompanying manholes and support features. (Ord. 2002-02 § 1: prior code § 14-211)
13.16.020: SUPERINTENDENT OF SEWER DEPARTMENT:
There is created the position of superintendent of the sewer department. (Prior code § 14-212)
13.16.030: DUTIES OF SUPERINTENDENT:
The superintendent of the sewer department shall manage and supervise the city's sewer system under the direction of the city council which from time to time shall by resolution or otherwise prescribe his or her powers and duties and direct the manner and frequency with which he or she shall make reports to the mayor relating to the sewer system. (Prior code § 14-213)
13.16.040: APPLICATION FOR SEWER SERVICE:
Any person who desires or is required to secure sewer service when such service is available from the city sewer systems shall apply therefor to the recorder and file an agreement with the city which shall be in substantially the below stated form:
APPLICATION FOR SEWER SERVICE
(Date)
THE CITY OF SANTA CLARA:
The under undersigned hereby applies for sewer services from the city for premises located at and hereby agrees to pay charges for such sewer services as shall be fixed by the city council of the city by resolution or ordinance until such time as I shall direct such service to be discontinued.
In the event of a failure to pay for this service within the due dates fixed by the city council or of a failure of the occupant of the premises to conform to the ordinances and regulations established by the city council relating to the use of the sewer system, the city shall have the right to discontinue my water service from the city water system until all delinquencies and any reconnection fees imposed are paid in full or until any failure to conform to the sewer ordinances or regulations issued thereunder is eliminated.
Additionally, I agree that the city shall have the right to institute collection proceedings by all means available to it, including suit in a court of proper jurisdiction. The applicant agrees to pay all costs of collection including court costs and attorney's fees.
The undersigned agrees to be bound by the rules, regulations resolutions or ordinances enacted or adopted by the city council of the city applicable to the city's sewer system.
(signed)
(Prior code § 14-214)
13.16.050: NONOWNER APPLICANTS; AGREEMENT BY OWNER:
Applications for sewer services made by the tenant or an owner must in addition to the above requirement be guaranteed by an agreement signed by the owner of the premises or his or her duly authorized agent to the following effect:
In consideration of the acceptance of the application for sewer service submitted by (any present or future tenant) , I, or we, will pay for all sewer services furnished to such tenant, or other occupant of (premises) , in case such tenant or occupant shall fail to pay for the same according to the ordinances, resolutions, rules or regulations of the city.
(owner)
(Prior code § 14-215)
13.16.060: RATES AND CONNECTION FEES:
The rates, penalty fees for delinquency in payment and collection fees for sewer services from the city sewer system shall be fixed from time to time by resolution or ordinance of the city council. The city council may from time to time enact rules for levying, billing, guaranteeing and collecting charges for sewer services and all other rules necessary for the management and control of the sewer system. (Prior code § 14-216)
13.16.070: SPECIAL RATES:
The city council may from time to time fix by agreement or resolution special rates and conditions upon such terms as they may deem proper for users of the sewer service discharging wastes of unusual characteristics or making use thereof under exceptional circumstances. (Prior code § 14-217)
13.16.080: BOARD OF EQUALIZATION, RATES AND REBATES:
The city council is constituted a board of equalization of sewer rates to hear complaints and make corrections of any assessments or charges deemed to be illegal, unequal, or unjust. (Prior code § 14-218)
13.16.090: USE OF SEWER SYSTEM MANDATORY; EXCEPTION:
It is unlawful for the owner or any other person occupying or having charge of any premises within the city which are located within three hundred feet (300') of a sewer main to dispose of sewage therefrom by any means other than by use of the city sewer system. It is unlawful to construct or to continue the use of any other sewage disposal system such as a privy, vault, cesspool, or septic tank on the property except by written approval of the city council in cases of undue hardship; provided, however, that use of a temporary sewage disposal system shall be provided for use on the sites of all construction of residential, business and other facilities within the city. All construction sites shall have placed thereon at least one Port-A-John facility which shall be maintained by the owner of the property and the contractor, and used by all construction personnel during the construction, unless the contractor has first arranged for other such facilities, acceptable to the building inspector, which is located within two hundred feet (200') of the construction site, to be used during the construction by all construction personnel. (Ord. 93-84 § 1: prior code § 14-220)
13.16.100: QUALIFIED PLUMBING NECESSARY:
It is unlawful for any person to connect any drain or sewer pipe with the city sewer system unless the person is a duly licensed plumber or unless, in the absence of a duly licensed plumber, any proposed connection to, alteration of, or change of connection to the sewer system shall be first submitted to the sewer superintendent for review and approval. After such approval, the installation or work done shall be subject to inspection by the superintendent or his or her agent. (Prior code § 14-221)
13.16.110: PERMITS FOR INSTALLATIONS:
It is unlawful for any person to directly or indirectly engage in the laying, repairing, altering or connecting of any drain or sewer pipe connected with or part of the city sewer system without first having received a permit from the office of the recorder or the sewer superintendent. (Prior code § 14-222)
13.16.120: WHEN PERMITS SHALL NOT BE ISSUED:
Permits to connect to the city sewer system shall not be issued unless the plumbing in the house or building to be connected is in accordance with the provisions of the building and plumbing codes of the city. (Prior code § 14-223)
13.16.130: REVOCATION OF PERMITS:
All construction permits for sewer connections or installations shall be issued to the plumber who is to do the work or to the owner of the property, subject to the supervision and inspection by the superintendent or his agents. The recorder or superintendent may at any time revoke a permit because of defective work or because of undue delay in completing the permitted work. (Prior code § 14-224)
13.16.140: PIPES TO BE KEPT IN GOOD REPAIR:
All users of the sewer services shall keep their service pipes, connections, and other apparatus in good repair and protected from frost at their own expense. No person, except under the direction of the sewer superintendent, shall be allowed to dig into the street for the purpose of removing or repairing any sewer service pipe or main. (Prior code § 14-225)
13.16.150: QUALITY OF SERVICE PIPE:
All service and other pipes used in conjunction with the sewer services of the city shall be of such material, quality and specifications as the city council may from time to time by resolution provide and shall be installed at such distances below ground as may be specified by regulations relating to the sewer department. All work, alterations or extensions affecting sewer pipes shall be subject to the acceptance of the sewer superintendent, and no connections with sewer mains shall be made without first obtaining a permit therefor from the recorder. (Prior code § 14-226)
13.16.160: DEPARTMENT TO HAVE FREE ACCESS:
The sewer superintendent and his or her agents shall at all ordinary hours have free access to places supplied with sewer services from the city system for the purpose of examining the apparatus, ascertaining the sewer service being used and the manner of its use. (Prior code § 14-227)
13.16.170: TRIAL SEWER SURVEY:
In order to determine the feasibility of connecting a basement or proposed basement to the sanitary sewer, the owner or plumber may make an application for a trial sewer survey, the cost of which shall be as established from time to time by resolution of the city council. The result of a trial sewer survey shall not constitute a permit to connect to the sewer and is merely for information purposes. (Prior code § 14-228)
13.16.180: PROHIBITED USES:
A. Inflammables: It is unlawful for any person to injure, break or remove any part or portion of any sewer appliance or appurtenance, or to discharge into a sewer any inflammable gas, gasoline or oil, any calcium carbide or residue therefrom, or any liquid or other materials or substance which will emit an inflammable gas when in contact with water, sewage or fire. Oil separators installed in any building where volatile fluids are used must not be connected directly or indirectly with a sewer.
B. Waste Pipes From Enumerated Establishments: The contents of waste pipes from water filters, gas engines, air compressors, vacuum or dry cleaners, garages, wash racks, stores or warehouses containing inflammable substances, car barns, buildings for the stabling or keeping of horses, cows and other animals, or plants using milk or processing milk products, and all similar establishments shall not be disposed of through connection with a sanitary sewer unless such contents are discharged into settling tanks properly trapped and vented. The construction of such tanks must be approved by the city engineer, and must be subject to his or her inspection, approval, or condemnation before cement is poured and at all times thereafter until completion of such construction. Upon condemnation by the city engineer, the sewage from the tanks shall not be allowed to flow into the sewer until satisfactory alterations have been made and the construction approved by the city engineer.
C. Obstructive Material: It is unlawful for any person to empty or discharge into the public sanitary sewer any garbage, refuse or other similar matter or substance likely to obstruct the sewer, or any substance, solid or liquid other than the waste products for which the sewer is provided.
D. Drainage Waters And Destructive Materials: It is unlawful for any person to connect with a public sanitary sewer any drain or pipe which discharges rainwater, cellar or surface water, acids, alkalies, lye or other injurious liquids, or the contents of any spring, flowing well, creek, ditch, or other watercourses. No boiler or heating plant shall be directly connected to the sanitary sewer. The overflow from boilers or heating plants, when cooled to a temperature not to exceed one hundred twenty degrees Fahrenheit (120°F), will be allowed to run to a sump, which sump shall be connected to the sewer. The discharge of the contents of waste pipes from water filters, gas engines, air compressors, vacuum or dry cleaners, garages, wash racks, stores or warehouses which contain inflammable substances, buildings, for the stabling or keeping of horses, cows and other animals, and all similar establishments, shall not be made into or connected with a sanitary sewer, unless such contents are discharged into settling tanks properly trapped and vented. Settling tanks shall be constructed of a material approved by the superintendent and shall be at all times subject to his or her inspection and approval or condemnation. Upon condemnation by the superintendent, the sewage from said tanks shall not be allowed to flow into sewer until satisfactory alterations have been made and the construction approved by the superintendent. (Prior code § 14-231)
13.16.190: REGULATIONS:
The city council shall have power to and retains the right to adopt regulations controlling the manner and circumstances under which the sewer system may be used in addition to the regulatory provisions set forth expressly in this chapter. (Prior code § 14-232)
13.16.200: OWNERSHIP OF CONNECTING LINES:
The city shall operate and maintain all public sewer mains. Property owners shall be responsible for maintaining private sewer laterals from the public sewer main to the building regardless of whether the lateral is within a public street, easement or on private property. (Ord. 2002-02 § 1: prior code § 14-233)
13.16.210: SEWER MANHOLES:
It is unlawful for any person to open any sewer manhole without permission from the superintendent. (Prior code § 14-234)
13.16.220: DESTRUCTION:
It is unlawful for any person to destroy, deface, injure or interfere with the operation of any part or appurtenance of the sewer system. (Prior code § 14-235)
13.22.010: PURPOSE AND POLICY:
This chapter sets forth uniform requirements for users of the publicly owned treatment works for the St. George Regional Water Reclamation Facility and enables the City of Santa Clara City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code [USC] section 1251 et seq.), and the General Pretreatment Regulations (title 40 of the Code of Federal Regulations (CFR) part 403), and the Utah Administrative Code R317-8-8. This chapter shall apply to all users of the publicly owned treatment works. This chapter authorizes the issuance of individual wastewater discharge permits; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. The objectives of this chapter are:
A. To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation or contaminate the resulting sludge;
B. To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, the atmosphere, or otherwise be incompatible with the publicly owned treatment works;
C. To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations found in 40 CFR part 503;
D. To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment, and the general public;
E. To promote reuse and recycling of wastewater and sludge from the publicly owned treatment works;
F. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and
G. To enable SGRWRF to comply with its Utah Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the publicly owned treatment works is subject. (Ord. 2018-09)
13.22.020: ADMINISTRATION:
Except as otherwise provided herein, the Santa Clara Public Services Director (hereinafter "Manager") shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Manager may be delegated by the Manager to a duly authorized St. George Regional Water Reclamation Facility employee. (Ord. 2018-09)
13.22.030: ABBREVIATIONS:
The following abbreviations, when used in this chapter, shall have the designated meanings:
BMP | Best Management Practice |
BMR | Baseline Monitoring Report |
BOD | Biochemical oxygen demand |
CFR | Code of Federal Regulations |
COD | Chemical oxygen demand |
DWQ | State of Utah, Department of Environmental Quality, Division of Water Quality |
EPA | U.S. Environmental Protection Agency |
FOG | Fats, oils and grease |
FOGS | Fats, oils, grease and soil |
gpd | Gallons per day |
IU | Industrial user |
mg/L | Milligrams per liter |
POTW | Publicly owned treatment works |
RCRA | Resource Conservation and Recovery Act |
SGRWRF | St. George Regional Water Reclamation Facility |
SIU | Significant industrial user |
TSS | Total suspended solids |
UPDES | Utah Pollutant Discharge Elimination System |
USC | United States Code |
(Ord. 2018-09)
13.22.040: DEFINITIONS:
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.
ACT OR THE ACT: The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC section 1251 et seq., and any subsequent amendments thereto.
APPROVAL AUTHORITY: The State of Utah, Department of Environmental Quality, Division of Water Quality (DWQ), or its successor agency.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER: A. If the user is a corporation:
1. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
2. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, and is authorized to sign documents on behalf of the corporation in accordance with corporate procedures, and where the manager has the duty to:
a. Make major capital investment recommendations;
b. Initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; or
c. Ensure that necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements;
B. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
C. If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or its designee.
D. The individuals described in subsections A through C of this definition, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Manager.
BEST MANAGEMENT PRACTICES OR BMP: The schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in subsections 13.22.100A and B of this chapter. BMPs include, but are not limited to, treatment requirements, operating procedures and practices to control plant site runoff, spillage, leaks, sludge, waste disposal, or drainage from raw materials storage. BMPs may be developed by the Pretreatment Program as a local limit to control discharges from SIU as needed.
BIOCHEMICAL OXYGEN DEMAND OR BOD: The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty degrees centigrade (20°C), usually expressed as a concentration (e.g., mg/L).
BYPASS: The intentional diversion of waste streams from any portion of a user's treatment facility.
CATEGORICAL INDUSTRIAL USER OR CIU: An industrial user subject to a categorical pretreatment standard or categorical standard.
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: Any regulation containing pollutant discharge limits promulgated by EPA, in accordance with sections 307(b) and (c) of the Act (33 USC section 1317), that apply to a specific category of users, and that appear in 40 CFR chapter I, subchapter N, parts 405 - 471.
CHEMICAL OXYGEN DEMAND OR COD: A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
CITY: The City of Santa Clara City, State of Utah.
COLOR: The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density.
COMPOSITE SAMPLE: The samples resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time, to minimize the effect or the variability of the individual samples. This sampling should be in accordance with 40 CFR part 403 appendix E sub-part I - Composite Method.
CONTROL AUTHORITY: The St. George Regional Water Reclamation Facility or SGRWRF.
DAILY MAXIMUM: The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
DAILY MAXIMUM LIMIT: The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
ENVIRONMENTAL PROTECTION AGENCY OR EPA: The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
EXISTING SOURCE: Any source of discharge that is not a "new source".
GRAB SAMPLE: A sample that is taken from a wastestream, without regard to the flow in the wastestream, and over a period of time not to exceed fifteen (15) minutes.
HAZARDOUS WASTE: Waste as defined in 40 CFR 261.3, incorporated herein and made a part hereof.
INDIRECT DISCHARGE OR DISCHARGE: The introduction of pollutants into the POTW from any nondomestic source which is regulated under section 307(b), (c) or (d) of the Act (including septage waste discharged into the POTW).
INSTANTANEOUS LIMIT: The maximum or minimum concentration (or load) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete, grab or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE: A discharge that alone, or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; therefore, it is a violation of SGRWRF's UPDES permit, or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations, including, but not limited to: a) section 405 of the Act; b) the Solid Waste Disposal Act, including title II commonly referred to as the RCRA; c) any State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the Solid Waste Disposal Act; d) the Clean Air Act; e) the Toxic Substances Control Act; and f) the Marine Protection, Research, and Sanctuaries Act.
LOCAL LIMIT: Specific discharge limits developed to protect the POTW in accordance with 40 CFR 403.5 and enforced by SGRWRF upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in subsections 13.22.100A and B of this chapter. The technically based local limits and development documents are kept on file at the SGRWRF office and can be reviewed if requested.
MANAGER: The person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter. Manager also means a duly authorized representative of the Manager.
MEDICAL WASTE: Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
MONTHLY AVERAGE: The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
MONTHLY AVERAGE LIMIT: The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month, divided by the number of "daily discharges" measured during that month.
NEW SOURCE: A. Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
1. The building, structure, facility, or installation is constructed at a site at which no other source is located; or
2. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
3. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
B. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection A2 or A3 of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
C. Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
1. Begun, or caused to begin, as part of a continuous onsite construction program:
a. Any placement, assembly, or installation of facilities or equipment; or
b. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
2. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.
NON-CONTACT COOLING WATER: Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
PASS THROUGH: A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of SGRWRF's UPDES permit, including an increase in the magnitude or duration of a violation.
PERSON: Any individual, partnership, co-partnership, firm, company, corporation, limited liability company, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.
pH: A measure of the acidity or basicity of a solution, expressed in standard units.
POLLUTANT: Any pollutant, including, but not limited to: dredged spoils; solid waste; incinerator residue; filter backwash; sewage; garbage; sewage sludge; munitions; medical wastes; chemical wastes; biological materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; Municipal, agricultural and industrial wastes; and, certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
PRETREATMENT: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties, in wastewater, prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by: a) physical, chemical, or biological processes; b) process changes; or c) other means. Pretreatment cannot be obtained by diluting the concentration of the pollutants, unless allowed by an applicable pretreatment standard.
PRETREATMENT COORDINATOR: The person designated by SGRWRF to coordinate the SGRWRF Pretreatment Program, charged with certain duties and responsibilities under the ordinance as directed and delegated by the Manager. A technically skilled position, the Pretreatment Coordinator, or his or her designee, performs surveillance, administrative duties, and related work in monitoring compliance, and is a liaison with IUs of the SGRWRF.
PRETREATMENT STANDARDS OR STANDARDS: Pretreatment standards shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the Act, which applies to IUs, which includes, but is not limited to, prohibited discharge standards, categorical pretreatment standards, and local limits.
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES: Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 13.22.100 of this chapter.
PUBLICLY OWNED TREATMENT WORKS OR POTW: A treatment works, as defined by section 212 of the Act (33 USC section 1292), which is owned by the SGRWRF. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature, and any conveyances, which convey wastewater to a treatment plant. It also includes sewers, pipes and other conveyances if they convey wastewater to a POTW. The term also means the Municipality as defined in section 502(4) of the Act, which has jurisdiction over the indirect discharges to, and the discharges from, such a treatment works.
SEPTIC TANK WASTE: Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
SEWAGE: Human excrement and gray water (household showers, dishwashing operations, etc.).
SIGNIFICANT INDUSTRIAL USER (SIU): Except as provided in subsection C of this definition, a significant industrial user is:
A. An industrial user subject to categorical pretreatment standards; or
B. An industrial user that:
1. Discharges an average of twenty five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, non- contact cooling, and boiler blowdown wastewater);
2. Contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
3. Is designated as such by SGRWRF on the basis that it has a reasonable potential for adversely affecting the POTW's operation, or for violating any pretreatment standard or requirement.
C. Upon a finding that a user meeting the criteria in subsection B of this definition has no reasonable potential for adversely affecting the POTW's operation, or for violating any pretreatment standard or requirement, SGRWRF may at any time, on its own initiative, or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SLUG LOAD OR SLUG DISCHARGE: Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 13.22.100 of this chapter. A slug discharge is any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non- customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violates the POTW's regulations, local limits or permit conditions.
STORMWATER: Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
TOTAL SUSPENDED SOLIDS, OR TSS, OR SUSPENDED SOLIDS: The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
UPSET: Any exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. Upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
USER, OR INDUSTRIAL USER, OR IU: A source of indirect discharge.
WASTEWATER: Liquid and water-carried industrial waste and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER TREATMENT PLANT OR TREATMENT PLANT: The portion of the POTW which is designed to provide treatment of Municipal sewage and industrial waste.
WATERS OF THE STATE 1 : All streams, lakes, ponds, marshes, water- courses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this State or any portion thereof. Waters of the State does not include bodies of water confined to, and retained within, the limits of private property, and which do not develop into or constitute a nuisance, or a public health hazard, or a menace to fish and wildlife. (Ord. 2018-09)
13.22.100: PROHIBITED DISCHARGE STANDARDS:
A. General Prohibitions: No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, State, or local pretreatment standards or requirements.
B. Specific Prohibitions: No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
1. Pollutants which will create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed- cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) (60°C) using the test methods specified in 40 CFR 261.21;
2. Pollutants which will cause corrosive structural damage to the POTW, including, but not limited to, discharges with a pH lower than 5.0, unless the works is specifically designed to accommodate such discharges;
3. Pollutants which will cause corrosive structural damage to the POTW, including, but not limited to, discharges with a pH greater than 12.0;
4. Solid or viscous pollutants in amounts which will cause obstruction of the flow in the POTW resulting in interference;
5. Any pollutant, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW;
6. Any wastewater having a temperature greater than one hundred forty degrees Fahrenheit (140°F) (60°C), or which will inhibit biological activity in the SGRWRF resulting in interference, but in no case in such quantities that cause the temperature at the SGRWRF headworks to exceed one hundred four degrees Fahrenheit (104°F) (40°C);
7. Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;
8. Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, exceeding one hundred milligrams per liter (100 mg/L);
9. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause worker health and safety problems;
10. Any trucked or hauled pollutants, except at discharge points designated by the POTW, see section 13.22.230 of this chapter;
11. Any noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance, a hazard to life, or prevent entry into the sewers for maintenance or repair;
12. Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating SGRWRF's UPDES permit;
13. Any wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;
14. Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, and unpolluted wastewater, unless specifically authorized by the Manager;
15. Any sludges, screenings, or other residues from the pretreatment of industrial wastes;
16. Any discharge of medical waste that causes or contributes to pass through or interference;
17. Any wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test; or
18. Any waste containing detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW.
C. Discharge: Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. (Ord. 2018-09)
13.22.110: NATIONAL CATEGORICAL PRETREATMENT STANDARDS:
A. National categorical pretreatment standards, specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a POTW by existing or new industrial users in specific industrial subcategories, have been established by EPA in 40 CFR chapter I, subchapter N, parts 405 - 471 and are hereby incorporated.
B. Users must comply with categorical pretreatment standards found at 40 CFR chapter I, subchapter N, parts 405 - 471.
C. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Manager shall impose an alternate limit in accordance with 40 CFR 403.6(e). (Ord. 2018-09)
13.22.120: STATE PRETREATMENT STANDARDS:
State of Utah pretreatment standards, established by the Utah Administrative Code R317-8-8, are hereby incorporated. Any user subject to a State pretreatment standard is required to comply with the applicable standard. (Ord. 2018-09)
13.22.130: LOCAL LIMITS:
A. The Manager is authorized to establish local limits pursuant to 40 CFR 403.5(c).
B. Local limits apply at the point where the wastewater is discharged to the POTW. All limits set for metallic substances are for total metal unless indicated otherwise. The Manager may impose mass limitations in addition to the concentration-based limitations. The development documents for local limits are kept at SGRWRF offices and may be reviewed upon request.
C. The Manager may develop Best Management Practices (BMPs), by ordinance, or in individual wastewater discharge permits, to implement local limits and the requirements of section 13.22.100 of this article.
D. No user shall discharge pollutants in excess of the local limits established by the Manager. (Ord. 2018-09)
13.22.140: SGRWRF'S RIGHT OF REVISION:
The SGRWRF reserves the right to establish, by ordinance, or in individual wastewater discharge permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this chapter. In addition, the Manager is authorized to temporarily or permanently revoke or suspend issuance of any type of permit at any time, in order to protect the POTW from pass through or interference, or in order to maintain compliance with any UPDES permit requirement or Pretreatment Program requirement. The Manager shall also have the right to deny new or increased contributions, or to set additional conditions on such contributions, to protect the POTW, including limits that may be more stringent than the approved local limits. (Ord. 2018-09)
13.22.150: DILUTION PROHIBITION:
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment, to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Manager may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in any other case when the imposition of mass limitations is appropriate. (Ord. 2018-09)
13.22.160: WASTEWATER SYSTEM:
A. Application For Wastewater Service: Any person desiring to secure, or required to secure, wastewater service, when such service is available from the City, shall apply to the Water Services Director, or to such other person designated by the Water Services Director, and shall pay the required fees before any wastewater connection is approved. By applying for a wastewater connection, such person agrees to be bound by this chapter and all applicable policies and regulations pertaining to the City POTW.
B. Mandatory Use Of Wastewater System:
1. Residential:
a. Residential Subdivisions: Residential subdivision developments are subject to City policy regarding use of, and connection to, the POTW, as well as this chapter.
b. Residential Dwelling Unit: It is mandatory that any residential dwelling unit shall be connected to the wastewater system at the expense of the owner or occupant thereof.
(1) The sole exception shall be for single residential lot not within a platted subdivision where said lot is one acre or greater in size. In such case, a private wastewater disposal system may be utilized if a delay improvement agreement is approved and executed with the City, and easements are provided where required. Before commencement of construction of any private wastewater disposal system, the property owner or person seeking to install a private wastewater system shall submit plans, specifications, and other information deemed necessary to the Utah Department of Health, and obtain a written permit from it for installation thereof. The type, capacity, location, and layout of a private wastewater disposal system shall comply with all requirements of the Utah Department of Health. The owner of a private wastewater disposal system shall at all times operate and maintain the same in a sanitary manner and at no expense to the City.
(2) When, in the discretion of the Wastewater Manager, a private wastewater disposal system ceases to operate effectively or creates a sanitation hazard, direct connection to the public wastewater system may be required by the Manager, in which case the private wastewater disposal system shall be closed, and its facilities disconnected and properly decommissioned.
2. Commercial, Industrial, And Other Buildings: It is mandatory that all commercial, industrial, and other buildings with wastewater service be connected to the public wastewater system. Private wastewater disposal systems shall not be allowed.
3. Disconnecting Or Refusing Supply: In addition to other available enforcement actions, the City may enforce the wastewater connection requirements imposed in this section by disconnecting or refusing to supply the culinary water servicing the premises until proper connection to the wastewater system has been made.
C. Ownership Of Connecting Lines: Unless provision is expressly made otherwise for ownership of laterals or lines by the owner of the adjacent property through a written agreement, all lines and laterals connecting the City POTW to a landowner or user's premises shall be deemed to be the property of the landowner/user, and all operation and maintenance shall be at the landowner's/user's expense. The City shall not be liable for blockage or flow interference in laterals or connecting lines before they connect to the City wastewater line.
D. POTW Connections: Connection to, or extension of, the City wastewater main for use by a user shall be the sole responsibility of the user. Acceptance of any wastewater facility by the City for public use and maintenance, shall not occur until such facility has been inspected and approved for compliance with all City, State, and Federal requirements.
E. Inspection Of POTW Connections: Any connection to, extension of, or modification of, the wastewater system shall be under the direction of the Water Services Director, and inspection of such shall be made by the appropriate inspector after installation in every case. No backfilling shall be done until the inspection is made, and the work accepted. In the event of an installation, repair, or alteration, where no building permit is required, there shall be no connection, directly or indirectly, with the wastewater system without notification to, and approval in advance from, the Water Services Director or his designated representative, as well as the inspection after installation required above. A reasonable inspection fee shall be paid for any inspection made under this subsection.
F. Quality Of Installations And Maintenance: All wastewater mains, manholes, service laterals and other materials used in conjunction with the wastewater system shall be of such quality and specifications as required by the "City of Santa Clara Standard Specifications for Design and Construction", as last revised. It shall be unlawful for any person to connect any drain or service line to the POTW system unless such person is a contractor properly licensed by the State. After installation, all private service pipes, connections and other apparatus shall be maintained in good repair at the user's expense. No person shall be allowed to dig into the street for purposes of installing, repairing or maintaining any service pipes, connections or other apparatus except under the direction of the Water Services Director or his designated personnel who shall at all reasonable times have free access to drains and wastewater lines connecting with the wastewater system for the purpose of examination and inspection. (Ord. 2018-09)
13.22.200: PRETREATMENT FACILITIES:
Users shall provide wastewater treatment as necessary to comply with this chapter, and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in section 13.22.100 of this chapter, within the time limitations specified by EPA, the State, or the Manager, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Manager for review, and shall be acceptable to the Manager before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to SGRWRF under the provisions of this chapter. (Ord. 2018-09)
13.22.210: ADDITIONAL PRETREATMENT MEASURES:
A. Whenever deemed necessary, SGRWRF may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW, and determine the user's compliance with the requirements of this chapter.
B. The Manager may require any person discharging into the POTW to install and maintain, on their property, and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization.
C. Grease, oil, and sand interceptors, such as described by the International Plumbing Code, shall be provided when, in the opinion of the Manager, they are necessary for the proper handling of wastewater containing excessive amounts of liquid waste, floatable grease, oil, or sand; except, such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the Manager, and shall be located to be easily accessible for cleaning and inspection, and away from building entrances and exits. Such interceptors shall be cleaned, repaired, and maintained by the user at its expense.
D. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
E. Sampling manholes shall be located in an area to allow for ease of cleaning, sampling and inspection by the user and SGRWRF. If located in a parking area, parking shall not be allowed on or over the sampling manhole. (Ord. 2018-09)
13.22.220: ACCIDENTAL DISCHARGE/SLUG DISCHARGE CONTROL PLANS:
The Pretreatment Coordinator shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan, or other actions to control slug discharges. The Pretreatment Coordinator may require any user to develop, submit for approval, and implement, such a plan, or take such other action that may be necessary to control slug discharges. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
A. Description of discharge practices, including non-routine batch discharges;
B. List and description of stored chemicals;
C. Procedures for immediately notifying the Manager of any accidental or slug discharge, as required by section 13.22.525 of this chapter; and
D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. (Ord. 2018-09)
13.22.230: HAULED WASTEWATER:
A. Septic tank waste may be introduced into the POTW only at locations designated by the Manager, and at such times as are established by the Manager. Such waste shall not violate article 1 of this chapter or any other requirements established by SGRWRF. The Manager may require septic tank waste haulers to obtain individual wastewater discharge permits.
B. The discharge of hauled industrial wastes as "industrial septage" requires prior approval and an individual wastewater discharge permit from the SGRWRF. The Manager shall have authority to prohibit the disposal of such wastes, if disposal would interfere with the treatment plant operations or violate article 1 of this chapter. Waste haulers are subject to all other sections of this chapter.
C. Waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the waste hauler, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. (Ord. 2018-09)
13.22.300: WASTEWATER ANALYSIS:
When requested by the Pretreatment Coordinator, a user must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The Pretreatment Coordinator is authorized to prepare a form for this purpose, and periodically may require users to update this information. If the user changes or adds a process, the user automatically is required to update the information provided to the Pretreatment Coordinator thirty (30) days prior to the process being changed or added. (Ord. 2018-09)
13.22.310: INDIVIDUAL WASTEWATER DISCHARGE PERMIT REQUIREMENT:
A. No significant industrial user shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the Manager, except that a significant industrial user that has filed a timely application pursuant to section 13.22.320 of this article may continue to discharge for the time period specified therein, unless the Manager has determined the SIU meets the requirements of subsection C of the definition of significant industrial user (SIU) in section 13.22.040 of this chapter.
B. The Manager may require other users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this chapter.
C. Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this chapter, and subjects the wastewater discharge permittee to the sanctions set out in sections 13.22.900 through 13.22.1130 of this chapter. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements, or with any other requirements of Federal, State, and local law. (Ord. 2018-09)
13.22.320: INDIVIDUAL WASTEWATER DISCHARGE PERMITTING; EXISTING CONNECTIONS:
Any user required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this chapter, and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the Pretreatment Coordinator for an individual wastewater discharge permit in accordance with section 13.22.340 of this article, and shall not cause or allow discharges to the POTW to continue after one hundred eighty (180) days of the effective date of this chapter, except in accordance with an individual wastewater discharge permit issued by the Manager. (Ord. 2018-09)
13.22.330: INDIVIDUAL WASTEWATER DISCHARGE PERMITTING; NEW CONNECTIONS:
Any user required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW, shall obtain such permit prior to beginning or recommencing such discharge. An application for an individual wastewater discharge permit, in accordance with section 13.22.340 of this article, shall be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence. (Ord. 2018-09)
13.22.340: INDIVIDUAL WASTEWATER DISCHARGE PERMIT APPLICATION CONTENTS:
A. All users required to obtain an individual wastewater discharge permit shall submit a permit application. All permittees that will be continuing to discharge are required to complete an application sixty (60) days prior to the permit expiring. The SGRWRF may require users to submit all or some of the following information as part of a permit application:
1. Identifying Information:
a. The name and address of the facility, including the name of the operator and owner.
b. Contact information for the authorized representative and the duly authorized representative for the facility, and
c. The description of activities, facilities, and plant production processes on the premises.
2. Environmental Permits: A list of any environmental control permits held by or for the facility.
3. Description Of Operations:
a. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes;
b. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
c. Number and type of employees, proposed hours of operation, and actual hours of operation;
d. Type and amount of raw materials processed (average and maximum per day); and
e. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.
4. Time And Duration Of Discharges: Time and duration of discharges.
5. Monitoring Locations: The location for monitoring all wastes covered by the permit.
6. Flow Measurement: Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in subsection 13.22.110C of this chapter (40 CFR 403.6(e)).
7. Measurement Of Pollutants:
a. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources;
b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Pretreatment Coordinator, of regulated pollutants in the discharge from each regulated process;
c. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported;
d. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 13.22.545 of this chapter. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Pretreatment Coordinator, or the applicable standards to determine compliance with the standard; and
e. Sampling must be performed in accordance with procedures set out in section 13.22.550 of this chapter.
8. Other Information: Any other information as may be deemed necessary by the Pretreatment Coordinator to evaluate the permit application.
B. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
C. Based on information provided by the permittee as required in subsection A of this section, the SGRWRF will determine, within thirty (30) days: 1) if additional information is needed; 2) if a permit is not necessary; or 3) if a permit will be required to be issued before the IU discharge is allowed to the POTW.
D. Should any of the information requested or supplied be considered by the user to be of a confidential nature, the user should request confidential status of specific information in accordance with article 7 of this chapter. Information regarding sampling and analysis of the discharge is not considered confidential information. (Ord. 2018-09)
13.22.350: APPLICATION SIGNATORIES AND CERTIFICATIONS:
A. All wastewater discharge permit applications, user reports, and certification statements shall be signed by an authorized representative of the user, and contain the certification statement required in section 13.22.565 of this chapter.
B. If the designation of an authorized representative is no longer accurate, because for any reason a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters of the company, a new written authorization must be submitted to the Pretreatment Coordinator, satisfying the requirements of this section, prior to or together with any reports being signed by an authorized representative. (Ord. 2018-09)
13.22.360: INDIVIDUAL WASTEWATER DISCHARGE PERMIT DECISIONS:
The Pretreatment Coordinator will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete permit application, the Manager will determine whether to issue an individual wastewater discharge permit. The Manager may approve, conditionally approve, or deny any application for an individual wastewater discharge permit. (Ord. 2018-09)
13.22.400: INDIVIDUAL WASTEWATER DISCHARGE PERMIT DURATION:
An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Manager. Each individual wastewater discharge permit will indicate a specific effective date and expiration date. (Ord. 2018-09)
13.22.410: INDIVIDUAL WASTEWATER DISCHARGE PERMIT CONTENTS:
An individual wastewater discharge permit shall include conditions deemed reasonably necessary by the Manager to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
A. Individual wastewater discharge permits must contain:
1. A statement that indicates the wastewater discharge permit issuance date, effective date, and expiration date.
2. A statement that the wastewater discharge permit is nontransferable without prior notification to, and approval from, the SGRWRF, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
3. Effluent limits, including Best Management Practices, based on applicable pretreatment standards in part 403 of the Code of Federal Regulations, categorical pretreatment standards, local limits, State and local law.
4. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or Best Management Practice) to be monitored, sampling location, sampling frequency, and sample type, based on Federal, State, and local law.
5. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, and local law.
6. Requirements to control slug discharge, if determined by the Manager to be necessary.
7. Requirements to report to the Manager any slug discharge.
8. Requirements to notify the Manager of changes to the industrial user's discharge thirty (30) days prior to the change. The Manager shall approve, conditionally approve, or deny the change prior to the user making the change at the facility that may impact the discharge at the facility to the POTW.
B. Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:
1. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
2. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW;
3. Requirements for the development and implementation of spill control plans, or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
5. The schedule of user charges and fees, for the management of the wastewater discharged to the POTW;
6. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
7. A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, and local standards, including those which become effective during the term of the individual wastewater discharge permit; and
8. Other conditions as deemed appropriate by the Manager to ensure compliance with this chapter, and State and Federal laws, rules, and regulations. (Ord. 2018-09)
13.22.420: PERMIT APPEALS:
An interested person or entity, including the industrial user, may petition the SGRWRF to reconsider the terms of a wastewater discharge permit within fifteen (15) days of the issuance date.
A. Failure to submit a timely petition for review is a waiver of the administrative appeal.
B. In its petition, the appealing party must indicate the wastewater discharge provision objected to, the reason for the objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
C. The effectiveness of the wastewater discharge permit is not stayed pending the appeal.
D. If the SGRWRF fails to act within fifteen (15) days of a petition for reconsideration, it is deemed denied. Denials and decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit, shall be considered final administrative action for purposes of judicial review.
E. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Fifth Judicial District Court in and for Washington County, State of Utah. (Ord. 2018-09)
13.22.430: PERMIT MODIFICATION:
The Manager may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
A. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;
B. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character, since the time of the individual wastewater discharge permit issuance;
C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; or
D. Information indicating that the permitted discharge poses a threat to the POTW, related personnel, receiving waters, or sludge;
E. Violation of any terms or conditions of the individual wastewater discharge permit;
F. Misrepresentations or intentional or unintentional failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
G. Revision of, or a grant of variance from, categorical pretreatment standards pursuant to 40 CFR 403.13;
H. To correct typographical or other errors in the individual wastewater discharge permit; or
I. To reflect a transfer of the facility ownership or operation to a new owner or operator. (Ord. 2018-09)
13.22.440: INDIVIDUAL WASTEWATER DISCHARGE PERMIT TRANSFER:
Wastewater discharge permits may be transferred to a new owner and/or operator only if the permittee gives at least thirty (30) days advanced notice to the Manager, and the Manager approves the wastewater discharge permit transfer. Failure to provide advance notice of such transfer to, and approval from, the Manager, renders the wastewater discharge permit void on the date of facility transfer. The notice to the Manager must include a written certification by the new owner and/or operator which:
A. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
B. Identifies the specific date on which the transfer is to occur;
C. Acknowledges full responsibility for complying with the existing wastewater discharge permit; and
D. Acknowledges the conditions of the permit will not change. (Ord. 2018-09)
13.22.450: INDIVIDUAL WASTEWATER DISCHARGE PERMIT REVOCATION:
A. The Manager may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
1. Failure to notify the Manager of significant changes to the wastewater prior to the changed discharge;
2. Failure to provide prior notification to the Manager of changed conditions pursuant to section 13.22.520 of this chapter;
3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
4. Falsifying self-monitoring reports;
5. Falsifying certification statements;
6. Tampering with monitoring equipment;
7. Refusing to allow the Manager and/or his or her designee timely access to the facility premises and/or records;
8. Failure to meet effluent limitations;
9. Failure to pay fines;
10. Failure to pay sewer charges;
11. Failure to meet compliance schedules;
12. Failure to complete a wastewater survey, or the wastewater discharge permit application or reapplication;
13. Failure to provide advance notice of the transfer of business ownership of a permitted facility;
14. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter; or
15. Upon request by the permittee due to a change in ownership, or the business is moving, or going out of business.
B. Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to that user.
C. Non-compliant industrial users will be notified of the proposed termination of their wastewater permit, and will be offered the opportunity to show cause under these standards why the proposed action should not be taken. However, notwithstanding this or any other provision of this chapter, the Manager may in his or her sole discretion, immediately revoke any discharge permit where the discharge reasonably appears to present an imminent danger to the health or welfare of persons. (Ord. 2018-09)
13.22.460: INDIVIDUAL WASTEWATER DISCHARGE PERMIT REISSUANCE:
A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with section 13.22.340 of this chapter, a minimum of sixty (60) days prior to the expiration of the user's existing individual wastewater discharge permit. (Ord. 2018-09)
13.22.470: REGULATION OF WASTE RECEIVED FROM OTHER JURISDICTIONS:
A. If another municipality, or user located within another municipality, contributes wastewater to the POTW, the Manager shall enter into an intermunicipal agreement with the contributing municipality.
B. Prior to entering into an agreement required by subsection A of this section, the Manager shall request the following information from the contributing municipality:
1. A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
2. An inventory of all users located within the contributing municipality that are discharging to the POTW; and
3. Such other information as the Manager may deem necessary.
C. An intermunicipal agreement, as required by subsection A of this section, shall contain the following terms and conditions:
1. A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits, including required Baseline Monitoring Reports (BMRs) which are at least as stringent as those set out in section 13.22.130 of this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance or local limits;
2. A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
3. A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection, sampling, and enforcement, will be conducted by: a) the contributing municipality; b) the Manager; and c) jointly by the contributing municipality and the Manager;
4. A requirement for the contributing municipality to provide the Manager with access to all information that the contributing municipality obtains as part of its pretreatment activities;
5. Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;
6. Requirements for monitoring the contributing municipality's discharge;
7. A provision ensuring the Manager or his or her designee access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Manager; and
8. A provision specifying remedies available for breach of the terms of the intermunicipal agreement. (Ord. 2018-09)
13.22.500: BASELINE MONITORING REPORTS:
A. Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to, or scheduled to discharge to, the POTW shall submit to the Pretreatment Coordinator a report which contains the information listed in subsection B of this section. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Pretreatment Coordinator a report which contains the information listed in subsection B of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B. Users described above shall submit the following information:
1. Information Required: All information required in section 13.22.340 of this chapter.
2. Measurement Of Pollutants:
a. The user shall provide the information required in subsections 13.22.340A7a through A7e of this chapter;
b. The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this paragraph;
c. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment facility exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e), to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit shall be submitted to the control authority, along with supporting data;
e. The Pretreatment Coordinator may allow the submission of a baseline report which utilizes only historical data if the data provides information sufficient to determine the need for industrial pretreatment measures; and
f. The baseline report shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
3. Compliance Certification: A statement, reviewed by the user's authorized representative as defined in section 13.22.040 of this chapter, and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operations and maintenance (O&M), and/or additional pretreatment, is required to meet the pretreatment standards and requirements.
4. Compliance Schedule: After it is determined that additional pretreatment and/or O&M will be required, user must submit a compliance schedule within thirty (30) days. The compliance schedule shall specify the shortest timeline for the user to provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in section 13.22.505 of this article.
13.22.505: COMPLIANCE SCHEDULE PROGRESS REPORTS:
The following conditions shall apply to the compliance schedule required by subsection 13.22.500B4 of this article:
A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
B. The user shall submit a progress report to the Pretreatment Coordinator no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
C. In no event shall more than nine (9) months elapse between such progress reports to the Pretreatment Coordinator. (Ord. 2018-09)
13.22.510: REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARD DEADLINE:
Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Pretreatment Coordinator a report containing the information described in subsections 13.22.340A6 and A7 of this chapter and subsection 13.22.500B2 of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards, expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with section 13.22.565 of this article. Sampling and analysis shall be performed in accordance with sections 13.22.545 and 13.22.550 of this article. (Ord. 2018-09)
13.22.515: PERIODIC COMPLIANCE REPORTS:
A. All significant industrial users, at a frequency determined by the Pretreatment Coordinator, must submit reports, no less than twice per year (June and December), indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards, and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a Best Management Practice (BMP), or pollution prevention alternative, the user must submit documentation required by the Pretreatment Coordinator or the pretreatment standard necessary to determine the compliance status of the user.
B. All periodic compliance reports must be signed and certified in accordance with section 13.22.565 of this article.
C. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
D. If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Pretreatment Coordinator, using the procedures prescribed in section 13.22.550 of this article, the results of this monitoring shall be included in the report. (Ord. 2018-09)
13.22.520: REPORTS OF CHANGED CONDITIONS:
A. Each user must notify the Pretreatment Coordinator of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change, including changes that may affect slug discharges to the POTW. Significant changes shall be considered to be changes beyond the typical operating range of the user, or changes that would have significant impact on POTW operations.
1. The Pretreatment Coordinator may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 13.22.340 of this chapter.
B. The Manager may approve, conditionally approve, or deny the change based on the effect the change may have on the POTW and/or the Pretreatment Program. (Ord. 2018-09)
13.22.525: REPORTS OF POTENTIAL PROBLEMS:
A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a slug discharge, or slug load, that might cause potential problems for the POTW, the user shall immediately notify either in person or via a phone conversation with the Pretreatment Coordinator of the incident. A phone message does not satisfy this notification requirement. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
B. Within five (5) days following such discharge, the user shall, unless waived by the Manager, submit a detailed written report describing the cause(s) of the discharge, and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property. Such notification shall not relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
C. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees of the notification procedures in the event of a discharge described in subsection A of this section. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
D. Significant industrial users are required to notify the Pretreatment Coordinator immediately of any changes at its facility affecting the potential for a slug discharge. (Ord. 2018-09)
13.22.530: REPORTS FROM UNPERMITTED USERS:
All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports as required by the Pretreatment Coordinator. (Ord. 2018-09)
13.22.535: NOTICE OF VIOLATION/REPEAT SAMPLING AND REPORTING:
If sampling performed by a user indicates a violation, the user shall notify the Pretreatment Coordinator within twenty four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis, and submit the results of the repeat analysis to the Pretreatment Coordinator within thirty (30) days after becoming aware of the violation. Resampling by the industrial user is not required if: a) SGRWRF performs scheduled sampling at the facility at least once a month; b) if SGRWRF performs sampling at the facility, between the time when the initial sampling was conducted, and the time when the user receives the results of the initial sampling; or, c) if SGRWRF has performed the sampling and analysis in lieu of the industrial user, then SGRWRF will perform the repeat sampling and analysis, unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis. (Ord. 2018-09)
13.22.540: NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE:
A. Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred kilograms (100 kg) of such waste per calendar month to the POTW, the notification also shall contain the following information: 1) an identification of the hazardous constituents contained in the wastes; 2) an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month; and 3) an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under section 13.22.520 of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of sections 13.22.500, 13.22.510, and 13.22.515 of this article.
B. Dischargers are exempt from the requirements of subsection A of this section, during a calendar month in which they discharge no more than fifteen kilograms (15 kg) of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen kilograms (15 kg) of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
C. In the case of any new regulations under section 3001 of RCRA, identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user shall notify the Manager, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
D. In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated.
E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable Federal, State, or local law. (Ord. 2018-09)
13.22.545: ANALYTICAL REQUIREMENTS:
A. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application, report, permit or other requirement by this chapter, shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods, or any other applicable sampling and analytical procedures approved by the Pretreatment Coordinator.
B. All laboratory samples collected for this chapter shall be analyzed by a laboratory that is either certified by the Utah Bureau of Laboratory Improvements or approved by the Manager. (Ord. 2018-09)
13.22.550: SAMPLE COLLECTION:
Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
A. Except as indicated in subsections B and C of this section, the user must collect wastewater samples using 24-hour flow- proportional composite sampling techniques, unless time- proportional composite sampling or grab sampling is authorized by the Pretreatment Coordinator. Where time-proportional composite sampling or grab sampling is authorized by SGRWRF, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: 1) for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; and 2) for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters, unaffected by the compositing procedures as documented in approved EPA methodologies, may be authorized by SGRWRF, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds, must be obtained using grab collection techniques.
C. For sampling required in support of baseline monitoring and 90-day compliance reports required in sections 13.22.500 and 13.22.510 of this article, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist. For facilities for which historical sampling data are available, the Pretreatment Coordinator may authorize a lower minimum. For the reports required by section 13.22.515 of this article, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements. (Ord. 2018-09)
13.22.555: DATE OF RECEIPT OF REPORTS:
Written reports are deemed submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date the report is received shall govern. (Ord. 2018-09)
13.22.560: RECORDKEEPING:
Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with BMPs established under subsection 13.22.130C of this chapter. Records shall include: a) the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; b) the dates analyses were performed; c) who performed the analyses; d) the analytical techniques or methods used; and e) the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or SGRWRF, or where the user has been specifically notified of a longer retention period by the Pretreatment Coordinator. (Ord. 2018-09)
13.22.565: CERTIFICATION STATEMENTS:
Certification of permit applications, user reports and initial monitoring waiver. The following certification statement, signed by an authorized representative as defined in section 13.22.040 of this chapter, shall be submitted by users submitting permit applications under section 13.22.350 of this chapter: a) users submitting baseline monitoring reports under subsection 13.22.500B5 of this article; b) users submitting reports in compliance with the categorical pretreatment standard deadlines under section 13.22.510 of this article; and c) users submitting periodic compliance reports required by subsections 13.22.515A through D of this article:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(Ord. 2018-09)
13.22.600: RIGHT OF ENTRY; INSPECTION AND SAMPLING:
The Manager or his or her designee shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter, and any individual wastewater discharge permit or order issued hereunder. Users shall allow the Manager or his or her designee ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and/or the performance of any additional duties. Inspections and monitoring shall be conducted as frequently as determined by the SGRWRF and may be announced or unannounced.
A. Where a user has security measures in force that require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards, so, upon presentation of suitable identification, the Manager shall be permitted to enter without delay for the purpose of performing his or her duties.
B. The Manager shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
C. The Manager may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least annually, or as required per the manufacturer's recommendations and specifications to ensure their accuracy.
D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be removed promptly by the user at the verbal or written request of the Manager and shall not be replaced. The costs of clearing such obstruction and providing safe and easy access shall be borne by the user.
E. Unreasonable delays in allowing the Manager or his or her designee access to the user's premises shall be a violation of this chapter.
F. The location of the monitoring facility shall provide ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis. Whether constructed on public or private property, the monitoring facility should be provided in accordance with the SGRWRF's requirements, and all applicable local construction standard and specifications. Such facilities shall be constructed and maintained in a manner that enables the Manager to perform independent monitoring activities.
G. All significant industrial users will be inspected at least annually including review of facilities and reports.
H. SGRWRF may use a camera to photograph areas of the facility as necessary for carrying out the duties of the Industrial Pretreatment Program including, but not limited to, documentation of the user's compliance status and for reinforcement of written reports. The user shall be allowed to review copies of the photographs for confidentiality claims. (Ord. 2018-09)
13.22.610: SEARCH WARRANTS:
If the Manager or his or her designee has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of SGRWRF designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Manager may seek issuance of a search warrant from a court of competent jurisdiction. (Ord. 2018-09)
13.22.700: RELEASE OF CONFIDENTIAL INFORMATION:
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the Manager inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Manager, that the release of specific information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that specific information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall be redacted and not made available for inspection by the public. Regardless of any such assertion of confidentiality, all information, unredacted, shall be made available immediately upon request to governmental agencies for uses related to the UPDES Program or Pretreatment Program, and in enforcement proceedings involving the person or entity furnishing the report. Wastewater constituents and characteristics, and other effluent data, as defined at 40 CFR 2.302, shall not be recognized as confidential information and shall be available to the public without restriction. (Ord. 2018-09)
13.22.800: PUBLICATION OF SIGNIFICANT NONCOMPLIANCE:
The Manager shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by POTW, a list of the users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates subsection C, D or H of this section) and shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which sixty six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in article 1 of this chapter;
B. Technical review criteria (TRC) violations, defined here as those in which thirty three percent (33%) or more of wastewater measurements taken for the same pollutant parameter during a six (6) month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by article 1 of this chapter multiplied by the applicable TRC criteria (TRC = 1.4 for BOD, TSS, fats, oils and grease, and TRC = 1.2 for all other pollutants except pH);
C. Any other violation of a pretreatment standard or requirement as defined by article 1 of this chapter (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Manager determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
D. Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Manager exercise of its emergency authority to halt or prevent such a discharge;
E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
F. Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s), which may include a violation of Best Management Practices, which the Manager determines will adversely affect the operation or implementation of the local Pretreatment Program. (Ord. 2018-09)
13.22.900: NOTIFICATION OF VIOLATION:
When the Manager finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Manager may serve upon that user a written Notice of Violation, personally or by registered or certified mail (return receipt requested). Within fifteen (15) days of receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, including specific required actions, shall be submitted by the user to the Manager. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the Manager to take any action, including emergency actions or any other enforcement action, before or without issuing a Notice of Violation. (Ord. 2018-09)
13.22.910: CONSENT ORDERS:
The Manager may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to sections 13.22.930 and 13.22.940 of this article and shall be judicially enforceable. (Ord. 2018-09)
13.22.920: SHOW CAUSE HEARING:
The Manager may order a user which has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Manager and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the show cause hearing, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least fifteen (15) days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in section 13.22.040 of this chapter. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 2018-09)
13.22.930: COMPLIANCE ORDERS:
When the Manager finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Manager may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2018-09)
13.22.940: CEASE AND DESIST ORDERS:
When the Manager finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Manager may issue an order to the user directing it to cease and desist all such violations and directing the user to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2018-09)
13.22.950: ADMINISTRATIVE FINES:
A. When the Manager finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Manager may fine such user an amount not to exceed five thousand dollars ($5,000.00). Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
B. Unpaid charges, fines, and penalties shall, after sixty (60) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of one point five percent (1.5%) per month. A lien against the user's real and/or personal property shall be sought for unpaid charges, fines, and penalties.
C. Users desiring to dispute such fines must file a written request for the Manager to reconsider the fine, along with full payment of the fine amount, within thirty (30) days of being notified of the fine. Where a request has merit, the Manager may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereon, shall be returned to the user. The Manager may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2018-09)
13.22.960: EMERGENCY SUSPENSIONS:
The Manager may immediately suspend a user's discharge whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present, or cause, an imminent or substantial endangerment to the health or welfare of persons. The Manager may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension of a permit and/or discharge to the POTW.
A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Manager may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to persons or the environment. The Manager may allow the user to recommence its discharge when the user has demonstrated, to the satisfaction of the Manager, that the period of endangerment has passed, unless the termination proceedings in section 13.22.970 of this article are initiated against the user.
B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution, and the measures taken to prevent any future occurrence. The written statement shall be submitted to the Manager prior to the date of any show cause or termination hearing under section 13.22.920 or 13.22.970 of this article. (Ord. 2018-09)
13.22.970: TERMINATION OF DISCHARGE:
A. Violations Subject To Discharge Termination: In addition to the provisions in section 13.22.450 of this chapter, any user who violates the following conditions is subject to discharge termination:
1. Violation of individual wastewater discharge permit conditions;
2. Failure to accurately report the wastewater constituents and characteristics of its discharge;
3. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
4. Refusal of access to the user's premises for the purpose of inspection, monitoring, or sampling; or
5. Violation of the pretreatment standards in article 1 of this chapter.
B. Notice Of Discharge Termination: User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 13.22.920 of this article why the proposed action should not be taken. Exercise of this option by the Manager shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 2018-09)
13.22.1000: INJUNCTIVE RELIEF:
When the Manager finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Manager may petition the Washington County Fifth District Court through the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement, imposed by this chapter on activities of the user. The Manager may also seek such other and further relief in law or equity, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2018-09)
13.22.1010: CIVIL PENALTIES:
A. A user who has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, shall be liable to the City for a maximum civil penalty of ten thousand dollars ($10,000.00) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
B. The SGRWRF may recover reasonable attorneys' fees, court costs, interest, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any other actual damages incurred by the City.
C. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained by the user from the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2018-09)
13.22.1020: CRIMINAL PROSECUTION:
The SGRWRF will refer to the State of Utah criminal violations of any pretreatment standards or permit conditions. The Attorney General's Office for Utah will offer the City of St. George, wherein the violation occurred, the option to prosecute the violator. Should the local entity decline, the State or EPA, at their discretion, may initiate appropriate criminal action. The SGRWRF will assist the Attorney General's Office or EPA any way it can with appropriate support for the action. The penalties set forth herein are in addition to any other cause of action for personal injury or property damage available under State or Federal law.
A. A user who willfully or negligently violates any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, upon conviction, shall be guilty of a Class A misdemeanor, punishable by a fine of not more than twenty five thousand dollars ($25,000.00) per violation, per day, or imprisonment for not more than one year, or both.
B. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage, upon conviction, shall be guilty of a Class A misdemeanor and be subject to a penalty of not more than twenty five thousand dollars ($25,000.00), per violation, per day, or imprisonment for not more than one year, or both.
C. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, upon conviction, shall be guilty of a third degree felony, and be subject to a penalty of not more than fifty thousand dollars ($50,000.00), per violation, per day, or imprisonment for not more than five (5) years, or both.
D. In the event of a second or subsequent conviction, a user shall be punished by a fine of not more than fifty thousand dollars ($50,000.00) per violation, per day, or imprisonment for not more than five (5) years, or both. (Ord. 2018-09)
13.22.1030: REMEDIES NONEXCLUSIVE:
The remedies provided for in this chapter are not exclusive. The SGRWRF may take any, all, or any combination of these actions, against a noncompliant user, simultaneously or otherwise. Enforcement of pretreatment violations generally will be in accordance with the SGRWRF's enforcement response plan. However, SGRWRF may take other action against a user when the circumstances warrant. Further, SGRWRF is empowered to take more than one enforcement action against a noncompliant user. (Ord. 2018-09)
13.22.1100: PERFORMANCE BONDS:
The Manager may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City of St. George, in a sum not to exceed a value determined by the Manager to be necessary to achieve consistent compliance. (Ord. 2018-09)
13.22.1110: LIABILITY INSURANCE:
The Manager may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge, including, but not limited to, liability insurance. (Ord. 2018-09)
13.22.1120: WATER SUPPLY SEVERANCE:
Whenever a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply. (Ord. 2018-09)
13.22.1130: PUBLIC NUISANCES:
Whenever a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, it hereby is declared a public nuisance and shall be corrected or abated as directed by the Manager. Any person or entity creating a public nuisance shall be subject to the provisions of the City of St. George ordinance (title 4, chapter 2) governing such nuisances, including, but not limited to, reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance. (Ord. 2018-09)
13.22.1200: UPSET:
A. For the purposes of this section, upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. Upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
B. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards, if the requirements of subsection C of this section, are met.
C. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
1. An upset occurred and the user can identify the cause(s) of the upset;
2. The facility at the time was being operated in a prudent and workman-like manner, and in compliance with applicable operation and maintenance procedures; and
3. The user has submitted the following information to the Manager within twenty four (24) hours of becoming aware of the upset, and, if this information is provided orally, a written submission must be provided within five (5) days:
a. A description of the indirect discharge and cause of noncompliance;
b. The period of noncompliance, including exact dates and times, or, if not corrected, the anticipated time the noncompliance is expected to continue; and
c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
D. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
E. Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
F. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility, and until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other situations, the primary source of power of the treatment facility is reduced, lost, or fails. (Ord. 2018-09)
13.22.1210: BYPASS:
A. Definitions: For the purposes of this section:
BYPASS: Means the intentional diversion of wastestreams from any portion of a user's treatment facility.
SEVERE PROPERTY DAMAGE: Means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
B. Allowable Bypass: A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections C and D of this section.
C. Bypass Notifications:
1. If a user knows in advance of the need for a bypass, it shall submit prior notice to the Manager, at least ten (10) days before the date of the bypass.
2. A user shall submit oral notice to the Manager of an unanticipated bypass that exceeds applicable pretreatment standards within twenty four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain: a) a description of the bypass; b) its cause; c) the duration of the bypass, including exact dates and times; d) if the bypass has not been corrected, the anticipated time it is expected to continue; and e) steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Manager, in his or her sole discretion, may waive the written report on a case-by-case basis if the oral report has been received within twenty four (24) hours, and the facts merit the waiver.
D. Bypass:
1. Bypass is prohibited, and the Manager may take an enforcement action against a user, unless:
a. Bypass was unavoidable in order to prevent loss of life, personal injury, or severe property damage;
b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
c. The user submitted notices as required under subsection C of this section.
2. The Manager may approve an anticipated bypass, after considering its adverse effects, if the Manager determines that it will meet the conditions listed in subsection D1 of this section.
3. Bypass shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards, if the requirements of this subsection D are met. (Ord. 2018-09)
13.22.1300: GENERAL:
The following sections are applicable to commercial and industrial users that have the potential to discharge deleterious wastewaters containing elevated levels of fat, oils, grease and/or soil to the POTW. (Ord. 2018-09)
13.22.1310: DEFINITIONS:
The following definitions are supplemental to the St. George pretreatment ordinance and applicable to this article:
COMMERCIAL USER: Any business or public or private entity, except for significant industrial users (SIU), who causes or permits the contribution or discharge of wastewater into the POTW; and who may be regulated, where necessary, to comply with the St. George pretreatment ordinance.
COMMON INTERCEPTOR: One or more interceptors receiving deleterious wastewater from more than one establishment.
FOG: Fats, oil and grease of vegetable and animal origin.
FOGS: Fats, oil, grease (of vegetable and animal origin), petroleum oils (or crude oil origin), and soil (sand, dirt, etc.).
FOOD SERVICE ESTABLISHMENT (FSE): Means any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structure, where: a) food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; b) called for or taken out by customers; or c) prepared prior to being delivered to another location for consumption.
GREASE INTERCEPTOR: A structure or device designed for the purpose of removing and preventing fats, oils, and grease from entering the sanitary sewer collection system. These devices are below-ground units in outside areas with a minimum capacity of one thousand (1,000) gallons.
GREASE TRAP: A device designed for the purpose of removing and preventing fats, oils, and grease from entering the sanitary sewer collection system. These devices are typically compact, under-the-sink units located near food preparation areas. (Ord. 2018-09)
13.22.1320: INTERCEPTOR AND TRAP INSTALLATION SPECIFICATIONS:
A. Grease and sand/oil interceptors, as described by the International Plumbing Code (IPC), shall be required of any commercial user when the SGRWRF determines they are necessary for the proper handling of wastewater containing FOGS in excessive amounts, except such interceptors shall not be required for residential dwelling units.
B. Any commercial user utilizing a three (3) compartment sink shall be required to have either a grease interceptor or grease trap installed at its own expense and shall be required to comply with maintaining the device as outlined in the St. George City pretreatment operating plan.
C. All construction plans for interceptors shall be submitted to SGRWRF for review and approval prior to installation. All interceptors shall be of a type, construction, and capacity approved by SGRWRF.
D. All interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, water tight, and equipped with easily removable covers which are gas and water tight.
E. All newly constructed commercial structures, strip malls, multi-tenant planned-occupied buildings, or planned-un-occupied buildings, shall install independent six inch (6") wastewater discharge lines stubbed out within each designated future food establishment unit. If a new source commercial structure, strip mall, or multi-tenant building has planned occupancy by one or more businesses that do not generate FOG, and therefore do not need a grease interceptor, and the owner of the structure does not facilitate the installation of independent six inch (6") wastewater discharge line and install a common interceptor, then no future food establishments shall be permitted, unless facilities are retrofitted for independent lines.
F. All newly constructed "stand alone" commercial structures, strip malls, multi-tenant planned-occupied buildings, where a three (3) compartment sink will be utilized, will be required to install a grease interceptor.
G. All existing commercial or industrial businesses shall have one year to install an interceptor upon notification by SGRWRF, where required by SGRWRF standards.
H. Interceptors for businesses that have closed shall be dewatered and cleaned by the owner of said establishment. A representative of SGRWRF may inspect and verify this process has been completed to the satisfaction of SGRWRF.
I. Grease traps are only allowed in place of grease interceptors when in the opinion of the Manager it is physically impossible to install a grease interceptor outside of the building or business. As such, a variance request from the owner or lessee of the property must be made to SGRWRF with a certification letter from a duly licensed Utah plumber or engineer. (Ord. 2018-09)
13.22.1330: GENERAL FOGS WASTE DISCHARGE LIMITS AND REQUIREMENTS:
It shall be unlawful to discharge within SGRWRF jurisdiction, any sanitary wastewater, commercial and industrial waste, or other polluted waters, except where suitable treatment has been provided in accordance with provisions of the St. George City pretreatment ordinance. The following are general requirements and prohibitions applicable to this section:
A. The discharge of any substance into the sewer system that exceeds or violates general or specific prohibitions listed in section 13.22.100 of this chapter is prohibited.
B. The discharge into the sewer system of FOGS that may accumulate and/or cause or contribute to blockages in the sewer system, or at the sewer system lateral, except as provided herein, is prohibited.
C. Installation and use of food grinders in new and/or remodeled FSEs is not recommended.
D. Emulsifiers, enzymes, or degreasers shall not be added as sewer aids to any plumbing that leads to any interceptor directly or indirectly.
E. The disposal of cooking oil (yellow grease) into the sewer system is prohibited. All waste cooking oils shall be collected, stored, and labeled properly in receptacles such as barrels or drums for recycling or other acceptable methods of disposal.
F. The discharge of wastewater with temperatures in excess of one hundred forty degrees Fahrenheit (140°F) to any FOGS control device, including interceptors and traps, is prohibited.
G. The discharge of waste from toilets, urinals, washbasins, and other fixtures containing fecal materials into sewer lines intended for interceptor service, is prohibited.
H. The discharge to the sewer system of any waste including FOGS and solid materials, that were otherwise removed from an interceptor or other FOGS control device, is prohibited. Wastes removed from interceptors must be hauled off and properly disposed of periodically in compliance with operation and maintenance requirements.
I. Operation of an interceptor with FOGS and solids (floating + settled) accumulation, exceeding twenty five percent (25%) of the design hydraulic depth of the interceptor, is prohibited.
J. Commercial users, during regular business hours, shall provide to the Pretreatment Coordinator or his or her designee immediate and safe access to the users premises, FOGS handling facilities, and BMP facilities.
K. The Pretreatment Coordinator may require visual monitoring at the expense of the commercial user to observe conditions of the user's sewer lateral and lines downstream. (Ord. 2018-09)
13.22.1340: KITCHEN BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS:
All food service establishments (FSEs) shall be required, at a minimum, to implement and comply with the following kitchen BMPs, whenever applicable:
A. Drain Screens: Drain screens (strainers) shall be installed on all drainage pipes in food preparation areas.
B. Waste Cooking Oil: All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling receptacles shall be maintained properly to ensure they do not leak.
C. Garbage And Food Waste: All garbage and food waste shall be disposed of directly into trash bins or containers, and not in sinks, drainage pipes, or the sewer system. Food waste should be disposed of in lined trash bins.
D. Employee Training: Employees of FSEs shall be trained twice each calendar year in the following areas:
1. How to "dry wipe/scrape" pots, pans, dishware, and work areas before washing to remove FOG.
2. How to properly dispose of garbage, food waste, and solids in lined plastic bags prior to disposal in trash bins or containers, to prevent leaking and odors.
3. The location and use of absorbent products to clean under fryer baskets and other locations where FOG may be spilled or accumulated.
4. How to properly dispose of cooking oil from fry equipment into a FOG receptacle such as a barrel or drum without spilling.
5. Training shall be documented, and employee signatures recorded, indicating each employee's attendance and understanding of the practices reviewed. Training records shall be available for review at any reasonable time by the Pretreatment Coordinator, or designee.
E. Exhaust Filters: Exhaust filters shall be maintained in good operating condition utilizing frequent cleaning practices. Wastewater generated from cleaning exhaust filters shall be disposed properly.
F. Signs Or Similar Information: Kitchen BMP and "NO GREASE" signs, posters, or similar information, in appropriate language(s), shall be prominently displayed in the food preparation and dishwashing areas at all times.
G. Absorbant Materials Under Fryers: Absorbent materials shall be placed under fryers and other areas where FOG typically or frequently drips or spills.
H. Covered Devices: Covered devices shall be used in transporting FOG to prevent spills.
I. Emptying FOG Containers: FOG containers shall be emptied before they are full to avoid accidental or incidental spills.
J. Spill Kits: "Spill kits" (e.g., absorbent materials) shall be provided and readily available in the event of a spill. (Ord. 2018-09)
13.22.1350: INTERCEPTOR OPERATION AND MAINTENANCE REQUIREMENTS:
All existing and newly constructed interceptors shall be operated in accordance with the manufacturer's specifications. The maintenance frequency for all commercial users with interceptors shall be determined by the following:
A. Where installed, an interceptor shall be fully maintained by the user, at its sole expense, in a continuous and efficient manner, and at all times subject to SGRWRF inspection and approval.
B. Interceptors shall be maintained in efficient operating condition by the periodic removal of the full contents of the interceptor. Interceptors shall be fully emptied and cleaned at a frequency such that the combined floating and settled FOGS accumulation does not exceed twenty five percent (25%) of the design hydraulic depth of the interceptor. This is to ensure that the minimum hydraulic retention time, and required available volume, is maintained to effectively intercept and retain FOGS.
C. If an interceptor at any time is observed by the Pretreatment Coordinator or his or her designee to contain floating and settled FOGS accumulation in excess of twenty five percent (25%), the user shall be required to have the interceptor serviced as soon as possible, but no later than ten (10) days from the date the notice of violation was given, such that all FOGS, sludge, and other materials, are completely removed from the interceptor.
D. The owner of the property on which a common interceptor, and/or the facilities discharging to a common interceptor, are located shall be primarily responsible for the maintenance, upkeep, and repair of the interceptor.
E. No commercial user shall increase the use of water or in any other manner attempt to dilute a discharge as a way of achieving compliance with the St. George City pretreatment ordinance. (Ord. 2018-09)
13.22.1360: GREASE TRAP OPERATION AND MAINTENANCE REQUIREMENTS:
A. Where installed, a grease trap shall be fully maintained by the user, at its sole expense, in a continuous and efficient manner, and at all times subject to SGRWRF inspection and approval.
B. An FSE may use, or be required to install, grease traps, in lieu of installation of a grease interceptor, when, in the opinion of the Manager: 1) installation of an interceptor cannot physically be accomplished; 2) there is not adequate slope for gravity flow between kitchen plumbing fixtures and a proposed grease interceptor and/or between the grease interceptor and the private collection lines or the public sewer; or 3) no alternative pretreatment can be installed. Sizing of grease traps shall be performed by a professional engineer or plumber registered in the State of Utah, but shall conform to SGRWRF design standards and construction specifications as a minimum.
C. Grease traps shall be operated in accordance with the manufacturer's specifications.
D. Grease traps shall be maintained in efficient operating condition by removing accumulated grease on an as needed basis, or the frequency specified by the manufacturer, but no less than weekly.
E. Grease traps shall be fully emptied of all food residues, and any FOG waste, during the cleaning and scraping process.
F. Grease traps shall be inspected periodically, but in no event less than once a month, to check for leaking seams and pipes, and for effective operation of the baffles and flow-regulating device. Grease traps and their baffles shall be maintained free of all caked-on FOG and waste. Removable baffles shall be removed and cleaned during the maintenance process.
G. Automatic dishwashers and/or food grinder units shall not be connected to, or discharged to, any grease trap.
H. No FSE shall increase the use of water or in any other manner attempt to dilute a discharge as a way of achieving compliance with the St. George pretreatment ordinance. (Ord. 2018-09)
13.22.1370: NOTIFICATION REQUIREMENTS:
A commercial and industrial user shall comply with the following notification requirements:
A. Notification of spills and/or sanitary sewer overflows (SSO):
1. In the event a user is unable to comply with the FOGS control requirements due to a breakdown of equipment, accidents, or human error, or the user has reasonable belief that its discharge will violate the St. George City pretreatment ordinance, the user or its representative shall immediately notify the Pretreatment Coordinator by telephone.
2. If the material discharged has the potential to cause, or results in, sewer blockage or SSO, the user shall immediately notify the SGRWRF and the Pretreatment Coordinator by telephone at: (435) 634-5849.
3. Confirmation of this notification shall be made in writing to the Pretreatment Coordinator no later than five (5) workings days from the date of the incident, to the following address: Pretreatment Coordinator, SGRWRF - 3780 S. 1550 W., St. George, Utah 84790. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent a recurrence.
4. Such notification shall not relieve the user of any expense, loss, damage, or other liability that may be incurred as a result of damage or otherwise arising out of a violation of the St. George City pretreatment ordinance, or other applicable law.
B. Commercial users shall notify the Pretreatment Coordinator in writing at least sixty (60) days prior to any facility expansion, and/or remodeling or process modifications that may result in new or substantially increased FOGS discharges, or a change in the nature of the discharge. The user shall submit any information requested by the Pretreatment Coordinator for evaluation of the effect of such expansion and/or remodeling or process modifications on the user's FOGS discharge to the sewer system. The written notification shall state the FSE name, name of the title of the user's contact person or person most knowledgeable concerning the facility expansion and/or remodeling or process modifications, address and telephone number of the user, date of the proposed facility expansion and/or remodeling or process modifications, and the reasons for the same. (Ord. 2018-09)
13.22.1380: RECORD-KEEPING REQUIREMENTS:
The following records shall be maintained for no less than three (3) years, and the commercial user shall make them available to Pretreatment Coordinator, or designee:
A. A record or logbook of interceptor or trap cleaning and maintenance practices and activities. The record or logbook shall include:
1. Dates cleaned;
2. Name of wastehauler;
3. Any observations concerning the effectiveness of the interceptor or trap in controlling FOGS; and
4. Any other maintenance performed on the trap or interceptor;
B. A record or logbook of FSE kitchen BMPs being implemented including employee training;
C. Any other information deemed appropriate by the Pretreatment Coordinator to ensure compliance with the St. George City pretreatment ordinance; and
D. Records of any spills and/or cleaning of the lateral or sewer system. (Ord. 2018-09)
13.22.1390: INSPECTIONS AND SAMPLING:
Commercial users are inspected on a regular basis by SGRWRF to determine if the businesses are in compliance with the St. George City pretreatment ordinance. The purpose of inspections is as follows:
A. To verify if users are complying with the St. George City pretreatment ordinance;
B. To collect and analyze samples and compare results to established discharge limitations;
C. To provide evidence in support of enforcement actions;
D. To verify correction of problems; and
E. To maintain records of user discharge constituents. (Ord. 2018-09)
13.22.1400: PRETREATMENT CHARGES AND FEES:
The SGRWRF may adopt reasonable fees for reimbursement of costs of setting up and operating SGRWRF's Pretreatment Program, which may include:
A. Fees for wastewater discharge permit applications including the cost of processing such applications;
B. Fees for monitoring, inspection, and surveillance procedures, including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports and certification statements submitted by users;
C. Fees for reviewing and responding to accidental discharge procedures and construction;
D. Fees for filing appeals;
E. Fees to recover administrative and legal costs not included in subsection B of this section associated with any enforcement activity taken by the Manager to address IU noncompliance; and
F. Other fees as SGRWRF may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the SGRWRF. (Ord. 2018-09)
13.22.1410: SEVERABILITY:
If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. (Ord. 2018-09)
13.22.1420: EFFECTIVE DATE:
This chapter shall be in full force and effect immediately following its passage, approval, and publication, as provided by law. (Ord. 2018-09)