Consent is hereby given that the county’s Health Officer of the County of Tulare shall enforce and observe in this city all orders, quarantine regulations and rules prescribed by the state’s Department of Public Health, all statutes of the state and all ordinances of the county relating to the public health, all of which orders, regulations, rules, statutes and ordinances are hereby declared to be effective within the city.

(1995 Code, § 7.04.010)

   Any duly appointed employee of the Office of Safety, Compliance and Facilities as a Code Enforcement Officer shall be authorized to perform the enforcement duties identified in this code. The Code Enforcement Officer will work closely with members of other departments and the Code Enforcement Officer shall be under the supervision of the Safety, Compliance and Facilities Officer or his or her designee.

(Ord. 2022-17, passed 12-20-2022)

   The duties of the Code Enforcement Officer shall include, but are not limited to, issues involving property maintenance by abating hazardous conditions which threaten the life, health and safety of the public, and any other provisions allowed by law.

(Ord. 2022-17, passed 12-20-2022)

   The Code Enforcement Officer shall enforce the provisions of all applicable state and city codes including, but not limited to, the City Municipal Code, the California Health and Safety Code, Uniform Code for the Abatement of Dangerous Buildings, as the codes may, from time to time, be amended.

(Ord. 2022-17, passed 12-20-2022)

   The Code Enforcement Officer shall work with property owners/residents to obtain voluntary compliance; however, the Code Enforcement Officer shall also have authority to issue citations and pursue other legal remedies as necessary.

(Ord. 2022-17, passed 12-20-2022)

   No person shall turn on any curb cock or connection admitting water from the water mains to any property in the city without first obtaining a permit therefor from the Water Collector.

(1995 Code, § 7.08.010)

   The permit shall be issued without payment of any fee therefor and, upon the application blanks, as the Water Collector shall from time to time decide.

(1995 Code, § 7.08.020)

   (A)   Whenever an applicant applies for a permit to connect property fronting an existing water main, the installation cost of which main was paid by the city or by a previous applicant and approved by the city, such subsequent applicant shall pay to the city, prior to the granting of such permit, the water front foot charge. Said front foot charge shall be based on 60% of the estimated cost of an eight-inch water main and appurtenances in an existing paved local city street. Said fee shall be computed by the City Engineer, and adopted by resolution of the Board of Public Utilities annually.

   (B)   Whenever an applicant applies for a permit to connect property where a water service has already been installed by the city or a previous applicant and approved by the city, such subsequent applicant shall pay to the city a water service charge. The fee shall be computed by the City Engineer, and adopted by resolution of the Board of Public Utilities annually.

(1995 Code, § 7.08.030) (Ord. 06-2026, passed - -2006)

   (A)   Any applicant desiring to make an extension to the water system of the city to serve applicant’s property shall make a request in writing to the City Engineer for a preliminary investigation into the feasibility of such extension. If the extension is found to be feasible, such extension may be made to the water system of the city in accordance with the provisions of this section. The city shall inspect and may permit the final connection to the city system only if it is found that such extension conforms in all respects with city standards and specifications for waters within the city and with the sizes and grades designated by the City Engineer.

   (B)   Any applicant paying for the installing of a public water main shall, prior to the construction of the water main, file with the City Engineer a legal description of the applicant’s property, which is served by said water main. Within 90 days following the notice of completion of the main, the applicant shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating the cost (excluding any anticipated city reimbursement) of the construction of the main. Actual costs shall be limited to engineering, applicable fees paid to the city, county, state, contractor, surety bonding company, and for staking, compaction tests and interest as defined in division (F) below. If the financial statement is not filed within this time period, the applicant shall not be eligible for any reimbursements under this chapter.

   (C)   For a period of not to exceed 20 years after the notice of completion of a water main referred to in division (B) of this section, all of the front foot fees collected by the city pursuant to this chapter for a connection to such water main shall be paid by the city to applicant, not to exceed 100% of the approved cost of constructing water mains which do not front on any of the applicant’s property and 50% of the cost of constructing water mains for those portions where the applicant’s property fronts on only one side of the street. Payments shall be made annually in July, or as soon thereafter as practical.

   (D)   Whenever a water main is extended to serve property, the water shall be extended across the full street frontage of the property to be served unless the City Engineer determines that such water shall not be extended in the future.

   (E)   Existing benefit districts. After the effective date of this ordinance, the Engineer shall determine which benefit districts which existed prior to this ordinance are still active. The City Engineer shall then determine what unpaid balance exists in each active benefit district, together with any accrued interest as provided for at the time of adoption of said district and apply the same procedures for repayment as outlined in division (C) to said unpaid balance except that the 20-year time limit mentioned in that section shall be from the original date of the adoption of said district.

   (F)   Interest. The unpaid balance due the applicant for water main shall be adjusted by annual compounding with a variable interest rate. The interest rate used for each calendar year shall be based on the average annual Local Agency Investment Fund (LAIF) rate of return on City of Tulare investments from the previous calendar year.

(1995 Code, § 7.08.040) (Ord. 06-2026, passed - -2006)

   Whenever the City Engineer determines it is impractical or unreasonable for an applicant to install a water main on a street frontage for which such installation would be otherwise be required, the applicant shall pay to the city an in-lieu fee for their fair share of the future installation of the main. The fee shall be the same front foot fee as established in § 7.08.030 above.

(1995 Code, § 7.08.050) (Ord. 06-2026, passed - -2006)

   Any surplus of monies remaining after the applicant has been reimbursed in accordance with the applicable provisions of this code may be expended for construction or reconstruction of the facilities including raising of facilities to grade or, work for which the funds were collected.

(1995 Code, § 7.08.060) (Ord. 06-2026, passed - -2006)

   This chapter shall be known and referred to as the Well Ordinance of the City of Tulare.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

   It is the purpose of this chapter to regulate the construction, modification or repair, abandonment or destruction of wells in such a manner that the groundwater of this city will not be contaminated, polluted, or used in an unstainable manner, that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of this city, and to monitor the amount of water pumped from wells.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

   For the purpose of this chapter, the following words and phrases shall have the following meanings ascribed to them.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

   (A)   It shall be unlawful for any person to construct, modify or repair, abandon, or destroy any well within the city, except by the city, unless such person has a valid permit issued by the Public Works Director for the specific action to be taken.

   (B)   It shall be unlawful for any person to construct, modify or repair, abandon, or destroy any well, unless such construction, modification or repair, abandonment or destruction is in conformance with the terms and conditions contained in the permit issued by the Public Works Director.

   (C)   It shall be unlawful for any person to construct any well, whether for domestic, industrial, or any other use. No permit shall be issued for construction of a well, if the property to be served is connected to the city’s water supply system, the property is within city limits, or within 500 feet of a feasible connection point to the city’s water supply system.

   (D)   It shall be unlawful for any person to modify an existing well, and no permit shall be issued for modifications other than abandonment and destruction if the property is within city limits or within 500 feet of a feasible connection point to the city’s water supply system.

   (E)   The Public Works Director may issue a permit for the construction, modification, or repair of a supply well for domestic, commercial, or industrial purposes, for temporary use only, under the following conditions:

      (1)   City water mains are not in place adjacent to the property involved;

      (2)   The City Engineer has determined that it is not economically feasible or desirable to extend the city’s water mains to serve the property at the time the request for service is made by the owner or lessee; and

      (3)   The owner has executed an agreement for the discontinuance of the use of the well and capping of the same upon notice by the City Engineer. Such notice shall be given immediately following the installation of water mains adjacent to the property on which the well has been drilled.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

   All new wells constructed after the date of this chapter are required to have a meter installed at the time of construction. In the event that a meter is not installed on an existing constructed water well the Public Works Director may cause a meter to be installed, at the cost of the city. Existing water wells are defined as those constructed prior to the effective date of this chapter. In the event any water well meter is not properly maintained by the owner, the Public Works Director may perform the necessary maintenance on the meter and recover the costs from the owner.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

   The owner of each well within the City of Tulare on which a water meter has been installed shall allow the city access to read said meter annually on or about October 1 of each year and, not later than 30 days thereafter. This information shall be reported to the Public Works Director as the amount of water pumped since the last meter reading. In the event the meter is not read and the amount pumped not reported to the Public Works Director in accordance with this chapter, he/she may cause the meter to be read by any lawful means.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

   (A)   The application for the permit required by this chapter shall be:

      (1)   Made in writing to the Public Works Director on such forms as he/she may prescribe, setting forth such information as he/she may require to carry out the purposes of this chapter.

      (2)   Signed by the applicant.

   (B)   The application shall be accompanied by any filing fee established for said applications by the City Council through Resolution. No part of the filing fee is refundable.

   (C)   Permits issued pursuant to this chapter by the Public Works Director may contain, and be subject to, such terms and conditions as the Public Works Director determines are necessary to carry out the purposes of this chapter. The Public Works Director shall deny any application for a permit if, in his/her determination, its issuance would tend to jeopardize the purposes of this chapter.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

   The Public Works Director may adopt rules and regulations to implement and administer this chapter. Said rules and regulations shall be approved by the City Council.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

   Prior to the issuance of a permit, the applicant shall post with the Public Works Director a cash deposit or security bond to guarantee compliance with any terms and conditions of the permit and the proper performance of the work. Such cash and security bond shall be in the amount determined necessary by the Public Works Director to ensure compliance with this chapter, but in no event will such cash deposit or security bond be for an amount in excess of the total estimated cost of the work to be performed. The deposit or bond will be returned to the permittee upon satisfactory completion of the work.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

   (A)   The Public Works Director may suspend or revoke a water well permit issued under this chapter whenever the Public Works Director determines that any work performed under such a permit constitutes a public nuisance or when the applicant, his agents, employees, or the licensed well drilling contractor performing the work (1) violates any provision of this chapter or any terms and conditions of the permit; or (2) misrepresents any material fact(s) in the permit application.

   (B)   Before the Public Works Director suspends or revokes a water well permit, the Public Works Director shall make reasonable effort to notify the landowner where the well is located or the licensed well drilling contractor performing work on the well.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

   Any person whose permit application has been denied, granted conditionally, or any person whose permit has been suspended or revoked, may appeal to the City Council:

   (A)   Said person shall file a notice of appeal with the City Clerk on or before the fourteenth calendar day following the date of decision by the Public Works Director.

   (B)   The matter shall be scheduled for hearing before the City Council, no later than 30 days following receipt of the appeal, absent mutual agreement to the contrary. The appellant shall be served with notice of the time and place of the hearing, as well as any relevant materials, at least five calendar days prior to the hearing. The hearing may be continued, upon mutual consent. At the time of the hearing the appealing party, the Public Works Director, and any other interested person may present such relevant evidence as he or she may have, relating to the determination from which the appeal is taken.

   (C)   Based upon the submission of such evidence and any other relevant material including city files, the City Council shall issue a decision upholding, modifying, or reversing the determination from which the appeal is taken. Notice of decision shall be given within 14 days following submission of the matter to the Council and shall state the reasons for the Decision. Any notices under this section may be sent by regular mail, postage prepaid, and shall be deemed received on the fifth calendar day following the date of mailing.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

   Upon finding by the Public Works Director that a well may cause contamination or pollution to the groundwater or is a threat to the public health, safety, or welfare, such well shall constitute a public nuisance. The Public Works Director may take any action necessary to abate such public nuisance. The owner of the property upon which the well is located and/or the permittee for such well shall be liable for any and all costs incurred by, or at the request of, the Public Works Director in the abatement of said public nuisance.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

   The Public Works Director or his/her designee(s) may, at any and all reasonable times (absent an emergency, reasonable times exclude any time of day on weekends or holidays and prior to 8:00 a.m. or after 6:00 p.m. on weekdays), enter any and all places, property, enclosures, and structures for the purpose of examining or investigating the construction, modification or repair, abandonment, or destruction of wells.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

   The water purveyor has the primary responsibility to prevent water from unapproved sources entering the public water supply system. Each service connection from a public water system supplying water to premises having an auxiliary water supply (well) shall be protected against backflow of water from the premises into the public water system by the installation of a city-approved reduced pressure principal backflow prevention device installed at the public water supply meter connection. It shall be the responsibility of the water user to provide protective devices as required under this code. It shall be the duty of the water user on any premise for which backflow protective devices are installed to have a competent licensed inspection and test performed at least once per year at the expense of the water user (see California Administrative Code Title 17).

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

   (A)   It shall be unlawful for any person to violate any provision of this chapter. Unless otherwise specified in this chapter, any violation of the provisions herein shall constitute a misdemeanor. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of the chapter, the trial court, upon recommendation of the City Attorney, may reduce the charged offense from a misdemeanor to an infraction.

   (B)   Any person convicted on a misdemeanor under this chapter shall be punished by a fine not to exceed $2,500 or by imprisonment not exceeding six months, or by both the fine and imprisonment.

   (C)   Any person convicted of an infraction under this chapter shall be punished by:

      (1)   A fine not exceeding $50 for a first violation;

      (2)   A fine not exceeding $100 for a second violation of this chapter within one year; and

      (3)   A fine not exceeding $250 for each and every additional violation of this chapter within one year.

   (D)   Each day that a violation continues shall be regarded as a new and separate offense.

   (E)   In addition to the penalty set forth hereinabove for the conviction of a misdemeanor and/or infraction for violation of any of the provisions of this chapter, any person so convicted shall further be required to pay restitution to the city for all costs, including city staff time and reasonable attorney’s fees, related to the enforcement of this chapter.

(Ord. 2024-06, passed 12-17-2024)

   Whenever the Public Works Director finds that any user has violated or is violating this chapter, the Public Works Director may serve upon the owner of the property upon which the well is located and/or the permittee for such well a written notice of violation. Within ten days of the receipt 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 by the owner of the property upon which the well is located and/or the permittee for such well to the Public Works Director. Submission of this plan in no way relieves the owner of the property upon which the well is located and/or the permittee for such well 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 city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(Ord. 2024-06, passed 12-17-2024)

   The City Council of the City of Tulare finds determines and declares that:

   (A)   Local water resources are among the most precious resources of the city and surrounding area;

   (B)   Management of the water resources serving the residents of the city is critical to the long-term health, welfare and safety of the citizens of the city;

   (C)   The city’s primary water supply is from underground water resources, which are being depleted by groundwater extraction in excess of groundwater replenishment (“groundwater overdraft”);

   (D)   Conversion of land from agricultural to urban uses increases the local groundwater overdraft and has the potential to seriously deplete available groundwater resources over time;

   (E)   Provision of municipal water supplies by the city contributes substantially to the continuing groundwater overdraft;

   (F)   The impact of existing and proposed development on groundwater overdraft has been determined through a technical study prepared by the city, which study has been reviewed and considered by the City Council of the city prior to adoption of this ordinance. The technical analysis provides the basis for the fees established by ordinance and resolution; and

   (G)   California Constitution, Article XI, § 7, Cal. Public Utilities Code §§ 6203 and 6294, §§ 3 and 15 of the City Charter authorize the city to enact this chapter.

(1995 Code, § 7.10.010) (Ord. 06-2008, passed - -2006)

   The purpose of this chapter is to assess impact fees upon new development and a volumetric fee upon existing urban water supplies to fund programs to mitigate the impact of new development and existing water extractions upon conditions of groundwater overdraft. Specifically, this chapter is intended to fund activities and projects to mitigate impacts to conditions of groundwater overdraft. The activities will include, but not be limited to, the following:

   (A)   Acquisition of surface water rights and surface water supplies;

   (B)   Development of groundwater recharge facilities;

   (C)   Reconfiguration of stormwater facilities designed to retain as much stormwater as possible within and near the city;

   (D)   Enhancement of cooperative programs with local water management agencies and companies; and

   (E)   Development of more efficient water delivery systems.

(1995 Code, § 7.10.020) (Ord. 06-2008, passed - -2006)

   (A)   This chapter shall be known and may be cited as the “City of Tulare Water Resource Management and Groundwater Overdraft Mitigation Fee Ordinance”.

   (B)   The City Council of the city has the authority to adopt this chapter pursuant California Constitution, Article XI, § 7, Cal. Public Utilities Code §§ 6203 and 6294, §§ 3 and 15 of the City Charter.

   (C)   This chapter shall apply in the incorporated area of the city to the extent permitted by Article XI of § 7 of the Constitution of the State of California.

(1995 Code, § 7.10.030) (Ord. 06-2008, passed - -2006)

   (A)   The provisions of this chapter shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

   (B)   For the purpose of administration and enforcement of this chapter, unless otherwise stated in this chapter, the following rules of construction shall apply to the text of this chapter:

      (1)   In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table or illustrative table, the text shall control.

      (2)   The word “shall” is always mandatory and not discretionary; the word “may” is permissive.

      (3)   Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the single, unless the context clearly indicates the contrary.

      (4)   The word “person” includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

      (5)   Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction “and”, “or” or “either...or”, the conjunction shall be interpreted as follows:

         (a)   “And” indicates that all the connected terms, conditions, provisions or events shall apply.

         (b)   “Or” indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

         (c)   “Either...or” indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

      (6)   The word “includes” shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(1995 Code, § 7.10.040) (Ord. 06-2008, passed - -2006)

   (A)   Any person seeking a building permit within the city, shall be required to pay the fee specified below.

      (1)   The fee shall be assessed per unit or per acre of land to be developed, and will be established by the city’s annual fee ordinance.

      (2)   The obligation to pay the fee shall be made a condition of issuance of the building permit.

      (3)   The fee paid shall be in addition to all other impact fees paid prior to issuance of a building permit.

   (B)   In lieu of payment of the fee specified in division (A) above, and with concurrence of the city, any person seeking to annex, subdivide or otherwise procure entitlement to develop property within the city may dedicate water rights to the city. The city, in its sole discretion, shall determine whether the dedication equals in value the amount of the fee otherwise applicable pursuant to division (A) above.

(1995 Code, § 7.10.050) (Ord. 07-18, passed 8-7-2007; Ord. 06-2008, passed - -2006)

   As established by resolution of the Board of Public Utilities Commissioners, all users of municipal water service in the city shall pay a groundwater impact mitigation fee to be assessed on the monthly water bill.

(1995 Code, § 7.10.060) (Ord. 06-2008, passed - -2006)

   The fees established by §§ 7.10.050 and 7.10.060 were determined by evaluating the impact of development on existing conditions of groundwater overdraft, and calculating the cost of the water and facilities necessary to mitigate the impact. A technical study was prepared to make the determination.

(1995 Code, § 7.10.070) (Ord. 06-2008, passed - -2006)

   All funds collected shall be used exclusively for the purposes specified in § 7.10.020.

(1995 Code, § 7.10.080) (Ord. 06-2008, passed - -2006)

   If a building permit or permit for mobile home installation expires without commencement of construction, then the fee payer shall be entitled to a refund, without interest, of the fee paid plus a condition of its issuance; except, that the city shall retain three percent of the fee to offset a portion of the costs of collection and refund. The fee payer must submit an application for the refund to the city within 30 days of the expiration of the permit. Within 20 working days of receipt of an application for refund the city shall issue a refund issue written findings as to why the refund shall not be made.

(1995 Code, § 7.10.090) (Ord. 06-2008, passed - -2006)

   The City Council of the city may modify the fee established in § 7.10.050 annually by ordinance if the assumptions utilized in calculating the fee have changed. The Board of Public Utilities Commissioners may modify the fee established in § 7.10.060 annually by resolution if the assumptions utilized in calculating the fee have changed. The modifications adopted by ordinance and resolution will not be based on a change in the method of calculating the fees. Absent action by the City Council to modify the fees, each April of each year the chief financial officer shall review the current Engineering News Record Construction Cost Index (ENRCCI) for the cities of Los Angeles and San Francisco, California. When the average of the indices differs from the average of the indices for the preceding April 1, the factor of increase or decrease shall he applied to the fee established in § 7.10.050.

(1995 Code, § 7.10.100) (Ord. 06-2008, passed - -2006)

   Any violation of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted and, upon conviction, the violator shall be punishable according to law; however, in addition to or in lieu of any criminal prosecution the city shall have the power to sue in civil court to enforce the provisions of this chapter.

(1995 Code, § 7.10.110) (Ord. 06-2008, passed - -2006)

   If any section, phrase, sentence or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, the portion shall be deemed a separate, distinct and independent provision, and the holding shall not affect the validity of the remaining portions thereof.

(1995 Code, § 7.10.120) (Ord. 06-2008, passed - -2006)

   In this chapter, unless it appears from the context hereof that some other meaning is intended, the word FOOD shall mean any article or substance used as food, either liquid or solid, by humans, whether simple, mixed or compound.

(1995 Code, § 7.12.010)

   The Office of Municipal Meat and Food Inspector is hereby created. The Meat and Food Inspector shall be appointed by, and hold office during, the pleasure of the Manager. It is the duty of the Meat and Food Inspector to inspect all kinds of foods handled by markets, establishments and places of business in the city, intended for human consumption.

(1995 Code, § 7.12.020)

   The Meat and Food Inspector shall have the power, without liability, to condemn and destroy such foods as shall be found tainted, decayed, spoiled, unfit, unwholesome, deleterious or injurious.

(1995 Code, § 7.12.030)

   No person shall sell, exchange or deliver or keep or expose for sale, exchange or delivery as food for human consumption any spoiled, contaminated or unwholesome vegetables, fruits, cereals, butter, cheese or other foods.

(1995 Code, § 7.12.040)

   No person shall sell, exchange or deliver or keep or expose for sale, exchange or delivery as food for human consumption any tainted or diseased, any decayed or partly decayed or unwholesome meat food products or flesh of any cattle, hogs, sheep, swine, goats, fish, poultry or other animals.

(1995 Code, § 7.12.050)

   No person shall sell, exchange or deliver or have in possession, keep or expose for sale, exchange or delivery as food for human consumption, the flesh of any cattle, hogs, sheep, swine, goats or other animals or meat food products unless the same shall have been slaughtered and marked with the brand of approval placed on each primal part of the animal or on the food product containers under the supervision of the Meat Inspection Division of the United States Bureau of Animal Industry in accordance with the regulations relating to the inspection thereof, as provided by the Department of Agriculture of the United States or under the supervision of the state’s Department of Agriculture, in accordance with the regulations relating to the inspection thereof as prescribed by the state’s Department of Agriculture or under the supervision of any authorized inspection department whose brand or mark of approval is approved by the Meat and Food Inspection Department of the city.

(1995 Code, § 7.12.060)

   No person shall manufacture into sausage or other meat food products the flesh or meat of any animal designated in this chapter unless the flesh or meat shall bear the brand of approval, as provided in this chapter.

(1995 Code, § 7.12.070)

   It shall be the duty of every occupant, owner or lessee of any meat shop, slaughterhouse or food establishment where meat, meat products, fish, dressed poultry or any other foods for human consumption are kept, stored, handled, manufactured or offered for sale, to protect the same from dust, dirt, flies and vermin and prevent, as far as possible, handling by prospective buyers.

(1995 Code, § 7.12.080)

   No person shall slaughter, sell or deliver or have in possession for sale, slaughter, delivery or manufacture in the city the flesh of any cattle, hogs, sheep, swine or other animals or meat food products, fish or poultry without having first applied for and obtained a permit to do so from the Meat and Food Inspection Department of the city in the manner hereinafter provided.

(1995 Code, § 7.12.090)

   Every applicant for a permit shall file with the Department a written application, which shall set forth the name and address of the applicant and description of the premises intended for the conduct of the business.

(1995 Code, § 7.12.100)

   If it shall appear to the Meat and Food Inspection Department, upon considering the application, that the statements therein are true and that the premises designated in the application are in proper sanitary and ratproof condition for the conduct of the business, and also that the provisions of all laws and regulations pertaining thereto have been complied with, the Department shall issue a signed permit.

(1995 Code, § 7.12.110)

   The permit shall be valid until the same is suspended or revoked by the Department or until the holder of the permit changes his or her place of business.

(1995 Code, § 7.12.120)

   Any person, who shall purchase the business for which a permit shall have been obtained and shall be in force at the time of the sale, may conduct and operate such business under the permit for a period of not more than 30 days from and after the date of the sale, unless the permit is suspended or revoked as herein provided; and the purchaser shall, during the period of 30 days, apply for and obtain a permit in the manner provided by this chapter.

(1995 Code, § 7.12.130)

   The written permit herein provided for, when issued, shall be kept, at all times, posted in a conspicuous place on the premises.

(1995 Code, § 7.12.140)

   The holder of any permit must strictly conform to all the provisions and requirements of this chapter; and in addition to the other penalties herein provided for, the Meat and Food Inspection Department may revoke or suspend any such permit whenever, in the discretion of the Department, it is deemed that a violation of any of the provisions of this chapter has been committed by any holder of any such permit.

(1995 Code, § 7.12.150)

   (A)   Walls, floors. The floors and walls of the slaughterhouse, factory or processing room where meat, or meat products, fish or poultry are handled, manufactured or processed shall be maintained in a sanitary manner to prevent the surroundings under or about the same from becoming contaminated by filth or offensive matter.

   (B)   Separation of killing room from feeding room. The slaughterhouse or killing room shall be separated from any room where stock or poultry are fed.

   (C)   Cooling room; partition. A cooling room shall be provided apart from the killing room and shall be separated from the killing room by a tight partition in the side next or nearest the killing room.

   (D)   Ventilation; screening of cooling room. The cooling room shall be thoroughly ventilated and well screened so as to exclude flies and other insects therefrom.

   (E)   Covers for meat taken from slaughterhouse. All trucks and other conveyances used to transport meats, meat products, fish or dressed poultry from the slaughtering establishment must be provided with freshly cleaned canvas or burlap covers sufficient in size to protect and cover the load at every point in its entirety from dust, dirt, flies and vermin.

   (F)   Poultry slaughterhouses. No person shall conduct, maintain or carry on any poultry slaughterhouse unless such place is maintained and operated so as to conform to the following provisions:

      (1)   Sanitation of premises, equipment. Every such place and every appurtenance, appliance and utensil maintained and used in connection therewith shall be kept clean and maintained in a sanitary condition.

      (2)   Removal of waste. All refuse, offal and feathers shall be removed from the premises daily.

      (3)   Meat containers. Separate metal containers shall be provided for dead fowls and parts.

      (4)   Feather containers. Separate metal containers shall be provided for feathers.

(1995 Code, § 7.12.160)

   All parts of slaughtering establishments, including the slaughterhouses, storage rooms for meats and dressed poultry, factories, trucks, carts, wagons or other receptacles, stables or corrals used for livestock, shall be kept in a clean, wholesome condition.

(1995 Code, § 7.12.170)

   Sufficient lavatories, toilets and clothes closets with adequate light and ventilation must be provided, together with an ample supply of soap, towels and toilet paper, in all markets and food establishments.

(1995 Code, § 7.12.180)

   No person shall keep live chickens, ducks, geese, turkeys or other fowls in any cellar or basement underneath any grocery store, market or other place where foods for human consumption are kept for sale.

(1995 Code, § 7.12.190)

   No person shall keep any live chickens, turkeys, ducks, geese or live fowls of any kind or any cats, dogs or any animal in any room where any kind of foodstuffs such as are enumerated in this chapter are kept, prepared for sale or sold.

(1995 Code, § 7.12.200)

   No person shall conduct or maintain a fish or meat market in the basement of any building or in any space below the level of the street.

(1995 Code, § 7.12.210)

   Those portions of premises where meat food products, fish, dressed poultry or any meat are kept, stored, handled, manufactured or offered for sale shall have a smooth interior finish with no open joints or cracks in floors, walls or ceiling. The interior shall be painted with washable paint or other material satisfactory to the Meat and Food Inspector and shall be so refinished when, in his or her judgment, it becomes necessary. All working places and table tops shall be constructed of materials satisfactory to the Meat and Food Inspector. The premises must have adequate light and ventilation and be provided with a porcelain sink of adequate size with hot and cold running water.

(1995 Code, § 7.12.220)

   All vehicles used for delivery by retail meat shops, markets, grocery stores or other food establishments to customers of meats, meat products, fish, dressed poultry or any other foods for human consumption must be kept in a clean, wholesome condition.

(1995 Code, § 7.12.230)

   All slaughterhouses, markets or factories where meat or meat food products, fish or poultry are handled, manufactured or offered for sale shall have provided therein, coolers, refrigerators and iceboxes adequate in size and of a construction approved by the Meat and Food Inspection Department. All such coolers, refrigerators or iceboxes must have a white gloss enamel finish and maintain a temperature below 45°F and be maintained with a sufficient circulation of air.

(1995 Code, § 7.12.240)

   All meat racks, rails, hooks or brackets must be metal.

(1995 Code, § 7.12.250)

   Metal cans for scraps and trimmings and other refuse and garbage must be provided with tight metal covers and sufficient in number and size to care for all refuse.

(1995 Code, § 7.12.260)

   No person shall keep, make or use any mark, stamp, brand or other device having thereon insignia or words similar in character or import to the marks, stamps or brands provided or used for marking, stamping or branding any of the foodstuffs described in § 7.12.060 or in any manner counterfeit such marks, stamps or brands.

(1995 Code, § 7.12.270)

   All persons handling any of the foods mentioned in this chapter shall, at all times, keep their persons and wearing apparel in a clean condition.

(1995 Code, § 7.12.280)

   All aprons, gowns, smocks and other outer wearing apparel which are worn must be of a material which can be easily washed and cleaned.

(1995 Code, § 7.12.290)

   No employer shall require or permit any person to work, nor shall any person work, in a building, room, basement, cellar place or vehicle occupied or used for the production, preparation, manufacture, packing, storage, sale, distribution or transportation of meat, fish, poultry or other foods of any kind intended for human consumption who is afflicted or affected with any venereal disease, smallpox, diphtheria, scarlet fever, yellow fever, tuberculosis, consumption, bubonic plague, Asiatic cholera, leprosy, trachoma, typhoid fever, epidemic dysentery, measles, mumps, German measles, whooping cough, chicken pox or any other infectious or contagious disease, or who shows the condition known as the “carrier state” of any such contagious disease.

(1995 Code, § 7.12.300)

   For the purposes of this chapter, certain words and terms are defined as follows.

      (1)   Garbage, rubbish, rubble, organic materials or street sweepings.

      (2)   All organic or inorganic materials not defined herein as garbage or rubble, which are rejected, abandoned or discarded by the owners or producers thereof, as offensive or useless or no longer desired by the owners or producers. These materials include, but are not limited to pasteboard boxes, paper, rags and clothing; discarded or abandoned bedding; discarded or abandoned mattresses; discarded or abandoned carpets; discarded or abandoned oilcloth or linoleum; sweepings or cleanings from buildings; bottles, tin cans or containers, broken crockery and glassware; old metals, wire packaging or wrapping materials; ashes; rope, twine, jute, bagging or burlap.

(1995 Code, § 7.16.010) (Ord. 18-05, passed 9-18-2018)

   The following acts are unlawful and shall constitute infractions, as provided in § 1.12.010 of this code.

   (A)   It shall be unlawful for any person to throw or deposit, or cause to be thrown or deposited, any garbage, rubbish or rubble, as the terms are defined by this chapter, on or upon any vacant lot, or on or upon any street, alley, gutter, highway, park or other public place in the city, or to deposit or place or keep any garbage, rubbish or rubble except in the manner prescribed in this chapter.

   (B)   It shall be unlawful for any person to throw or deposit, or cause to be thrown or deposited, any garbage, rubbish or rubble, as the terms are defined by this chapter, into, upon or next to any private garbage container not his or her own, or into, upon or next to any container furnished by the city pursuant to § 7.16.050 of this chapter unless he or she is the person or business, or an agent or employee of the person or business, who made arrangements with the city to use the container.

   (C)   Contents of the standard containers, commercial bins or roll-off containers of all sizes become the property of the city, subject to the following exceptions and limitations:

      (1)   Once a standard container has been placed for collection, no person, except the customer, shall retrieve the contents therein; and

   (D)   No person other than the city shall remove standard containers, commercial bins or roll- off containers of all sizes which have been placed for collection. Any and each violation hereof from one or more collection locations shall constitute a separate and distinct offense punishable as provided in this chapter.

   (E)   It is unlawful or any person to burn, break, destroy, scatter, scavenge, collect, or take any materials from the standard containers without the consent from the Public Works Director or designee.

   (F)   Pursuant to the provisions of Assembly Bill 1594 (AB 1594) a contractor or permittee, and any owners, occupants or persons in possession, charge or control of all dwellings, buildings, places and premises in the city who self-haul organics, may not direct their organic waste for use as alternative daily cover (ADC). If the Solid Waste Manager determines that a contractor or permittee, or any other applicable person has directed any organics waste for use as ADC, the Solid Waste Manager will notify the contractor, permittee, or person of the requirements of this provision. Repeated instances of directing organic materials for use as ADC may result in enforcement action.

(1995 Code, § 7.16.020) (Ord. 18-05, passed 9-18-2018)

   All dwellings, apartment houses and place of business in which garbage waste, recyclable materials, and organic materials accumulate within the city or upon streets or public highways which abut such property shall be required to utilize the collection and disposal and street sweeping services of the city and to pay the charges set forth for the services by the Department of Public Utilities of the city.

(1995 Code, § 7.16.030) (Ord. 18-05, passed 9-18-2018)

   It shall be unlawful within the city for any person other than duly authorized collectors and street sweeping operators, employed by the Department of Public Utilities, or private collectors and street sweeping operators licensed by the Department of Public Utilities or other regulating entity, to gather, collect, transport, burn or dispose of any garbage or to remove any garbage receptacle from any place where the same was placed by any occupant. Excepting that rubbish and rubble may be transported and lawfully disposed of by the customer who owns or controls the premises service upon which it has accumulated. The Solid Waste Manager may permit large construction or demolition debris hauls by equipment other than by roll-off container vehicles. In addition, collection of rubbish, rubble or other waste materials utilizing roll-off containers, or commercial bins, on a temporary basis must be performed by the authorized collector(s) licensed by the Department of Public Utilities or other regulating entity.

(1995 Code, § 7.16.040) (Ord. 18-05, passed 9-18-2018)

   (A)   Various size loose yardage (including roll-off) containers will be furnished and maintained by the city.

   (B)   Enclosed roll-off containers equipped with attached, or detachable, compactor units meeting city specifications for vehicle loading and safety concerns may be furnished and maintained by the customer when permitted to do so by the Solid Waste Manager.

      (1)   It shall be the obligation of the customer owning enclosed roll-off containers with detachable compactor units, which permit garbage spillage when detached, to clean the area in a timely manner so as to not cause a delay in reattaching the equipment upon the collectors return from the landfill or disposal site.

      (2)   The customer may request this spillage cleanup by city forces for a fee.

   (C)   It shall be the customer’s responsibility not to overload roll-off containers beyond net legal transporting weights. Legal gross transporting weight shall include vehicle and container weights. Overloaded container situations will be corrected at the customers expense.

(1995 Code, § 7.16.050) (Ord. 18-05, passed 9-18-2018)

   The general requirements for providing residential and commercial collections are as follows.

   (A)   Where commercial collections are made from private alleys and access ways approaches shall be maintained in such a manner as not to be a hazard to solid waste personnel and equipment, and provide a safe and convenient entrance to and through the premises for the purpose of collecting garbage.

   (B)   The approach to privately-owned containers, or containers furnished by the city, must be kept clear. An unaccessible container will not be dumped at the scheduled time. There will be an extra charge to dump a container other than at the scheduled time.

   (C)   Private alleys and access ways shall be structurally designed and constructed at the customer’s expense to accommodate a loaded garbage vehicle to enter for service without damage to entry way. The city will not be held responsible for any damage to customer’s entry way resulting from normal collection service by a loaded garbage vehicle.

   (D)   Over-filled containers and excess trash on top of containers shall constitute a special haul.

   (E)   All persons or businesses utilizing privately-owned containers, or containers furnished by the city, are responsible for the sanitary conditions of each container or receptacle and the proximity thereof and must keep lids and doors closed when not in use. All persons and businesses will be responsible for city-owned containers which are burned or damaged due to other than normal wear and tear and will be charged for necessary repairs or replacement.

   (F)   Items that are likely to cause damage to standard city containers or the collection vehicles will not be regularly picked up. Some examples are, but are not limited to, timbers or tree trunks larger than four inches in diameter or longer than five feet, engine blocks, head, transmissions axles, spring assemblies or drive shafts, all of which shall constitute a special haul.

   (G)   Where container enclosures are required by the Planning Commission for aesthetic and other considerations, the enclosure design shall conform to minimum standard dimensions on file in the office of the Public Works Director.

   (H)   Garbage collection service to a development with private streets may be considered in accordance with the provisions of Board of Public Utilities Commission Res. 292.

   (I)   The customer shall be responsible for the contents of the container conforming to acceptable federal, state and county Class 2 landfill or disposal site. Recyclable materials and organic materials shall be separated from other solid waste for collection and placed in appropriate containers.

(1995 Code, § 7.16.060) (Ord. 18-05, passed 9-18-2018)

   Special commercial service may be required of, or requested by, the customer as follows.

   (A)   Direct truck access service shall be provided at a location where the container can be directly serviced by the collector/driver remaining in vehicle at all times without backing and shall constitute the standard or basic service.

   (B)   Gated access service shall be provided at a location where the collector/driver exits the vehicle before and/or after service to open and close enclosure or property access gates.

   (C)   Roll-out access service shall be provided at a location where collector/driver exits vehicle before service to roll out and align castored container, which is situated at an angle or location other than with direct truck access, with the collection vehicle. After service collector/driver must exit the vehicle again to return container to its designated angle or location. Due to physical restrictions and container weight, the maximum container size permitted under this service is three cubic yards.

   (D)   Combined access service shall be provided where container service requires both gated and roll-out service. Maximum container size is three cubic yards.

   (E)   Although backup cameras and monitors are standard equipment on commercial collection vehicles, it shall be the policy of the Solid Waste Manager, for safety reasons, to prohibit container placement locations which cause excessive vehicle backing situations.

   (F)   Where property dimensions and physical development orientation permits, each customer will be required to have individual containers; otherwise, shared service may be requested from Solid Waste Manager.

   (G)   Abandoned, dead domestic pets shall be separated from normal refuse and disposed of by the customer.

   (H)   Syringes, needles and other possible infectious waste materials shall be separated from normal garbage. Customer shall contact Solid Waste Manager for proper handling and disposal.

(1995 Code, § 7.16.070) (Ord. 18-05, passed 9-18-2018)

   Garbage may not be placed in alleyways for service. Garbage must be placed at the curb/gutter. Garbage must be placed at such designated place by 6:00 a.m. on days set for collection and empty containers removed from curb/gutter the same day.

(1995 Code, § 7.16.080) (Ord. 18-05, passed 9-18-2018)

   The city shall service garbage, recyclable materials, and organic materials collections containers once each week from all dwelling units in the city. The city shall collect daily (except Sundays) if required from all business and commercial establishments.

      (1)   Comply with the requirements in this chapter by delivering recyclable materials or organics materials to permitted facilities that will process those materials in accordance with the requirements and intent of this chapter.

      (2)   Complete and retain on-site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this chapter or any other applicable law or regulation. A copy of such form shall be completed and remitted annually to the Public Works Director or designee.

      (3)   Provide proof of compliance with this chapter, upon request by the city; proof includes, but is not limited to, a receipt from a recycling or organics processing facility that clearly identifies the type and quantity of material delivered.

      (1)   The state, a special district or other local public agency other than the city, as defined, or any employee thereof, when collecting or transporting recyclable materials produced by operation or system of the entities described above.

      (2)   Municipal corporations and governmental agencies other than city using their own vehicles and employees engaged in the collection, transportation or disposal of recyclable materials within the boundaries of the city.

      (3)   Commercial customers that can provide documentation to the satisfaction of the Public Works Director or designee that no organic materials and recyclable materials are generated by that commercial customer generator, its employees, customers, tenants, businesses practices, and other persons or processes which occur on the premises of the commercial customer generator. This exemption may be granted only if the commercial customer generator is not subject to the requirements of AB 1826 or AB 341.

      (4)   Commercial customers that can provide documentation to the satisfaction of the Public Works Director or designee that there is inadequate space for the commercial customer to store sufficient containers for recyclable materials and organic materials on site and that it is infeasible for the commercial customer to share recyclable materials or organic materials containers with adjacent commercial facilities or multi-family dwellings. This exemption may be granted only if the commercial customer is not subject to the requirements of AB 1826 or AB 341.

      (5)   Commercial customers that can provide documentation to the satisfaction of the Public Works Director or designee that compliance with this chapter will result in violating city zoning or other regulations. This exemption may be granted only if the commercial customer generator is not subject to the requirements of AB 1826 or AB 341.

      (1)   The Public Works Director or designee shall review commercial customer data to confirm whether all commercial customers are compliant with the requirements of this chapter by reviewing subscription levels of garbage, organics and recycling collection services. Those commercial customers who do not subscribe to the required collection services with the city will be notified of the requirement to subscribe or self-haul organics and recyclables. Those commercial customers who do not subscribe to the required services with the city, but who can produce evidence of legitimate self-haul of organics and recyclables will be deemed compliant with this chapter, whereas those who cannot will be deemed non-compliant.

      (2)   The Public Works Director or designee shall annually work with any non-compliant commercial customers in order to bring them into compliance with the requirements of this chapter by providing outreach, education, and technical assistance to facilitate compliance.

      (3)   Commercial customers shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter within 30 days of notification of non-compliance. Failure to demonstrate compliance with the requirements of this chapter shall be cause for enforcement.

(1995 Code, § 7.16.090) (Ord. 18-05, passed 9-18-2018)

   Dirt, sod, tree stumps, stones, broken concrete, furniture, appliances, construction debris, demolition debris and other building materials are not considered to be normal household rubbish; however, they will be handled on a special haul basis for which an extra charge is made. Tree and shrub trimmings which cannot be placed in containers for organic materials, as provided in § 7.16.010 of this chapter, shall be handled on a special haul basis for which an extra charge will be made.

(1995 Code, § 7.16.100) (Ord. 18-05, passed 9-18-2018)

   Carry-out residential service shall be provided at a set fee per container when containers are located other than curb side.

(1995 Code, § 7.16.110) (Ord. 18-05, passed 9-18-2018)

   Billing and collection charges for garbage and street sweeping services shall be included on the regular city utility bill to customers who have city water service. When the garbage collection and street sweeping customer does not have city water service, a separate bill for garbage collection and street sweeping services shall be mailed in accordance with standard billing procedures to the person who owns or controls the premises serviced.

(1995 Code, § 7.16.120) (Ord. 18-05, passed 9-18-2018)

   (A)   All charges for garbage collection and street sweeping services included on utility bills shall be due and payable at the same time as other city utility charges. If a bill for garbage collection and street sweeping services is not paid within the time provided, the city may discontinue water and other services to the premises.

   (B)   All collection service bills, if not a part of the city utility bills, shall become delinquent at 5:00 p.m. on the twentieth day following each applicable billing month. If a bill for garbage collection and street sweeping services is not paid within the time, a collection charge of 10% per month will be added and collection shall be enforced by law.

(1995 Code, § 7.16.130) (Ord. 18-05, passed 9-18-2018)

   The Solid Waste Manager shall, subject to approval of the Board of Public Utilities of the city, supervise the collection, removal and disposal of all refuse and establish routes, days and hours for collection and may change the same from time to time. When such routes, days and hours are established or changed, he or she shall give such notice thereof as he or she may deem advisable.

(1995 Code, § 7.16.140) (Ord. 18-05, passed 9-18-2018)

   Fees to be collected by the city for the collection and removal of garbage and for street sweeping services shall be set by resolution by the Board of Public Utilities Commissioners of the city.

(1995 Code, § 7.16.150) (Ord. 18-05, passed 9-18-2018)

   The city will issue a residential vacancy credit for garbage services, provided the period of the vacancy is three months or longer. The amount of the credit shall be equal to the monthly refuse service charge. A written application for a vacancy must be submitted by the property owner or tenant a minimum of ten working days prior to the date of the actual vacancy. No vacancy credit will be allowed if an application is requested or received after the actual vacancy has occurred. The Director shall have the authority to establish a fee for the actual cost of providing a vacancy credit and the resumption of services. No vacancy credits are established for commercial or industrial businesses.

(Ord. 09-02, passed - -2009) (Ord. 18-05, passed 9-18-2018)

   Special event recycling and organics collection required. For a special event, in addition to any other conditions the city requires as part of the special event permit, the responsible party shall either arrange for commingled or source separated collection and processing of garbage, recycling and organics or shall arrange for and provide recycling and organics containers throughout the event location to make source separation of recyclable materials, organic materials and garbage convenient for the employees, volunteers, contractors, customers of the food vendors and attendees of the event. This includes arranging for collection and appropriate processing of all garbage, organics and recycling collected during the special event. Requirements for special events not utilizing commingled or source separated collection services provided by the franchised hauler include:

   (A)   The minimum number of recycling and organic containers shall equal or exceed the number of garbage containers. Containers for garbage, organics and recyclables shall be collocated throughout the event location in order to provide equally convenient access to users.

   (B)   All of the containers must have appropriate signage and be color coded to identify the type of materials to be deposited and meet any additional design criteria established by the city by regulation.

   (C)   Food vendors must have at least one separate container each for recyclable materials, organic materials and garbage for use by customers and visitors. Multiple food vendors that provide disposable food service ware and share a common eating area may share an appropriate number, size, and placement of containers for recyclable materials, organic materials and garbage for convenient use by customers or visitors or have common access to such a container which shall be located within a reasonable proximity of the vendors.

   (D)   The types of recyclable materials suitable for deposit into each container shall include, at a minimum; plastic bottles and jars, paper, cardboard, glass, newspaper, metal containers, and cans. Each recycling container shall be clearly identified as a recycling container and shall display a list of types of recyclable materials which may be deposited into the recycling container.

(Ord. 18-05, passed 9-18-2018)

   The City of Tulare finds and declares:

   (A)   The purpose of this chapter is to implement state laws in order to reduce the amount of recyclable, e.g., non-organic and organic, solid wastes deposited in landfills from the city's commercial businesses, residents, and self-haulers.

   (B)   State recycling law, Assembly Bill 939 of 1989, the Cal. Integrated Waste Management Act of 1989 (Cal. Public Resources Code §§ 40000 et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

   (C)   State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the state of California on October 5, 2011, which amended §§ 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added §§ 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with § 42649) to Part 3 of Division 30 of, and added and repealed § 41780.02 of, Cal. Public Resources Code as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multifamily property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program.

   (D)   State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with § 42649.8) to Part 3 of Division 30 of the Cal. Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multifamily property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, and requires jurisdictions to implement a mandatory commercial organics recycling program.

   (E)   SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.

   (F)   SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations. This chapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.

   (G)   Requirements in this chapter are consistent with other adopted goals and policies of the city to reduce waste and lower emissions of greenhouse gases.

   (H)   This chapter is intended to supplement the city's general regulation of solid waste set forth in other portions of the City's Municipal Code, including, but not limited to, Chapter 7.16.

(Ord. 2022-07, passed 6-7-2022)

   This chapter shall be entitled "Mandatory Recycling and Organic Waste Disposal Reduction."

(Ord. 2022-07, passed 6-7-2022)

   For the purposes of this chapter, certain words and terms are defined as follows.

   EXCLUDED WASTE. Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in city's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Cal. Public Resources Code §§ 41500 and 41802.

      (1)   A food bank as defined in Cal. Health and Safety Code § 113783;

      (2)   A nonprofit charitable organization as defined in Cal. Health and Safety Code § 113841; and

      (3)   A nonprofit charitable temporary food facility as defined in Cal. Health and Safety Code § 113842.

   A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7).

   LARGE VENUE. A permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a VENUE FACILITY includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR § 18982(a)(39) differs from this definition, the definition in 14 CCR § 18982(a)(39) shall apply to this chapter.

      (1)   Federal facilities located within the boundaries of the city, including but not limited to United States Postal Service, Immigration and Customs Enforcement, and Federal Bureau of Investigations.

      (2)   County fairgrounds located within the boundaries of the city, including Tulare County Fairgrounds owned by State of California.

      (3)   Reserved.

      (4)   Local school districts within the boundaries of the city, including but not limited to Tulare City School District and Tulare Joint Union High School District.

      (5)   Public universities located within the boundaries of the city, including but not limited to the College of the Sequoias.

      (6)   State agencies located within the boundaries of the city, including but not limited to Department of Vehicles, California Highway Patrol, and California Department of Transportation.

      (1)   Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container;

      (2)   Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container;

      (3)   Discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city's green container and/or blue container; and

      (4)   Excluded waste placed in any container.

      (1)   Hazardous waste, as defined in the Cal. Public Resources Code § 40141.

      (2)   Radioactive waste regulated pursuant to the Cal. Radiation Control Law (Chapter 8 (commencing with § 114960) of Part 9 of Division 104 of the Cal. Health and Safety Code).

      (3)   Medical waste regulated pursuant to the Cal. Medical Waste Management Act (Part 14 (commencing with § 117600) of Division 104 of the Cal. Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Cal. Public Resources Code § 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the Cal. Public Resources Code.

      (1)   Supermarket.

      (2)   Grocery store with a total facility size equal to or greater than 10,000 square feet.

      (3)   Food service provider.

      (4)   Food distributor.

      (5)   Wholesale food vendor.

      (1)   Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

      (2)   Hotel with an on-site food facility and 200 or more rooms.

      (3)   Health facility with an on-site food facility and 100 or more beds.

      (4)   Large venue.

      (5)   Large event.

      (6)   A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

      (7)   A local education agency facility with an on-site food facility.

(Ord. 2022-07, passed 6-7-2022)

   (A)   Generators shall have and maintain a three-container solid waste collection system consisting of blue containers, gray/brown containers and green containers, and shall comply with the general requirements specified in other portions of the City's Municipal Code, including, but not limited to, Chapter 7.16.

   (B)   Generators shall separate materials into their correct containers and shall not place prohibited container contaminants in any container.

   (C)   Generators shall provide adequate onsite parcel space for three-container solid materials systems, unless otherwise allowed by the city. The container space or refuse enclosure shall be large enough to accommodate a minimum of three containers, including additional space for accessibility by persons and collection vehicles.

   (D)   Generators shall maintain and keep materials containers areas, including refuse enclosures, clean, free of litter, debris, stored supplies, equipment and other materials, and unsanitary conditions, and safely accessible to users and city staff and vehicles.

(Ord. 2022-07, passed 6-7-2022)

   Single-family organic waste generators shall comply with the following requirements:

   (A)   Shall subscribe to city's organic waste collection services for all organic waste generated as described in division (B) of this section. City shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, single-family generators shall adjust its service level for its collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR § 18984.9(c).

   (B)   Shall participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.

      (1)   A three and three plus container collection service (blue container, green container, and gray container).

         (a)   Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.

   (C)   Accommodate and cooperate with the city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with § 7.17.040(B). The remote monitoring program may involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.

(Ord. 2022-07, passed 6-7-2022)

   Generators that are commercial businesses, including multifamily residential dwellings, shall:

   (A)   Subscribe to city's collection services and comply with requirements of those services as described below in this section, except commercial businesses that meet the self-hauler requirements in § 7.17.110. City shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the city.

   (B)   Subscribe to nonorganic recyclables service if the customer generates four cubic yards or more of solid waste weekly or if otherwise required by law.

   (C)   Except commercial businesses that meet the self-hauler requirements in § 7.17.110, participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below.

      (1)   A three and three plus container collection service (blue container, green container, and gray container).

         (a)   Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generator may place recyclable materials in gray container if mixed waste material recovery service is utilized and approved by the city. Generator shall not place materials designated for the gray container into the green container or blue container.

   (D)   Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with divisions (E)(1) and (E)(2) of this section) for employees, contractors, tenants, and customers, consistent with city's collection service or, if self-hauling, per the commercial business' instructions to support its compliance with its self-haul program, in accordance with § 8.14.100.

   (E)   Excluding multifamily residential dwellings, provide containers for the collection of source-separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR § 18984.9(b), the containers provided by the business shall have either:

      (1)   A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

      (2)   Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

   (F)   Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirement in division (E) of this section pursuant to 14 CCR § 18984.9(b).

   (G)   To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial business' instructions to support its compliance with its self-haul program, in accordance with § 7.17.110.

   (H)   Excluding multifamily residential dwellings, periodically inspect all containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR § 18984.9(b)(3).

   (I)   Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.

   (J)   Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.

   (K)   Provide or arrange access for city or its agent to their properties during all inspections conducted in accordance with § 7.17.120 to confirm compliance with the requirements of this chapter.

   (L)   If a commercial business wants to self-haul, meet the self-hauler requirements in § 7.17.110.

   (M)   Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR § 18984.9(c).

   (N)   Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to § 7.17.080.

(Ord. 2022-07, passed 6-7-2022)

      (1)   Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in division (A)(2) of this section.

      (2)   Provide documentation that either:

         (a)   The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or

         (b)   The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business' total waste.

      (3)   Notify city if circumstances change such that commercial business' organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

      (4)   Provide written verification of eligibility for de minimis waiver every five years, if city has approved de minimis waiver.

   A commercial business or property owner may request a physical space waiver through the following process:

      (1)   Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

      (2)   Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.

      (3)   Provide written verification to the city that it is still eligible for physical space waiver every five years, if city has approved application for a physical space waiver.

   (C)   The city may provide any additional waivers of the requirements of this chapter to the extent permitted by applicable law. The city manager or designee shall be responsible for determining the grounds for the waiver, its scope, and appropriate administration.

(Ord. 2022-07, passed 6-7-2022)

   (A)   Tier one commercial edible food generators must comply with the requirements of this section commencing June 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2023.

   (B)   Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2023.

   (C)   Commercial edible food generators shall comply with the following requirements:

      (1)   Arrange to recover the maximum amount of edible food that would otherwise be disposed.

      (2)   Contract with, or enter into a written agreement with, food recovery organizations or food recovery services for:

         (a)   The collection of edible food for food recovery; or

         (b)   Acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

      (3)   Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

      (4)   Allow city's designated enforcement entity or designated third-party enforcement entity to access the premises and review records pursuant to 14 CCR § 18991.4.

      (5)   Keep records that may be provided to the city upon request that include the following information, or as otherwise specified in 14 CCR § 18991.4:

         (a)   A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR § 18991.3(b).

         (b)   A copy of all contracts or written agreements established under 14 CCR § 18991.3(b).

         (c)   A record of the following information for each of those food recovery services or food recovery organizations:

            1.   The name, address and contact information of the food recovery service or food recovery organization.

            2.   The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

            3.   The established frequency that food will be collected or self-hauled.

            4.   The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

   (D)   Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 (commencing with § 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Cal. Education Code, and to amend § 114079 of the Cal. Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. 2022-07, passed 6-7-2022)

   (A)   Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(1):

      (1)   The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

      (2)   The quantity in pounds of edible food collected from each commercial edible food generator per month.

      (3)   The quantity in pounds of edible food transported to each food recovery organization per month.

      (4)   The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

   (B)   Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(2):

      (1)   The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

      (2)   The quantity in pounds of edible food received from each commercial edible food generator per month.

      (3)   The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

   (C)   Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR § 18991.3(b) shall report to the city it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR § 18991.3(b) no later than February 15 annually.

(Ord. 2022-07, passed 6-7-2022)

      (1)   Permitted haulers providing residential, commercial, or industrial organic waste collection services to generators within the city's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:

         (a)   Through written notice to the city annually on or before February 15 identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated green container organic waste, and mixed waste.

         (b)   Transport source separated recyclable materials, source separated green container organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

         (c)   Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR § 18989.1, § 7.17.100 of this chapter.

      (2)   Permitted hauler's authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with city.

      (1)   Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.

      (2)   Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days.

(Ord. 2022-07, passed 6-7-2022)

   (A)   Self-haulers shall source separate all recyclable materials and organic waste generated on site from solid waste in a manner consistent with 14 CCR §§ 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR § 18984.3.

   (B)   Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

   (C)   Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be reported to the city on a quarterly basis. The records shall include the following information:

      (1)   Delivery receipts and weight tickets from the entity accepting the waste.

      (2)   The amount of material in cubic yards or tons transported by the generator to each entity.

      (3)   If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

   (D)   The quarterly report shall be submitted to the city by the following dates:

      (1)   First Quarter (January 1 - March 31), Report Due: April 21.

      (2)   Second Quarter (April 1 - June 30), Report Due: July 21.

      (3)   Third Quarter (July 1 - September 30), Report Due: October 21.

      (4)   Fourth Quarter (October 1 - December 31), Report Due: January 21.

   (E)   A residential organic waste generator that self-hauls organic waste is not required to record or report information in division (C) of this section.

(Ord. 2022-07, passed 6-7-2022)

   (A)   City representatives are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection.

   (B)   Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for:

      (1)   Access to an entity's premises; or

      (2)   Access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

   (C)   Any records obtained by a city during its inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Cal. Gov’t Code §§ 6250 et seq.

   (D)   City representatives are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

   (E)   City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.

(Ord. 2022-07, passed 6-7-2022)

   (A)   Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. Fines will follow the schedule for infractions as defined in § 1.04.030 subject to any minimum fine amounts set forth in the SB 1383 regulations. The city's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

   (B)   Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.

      (1)   Enforcement pursuant to this chapter may be undertaken by the city enforcement official.

      (1)   City enforcement officials will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. § 7.17.120 establishes city's right to conduct inspections and investigations.

      (2)   City may issue an official notification to notify regulated entities of its obligations under this chapter.

      (3)   City shall issue a notice of violation requiring compliance within 60 days of issuance of the notice.

      (4)   Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to § 7.17.130. All applicable appeals and collection procedures shall apply. Moreover, during any appeal, the decision-maker shall consider any applicable factors required by regulation of CalRecycle.

      (1)   For a first violation, the amount of the base penalty shall be $50 per violation.

      (2)   For a second violation, the amount of the base penalty shall be $100 per violation.

      (3)   For a third or subsequent violation, the amount of the base penalty shall be $250 per violation.

      (1)   Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

      (2)   Delays in obtaining discretionary permits or other government agency approvals; or

      (3)   Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR § 18996.2 due to those deficiencies.

(Ord. 2022-07, passed 6-7-2022)

   The purpose of this chapter is to increase the recycling and reuse of construction and demolition (C&D) debris, consistent with the goals of the California Integrated Waste Management Act of 1989.

(Ord. 05-1995, passed 12-20-2005; Ord. 18-05, passed 9-18-2018)

   For the purposes of this chapter, the following words and phrases shall have the following meanings unless the context otherwise requires.

   ACCESSORY STRUCTURE. A structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or structure to which it is an accessory. The structure is customary, incidental and subordinate to the use of the principal building or the principal use of the land. All ACCESSORY STRUCTURES shall be constructed with, or subsequent to, the construction of the principal structure or activation of the principal use.

   APPLICANT. Any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake any construction, demolition or renovation project within the city, as defined in this chapter, and who is, therefore, responsible for meeting the requirements of this chapter.

   BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this chapter, or the Building Official’s duly authorized representative.

   CONSTRUCTION. All building, landscaping, remodeling, including the addition, removal or destruction of buildings and landscaping.

   CONSTRUCTION AND DEMOLITION DEBRIS.

      (1)   Used or commonly discarded materials generally considered to be not water soluble and non-hazardous in nature, including but are not limited to, steel, copper, aluminum, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project; or

      (2)   Remnants of new materials, including but are not limited to, cardboard, paper, plastic, wood and metal scraps from any construction, demolition and/or landscape project.

   CONTRACTOR. Any person or entity holding, or required to hold, a contractor’s license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor, owner-builder, or otherwise) any construction, demolition, remodeling, renovation or landscaping service relating to buildings or accessory structures in the City of Tulare.

      (1)   Demolition projects that are 500 square feet or greater;

      (2)   Any project involving renovation of a kitchen and/or bath facility irrespective of total square footage or value;

      (3)   The renovation, remodel or addition to an existing residential structure that is equal to or greater than 500 square feet and/or projects that exceed $20,000;

      (3)   The renovation, remodel or addition to an existing commercial or multi-family residential structure that is equal to or greater than 1,000 square feet and/or projects that exceed $20,000;

      (4)   Residential development and any new residential structure that is equal to or greater than 1,000 square feet and/or projects that exceed $20,000;

      (5)   Commercial or multi-family residential development, and any new structure that is equal to or greater than 1,000 square feet and/or projects that exceed $20,000;

      (6)   All city sponsored construction, demolition and renovation projects that are equal to or greater than 1,000 square feet; and

      (7)   All city public works and construction projects which are awarded pursuant to the competitive bid procedures.

   DECONSTRUCTION. A process to dismantle or remove useable materials from structures, in a manner which maximizes the recovery of building materials for reuse and recycling and minimizes the amount of waste transported for disposal in landfills and transformation facilities.

   DEMOLITION. The deconstructing, razing, ruining, tearing down or wrecking of any structure, wall, fence or paving, whether in whole or in part, whether interior or exterior. DEMOLITION needs to be done by a contractor or owner-builder.

   DESIGNATED RECYCLABLE AND REUSABLE MATERIALS.

   (1)   Inert solids, asphalt and masonry building materials generally used in construction including, but are not limited to, concrete, rock, stone and brick.

   (2)   Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted.

   (3)   Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use. The following materials are excluded as the materials are not recyclable and should be landfilled: bamboo, palm fronds and yucca.

   (4)   Metals including all metal scrap such as, but are not limited to, pipes, siding, window frames, door frames and fences.

   (5)   Roofing materials including wood shingles and shakes as well as asphalt, stone and slate based roofing material.

   (6)   Salvageable materials and structures including, but are not limited to, doors, windows, fixtures, hardwood flooring, sinks, bathtubs and appliances.

   (7)   Any other materials that the Building Official determines can be diverted due to the identification of a recycling facility, reuse facility or market accessible from the city.

   DIVERT and DIVERSION. To use material for any lawful purpose other than disposal in a landfill, transformation facility or alternative daily cover. Methods to divert materials from landfills include reuse, salvage and recycling. DIVERSION does not include illegal dumping.

   EMERGENCY DEMOLITION. An emergency demolition can be performed only when a facility is determined to be structurally unsound and in danger of imminent collapse and a state or local government agency has issued an immediate demolition order. The order for emergency demolition only applies to the part of the building that is unsound; attached buildings may not be demolished under this order and must be treated as a regular demolition.

   FACILITIES. Recycling, salvage and reuse establishments and landfills.

   INERT SOLIDS. Includes asphalt, concrete, rock, stone, brick, sand, soil and fines.

   NON-COVERED PROJECTS. Construction, demolition and renovation projects within the city that do not meet the established thresholds for covered projects.

   OWNER-BUILDER. See CONTRACTOR.

   PERMIT. An official document or certificate issued by the Building Official authorizing performance of a specified activity.

   PROJECT. Any activity involving construction, demolition or renovation, and which requires issuance of a permit from the City of Tulare.

   RECYCLABLES. Materials which would otherwise become solid waste but which are capable of or suitable for recycling.

   RECYCLING. The process of collecting, sorting, cleansing, treating and reconstituting or converting construction and demolition debris that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace or in the form of useable energy. RECYCLING does not include transformation.

   RECYCLING AND REUSE PLAN. A form provided by the city for the purpose of compliance with this chapter that must be submitted by the applicant for any covered project.

   RENOVATION. Any change, addition or modification to an existing structure.

   REUSE. Further or repeated use of construction and demolition debris.

   SALVAGE. The controlled removal of materials from a covered project for the purpose of recycling, reuse or storage for later reuse.

   SOURCE SEPARATED. Recyclables that have been segregated from solid waste by or for the generator thereof on the premises at which they were generated for handling different from that of solid waste.

   STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

(Ord. 05-1995, passed 12-20-2005; Ord. 18-05, passed 9-18-2018)

   Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall be counted towards the diversion requirements of this chapter.

(Ord. 05-1995, passed 12-20-2005; Ord. 18-05, passed 9-18-2018)

   (A)   One hundred percent of inert solids and at least 50% by weight of the remaining construction and demolition debris resulting from the project shall be diverted to an approved facility or by salvage. The project’s overall diversion rate must meet California Green Building Standards Code minimum requirements for construction and demolition waste diversion.

   (B)   For each covered project, the diversion requirements of this chapter shall be met by submitting and following a C&D Debris Recycling and Reuse Plan that includes the following:

      (1)   Deconstructing and salvaging all or part of the structure as practicable;

      (2)   Directing 100% of inert solids to reuse or recycling facilities approved by the city, and

      (3)   Source separating non-inert materials, such as cardboard and paper, wood, metals, organic materials, new gypsum wallboard, tile, porcelain fixtures, and other easily recycled materials, and directing them to recycling facilities approved by the city and taking the remainder (but no more than 50% by weight) to a facility for disposal.

   (C)   The applicant for any covered project shall make reasonable efforts to ensure that all construction and demolition waste diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by measurement on scales that are in compliance with all regulatory requirements for accuracy and maintenance.

   (D)   Although it may not be an explicit condition of the building permit, contractors working on non-covered projects are encouraged to divert material from construction and demolition projects to the maximum extent practicable in accordance with this chapter.

(Ord. 05-1995, passed 12-20-2005; Ord. 18-05, passed 9-18-2018)

   (A)   Emergency demolition required to protect the public health, safety or welfare.

   (B)   City-sponsored demolition of a substandard structure or construction required to protect public health or safety in an emergency.

   (C)   Projects in any single-family residential district, which consist solely of a swimming pool.

   (D)   Projects for which only a plumbing permit, electrical penult or mechanical permit is required.

   (E)   A project for which a valid building permit has been lawfully issued by the city prior to the effective date of this chapter.

   (F)   A project of city public construction for which the notice inviting bids has been published prior to the effective date of this chapter.

(Ord. 05-1995, passed 12-20-2005; Ord. 18-05, passed 9-18-2018)

   (A)   Prior to issuance of permit, every applicant for building or demolition permits involving any covered project shall complete and submit a properly completed C&D Debris Recycling and Reuse Plan to the Building Official, unless an C&D Debris Recycling and Reuse Plan for the project is already on file with the Public Works Department, and within 30 days following project completion.

   (B)   A C&D Debris Recycling and Reuse Plan must contain all of the following information:

      (1)   The name and address of the person applying for the permit.

      (2)   Unless waived by the Building Official or designee, evidence that the owner or owners of the subject property acknowledge that they are aware of and understand that a violation of any provision of this chapter may result in the imposition of penalties and that any unpaid penalties imposed may be declared a lien on the subject property.

      (3)   A description of the project, including location, scope, required permit(s) and estimated timeline for completion of the project.

      (4)   The intended salvage, reuse and recycling facilities, chosen from a list of facilities approved by the city, to use, collect or receive all construction and/or demolition debris from the project.

      (5)   The names and addresses of all vendors and facilities proposed to be used to collect, receive, dispose, recycle, reuse or salvage the project C&D debris.

   (6)   The recycling or reuse percentage rate, as applicable, of each vendor and facility proposed to be used to recycle or reuse the project C&D debris.

(Ord. 05-1995, passed 12-20-2005; Ord. 18-05, passed 9-18-2018)

   (A)   A C&D Debris Recycling and Reuse Plan shall be approved or denied no later than 30 days after a complete application is made.

   (B)   Notwithstanding any other provision of this chapter, no permit shall be issued for any covered project unless and until the C&D Debris Recycling and Reuse Plan has been approved.

      (1)   All of the information has been remitted on the C&D Debris Recycling and Reuse Plan.

      (2)   The C&D Debris Recycling and Reuse Plan establishes a mechanism such that the diversion requirement shall be met.

   (C)   If the Public Works Director determines that the C&D Debris Recycling and Reuse Plan application is incomplete or fails to indicate that 100% of inert solids and at least 50% by weight of all construction and demolition debris generated by the project will be reused or recycled, he or she shall either:

      (1)   Return the C&D Debris Recycling and Reuse Plan application to the Building Official marked “Denied,” including a statement of reasons, which shall then immediately stop processing the building or demolition permit application; or

      (2)   Return the C&D Debris Recycling and Reuse Plan to the Building Official marked “Further Explanation Required.”

   (D)   Within 30 days following project completion, a final compliance report containing the following information and documentation must be submitted to the Building Official, listing every vendor or facility that collected, transported or received any C&D debris.

      (1)   Copies of receipts from every vendor or facility that collected, transported or received any project C&D debris. Each receipt must specify the weight of any project C&D debris handled by the vendor or facility and must clearly demonstrate that all such C&D debris originated from the project site.

      (2)   A calculation of the actual percentage, determined by weight, of project C&D debris that was recycled or reused for each vendor or facility that collected, transported or received material.

      (3)   A description of the manner in which the project C&D debris was recycled or reused and the name and address of all vendors and facilities employed in the recycling or reuse of project C&D debris, including the recycling or reuse rate of each vendor or facility, as applicable.

   (E)   Failure to accurately account for and submit the required documentation for all project C&D debris in the final compliance report constitutes a violation of this chapter.

(Ord. 05-1995, passed 12-20-2005; Ord. 18-05, passed 9-18-2018)

   (A)   Application. If an applicant for a covered project experiences circumstances that the applicant believes make it infeasible to comply with established diversion requirements, the applicant may request, in writing, an exemption from one or all of the waste diversion requirements during the building permit process.

   (B)   Meeting with Public Works Director. The Public Works Director, or designee, shall review all exemption request information supplied by the applicant and may meet with the applicant to assess alternative ways of meeting waste diversion requirements. Based on the information supplied by the applicant, the Public Works Director, or designee, shall determine whether it is possible for the applicant to meet any or all of the diversion requirements of the project.

   (C)   Granting of exemption. If it is determined that it is infeasible for the applicant to meet all of the diversion requirements specified herein, the Public Works Director, or designee, shall determine alternate permit conditions and the Building Official will inform the applicant, in writing, of any such alternative requirements.

(Ord. 05-1995, passed 12-20-2005; Ord. 18-05, passed 9-18-2018)

   During the term of the covered project, the applicant shall according to the applicant’s C&D Debris Recycling and Reuse Plan recycle, reuse or divert the required percentages of waste, and keep records of the tonnage. To the maximum extent feasible, project waste shall be source separated on-site to increase diversion.

(Ord. 05-1995, passed 12-20-2005; Ord. 18-05, passed 9-18-2018)

   (A)   Progress reports during construction may be required.

   (B)   All documentation is subject to verification by the city.

   (C)   It is unlawful for any person to submit documentation to the city under this chapter which that person knows to contain any false statements, including but not limited to, false statements regarding tonnage of materials recycled or diverted.

(Ord. 05-1995, passed 12-20-2005; Ord. 18-05, passed 9-18-2018)

   The Public Works Director or his or her designee shall administer this chapter and shall enforce the requirements of this chapter, including but not limited to, the authority to order that work be stopped where any work is being done contrary to the provisions of this chapter.

(Ord. 05-1995, passed 12-20-2005; Ord. 18-05, passed 9-18-2018)

   Any person violating any of the provisions of this chapter shall be guilty of an infraction and shall be punishable as provided in § 1.12.010 of this Municipal Code. Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of this chapter is committed, permitted or continued by such person, and shall be punishable therefore as provided herein above.

(Ord. 05-1995, passed 12-20-2005; Ord. 18-05, passed 9-18-2018)

   (A)   Except as herein provided, all appeals of decisions made by the Building Official or the Public Works Director, or designee, on matters set forth in this chapter may be appealed by filing a letter with the City Clerk no later than ten days after the day on which the decision was made. The appeal shall state the name of the person making the appeal, the decision that is being appealed and the reasons for the appeal, including an error, abuse of discretion or a decision that is not supported by the evidence in the record. The filing of an appeal shall have the effect of staying the issuance of any permit or procedure until such time as the matter on appeal is resolved.

   (B)   Within ten calendar days after the date on which written notice of the decision is mailed or delivered to the owner, applicant or other interested party, the owner, applicant, other interested party or his authorized designee may appeal to the Board of Public Utilities Commissioners for review of the decision. The decision shall be final unless such an appeal is filed within ten calendar days of the mailing or delivery of notices to the applicant.

(Ord. 05-1995, passed 12-20-2005; Ord. 18-05, passed 9-18-2018)

   The Tulare City Council finds and declares all of the following purposes for this chapter:

   (A)   To achieve the mandates imposed by the Integrated Waste Management Act of 1989 (AB 939) on a regional basis;

   (B)   To enact a comprehensive and innovative system for the proper and legal management of home-generated sharps waste, as defined in § 7.19.020, in the City of Tulare in accordance with Section 118286 of the Cal. Health and Safety Code;

   (C)   To enact a law that establishes a program that is convenient for consumers and the public to return and ensure the safe and environmentally sound disposal of home-generated sharps waste, and to provide a "no-cost" system for consumers for the return of home-generated sharps waste;

   (D)   To assure that the costs associated with the handling and disposal of home-generated sharps waste are the responsibility of the producers and retailers of home-generated sharps waste, and not local governments or their service providers, state or local government, or taxpayers;

   (E)   To reduce the likelihood of the illegal disposal of home-generated sharps waste;

   (F)   To ensure that all costs associated with the proper management of home-generated sharps waste are internalized by the producers and retailers of home-generated sharps waste at or before the point of purchase, and not at the point of discard;

   (G)   To assure that manufacturers and retailers of sharps, while working to achieve the goals and objectives of this chapter, shall have the flexibility to partner with each other, with governmental programs, and with private and nonprofit business enterprises that provide collection and processing services, to develop and promote a safe and effective home-generated sharps waste management system; and

   (H)   To provide for the safe and convenient collection and disposal of 100% of the home-generated sharps waste discarded in the City of Tulare at no cost to the consumer and to comply with the requirements pursuant to State Health and Safety Code prohibiting the disposal of home-generated sharps waste in trash, recycling, yard waste, or landfills as of February 1, 2014.

(Ord. 13-08, passed 1-21-2014)

   For the purposes of this chapter, the following words and phrases shall have the following meanings unless the context otherwise requires.

   CONSUMER. An individual who has purchased sharps for personal use for humans or animals.

   DISTRIBUTOR. A person who sells sharps to a retailer.

   HOME-GENERATED. All sharps as defined below derived from a household, including a multifamily residence, or a single family residence.

   PROPER DISPOSAL OF HOME-GENERATED SHARPS WASTE. Disposal in compliance with the applicable provisions of the California Health and Safety Code by means of an approved/certified medical waste disposal company.

   RECEPTACLE. A rigid puncture-resistant container with a sealable lid approved by the U.S. Food and Drug Administration for the purpose of transporting sharps for disposal.

   RETAILER. Any entity, including but not limited to, a person or business, of whatever form of organization, which sells to the general public sharps in the area to a consumer, including a manufacturer of sharps who sells sharps directly to a consumer.

   SHARPS. Hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications, to humans or animals.

   TULARE AREA. The geographic area that includes the boundaries of the City of Tulare, California.

(Ord. 13-08, passed 1-21-2014)

   (A)   By February 1, 2014, every retailer of sharps sold in the City of Tulare shall establish within the retail outlet a system for the acceptance and collection of home-generated sharps waste for proper disposal.

   (B)   Each system established by a retailer for the acceptance and collection of home-generated sharps waste during the retailer's normal hours of operation, for proper disposal shall, at a minimum, include all of the following elements:

      (1)   A convenient location within the retail establishment for the "take-back" from the consumer of home-generated sharps waste at no cost to that consumer.

      (2)   Appropriate signage, prominently displayed within 5 feet of any entrance to the retail establishment and easily visible to the consumer, indicating that the retail establishment accepts and collects home-generated sharps waste from consumers.

      (3)   An appropriate receptacle or receptacles for the collection of home-generated sharps waste within the retail establishment. The retailer shall assure that all home-generated sharps waste is placed in the receptacle(s).

      (4)   Assurance that the collected home-generated sharps wastes are disposed within the time period established by applicable state law, as

determined, from time to time by the Tulare County Environmental Health Service Department, acting as the Local Enforcement Agency.

      (5)   Comply with all applicable provisions of the California Medical Waste Management Act, Health and Safety Code Sections 117600 et seq.

   (C)   A retailer who is required to accept home-generated sharps waste shall at a minimum provide the following take back services:

      (1)   The take-back from the consumer of home-generated sharps waste that the retailer sold or previously sold to the consumer, at no cost to that consumer. In that event, the retailer may require proof of purchase of the prior sales. The retailer shall only be required to accept home-generated sharps waste in an amount not to exceed the amount previously sold to the consumer.

      (2)   The take-back of home-generated sharps waste from a consumer purchasing sharps from the retailer, at no cost to the consumer. In that event, the retailer shall only be required to accept home-generated sharps waste in an amount not to exceed the amount being purchased.

      (3)   The take-back from the consumer of home-generated sharps waste that the retailer did not sell or previously sell to the consumer, at no cost to that consumer. The retailer shall only be required to accept home-generated sharps waste in an amount not to exceed the equivalent of one 2 quart-size sharps container per week per consumer from any consumer who resides in the City of Tulare area.

(Ord. 13-08, passed 1-21-2014)

   (A)   The city may enforce the provisions of this chapter through a civil action for civil penalties in the amounts established herein, and any other civil remedy, including prohibitory and mandatory injunctive relief, filed in the Superior Court for the County of Tulare to compel and enforce the provisions herein against any retailer within the city who sells sharps in violation of this chapter. In addition to any relief available to enforce this chapter, the city shall also be entitled to recover its reasonable attorneys' fees and costs incurred in enforcing this chapter.

   (B)   For any violation of this chapter, the city may sue to recover civil penalties in the amount of $1,000.00 per day for every day on which a violation exists. For purposes of calculating the civil penalties to be established hereunder, each day on which the retailer fails to comply with the requirements of this chapter, after having received a written notice of violation issued by the city, shall constitute a separate offense.

   (C)   In addition to the civil relief available to the city as set forth above, any violation of this city chapter shall also constitute a criminal offense punishable under the laws of the State of California. The District Attorney, the County Counsel, or any City Attorney shall be authorized to enforce the provisions of this chapter within their respective jurisdictions and shall have the authority to determine whether to prosecute the matter as a misdemeanor, or to elect for good cause to reduce the charge to an infraction. In the event of such criminal enforcement, the following criminal penalties apply to violations of this chapter:

      (1)   Penalty for misdemeanor. Any retailer found to be in violation of any provision of this chapter, or who fails to comply with any of its requirements, shall upon conviction thereof be punished by imprisonment in the county jail for not more than six months, or be fined not more than one thousand dollars ($1,000.00), or by both. Each day such violation continues shall be considered a separate offense.

      (2)   Penalty for an infraction. Any retailer found to be in violation of any provision of this chapter, or who fails to comply with any of its requirements, shall upon conviction thereof be punished by a fine of not more than two hundred fifty dollars ($250.00). Each day such violation continues shall be considered a separate offense.

   (D)   To the extent that the city has adopted a code enforcement ordinance applicable to its jurisdiction, this chapter shall be enforceable under that ordinance as land-use- or code-enforcement violations consistent with that ordinance.

(Ord. 13-08, passed 1-21-2014)

   If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional, ineffective or in any manner in conflict with the laws of the United States, or the State of California, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsection, sentence, clause or phrase be declared unconstitutional, ineffective, or in any manner in conflict with the laws of the United States or the State of California.

(Ord. 13-08, passed 1-21-2014)

   Title, division, part, chapter, article, and section headings contained herein do not in any manner affect the scope, meaning, or intent of the provisions of this chapter.

(Ord. 13-08, passed 1-21-2014)

   This chapter sets forth uniform requirements for the direct and indirect use of the Publicly Owned Treatment Works (POTW) of the city in order to comply with all applicable state and federal standards that are established in accordance with the Clean Water Act of 1977, 33 U.S.C. §§ 1251 et seq., as amended, the General Pretreatment Regulations (40 C.F.R. part 403) and all related and applicable federal regulations and grant conditions as they are now constituted or as they may hereafter be amended or recodified. The objectives of this chapter are:

   (A)   To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system;

   (B)   To prevent the introduction of pollutants into the POTW which will pass through the system inadequately treated or be incompatible with the system;

   (C)   To ensure that the quality of the wastewater treatment plant effluent and sludge is maintained at a level in compliance with state and federal regulations;

   (D)   To protect city personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public;

   (E)   To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW; and

   (F)   To provide for fees for the equitable distribution of the costs of construction and operation of the POTW.

(1995 Code, § 7.20.010) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   For the purpose of this chapter, the following words and phrases shall have the following meanings ascribed to them.

   ABBREVIATIONS. The following abbreviations shall have the designated meanings:

   (A)   BOD. Biochemical oxygen demand.

   (B)   CWA. Clean Water Act, as amended (33 U.S.C. §§ 1251 et seq.).

   (C)   C.F.R. Code of Federal Regulations.

   (D)   EPA. Environmental Protection Agency or any successor agency.

   (E)   mg/l. Milligrams per liter.

   (F)   POTW. Publicly Owned Treatment Works.

   (G)   RWQCB. California Regional Water Quality Control Board, Central Valley Region or any successor agency.

   (H)   SWDA. Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.).

   (I)   U.S.C. United States Code.

   ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended (33 U.S.C. §§ 1251 et seq.).

   APPLICANT. Any person or group of persons who applies for the use of the city’s POTW.

   APPROVAL AUTHORITY. California Regional Water Quality Control Board, Central Valley Region, or any successor agency.

   APPROVED AUTHORITY. Acceptance by the General Manager as to material, workmanship and type of construction as the results of investigations, inspections or tests conducted by him or her, or by reason of accepted principles or tests by the United States Bureau of Standards, American Society for Testing Materials or other nationally recognized authorities.

   AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER.

   (A)   If the industrial user is a corporation:

      (1)   A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;

      (2)   A manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

   (B)   A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively;

   (C)   A director or highest official appointed or designated to oversee the operation, if the industrial user is a federal, state or local government facility; or

   (D)   A duly authorized representative of the individual designated above, if the representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

   BACKWATER VALVE. Any check or other device to prevent the flow of sewage from the public sewer into the building.

   BEST MANAGEMENT PRACTICES or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the general prohibitions, specific prohibitions, and local limits listed in §§ 7.20.470, 7.20.480, and 7.20.495 of this chapter. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

   BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen utilized in biochemical oxidation of organic matter under standard laboratory procedures in five days at 20°Celsius, expressed in milligrams per liter (mg/l).

   BOARD OF PUBLIC UTILITIES. The five Commissioners that control and manage the Department of Public Utilities, as provided in the City Charter.

   BUILDING. Any structure erected for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind.

   BUILDING COURT. Two or more buildings containing four or more dwelling units or two or more commercial and/or industrial buildings on premises or parcel under one ownership and to remain under one ownership.

   BUILDING COURT HOUSE SEWER. The extension from the building drain to the building court main sewer, which shall be located within the building lot boundaries.

   BUILDING COURT MAIN SEWER. The extension from the building court house sewer to a public sewer or other place of disposal.

   BUILDING DRAIN. House drain.

   BUILDING SEWER. House sewer.

   BYPASS. The intentional diversion of waste streams from any portion of an industrial user’s pretreatment facility.

   CATEGORICAL INDUSTRIAL USER. All industrial users subject to categorical pretreatment standards.

   CATEGORICAL PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the United States, in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of industrial users and which appear in 40 C.F.R. Ch. I, Subch. N, parts 405–471, as may be amended.

   CESSPOOL. An excavation in the ground which receives the discharge of a drainage system, or part thereof, so designed and constructed as to retain the organic matter and solids discharged therein, but permitting the liquids to seep through the bottom and sides.

   CITY. The City of Tulare or its designated representative.

   CITY ATTORNEY. The City Attorney of the City of Tulare.

   CITY BUILDING OFFICIAL. The Building Official for the City of Tulare.

   CLASS OF PREMISES. All types of residential, commercial or industrial establishments connected to the city’s wastewater system will be classified into similar classes of dischargers for the purpose of billing and regulations by the City of Tulare’s Board of Public Utilities.

   COMPLIANCE DETERMINATION. The sampling and analysis conducted on specific industrial wastes to ascertain compliance with any city code, ordinance or resolution, or with any more stringent applicable federal or state pretreatment standard.

   COMPLIANCE SCHEDULE. The period that is allowed by the city in which an industrial user must comply with its permit conditions or discharge requirements.

   COMPOSITE SAMPLE. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

   COOLING WATER. The water that is discharged from any use, such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.

   COUNTY. The County of Tulare or its designated representatives.

   COUNTY HEALTH OFFICER. The Health Officer for Tulare County.

   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.

   DEPARTMENT OF PUBLIC UTILITIES. The Department of Public Utilities, as defined in the City Charter.

   DEPARTMENT OF PUBLIC WORKS. The Department of Public Works, as defined in the City Charter.

   DOMESTIC WASTEWATER. The water-carried wastes produced from noncommercial or nonindustrial activities and which result from normal human living processes.

   DRAINAGE SYSTEM or DRAINAGE PIPING. All the piping within public or private premises which conveys sewage, or other liquid wastes, to a point of disposal, but shall not include the mains or laterals of a public sewer system.

   ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of the agency.

   EXISTING FOOD SERVICE ESTABLISHMENT or EXISTING FSE. Any food service establishment that has been in continuous operation since before the effective date of this chapter under the same ownership.

   EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.

   FOG. Fats, oils, and grease.

   FOOD SERVICE ESTABLISHMENTS or FSE. Any facility defined in California Uniform Retail Food Service Establishments Law (CURFFL) § 113785, and any commercial entity discharging into the city sewer system, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a mechanical exhaust ventilation system, as required in CURFFL § 114296. A limited food preparation establishment is not considered a FOOD SERVICE ESTABLISHMENT when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.

   GARBAGE. A putrescible animal, fish, fowl, fruit or vegetable refuse or any part thereof resulting from the preparation, storage, handling, processing or consumption of food.

   GENERAL MANAGER. The General Manager of the Department of Public Utilities or his or her duly authorized representative as provided in § 52(e)(4) of the City Charter.

   GRAB SAMPLE. Sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

   GREASE INTERCEPTOR. A multi- compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, underground between a FSE and the connection to the sewer system. This device primarily uses gravity to separate FOG from the wastewater as it moves from one compartment to the next. This device must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner at regular intervals to be effective.

   GREASE REMOVAL DEVICE. Any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system. GREASE REMOVAL DEVICE may also include any other proven method to reduce FOG subject to approval of the General Manager. A GREASE REMOVAL DEVICE is a form of pretreatment and as such is subject to all regulations pertaining to the installation and maintenance of pretreatment systems as recognized in this chapter and in the General Pretreatment Regulations (40 C.F.R.§ 403).

   GREASE TRAP. A grease control device that is used to serve individual fixtures and have limited effect and should only be used in those cases where the use of a grease interceptor or other grease removal device is determined to be impossible or impracticable.

   HOT SPOTS. Areas in sewer lines that have experienced sanitary sewer overflows or that must be cleaned or maintained frequently to avoid blockages of the sewer system.

   HOUSE DRAIN, BUILDING DRAIN or MAIN DRAIN. That part of lowest horizontal piping of a drainage system which receives the discharge from soil, waste and/or other drainage pipes of any building and conveys same to the house sewer, and shall extend two feet beyond the outer face or edge of the building foundation or footing.

   HOUSE SEWER, BUILDING SEWER. The extension from the house drain to the public sewer or other place of disposal, which is not less than two feet from any building or structure foundation or footing.

   INDIRECT DISCHARGE or DISCHARGE. The discharge or introduction of pollutants into the POTW from any nondomestic source that is regulated by the city, including without limitation any source regulated under § 307(b), (c), or (d) of the Act.

   INDUSTRIAL USER or USER. A source of indirect discharge.

   INDUSTRIAL WASTES. Any and all liquid or waterborne wastes from industrial or commercial processes; as distinct from domestic sewage.

   INSANITARY. A condition which is contrary to sanitary principles or is injurious to health. Conditions to which the word INSANITARY shall apply include the following, but shall not be limited thereto:

   (A)   The discharge of sewage to the atmosphere or the ground surface without proper treatment;

   (B)   Any opening in a drainage system, except where lawful, which would permit the escape of gases or sewage or would permit persons to make physical contact with the sewage;

   (C)   Faulty septic tanks or drain fields permitting sewage to seep or stand on the surface of the ground; and

   (D)   Any connection, cross-connection, construction or condition, temporary or permanent, which would permit or make possible by any means whatsoever for any amount of sewage or polluted waters to enter a water distribution system used for domestic purposes.

   INSTANTANEOUS LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

   INTERFERENCE. A discharge which, either alone or by interaction with other discharges, inhibits or disrupts the system, its treatment processes or operations or its sludge processes, use or disposal and is, therefore, a cause of a violation of any requirement of the city’s water discharge requirements issued by the California Regional Water Quality Control Board, including without limitation any increase in the magnitude or duration of a violation, or of the prevention of the use or disposal by the city of sludge in accordance with the following statutory provisions and regulations: § 405 of the Clean Water Act, the Solid Waste Disposal Act (including Title II, more commonly referred to as the Resource Conservation and Recovery Act and including state regulations that are contained in any state sludge management plan that is prepared pursuant to Subtitle D of the Solid Waste Disposal Act), the Clean Air Act, the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act or 40 C.F.R. part 503 (sewage sludge regulations).

   LOCAL LIMIT. Any requirement or prohibition against pollutant discharges from any nondomestic user, as established by the city, to address federal, state and local regulations.

   LOT. A single or individual parcel or area of land legally recorded, on which is situated a building together with the yards, courts and unoccupied spaces legally required for the building and which is owned by or is in the lawful possession of the owner of the building.

   MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, 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.

   MUNICIPAL SEWER SYSTEM or THE SYSTEM. All public sewers heretofore or hereafter constructed and/or owned by the city, including any device or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which transport wastewater to the sewage treatment plant.

   NATIONAL PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 C.F.R. § 403.5.

   NEW FOOD SERVICE ESTABLISHMENT or NEW FSE. Any food service establishment that starts operations after the effective date of the FOG Ordinance (§ 7.20.495 of this chapter) regardless whether in a newly constructed building, a remodeled building or using an existing building or space.

   NEW SOURCE.

   (A)   Any building, structure, facility or installation from which there is or may be a discharge, the construction of which commenced after the publication of proposed pretreatment standards pursuant to § 307(c) of the Act which will be applicable to the source if the pretreatment standards are thereafter promulgated in accordance with the section provided that:

      (1)   The building, structure, facility or installation is constructed at a site at which no other source is located;

      (2)   The building, structure, facility or installation totally replaces the process or production equipment that causes a discharge at an existing source; or

      (3)   The production of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether or not the new building, structure, facility or installation is substantially independent from the existing source, certain factors, including without limitation 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 meeting the criteria of divisions (A)(2) or (3) of this definition but otherwise alters, replaces or adds to the existing process or production equipment.

   (C)   Construction of a NEW SOURCE, as defined under this definition, has commenced if the owner or operator thereof has:

      (1)   Begun or caused to have begun, as a part of a program of continuous on-site construction that includes:

         (a)   Any placement, assembly or installation of facilities or equipment; or

         (b)   Significant site preparation work, including without limitation the clearing, excavation or removal of existing buildings, structures, facilities or installations, which is necessary for the placement, assembly or installation of new source facilities or equipment.

      (2)   Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in the operation within a reasonable time. Options to purchase contracts that can be terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not constitute contractual obligation under this paragraph.

   NONCONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.

   OIL INTERCEPTOR. A device for retaining oil by gravity-differential separation from waste effluent, and of a design and capacity approved by the General Manager.

   OUTSIDE SEWER. Sewer lines owned by the city lying outside the city limits.

   PASS THROUGH. A discharge that exits the POTW 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 the city’s waste discharge requirements including any increase in the magnitude or duration of a violation.

   PERMIT. Any written authorization by the General Manager to install or construct sewers or to connect to and discharge to the POTW pursuant to this or any other regulation of the city.

   PERSON. Any individual, partnership, copartnership, firm, company, corporation, 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 alkalinity of a substance, expressed in standard units.

   PLUMBING CODE. The California Plumbing Code, as adopted in § 4.04.060 of this code.

   POLLUTANT. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharge equipment, rock, sand, cellar dirt and industrial, municipal and agricultural wastes and certain characteristics of wastewater (including, but not limited to, pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).

   POTW TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW which is designed to provide treatment (including recycling and reclamation) of sewage and industrial waste.

   PREMISES. Any lot, piece or parcel of land, any building or other structure or any part of any building or structure used or useful for human habitation or gathering or for carrying on a business or occupation.

   PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of the pollutant properties in wastewater prior to or in lieu of, discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

   PRETREATMENT FACILITY. Any works or device for the treatment or flow limitation of sewage, liquid waste or industrial waste prior to its discharge into the POTW.

   PRETREATMENT REQUIREMENT. Any substantive or procedural requirement that is related to pretreatment, other than a pretreatment standard, that is imposed upon an industrial user.

   PRETREATMENT STANDARD or STANDARDS. Prohibitive discharge standards, categorical pretreatment standards, and local limits.

   PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances which are identified in this chapter.

   PUBLIC SEWER. Any sewer which is part of the POTW, including any sewer within any street and any outside sewer.

   PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works as defined by § 212 of the Act, which is owned by the city. This definition includes any devices and systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to the POTW treatment plant. The term also means the municipality as defined in § 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

   REGIONAL ADMINISTRATOR. Region IX of the Environmental Protection Agency or any successor agency.

   SAND INTERCEPTOR. A device for retaining sand, grit or other mineral material by gravity-differential separation from waste effluent, and of a design and capacity approved by the General Manager.

   SANITARY SEWER. A sewer which carries sewage and wastewater, and to which storm, surface and ground waters are not intentionally admitted.

   SANITARY SEWER OVERFLOW or SSO. An overflow from the sanitary sewer system of domestic wastewater, as well as industrial and commercial wastewater.

   SEPTIC TANK. A watertight receptacle which receives the discharge of a drainage system or part thereof, designed and constructed so as to retain solids, digest organic matter through a period of detention, and allow the liquids to discharge into the soil outside of the tank through a system of open joint piping, or a seepage pit meeting the requirements of this code.

   SEWAGE or SANITARY SEWAGE. Human excrement and graywater (household showers, dishwashing operations, and the like).

   SEWER. Pipe or conduit for holding and carrying sewage and wastewater including the manholes and all other appurtenant facilities which are necessary or convenient to the holding or carrying of sewage and wastewater, but shall not include house drain or plumbing within the house.

   SEWER CONTRACTOR. A contractor holding a valid license to do sewer work in the city.

   SEWER FUND. The sewer/wastewater treatment enterprise accounts created for the collection, treatment and disposal of the city’s domestic, commercial and industrial sewage or wastewater.

   SEWER LATERAL. Building sewer.

   SEWER MAIN. Public sewer.

   SEWER SERVICE. The services and facilities for treatment and disposal of sewage furnished or available to premises by the POTW.

   SIGNIFICANT INDUSTRIAL USER.

   (A)   Except as provided in paragraphs (B) and (C) of this definition, the term SIGNIFICANT INDUSTRIAL USER means any industrial user which:

      (1)   Is subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R. Ch. I, Subch. N;

      (2)   Discharges 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling water and boiler blowdown wastewater;

      (3)   Contributes a process wastewater which makes up 5% or more of the average dry weather hydraulic or organic capacity of the treatment plant; or

      (4)   Is designated as significant by the city on the basis that the industrial user has reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

   (B)   The General Manager may determine that an industrial user subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R. Ch. I, Subch. N is a non-significant categorical industrial user rather than a SIGNIFICANT INDUSTRIAL USER on a finding that the industrial user never discharges more than 100 gallons per day (GPD) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

      (1)   The industrial user, prior to General Manager’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

      (2)   The industrial user annually submits the certification statement required in 40 C.F.R. § 403.12(q) together with any additional information necessary to support the certification statement; and

      (3)   The industrial user never discharges any untreated concentrated wastewater.

   (C)   Upon a finding that an industrial user meeting the criteria of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the General Manager may, at any time, on the General Manager’s own initiative or in response to a petition received from an industrial user and, in accordance with 40 C.F.R. § 403.8(f)(6), determine that the industrial user is not a SIGNIFICANT INDUSTRIAL USER.

   SLUG LOAD OR DISCHARGE. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in this chapter, or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a noncustomary batch discharge which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.

   STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget, 1972, as amended.

   STANDARD METHODS. The current edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association.

   STORM SEWER, STORM DRAINS. A pipe which carries storm sewage and drainage, but excludes sanitary sewage and polluted industrial wastes.

   STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting from the precipitation, including snowmelt.

   SUSPENDED SOLIDS. The total suspended matter that either float on the surface of, or are in suspension in, water, sewage or other liquids and which are removable by laboratory filtering; expressed in milligrams per liter (mg/l). This is also called suspended matter in Standard Methods.

   TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of § 307(a) of the Act.

   TULARE CITY CODE or CODE. The City Code for the City of Tulare.

   TWENTY-FIVE PERCENT (25%) RULE. A requirement for grease interceptors to be maintained such that the combined FOG and solids accumulation does not exceed 25% percent of the design hydraulic depth of the grease interceptor.

   USER or INDUSTRIAL USER. A source of indirect discharge.

   WASTEWATER. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW.

(1995 Code, § 7.20.020) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   The General Manager shall be responsible for administering, implementing and enforcing the provisions of this chapter which pertains to:

      (1)   Direct and indirect contributions to the POTW by residential (domestic) and nonresidential users;

      (2)   Connection of residential and nonresidential sewers to public sewers;

      (3)   Residential and nonresidential sewers which connect to public sewers; and

      (4)   Prepare, disseminate and carry out an Enforcement Response Plan (ERP) as required by the EPA pursuant to 40 C.F.R. § 403.8(f)(5), which shall be consistent with the federal regulations and approved by the applicable Regional Water Quality Control Board of the State of California.

   (B)   Any powers granted to or duties imposed upon the General Manager may be delegated by the General Manager.

   (C)   The County Health Officer or if designated, the General Manager, shall be responsible for the enforcement of provisions which pertain to the correction or abatement of insanitary conditions which present an immediate threat to life and health.

(1995 Code, § 7.20.030) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   The General Manager 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 wastewater discharge permit or order issued hereunder. Users shall allow the General Manager ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying and the performance of any additional duties.

   (A)   Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the General Manager will be permitted to enter without delay for the purposes of performing specific responsibilities.

   (B)   The General Manager shall have the right to set up on the user’s property, or require installation of, the devices as are necessary to conduct sampling and/or metering of the user’s operations.

   (C)   The General 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 to ensure their accuracy, according to the frequency required in the user’s permit.

   (D)   Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the General Manager and shall not be replaced. The costs of clearing the access shall be borne by the user.

   (E)   Unreasonable delays in allowing the General Manager access to the user’s premises shall be a violation of this chapter.

   (F)   The aforesaid officers and their authorized agents shall have the right of entry, during usual business hours, and at any time when, upon reasonable cause, they believe there is an immediate hazard to life, health or property, to inspect any and all buildings and premises in the performance of their duties. The aforesaid officers and their authorized agents shall have the right to take independent samples of any discharge from any industrial user to determine compliance with this chapter.

(1995 Code, § 7.20.040) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   If the General Manager 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 the city 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, then the General Manager may seek issuance of a search warrant from the appropriate judicial officer.

(1995 Code, § 7.20.045) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   Whenever any construction or condition regulated by this chapter is dangerous, unsafe, insanitary or a menace to life, health or property or is in violation hereof, the responsible officer shall order any person using or maintaining any such condition or responsible for the use or maintenance thereof to discontinue the use of or maintenance thereof or to repair, alter, change, remove or demolish same as he or she may consider necessary for the proper protection of life, health or property.

   (B)   Every such order shall be in writing, addressed to the owner, agent or person responsible for the premises, in which such condition exists, and shall specify the date or time when the order shall be complied with, which time shall allow a reasonable period in which the order can be complied with by the person receiving the order, but shall never exceed the maximum period for which the construction can be safely used or maintained in the judgment of the officer. Refusal, failure or neglect to comply with any such notice or order shall be considered a violation of this chapter.

(1995 Code, § 7.20.050) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   The existence of any construction or condition of plumbing or sewers on any premises within the city which is found to be dangerous, unsafe, insanitary or a menace to life, health or property and an immediate hazard thereto, is hereby declared to be a public nuisance and shall be corrected or abated as hereinafter provided. Without limiting the foregoing declaration, a public nuisance is hereby declared to include any sewer or plumbing or other construction or contrivance from which sanitary sewage or gases or moisture therefrom is emitted or escapes in quantity sufficient to pollute or threaten to pollute, the air or soil so as to attract or proliferate insects or rodents or to spread disease or to contaminate water supplies or to otherwise endanger the life or health of persons or domestic animals or livestock.

(1995 Code, § 7.20.060) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   In the event the county’s Health Officer determines or, upon reasonable cause, believes that the hazard to life, health or property is so immediate and urgent that time does not permit the giving of notice, the county’s Health Officer shall forthwith cause the public nuisance to be abated or corrected. The work of abatement or correction may be done by employment of a contractor, or by city forces, in the discretion of the responsible official, and he or she may call upon the Department of Public Works or other department of the city to perform the work. The costs thereof shall be a charge upon and paid from the Sewer Fund.

(1995 Code, § 7.20.070) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   Upon correcting or abating any public nuisance as heretofore provided, the responsible official shall file a written report with the City Clerk, together with any supplementary reports he or she may desire to file, and a brief report on the abatement or correction itemizing the costs of the abatement or correction. The City Clerk shall then set the matter of confirmation of the abatement and costs thereof and assessment of the costs upon the parcel or parcels of real property upon which the public nuisance was located for hearing before the Board of Public Utilities at a regular meeting not later than 30 days after receipt of the reports and shall cause notice thereof to be given as hereinafter provided. Notice of the hearing shall be in writing and shall describe the real property by reference to the street and street number address or other commonly used designation and also by reference to the Tulare County Assessor’s description on the last equalized assessment roll, shall state the time, date and place of hearing and shall refer to the reports on file with the Clerk for further particulars. Notice shall be delivered personally or sent by ordinary mail addressed to the owner at his or her address as shown on the last equalized assessment roll or as otherwise known to the Clerk, and shall be posted on a conspicuous place upon the front of the premises. Service of notice by mail shall be deemed completed upon deposit in the mail. Notice shall be given at least ten days prior to the hearing.

(1995 Code, § 7.20.080) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   At the time and place fixed for hearing, the Board of Public Utilities shall consider the reports filed with the Clerk and such evidence as may be presented by any interested party and shall hear the objections of any owner of the real property. The hearing may be continued from time to time. Upon conclusion of the hearing, the Board of Public Utilities shall confirm, modify or disapprove the abatement proceedings and costs therefor. Upon confirmation, the costs of abatement constitute a special assessment against the real property and a lien thereon and a personal obligation against the property owner.

(1995 Code, § 7.20.090) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   After confirmation of the costs of abatement and their assessment upon the real property, the City Clerk shall promptly mail a statement of the costs to the property owner at the address to which notice of the hearing before the Board of Public Utilities was sent by the City Clerk. Failure to mail the statement or failure to receive it shall, in no way, affect the assessment, lien or obligation. If the assessment is not paid within 15 days after its confirmation, the City Clerk may record a notice of lien in the office of the County Recorder of the County of Tulare a certificate substantially in the following form, to-wit:

 

 

   (B)   As an alternative to or in addition to recordation of a notice of lien as hereinabove set forth, the City Clerk may deliver a notice of lien, which shall also describe the real property by the description used by the County Assessor for the same property for the then current tax year, to the Auditor of Tulare County who shall enter the amount of the assessment and lien on the assessment roll opposite the real property as listed therein. The amount of the assessment and lien shall be collected at the same time and in the same manner as other taxes and assessments against the property. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such assessment and lien.

(1995 Code, § 7.20.100) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   It shall be unlawful for any person to carry on, or engage in the business of installing sewers unless the person holds the appropriate state license, a city business license and has been issued an encroachment permit for work within the public right-of-way. The installation of sewers, as defined herein, shall not be classed as plumbing.

(1995 Code, § 7.20.120) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   It shall be unlawful for any person to cause, suffer or permit the disposal of sewage, human excrement or other liquid wastes, in any place or manner except through and by means of an approved plumbing and sewerage system, installed and maintained in accordance with the provisions of this chapter and of the Plumbing Code of the city.

   (B)   It shall be unlawful for any person to place, deposit or permit to be deposited in an insanitary manner upon public or private property within the city, any animal excrement, garbage or other objectionable waste.

   (C)   It shall be unlawful to discharge to any natural outlet within the city, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this chapter and in compliance with state and federal regulations.

(1995 Code, § 7.20.125) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the POTW. It shall be unlawful for any person to deposit by any means whatsoever, into any plumbing fixture, floor drain, sand trap, sump, receptacle or device, which is connected to any drainage system, public sewer, private sewer or septic tank, any ashes, cinder, solids, rags, inflammable, poisonous or explosive liquids or gases, oils, grease or any other thing whatsoever, which would or could cause damage to the drainage system or public sewer.

(1995 Code, § 7.20.130) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

(1995 Code, § 7.20.140) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   The owner of any property used for human occupancy, employment, recreation or other purpose, which abuts on any street, alley or right-of-way in which there is located a public sewer of the city, is hereby required, at his or her expense, to install suitable toilet facilities therein, and to connect the facilities directly with the public sewer in accordance with the provisions of this chapter, within 90 days after date of official notice to do so, provided that the public sewer is within 100 feet of the property line, except that any owner receiving the notice may apply in writing to the General Manager before expiration of the 90-day period for a permit to delay the installation of such a sewer service not to exceed one year if he or she can furnish sufficient evidence to the General Manager that:

      (1)   Connection to the sewer at this time would be impractical due to personal hardship;

      (2)   The premises are now served by a septic tank; and

      (3)   By written report of county’s Health Officer the septic tank is operating efficiently now and that its continued operation would not create a hazard to public health.

   (B)   Upon receipt of the evidence to his or her satisfaction, the General Manager may grant in writing the extension of time for completing the connection; such a delay shall not be subject to further extensions.

(1995 Code, § 7.20.150) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   Every building or structure in which plumbing fixtures are installed, and every premises having piping thereon which conveys sewage or other liquid waste to an approved point of disposal, shall be connected to the public sewer if it is available. A public sewer is available, for the purposes of this chapter, if the public sewer has been constructed and is available for use in any public street, alley or right-of-way within 100 feet of the property line from an existing sewer.

   (B)   Notwithstanding any provision to the contrary, buildings or structures connected to a private sewage disposal system at the time a public sewer becomes available shall be connected to the public sewer

      (1)   Upon failure of the private sewage disposal system as determined by the city's Building Official; or

      (2)   Upon sale of property; or

      (3)   As a condition of issuance of a building permit for any improvements which exceed 25% of the assessed value of the structure or which affects an increase in the discharge of wastewater, or if the property has previously been subject to an earlier connection date by reason of requirements of a jurisdiction other than the city, then the connection shall be made on or before the earlier date, provided that if the city's Building Official determines the continued use of the private sewage disposal system will create an immediate health menace, the property shall be connected within the time specified by the city's Building Official. Buildings or structures not connected as required by this chapter are public nuisances. As to any property for which deferral is elected following the date that the sewer becomes available, in addition to the connection charge the owner of the property at the time of connection shall also pay the interest that accrues at the legal rate on the cost of connection for that parcel from the date of availability to the ultimate date of construction.

(1995 Code, § 7.20.160) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   When permitted the house sewer or private sewer shall be connected to a private sewage disposal system. The private sewage disposal system shall be constructed in accordance with the requirements of the Plumbing Code and shall be approved by the General Manager.

   (B)   When, in the opinion of the county’s Health Officer, there is insufficient lot area or inadequate soil condition for adequate sewage disposal for the building or land use proposed, no building permit shall be issued and no private sewage disposal system shall be permitted. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 6,000 square feet. No septic tank or cesspool shall be permitted to discharge into any public sewer or natural outlet.

   (C)   The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

   (D)   However, the septic tank installations approved by the city shall be subject to removal and connection to the public sewer, as stated in this chapter.

(1995 Code, § 7.20.170) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   No person whose premises are not now connected with the public sewer shall connect any premises or cause any premises to be connected with the public sewer without first obtaining a permit to do so.

   (B)   No unauthorized person shall uncover, make any connections with or open into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit approved by the General Manager.

(1995 Code, § 7.20.180) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   Every applicant for a permit to install, add to, alter, relocate or replace sewage facilities or any part thereof, shall state in writing on the application form provided for that purpose, the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The General Manager may require plans, specifications or drawings and such other information as he or she may deem necessary.

   (B)   The applicant shall pay for each permit issued and, at the time of issuance, all applicable fees.

   (C)   Any person who shall commence sewerage work for which a connection permit is required by this chapter without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay in addition to all applicable fees, a penalty of $500. Provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the General Manager that the work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work.

   (D)   In all such cases a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining the permit, a penalty of $500, as herein provided, shall be charged.

(1995 Code, § 7.20.190) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   No permit shall be issued to any person to do, or cause to be done, any construction or work regulated by this chapter except to a person holding a valid, unexpired and unrevoked business license except when and as otherwise herein provided.

   (B)   Any permit required by this chapter may be issued to any person to do any construction or work regulated by this chapter within the lot limits of a single-family dwelling provided the person is the owner of the lot and building, the building is occupied or designed to be occupied by the owner, and that the owner shall personally purchase all material and shall personally perform all labor in connection therewith. This does not give anyone other than a licensed contractor permission to do any work within the public right-of-way. No sewerage work for which a permit is required shall be commenced until a permit to do work shall have first been obtained.

(1995 Code, § 7.20.200) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid, except insofar as the work or use which it authorizes is lawful.

   (B)   The issuance of a permit upon plans and specifications shall not prevent the General Manager from thereafter requiring the correction of errors in the plans and specifications or from preventing construction operations being carried on thereunder when in violation of this chapter or of any regulations of the city.

(1995 Code, § 7.20.210) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   Every permit issued by the General Manager under the provisions of this chapter shall expire by limitation and become null and void, if the work authorized by the permit is not commenced within 180 days from the date of the permit, or if the work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before the work can be recommenced, a new permit shall be obtained to do so.

(1995 Code, § 7.20.220) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   All pipes, fittings and other appurtenances relative to a sewerage system shall be inspected by the General Manager to insure compliance with all the requirements of this chapter.

(1995 Code, § 7.20.230) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   All pipes, fittings and other appurtenances relative to a sewer or drainage system shall be inspected by the General Manager to insure compliance with all the requirements of this chapter.

(1995 Code, § 7.20.240) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   It shall be the duty of the person doing the work authorized by the permit, to notify the city by calling the city's designated "call-in" inspection telephone line or in writing, that the work is ready for inspection. The notification shall be given not less than 24 hours before the work is to be inspected (Saturdays, Sundays and holidays excluded).

(1995 Code, § 7.20.250) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   All excavations required to be made for the installation of a sewer or drainage system, or part thereof, within or without a building shall be kept open until the piping has been tested, inspected and approved. If any sewer or drainage system or part thereof is covered or concealed before being regularly inspected, tested and approved, as herein prescribed, it shall be exposed upon the direction of the General Manager.

(1995 Code, § 7.20.260) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   Each length of cast or ductile iron soil pipe and each cast or ductile iron fitting used in a sewerage system shall be stamped or indelibly marked with weight or grade thereof and the marker’s mark or name.

(1995 Code, § 7.20.270) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   All material used for piping and fittings shall meet the minimum requirements of the current city standard specifications and standard details and the Plumbing Code, and must meet the approval of the General Manager.

(1995 Code, § 7.20.280) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   Repairs to sewer or drainage systems shall be made with the materials, and by such methods as are provided for in the city standard specifications and standard details and Plumbing Code. In case of conflict between the provisions of this chapter and the Plumbing Code, this chapter shall govern. In case of conflict between the city standard specifications and standard details and the Plumbing Code, the city standard specifications and standard details shall govern.

(1995 Code, § 7.20.290) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   All workmanship shall be of such character as fully to secure the results sought to be obtained in all sections of this chapter.

(1995 Code, § 7.20.300) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   The provisions of this chapter are not intended to prevent the use of any material or any method of construction not specifically prescribed herein, provided any such alternate has been approved and its use authorized by the General Manager. The General Manager may approve any such alternate, provided he or she finds that the proposed design is satisfactory and complies with the intent of this chapter and that the material or method of work offered is for the purpose intended, at least the equivalent of that herein prescribed in quality, strength, effectiveness, durability and safety. The General Manager shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding the sufficiency of any such proposed material or type of construction.

(1995 Code, § 7.20.310) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   A building court main sewer shall be not less than six inches in diameter and shall be laid at uniform grade and in straight alignment; a standard riser shall be installed at the end of all building court mains.

   (B)   A building court main serving not more than ten dwelling units or the equivalent shall be connected to the public sewer at a wye branch. Cleanouts shall be installed as required.

   (C)   A building court main serving more than ten dwelling units or the equivalent shall have installed in the following locations:

      (1)   A manhole at the connection to the public sewer;

      (2)   A manhole at any change in direction or grade; and

      (3)   A manhole at intervals not to exceed 350 feet.

   (D)   Five sets of drawings prepared by a registered civil engineer showing plan and profile of the proposed installation shall be submitted for approval. Grades for building court main sewers shall be staked by a registered civil engineer in accordance with the approved drawings.

   (E)   Building courthouse sewers shall meet the requirements for house sewers.

(1995 Code, § 7.20.320) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   A separate and independent building sewer shall be provided for every building with the following exceptions:

      (1)   Where there is a building in the rear of a lot and there is to be an additional building built directly in front of the building, then the same building sewer may serve both buildings.

      (2)   The same rule shall apply where the conditions are reversed and the front building is built first, or where both buildings are built at the same time.

   (B)   Where two single-family dwellings are on the same parcel and the frontage of the parcel does not exceed 75 feet, separate connections are not required.

   (C)   A group of buildings constituting a building court by definition may be connected to a building court main sewer.

(1995 Code, § 7.20.330) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   Old building sewers may be used in connection with new buildings only when they are found, on examination and tests by the General Manager, to meet all requirements of this chapter.

(1995 Code, § 7.20.340) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   The size and slope of the building sewer within the public right-of-way shall be subject to the approval of the General Manager and the size shall be not less than that at the house drain and, in no event, shall the diameter be less than four inches.

(1995 Code, § 7.20.350) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to and within the soil bearing area of the footing of any bearing wall which might be weakened thereby. The depth shall be sufficient to afford a minimum of one foot cover. The building sewer shall be laid at uniform grade and in straight alignment. Where direct alignment is not practical, changes in direction not to exceed 60 degrees may be made in the portion of the house sewer within the lot boundaries. Properly curved pipe and fittings shall be used.

(1995 Code, § 7.20.360) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   When alterations are made to an existing house plumbing system, changes in direction of the house sewer not to exceed 90 degrees may be made with the curved portion constructed of properly curved pipe and fittings, and a cleanout to grade shall be installed.

(1995 Code, § 7.20.370) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer.

(1995 Code, § 7.20.380) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   The connection of the building sewer into the public sewer shall be made in the following manner:

   (A)   If the diameter of the building sewer is equal to the diameter of the public sewer, connection shall be made at a wye branch in the public sewer at a location specified by the General Manager.

   (B)   When the diameter of the building sewer is less than the diameter of the public sewer and no properly located wye branch is available, a cored hole may be cut into the public sewer to receive the building sewer and shall be fitted with a special saddle connection. The saddle connection shall be equipped with complete annular shoulder to prevent it from slipping into the inner surface of the public sewer and a neoprene seal to make a watertight connection. The saddle adapter shall be securely fastened in place by a minimum of two stainless steel bands.

   (C)   Other special fittings may be used for connection only when approved by the General Manager.

   (D)   The top of the pipe of the building sewer at the point of connection shall be at the same or at a higher elevation than the top of pipe of the public sewer.

   (E)   The portion of the building sewer in the street shall be at right angles to the right-of-way lines and at least two and one-half feet below the gutter flow line grade. When the building sewer is less than two and one-half feet below the gutter flow line grade, the same must be covered with at least six inches of concrete to protect the same from breakage, or shall be of cast or ductile iron pipe.

   (F)   The applicant for the building sewer permit shall notify the General Manager when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the General Manager.

(1995 Code, § 7.20.390) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   Maintenance of the building sewer shall be the responsibility of the owner of the property served.

(1995 Code, § 7.20.400) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   If the lowest fixture or outlet in any building is below the rim elevation of the nearest manhole, cleanout or riser upstream from the connection to the public sewer, a backwater valve or overflow device of an approved type shall be installed in the building sewer.

(1995 Code, § 7.20.410) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   It shall be unlawful for any person to introduce any storm, flood, rain or roof waters into any sewer in the city or to make or cause to be made or maintain, or cause to be maintained any collection to a sewer by which the same may enter any sewer in the city or which is a part of the POTW. Each person making or causing to be made, or maintaining or causing to be maintained any such connection shall be guilty of a misdemeanor, and each connection made and each day any such connection is maintained shall be considered as a separate violation of this section.

(1995 Code, § 7.20.420) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   Storm water shall be discharged to such pipes specifically designed as storm sewers or to a natural outlet as approved by the General Manager. Industrial cooling water and unpolluted process water, and swimming pool drains, overflows or filter backwashes may be discharged subject to state and federal regulations upon approval of the General Manager to a storm sewer or natural outlet.

(1995 Code, § 7.20.430) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenant or equivalent which is a part of the POTW. No person shall introduce or deposit any water, wastes or any other matter into the POTW other than through a legal connection for which a permit has been issued.

(1995 Code, § 7.20.440) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   Permission shall be obtained in writing from the General Manager to discharge swimming pool water into the public sewer or storm drain, and a copy of the permission stating the maximum size of waste line between the interceptor and the sewer shall accompany any application for a permit to construct the swimming pool.

   (B)   Provisions shall be made to prevent discharge of swimming pool water into public sewers during times of rain or during a period of one hour thereafter. No swimming pool water may be drained into a public sewer until the General Manager has been notified and approval issued therefor.

(1995 Code, § 7.20.450) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   A user may not introduce into a POTW any pollutant(s) which cause pass through or interference. These general prohibitions and the specific prohibitions in divisions (A) through (N) of this section apply to each user introducing pollutants into the POTW whether or not the user is subject to other national pretreatment standards or any national, state or local pretreatment standards or requirements. In addition, no user shall discharge or cause to be discharged any of the following described substances into the POTW:

   (A)   Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 104°F (40°C);

   (B)   Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in interference;

   (C)   Any pollutants, such as gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas which creates a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 C.F.R. § 261.21;

   (D)   Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with a pH lower than 7.0 in accordance with 40 C.F.R. § 403.5;

   (E)   Any waters or wastes containing toxic or poisonous substances or resulting in the presence of toxic gases, vapors or fumes within the POTW in a quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the treatment plant;

   (F)   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 or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

   (G)   Any pollutants, including oxygen demanding pollutants, (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

   (H)   Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts which will cause interference or pass through;

   (I)   Any trucked or hauled pollutants, except at discharge points designated by the city;

   (J)   Any radioactive wastes. In the event of an accidental spill of radioactive material into any public sewer, the person responsible shall:

      (1)   Immediately notify the General Manager; and

      (2)   Render such technical or other assistance to the city within its power to prevent the POTW from becoming contaminated with radioactivity.

   (K)   Any dispersed biodegradable oils and fats, such as lard, tallow or vegetable oil in amounts that will cause interference or pass through in the POTW;

   (L)   Wastewater causing two readings on an explosion hazard meter at the point of discharge into, or at any point in, the city’s public sewer of more than 10% or any single reading over 5% of the lower explosive limit of the meter;

   (M)   Medical wastes, except as specifically authorized by the city in a wastewater discharge permit; and

   (N)   Sludges, membrane retentates, spent chemical solutions or other wastes generated during the reclamation, recycling, purification, or recovery of water, chemical solutions, brines or other industrial process flow streams, except for reclamation of clean-in-place solutions for recycling. Upon approval by the General Manager, substances prohibited by this division may be allowed if the user’s wastewater discharge is within full compliance with the requirements of this chapter, and the substances will not cause a violation of this chapter. The allowance will be specified in the user’s wastewater discharge permit. The General Manager may deny acceptance of these discharges at any time.

(1995 Code, § 7.20.460) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   Generally. No person shall discharge wastewater containing constituents in excess of the maximum allowable specific pollutant limitations established by the Board of Public Utilities to protect against pass through and interference. Notwithstanding the limitations that are set forth by the Board of Public Utilities, the General Manager may impose more restrictive limitations, or mass limitations in addition to or in place of concentration based limitations, through any industrial user’s discharge permit.

   (B)   Local limits. The following pollutant limits are established to protect against materials which are toxic to humans, animals, the local environment or which will cause interference or pass through in the POTW. No person shall discharge wastewater containing in excess of the following local limits. With the exception of pH, for which the local limit is an instantaneous limit, and EC, for which the local limit is a monthly average limit, all local limits are daily maximum limits.

 

      (1)   The above limits may be revised from time to time by the city as may be deemed necessary to protect the POTW from interference and pass through, or as may be required by the applicable federal, state or local pretreatment standards.

      (2)   The General Manager may impose more restrictive standards or requirements on a discharge he or she deems necessary to comply with the objectives of this chapter, specific prohibitions or the terms of the city’s waste discharge requirements.

      (3)   The General Manager may authorize discharges containing higher concentrations on a site-specific basis, provided that the concentrations of such discharges shall not cause pass through or interference. Upon approval by the General Manager, site-specific limitations shall be established through the terms specified in the user’s wastewater discharge permit. The General Manager may impose mass limitations in addition to, or in place of, concentration-based limitations, due to reduced water usage by an industrial user.

      (4)   Excursions above the pH of 11.0 will be allowed, by the General Manager, only when the pH is measured by continuous recorders, and only under the following conditions:

         (a)   Time interval for the excursion does not exceed 15 minutes for one individual excursion.

         (b)   Total time for all excursions does not exceed 60 minutes a day (four 15-minute intervals), or 15 minutes per a six-hour time period.

         (c)   No excursions of any duration are allowed for pH measurements below 7.0 (federal pH minimum, per 40 C.F.R. § 403.5).

   (C)   Slugs and equalized discharges. No person shall cause the discharge of slugs of water or wastes. Each person producing a discharge of a slug into the public sewers shall construct and maintain, at his or her own expense, a suitable storage and flow control facility to insure the equalization of the discharge over a 24-hour period. The facility shall have a capacity of at least 80% of the total normal volume discharged during a 24-hour production period, unless a smaller size is approved by the General Manager, and the outlet to the sewer shall be equipped with a rate discharge controller or other device approved by the General Manager, the regulation of which shall be directed by the General Manager.

   (D)   BMPs. The General Manager may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement local limits and the requirements of § 7.20.470.

(1995 Code, § 7.20.465) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   Grease, oil and sand interceptors shall be provided by the user when, in the opinion of the General Manager, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the General Manager, and shall be located as to be readily and easily accessible for cleaning and inspection. All interceptors are large devices and shall be exterior, in ground installations, provided that as to dischargers at existing locations as of June 30, 2003, where it is physically impossible to locate an interceptor at an exterior, in- ground location, the General Manager may grant an exception allowing the interceptor to be placed in an approved interior location.

   (B)   Grease, oil and sand interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be gastight and watertight.

   (C)   Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his or her expense, in continuously efficient operation at all times. It is specifically prohibited to maintain interceptors by bacteriological, chemical or enzymatic addition or treatment.

   (D)   Wastewater discharge permits may be issued to users of grease, oil and sand interceptors. Permits shall establish minimum requirements for the design, operation, maintenance and performance of the equipment. Permits may include other information as described in § 7.20.750.

   (E)   The discharge of waste to a grease, oil and sand interceptor is subject to all sections of this chapter.

   (F)   Purchase and installation of the interceptor shall be at the user’s expense. No exceptions shall be made to the requirements of this section due to expense, size of the installation or difficulties in locating the interceptor within the site boundary.

(1995 Code, § 7.20.470) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

   (A)   Title. This section shall be referred to as the “City of Tulare FOG Control Program Ordinance” or “FOG Ordinance.”

   (B)   Purpose. The purpose of the FOG Control Program Ordinance is to reduce sanitary sewer overflows and blockages, and to protect public health and the environment by minimizing public exposure to unsanitary conditions. By controlling the discharge of fats, oils and grease to the wastewater collection system, excessive buildup in sewer lines can be lessened, thereby increasing the system’s operating efficiency and reducing the number of sewer line blockages and overflows.

   (C)   General FOG discharge prohibitions. No food service establishment (FSE) shall discharge or cause to be discharged into the sewer system FOG that may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer lateral which connects the FSE to the sewer system.

   (D)   Specific FOG prohibitions. The following specific prohibitions shall apply to all FSEs:

      (1)   Discharge of any FOG-containing wastewater that is not connected to a grease removal device is prohibited.

      (2)   Non-grease laden sources such as, but not limited to, hand-wash sinks, toilets, urinals, and stormwater, shall not be connected to a grease removal device.

      (3)   No dishwasher shall be connected to a grease trap.

      (4)   Discharge of wastewater with temperatures in excess of 140°F (60°C) into any grease trap is prohibited.

      (5)   Direct disposal of any waste cooking oil into any drain or cleanout that is connected to the sewer system is prohibited.

      (6)   Introduction of any additive into a grease removal device or directly into the sewer system for the purpose of emulsifying FOG, biologically/chemically treating FOG for grease remediation, or as a supplement to any grease removal device maintenance is prohibited, unless specifically authorized in writing by the General Manager.

      (7)   Discharge of any waste which has been removed from a grease removal device into the sewer system is prohibited.

   (E)   FOG wastewater discharge permit required. All FSEs shall obtain a FOG wastewater discharge permit. Nothing in the permit is intended to relieve the FSE of any local, state, or federal regulation. Any denial of a permit may be appealed under § 7.20.900.

   (F)   Permit application requirements. FOG wastewater discharge permit applications shall include the following information:

      (1)   Name, address, telephone number, description of the FSE and service activities.

      (2)   Name of any and all principals/owners of the FSE.

      (3)   Name and address of property owner or lessor and the property manager where the FSE is located.

      (4)   Floor, site and plumbing plans showing detailed sewer connections and grease removal devices.

      (5)   Specifications of all grease removal devices.

      (6)   Operational statement of FSE.

      (7)   Any other information as may be specified in the application form.