HomeMy WebLinkAboutOrdinances_2070_CCv0001.pdf ORDINANCE 207
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING
CHAPTER 13 .52, PRETREATMENT AND REGULATION OF WASTES',
OF THE CITYOF REDLANDS MUNICIPAL CGDE, RESCINDING
ORDINANCE NO.181
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS
SECTION ONE. Chapter 13 = 2 of the Redlands Municipal
Code is hereby amended to read as follows.
Chapter 13 .52
PRETREATMENT" AND REGULATION OF WASTES
13 .52 .010 Preamble.
The wastewater treatment facilities of the City
discharge treated effluent into permeable soil structures .
The California Regional Water Quality Control Board, Santa
Ana Region, hereinafter called "Regional Board," has
established limitations upon the chemical content o
wastewater effluent discharge by the City, and such limita
tions are set forth in duly enacted Resolutions and Orders of
the Regional Board. These Resolutions and Orders may be
amended by the Regional Board . In order to comply with such
discharge limitations. the City must regulate the flow of
certain wastes into its public sewer and treatment; facili-
ties. (Prior code 839 fl
t
13 . 2 .020 Definitions .
A. Unless the context specifically indicates
otherwise, the meaning of the terms used in this Ordinance
shall be as follows:
1 . "Discharge to the ground" means discharge o
wastewater to or into the soil .and not contained in a
facility approved by the Municipal Utilities Director as
being impermeable.
2 . "Domestic wastewater'" means wastewater from
residences and wastewater from other premises resulting from
personal use of water for washing or sanitary purposes.
3 . "Exchange type water conditioning apparatus" means
water conditioning apparatus that is removed from the pro-
mises upon which it normally operates and is regenerated at a
commercial regeneration plant when in need: of regeneration.
4. 'Categorical Pretreatment Standard" means the
National Pretreatment Standards` specifying quantities or
concentrations of pollutants or pollutant properties which
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may be discharged or introduced to the public sewer and/or
treatment facilities by existing or new industrial users in
specific industrial: categories established as separate
regulations ander the appropriate subpart of 40 CFR Chapter
I , ,Subchapter N of the National Pretreatment Standards.
. "Rloatable hydrocarbon: oil" means the amount of
hydrocarbon oil floating to the surface of a sample of water
under the same conditions as prescribed in the definition of
"floatable oil and grease."
6. "F'loatable oil and grease" means the oil and grease
floating to the surface of a sample of water when it is
retained for one hour in a quiescent condition in a vessel
with vertical wallst filled to the depth of 30 centimeters.
7 "Industrial wastewater" means the same as
"nondomestic wastewater.
. "Interference" means the inhibition or disruption
of the wastewater treatment facilities which contributes to a
violation of any requirement of the City's National Pollutant
Discharge Elimination System permit, or Discharge Permit.
9. "Nondomestic wastewater" means wastewater other
than domestic wastewater, or industrial wastewater combined
with domestic wastewater.
ltd " DES permit" means the National Pollutant
Discharge Elimination System permit issued to the wastewater
treatment facilities by the Regional Board, or Discharge
Permit .
11 "Operation" includes the washing of equipment or
spaces used in industrial operations. Industrial wastewater
does not include the followingi wastewaters from the
operations of single or multiple residences, motes, hotels,
schools , vehicle service ;facilities, wash racks and garages,
except as otherwise indicated herein.
1 "Person' means any individual;, local, state and
federal agency or their agents, firm, or co anrt. associa-
tint society, corporation, or group, and includes the plural:`
as well as the singular.
13. 'Plumbing officials" means the Director of
Building and Safety of the City of Redlands or his authorized
representative or deputy.
14 "Pretreatment means the reduction of the amount
of pollutants, the elimination , of pollutants, or the
alteration of the nature of pollutant properties in
wastewater prior to or in lieu of discharging or otherwise
introducing such pollutants into a POTW. The reduction or
alteration may be obtained by physical, chemical or biologi-
cal
ologi--
cal . processes, process changes or by 'other means, except as
prohibited. ,Appropriate pretreatment technology includes
control equipment, such as equalization tanks or facilities
for protection against surges or slug loadings that might
interfere with or otherwise be incompatible with the RW.
However, where wastewater from a regulated process is mixed
in an equalization facility with unregulated wastewater or
with wastewater from another regulated process, the effluent
from the equalization facility rust meet ,, ,-an adjusted pre-
treatment limit.
15 . "Public sewer" means a common sewer maintained by
the City that collects domestic or nondomestic wastewater for
transport to the treatment facilities. The term as herein
used does not include storm drains or channels for conveyance
of natural surface waters .
16 . "Municipal Utilities Director" means the Municipal
Utilities Director of the City of Redlands or his authorized
representative or deputy(s) .
17 . "Sand-and-oil interceptor" or " interceptor" means
an approved detection chamber designed to remove grease, oil
and sand from wastewater prior to discharge into the public
sewer.
18. "Significant industrial user" or " industrial user"
means any industrial user of the wastewater treatment facili
ties who has a discharge flow of more than twenty-five thou-
sand gallons per day (gpd) ; discharges waste at a strength
equivalent to or more than twenty-five thousand gallons per
day of domestic strength wastewater,; discharges a waste which
contains any toxic pollutant(s) limited by the Environmental
Protection, Agency (EPA) as requiring regulationt or dis-
charges wastewater that the Municipal Utilities Director
requires to be controlled by a wastewater discharge permit .
19. "Wastewater discharge permit* or "permitw means
that document authorizing an industrial user to discharge
nondomestic wastewater to the public sewers and/or wastewater
treatment facilities .
20. "Wastewater effluent" or "effluent" means the
treated wastewater discharged from the wastewater treatment
facilities.
21 . "Wastewater treatment facilities' or "treatment
facilities' means the structurest equipment, and processes
maintained by the City which are required to treat and dis-
pose of domestic and nondomestic wastewater.
22. "Pass Through" means the Discharge of pollutants
through the POT W into navigable waters in quantities or
concentrations which are a cause of or significantly contri-
bute to a violation of any requirement of the POTW' s NPDES or
discharge permit (including an increase in the magnitude or
duration of a violation) . An Industrial User significantly
contributes to such permit violation where it:
a, Discharges a daily pollutdnt loading in excess of
that allowed by contract with the PDT W or by Federal State,
or local law;
b. Discharges wastewater which substantially differs
in nature and constituents from the User's average Discharge-,
C. Knows or has reason to know that its Discharge
alone or in conjuction with Discharges from other sourcest
would result in a permit violation- or
d. Knows or has reason to know that the POTW is, for
any reason violating its final effluent limitations in its
permit and that such Industrial User' s Discharge either alone
or in conjunction with Discharges from other source
increases the magnitude or duration of the POTW's violations.
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23 "Water supply" means the City' s water supply serv-
ing the area tributary to the City' s public sewers and/or
wastewater treatment facilities. "Water supply" may also
:mean the water supply actually served to a specific consumer
as determined by analysis of a composite sample collected and
analyzed in a manner approved by the Municipal: Utilities
Director .
2 .- "May" means permissive.
25. "Shall." means mandatory.
26 . "Act" means Federal Water Pollution Control Act,
also known as the Clean Water Act, as amended.., 33 U.S.C .
1251, et seg.
27 . "Toxic pollutants" are those constituents as de-
fined in the Act.
2 $ "New Source" means; any building, structure,
facility or installation from which there is or may be a
Discharge of pollutants , the construction of wbich commenced
after the publication of proposed Pretreatment Standards
under section 307 (c) of the Act which will be applicable to
such source if such Standars, are thereafter promulgated in
accordance with that section, Rjgyided that:
a. The; building, structure, facility or installation
is constructed at a site at which no other source is located;
or
b.. The building , structure-, facility or installation
totally replaces the process or production equipment that
causes the discharge of pollutants at an existing source: or
C. The production or wastewater generating processes
of the building , structure, facility or installation are
substantially independent of an existing source at the sane
site . In determining whether these are substantially inde-
pendent, factors such as the extent to which the new facility
is integrated with the existing plant, and the extent to
which the new facility is engaged in the same general type of
activity as the existing source should be considered.
d. Construction on a site at which an existing source
is located results in modification rather than a new source
if the the construction does not create a new building,
structure, facility or installation meeting the criteria of
paragraphs 2 . a . or 2 . c . of this section but otherwise
alters, replaces, or adds to; existing process or production
equipment .
e. Construction of a new source as defined under this
paragraph has commenced if the owner or operator has.
(1.) Begun, or caused to begin as part of a contin-
uous onsite construction program;
A. Any placement, assembly, or installation of fa-
cilities or equipment, or
B . Significant site preparation work including clear-
ing, excavation, or removal of existing buildings, struc-
tures , or facilities which is necessary for the placement,
assembly, or installation of new source facilities or equip-
ment; or
{
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C ) Entered into a binding contractual obligation
for the purchase of facilities or equipment which are in-
tended to be used in its operation within a reasonable time .
Options to purchase or contracts which can be terminated or
modified without substantial loss, and contracts for feasi-
bility, engineering , and design studies do not constitute a
contractual obligation under this paragraph.
29 . "Director and Regional Board" means Executive
Officer of the Santa Ana Regional Water Quality Control
Board .
30 . "Administrator or Regional Administrator" means the
executive officer of the Federal Environmental Protection
Agency.
31 . "Control Authority" means the City of Redlands
acting through its Municipal Utilities Director .
32. "POTW" means the City of Redlands wastewater treat
mens facility.
C. Definitions of all chemical, biological, and other
technical terms shall be the same as defined in the latest
edition of "Standard Methods for the Examination of Water and
Wastewater" , published by American Public Health Association,
American Water Works Association and Water Pollution Control
Federation. (Prior code 83901)
13 -52 .030 Prohibited discharges .
Except as hereinafter provided, it shall be unlawful for
any person to discharge or to cause to be discharged into any
public sewer or any opening leading to a public sewer of the
City any of the following:
A. Any earth, sand, rocks, ashes, gravel, plaster,
concrete, semisolid (partially solid) or viscous material in
quantities or volume which will obstruct the flow of sewage
in the public sewer or any object which will cause clogging
of sewage pumps or sewage sludge pumps , or interfere with the
normal operation of the wastewater treatment facilities .
B. Any compound which will produce noxious odor in the
public water or wastewater treatment facilities, or public
sewer .
C. Any volatile liquid or substance which can produce
toxic, flammable or explosive atmosphere in the public sewer.
D. Any overflow from any septic tank or holding tank ,
cesspool, or any liquid or sludge pumped from a cesspool or
septic tank , except at such place and in such manner as may
be prescribed by the Municipal Utilities Director or his
Agent .
E. Any storm water or any runoff from any field, roof,
yard driveway or street .
F . Any liquid or vapor which will cause the tempera-
ture of the sewage in the City' s receiving main 6" or grea-
ter, to rise higher than 104 degrees Fahrenheit , or
substantially inhibit biological activity in the wastewater
treatment facilities .-
C.
acilities .G. Any radioactive wastes in excess of Federal, State,
or County regulations .
H. Any material or quantity of material which will
cause significant damage to any part of the public sewer
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system, abnormal sulfide generation or abnormal maintenance
or operation costs of any part of the public sewer system,
becomes a nuisance or Menace to public health, cause the City
wastewater effluent to exceed the concentration limits set by
the Regional. Board, or cause interference with the function
of the wastewater treatment facilities;.
I . Any wastewater having a pH lessthan 6 .0, or waste;
water having any other corrosive property capable of causing
damage or hazard to structures, equipment and/or personnel of
the public sewer system. (Prior code 83942)
J. ,any discharge which alone or in conjunction with
other discharges causes "pass through ,.
K . Any pollutants including oxygen demanding pollu-
tants (BOD, etc .) released in a discharge at a flow rate
and/or pollutant concentration which will cause interference .
L o industrial user shall ever increase the use of
process water or, in any other way, attempt to dilute a
discharge as a partial or complete substitution for adequate
treatment to achieve compliance with a categorical standard.
13.52 ,444 Interceptor - Required when.
Any facility maintained for the servicing or repair of
roadway machinery shall install and maintain a sand-anti-oil
interceptor. Wastewaters from toilets shall not be allowed
to pass through this interceptor, but all wastewaters arising
from the servicing and repair of vehicles shall pass through
this interceptor before discharge to a public sewer of the
City. If the vehicle servicing facility does not include
facilities for the washing of more than one vehicle at a
time, the interceptor shall have an operation fluid capacity
of not less than six cubic feet: and accessible effective
water surface not less than four square feet. ' Accessible
effective water surface" is here understood to mean a surface
which is easily accessible for cleaning and which at the same
time will retain oil floating on the surface of water passing
through the trap under conditions of use. If the vehicle
servicing facility has facilities for washing or otherwise
cleaning more than one vehicle at a time, the interceptor
shall have an operating fluid capacity of at least twelve
cubic feet and an accessible effective water surface of at
least six square feet, and shall be 'as much larder than this
as is necessary so that a seven-day accumulation of sand and
oil will not together fill more than twenty-five percent of
the fluid capacity. The interceptor shall be designed so as
to retain any oil and grease which will float and any sand'
which will settle . It shallbe water tight and structurally
sound and. durable . It shall: be easily accessible for clean-
ing and also for inspection by the Municipal Utilities
Director. (prior code 83943)
13 .52.450 Interceptor - Installation before effective
date.
Any interceptor legally and properly installed at a
vehicle servicing facility before February 18 1983 shall be
acceptable as an alternative to the interceptor specified in
Section 13.52. .444, provided such interceptor is effective [
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in removing sand and oil and is so designed and installed
that if can be inspected and properly maintained. If the
Municipal Utilities Director finds, either by engineering
knowledge or by observation, that an interceptor is incapable
of retaining adequately the sand and oil in the wastewater
flow from a vehicle servicing facility, he shall declare that
it does not meet the requirements of this chapter. There-
after, the provisions of Section 1 .5 .040 shah.- apply.
(Prior code 83904)
13 ,52.860 Interceptor _ Designs on file .
The Municipal Utilities Director shall maintain a file,
available for public use, of suitable designs of sand-and-oil
interceptors . This shall be for informational purposes only.
By maintaining such a file, the City is in no way endorsing
any design therein, and is making no representation of
adequacy in specific service. The owner or proprietormust
keep sand and oil out of the public suer. if this
interceptor is not adequate under the conditions of use, he
shall construct one which is effective in accomplishing the
intended purpose of this Ordnance. (Prior code 83905)
13 .52 .070 Intercepter - Facility approval.
The Municipal Utilities Director shall not approve the
plumbing of a vehicle servicing or repairing facility if it
doesnot have a sand-and-oil interceptor meeting the
requirements of this chapter. Prior code 83936)
13 .52.080 Interceptor Maintenance.
The sand-and--oil interceptor of a vehicle servicing
facility shall be properly maintained. It shall be cleaned
as often as is necessary to assure that sand and oil does
not accumulate to impair the efficiency of the interceptor .
When an interceptor is cleaned, the accumulated sediment and
floating material shall be removed and legally disposed of
otherwise than to a; public sewer. An interceptor is not
considered to be properly maintained if for any reason it is
not in good working condition . It is not considered to be
properly maintained if sand and oil accumulations total more
than twenty-five percent of the; operating fluid capacity.
The owner of any vehicle servicing facility, the lessee and
sub-lessee if there be such,, and any proprietor, operator or
superintendent of such facility are individually and sever-
ally liable for any failure of proper maintenance of such
interceptor. (prior code 83907)
13 .52 .090 Water softeners.
A. It is unlawful to install, replace or enlarge
apparatus for softening all or any part of the water supply
to any premises when such apparatus is an ion-exchange soft-
ener or demineralier of the type that is regenerated on the
site of use. The owner of an existing water softening or
conditioning apparatus may continue to operate said apparatus
after the owner registers and certifies the apparatus with
the City pursuant to the requirements set forth in Health and
Safety Code. The certification shall include the following
information:
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1 . Name and address of homeowner.
2- The equipment manufacturer,
3 . Model number of the apparatus , pounds of salt used
per regeneration, salt efficiency rating at the time of
certification, and that the specified water saving devices
have been. installed.
4 . Name, address, and the specialty contractor' s
license number of the Class C-55 and C-36 licensee making the
certification.
5 . Any other information required by the Municipal
Utilities Director.
B. No water conditioning equipmentinuse after Feb-
ruary 1 , 1983 ,. except as provided for in this chapter, may
discharge its wastes to the public suer or to the ground; if
the equipment has a mineral capacity in excess of one and
one-half cubic feet . Multiple units installed; to supply
water to the same premises shall be considered as a single
apparatus for the purposes of this chapter.
C . Any person installing or operating water-treating
apparatus of any find shall maize such apparatus accessible to
the Municipal Utilities Director for inspection of all times
and shall maize such reports and pay any fee relative to such
apparatus as the Municipal Utilities Director may require.
(prior code 83908
13 .52 .100 Discharge fees.
All industrial wastewater dischargers shall be required
to pay either an industrial wastewater discharge permit fee,
or a nondomestic wastewater discharge inspection fee. The
amount of these annual fees shall be established by the City.
(Prior code 83909)
13.52.110 permit - required
All significant industrial users proposing to connect to
or discharge to the treatment facilities shall: obtain
wastewater discharge permit before connecting to or dis-
charging to the public sewer and/'or treatment facilities .
All existing industrial users connected to or discharging the
public sewer and/'or treatment facilities shall appy for a
wastewater discharge permit within sixty days after February
1 , 1983, P
A. And shall; submit a baseline report within 90 days
after the effective date of a categorical Pretreatment
Standard, or 90 days after the final administrative decision
made upon a category determination submission existing
industrial Users subject to such categorical pretreatment
Standards and currently discharging to or scheduled to
discharge to a- POTW shall be required to submit to the
Control Authority a report which contains the information
listed in paragraph A. (1-7) of this section . Where reports
containing this information already have been submitted to
f
the Director or Regional Administrator, the Industrial user
will not be required to submit this information, again . New
sources shall be required to submit to the Control Authority
a report which contains the information listed in paragraphs
A. (1-5) of this section:
1 . Identifying information. The User shall submit the
name and address of the facility including the name of the
operator and owners;
2 . Permits. The User shall submit a list of any
environmental control permits held by or for the facility,-
3. Description of operations . The User shall submit a
brief description of the nature, average rate of production,
and Standard Industrial Classification of the Operation (s)
carried out by such Industrial User . This description should
include a schematic process diagram which indicates points of
Discharge to the POTW from the regulated processes .
4 . Flow measurement. The User shall submit informa-
tion showing the measured average daily and maximum daily
flow, in gallons per day, to the POTW from each of the fol-
lowing:
a, regulated process streams; and
b . other streams as necessary to allow use of the
combined wastestream formula. (See paragraph A. .v of this
section.
The Control Authority may allow for verifiable estimates of
these flows where justified by cost or feasibility consi-
derations.
5 . Measurement of Pollutants.
a . The user shall identify the Pretreatment Standards
applicable to each regulated process,
b . In addition, the User shall submit the results of
sampling and analysis identifying the nature and concentra-
tion (or mass , where required by the Standard or Control
Authority) of regulated pollutants in the Discharge from each
regulated process. Both daily maximum and average concentra-
tion (or mass, where required) shall be reported. The sample
shall be representative of daily operations-,
C. Where feasibler samples must be obtained through
the flow-proportional composite sampling techniques specified
in the applicable categorical Pretreatment Standard. Where
composite sampling is not feasible, a grab sample is accept
able;
d. Where the flow of the stream being sampled is less
than or equal to 950 ,000 liters 'day (approximately 250 ,000
gpd) , the User must take three samples within a two-week
period. Where the flow of the stream being sampled is
greater than 950,000 liters day (approximately 250,000 gpd) r
the User must take six samples within a two-week period .
e. Samples should be taken immediately downstream from
pretreatment facilities if such exist or immediately down-
stream from the regulated process if no pretreatment exists.
If other wastewaters are mixed with the regulated wastewater
prior to pretreatment, the User should measure the flows and
concentrations necessary to allow use of the combined waste-
stream formula in order to evaluate> with the Pretreatment
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Standards-. Where an alternate concentration or mass limit
has- been calculated, this adjusted limit along with support-
ing data shall be submitted to the Control Authority;
f. Sampling and analysis shall be performed in accor-
dance with the techniques prescribed in 40 CFP. Part 136 and
amendments thereto. Where 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant in ques-
tion, or where the Administrator determines that the Part 136
sampling and analytical techniques are inappropriate for the
pollutant in question, sampling, and analysis shall be per-
formed by using validated analytical methods or any other
applicable sampling and analytical procedures, including
procedures suggested by the POTor other parties, approved
by the Administrator.-
g .
dministrator;g The Control Authority may allow the submission of a
baseline report which utilized only historical data so long
as the data provides information sufficient to determine the
need for industrial pretreatment measures;
h . The baseline report shall indicate the time, date
and place, of sampling, and methods of analysis, and shall
certify that such sampling and analysis is representative of
normal work cycles and expected pollutant discharges to the;
P `
6 Certification. A statement, reviewed by an author
ied representative of the Industrial User (as defined in
subparagraph k) of this section) and certified to by a
qualified professional,, indicating whether Pretreatment
Standards are being stet on a consistent basis, and, if not,
whether additional operation and maintenance 0 and M) and/or
additional pretreatment is required for the Industrial User
to meet the Pretreatment Standards and Requirements.- and
7 . Compliance Schedule . If additional pretreatment
and/or 0 and M will be required to meet the Pretreatment:
Standards; the shortest schedule by which the Industrial User
will provide such additional pretreatment and/or 0 and M
shall apply. The completion date in this schedule shall not
be later than the compliance date established for the;
applicable Pretreatment Standard.
a. Where the Industrial User' s categorical Pretreat-
ment Standard has been modified by a removal allowance, the
combined wastestream formula, and/or a Fundamentally Differ-
ent Factors variance at the time the User submits the report
required by paragraph b) of this section, the information
required by paragraphs A. 6. and 7 . of this section shall
pertain to the modified limits,
b if the categorical Pretreatment Standard is modi-
fied by a removal allowance the combined wastestream formula
and/or a Fundamentally Different Factors variance after the
User submits the report required by paragraph A. of this
section, any necessary amendments to the information request
ed by paragraphs A. 6 . and 7. of this section shall be sub-
mitted by the User to the Control Authority within 60 days
after the modified limit is approved,
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B. Compliance Schedule for Meeting Categorical Pre-
treatment Standards. The following conditions shall apply to
the schedule required by paragraph A. 7 . of this section.
1 The schedule shall contain, increments of progress
in the form of dates for the commencement and completion of
major events leading to the construction and operation of
additional pretreatment required for the Industrial User' to
meet the applicable categorical Pretreatment Standards (e.g . ,
hiring an engineer, completing preliminary plans, completing`
final plans, executing contract for major components,
commencing construction, completing construction, etc.) .
. No increment referred to in paragraph B. 1 . of this
section shall exceed 9 months.
3 . Not later than 14 days following each date in the
schedule and the final date for compliance, the Industrial
User shall submit a progress report to the Control Authority
including, at a minimum, whether or not it complied with the
increment of progress to be met on such slate and, if not$ the
date on which it expected to comply with this increment of
progress, the reason for delay, and the steps being taken by
the Industrial User to return the construction to the sche-
dule estab-fished . In; no event shall more than. 9; months
elapse between such progress reports to the Control Author-
ity.
C. Report on compliance with categorical pretreatment
standard deadline,. Within 90 days following the date for
final: compliance with applicable categorical pretreatment
Standards or in the case of a New Source following commence-
ment of the introduction of wastewater into the POTW, any
Industrial User subject to Pretreatment Standards and
Requirements shall submit to the Control Authority a report
indicating the nature and concentration, of all pollutants in
the Discharge from the regulated process which are limited
by Pretreatment Standards and Requirements and the average
and maximum daily flaws for these process units in the
Industrial. User which are limited by such Pretreatment
Standards and Requirements. The report shall state whether=
the applicable Pretreatment Standards or Requirements are
being met on a consistent basis and, if not, what additional
C and M and/or pretreatment is , necessary to bring the
Industrial User into compliance with the applicable>
Pretreatment Standards or Requirements . This statement shall
he, signed by an authorized representative of the Industrial
User, as defined in paragraph ( of this section , and
certified to by a qualified professional.
U. Periodic reports on continued compliance.
1 . Any Industrial User subject to a categorical Pre-
treatment Standard, after the compliance date of such Pre--
treatment Standard, or, in the case of a New Source, after`
commencement of the discharge into the POTWr shall submit to
the Control Authority during the months of June and December,
unless required more frequently in the Pretreatment Standard
or by the Control Authority or the Approval Authority, a
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report indicating the nature and concentration of pollutants
in the effluent which are limited by such categorical Pre-
treatment Standards . In addition, this report shall include
a record of measured or estimated average and maximum daily
flows for the reporting period for the Discharge reported in
paragraph A.4 . of this section except that the Control Auth-
ority may require more detailed reporting of flows . At the
discretion of the Control Authority and in consideration of
such factors as local high or low flow rates, holidays ,
budget cycles, etc . , the Control Authority may agree to alter
the months during which the above reports are to be sub-
mitted.
' 2 . Where the Control Authority has imposed mass limit
ations on Industrial Users, the report required by paragraph
D.I . of this section shall indicate the mass of pollutants
regulated by Pretreatment Standards in the Discharge from the
Industrial User .
E. Notice of slug loading . The Industrial User shall
notify the POTW immediately of any slug loading by the Indus
trial User .
F . monitoring and analysis to demonstrate continued
compliance. The reports required in paragraphs A.5 . , C, and
D of this section shall contain the results of sampling and
analysis of the Discharge, including the flow and the nature
and concentration, or production and mass where requested by
the Control Authority, of pollutants contained therein which
are limited by the applicable Pretreatment Standards. The
frequency of monitoring shall be prescribed in the applicable
Pretreatment Standard . All analyses shall be performed in
accordance with procedures established by the Administrator
pursuant to section 304 (g) of the Act and contained in 40 CPR
Part 136 and amendments thereto or with any other test pro-
cedures approved by the Administrator . Sampling shall be
performed in accordance with the techniques approved by the
Administrator . Where 40 CPR Part 136 does not include sampl
ing or analytical techniques for the pollutants in question,
or where the Administrator determines that the Part 136
sampling and analytical techniques are inappropriate for the
pollutant in question, sampling and analyses shall be per-
formed using validated analytical methods or any other sampl
ing and analytical procedures suggested by the POTW or other
parties approved by the Administrator .
G. Provisions governing fraud and false statement.
The reports required by paragraphsf A. , C. , D* y G. H. , and
I . of this section shall be subject to the provisions of 18
U.S.C . section 1001 relating to fraud and false statements
and the provisions of section 309 (c) (2) of the Act governing
false statementso representations or certifications in
reports required under the Act.
H. Record-keeping requirements .
1 . Any Industrial User and POTW subject to the report
ing requirements established in this section shall maintain
records of all information resulting from any monitoring
activities required by this section . Such records shall
include for all samples:
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a. The date, exact place, method, and time of sampling
and the names of the person or persons taking the samples;
b. The dates analyses were performed;
C. Who performed the analyses-
d. The analytical techniques/methods used; and
e. The results of such analyses .
2 . Any Industrial User or POTW subject to the report-
ing requirements established in this section shall make such
records available for inspection and copying by the Director
and the Administrator (and POTW in the case of an industrial
User) . This period of retention shall be three years and
shall be extended during the course of any unresolved
litigation regarding the Industrial User or POTW or when
requested by the Director or the Regional Administrator .
3 . Any POTW to which reports are submitted by an
Industrial User pursuant to paragraphs A. , C . , and D. of this
section shall retain such reports for a minimum of 3 years
and shall make such reports available for inspection and
copying by the Director and the Regional Administrator . This
period of retention shall be extended during the course of
any unresolved litigation regarding the discharge of
pollutants by the Industrial User or the operation of the
POTW Pretreatment Program or when requested by the Director
or the Regional Administrator .
J. Procedures . The POTW shall develop and implement
procedures to ensure compliance with the requirements of a
Pretreatment Program. At a minimum, these procedures shall
enable the POTW to:
1 . Identify and locate all possible Industrial Users
which might be subject to the POTW Pretreatment Program. Any
compilation, index or inventory of Industrial Users made
under this paragraph shall be made available to the Regional
Administrator or Director upon request.-
2. Identify the character and volume of pollutants
contributed to the POTW. This information shall be made
available to the Regional Administrator or Director upon
request;
3 . Notify Industrial Users of applicable Pretreatment
Standards and any applicable requirements under section of
the Act and Subtitles C and D of the Resource Conservation
and Recovery Act .
4 . Receive and analyze self-monitoring reports and
other notices submitted by Industrial Users in accordance
with the self-monitoring requirements,-,
5 . Randomly sample and analyze the effluent from
Industrial Users and conduct surveillance and inspection
activities in order to identify, independent of information
supplied by Industrial Users, occasional and continuing
noncompliance with Pretreatment Standards . The results of
these activities shall be made available to the Regional
Administrator or Director upon request;
6 . Investigate instances of noncompliance with Pre-
treatment Standards and Requirements, or indicated by analy-
sist inspection, and surveillance . Sample taking and analy-
ses and the collection of other information shall be per-
formed with sufficient care to produce evidence admissible in
enforcement proceedings or in judicial actions.- and
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7 . Comply with the public- participation requirements
of 40 CFR Part 25 in the enforcement of National Pretreatment
Standards. 'These procedures shall include provision for at
least annually providing public notification, in the largest
daily newspaper published in the municipality in which the
POTW is located, of Industrial Users which, during the pre-
vious 12 months, were significantly violating applicable
Pretreatment Standards or Cather Pretreatment Requirements.-
For the purpose of this provision, a significant violation is
a violation, which remains uncorrected 45days after notifi-
cation of noncompliance; which is part of a pattern of non-
compliance over a, twelve month period, which involves a<
failure to accurately report noncompliance; or which resulted
in the P TW exercising its emergency authority,.
K . Signature and Requirements . All reports submitted
can behalf of an Industrial user shall be signed by a respon-
sible corporate officer or a duly authorized representative
of a responsible corporate officer . Responsible corporate
officer includes the President, Secretary, Treasurer, Vice
President or Owner.
13.52 .120 Permit Application form.
A. Users required to obtain a wastewater discharge
permit shall complete and file with the Municipal Utilities
Director an application form provided by the Municipal till
ties Director. The application farm shall show!
1. Mame, mailing address., and location of business or
plant.-
2 .
lant;2 SIC number according to the Standard Industrial
Classification Manual . Bureau of the Budget, 1972, as amen-
ded:
3 . wastewater constituents and characters as measured
by' a State certified laboratory or a laboratory approved by
the Municipal Utilities Director_.
4. Time and duration of discharge.
8 Average daily and peak wastewater flow rates,
including any seasonal. variation;
5 . Site plans, flood plans, mechanical and plumbing
plans and details to show all sewers, sewer connections , and
appurtenances by the size, location', and elevation;
7Description of activities,, facilities and plant
processes on the premises, including all materials which are
or could be discharged;
8. Whether or not pretreatment standards (federal
categorical pretreatment standards and/or local) are being
met- on a consistent basis . If not, the shortest schedule by
which the user will provide additional pretreatmentand/or
operation and maintenance to meet applicable standards;
g Any other information as may be necessary for the
Municipal Utilities Director to evaluate the permit
application.
B. within fourteen clays the Municipal Utilities
Director will evaluate the data furnished by the user. After;
14
evaluation and acceptance of the data furnished, the Munici-
pal Utilities Director will issue a wastewater discharge
permit subject to the terms provided herein.
C. If the Municipal Utilities Director determines that
the proposed discharge will not be acceptable, he shall dis-
approve the application and shall so notify the applicant .
(Prior code 83911)
13 -52 .130 Permit - Contents .
Wastewater discharge permits shall be expressly subject
to all provisions of this chapter, EPA, and all other
applicable regulations$ charges and fees established by the
City. Permits will contain, unless the Municipal< Utilities
Director instructs otherwise, the following:
A. The unit charge, schedule of user charges, and fees
for the wastewater discharge to the public sewer and/or
treatment facilities .
B. Limitations on the average and maximum wastewater
constituents and characteristics:
C. Limitations on the average and maximum flow rate
and time of discharge or requirements for flow regulation and
equalization:
D . Requirements for installation and maintenance of
inspection and sampling facilities:
E. Specifications for monitoring programs which may
include sampling locations, frequency of samplingr number,
types and standards for analyses under Section 304(h) of the
C.W.A. and reporting schedules;
F. Compliance schedules;
G. Requirements for submission of technical or dis-
charge reports;
H. Requirements for maintaining and retaining plant
records relating to the wastewater discharge;
I . Requirements for notification of slug or accidental
discharges;
J. other conditions as deemed appropriate by the
Municipal Utilities Director to ensure compliance with this
chapter . (Prior code 83912)
13 .52 .140 Permit - Revision.
When the Federal categorical pretreatment standards are
promulgated, the wastewater discharge permit of the users
subject to such standards shall be revised to require com-
pliance with such standard within the time frame prescribed
by such standard. The permit would be ,modified< only when the
Federal categorical pretreatment standard is more restrictive
then the limitation (s) contained in this chapter . (Prior
code 83913)
13 .52.150 Permit - Termf transfer and amendment.
A. Permits shall be issued for a specified time period
not to exceed three years. A permit may be issued for a
period less than a year or may be stated to expire on a
specific date . The user shall apply for permit reissuance a
minimum of thirty days prior to the expiration of the user' s
existing permit.
B. Wastewater discharge permits are issued to a spe-
cific user for a specific operation. A Wastewater discharge
permit shall not be reassigned or transferred or sold without
the written approval of the Municipal Utilities Director.
Any succeeding owner or user shall also comply with the terms
and conditions of the existing permit.
C. If the discharger wishes to make alterations of
pretreatment facilities or alterations of connections to the
public sewer, or if he wishes to discharge additional waste
or to discharge wastes in excess of the amounts which have
been approved, or wastes of a different kind, he shall submit
to the Municipal Utilities Director a permit application
requesting approval of such alteration. The Municipal Utili
ties Director shall treat this in the same manner as an
original application under Section 12 .52.110 . Prior code
83914)
x3 .52 .160 Industrial wastewater discharge.
A. It is unlawful, after February 15f 1983, for any
person to discharge into the public sewer system of the City,
directly or indirectly, any industrial wastewater which is
not approved as to kind and amount by the Municipal Utilities
Director, except that the Municipal Utilities Director shall
grant such reasonable extensions of time in excess of the
one-hundred-eighty-day period as may be necessary for plant
alterations, changes in process or the design, acquisition,
manufacture, installation and testing of the committed
treatment or other facilities which additional time the
Municipal Utilities Director agrees is required to effect
compliance. Such extensions shall not exceed one year in
duration. Except as hereinafter set forth, no industrial
waste shall be discharged to a public sewer unless it
conforms to the requirements set forth in this Article for
all discharges to public sewers.
B. The following constituent items, set out in
subdivisions 1 through 7 of this subsection, are those shown
which the Regional Board specifies limitations for in terms
of not exceeding the water supply plus a given increment of
the constituent. The increments given in this chapter have
been increased above those specified by the Board to give
industrial waste dischargers the benefit of the dilution of
domestic waste discharges . If such discharge dilution is
insufficient this chapter may be amended to decrease the
increment values:
1 . The electrical conductivity shall at no time exceed
the yearly average electrical conductivity in the water
supply plus one thousand microns per cubic centimeter .
2. The content of sodium-ion shall at no time exceed
the yearly average sodium-ion in the water plus one hundred
seventy-five milligrams per liter.
_1 -
3.. The content of chloride-ion shall at no time exceed
the yearly average of chloride-ion in the water supply plus
one hundred fifty milligrams per liter.
4 . The content of sulphate shall at no time exceed
the yearly average sulphate in the water supply plus seventy-
five milligrams per liter.
5. The content of boron shall at no time exceed the
yearly average boron in the water supply plus 1 .0 milligrams
per liter of boron.
6 . The content of flouride shall at no time exceed the
yearly average of flouride in the water supply plus 1.,0
milligrams per liter of flouride.
7 .- The content of hardness expressed as calcium
carbonate shall not exceed the monthly average hardness in
the water supply plus one hundred milligrams per liter.
The following subdivisions 8 through 14 are those which
relate to the City' s operation of public sewers and waste-
water treatment facilities.
8 . The content of total oil and grease shall at no
time exceed :four hundred fifty milligrams per liter.
9 . The content of floaable oil and grease shall at n
time exceed one hundred milligrams per liter.
1 . The content of floatable hydrocarbon oil shall at
no time exceed one hundred milligrams per liter;.
ll. The standard five-day biochemical oxygen demand
shall at no time exceed six hundred fifty milligrams per
liter.
12. The suspended solids content shall at no time
exceed six hundred fifty milligrams per Lifer .
13. The dissolved sulfide content shall; at no time
exceed 0.1 milligrams per liter.
14 Toxic constituents shall not exceed the values
prescribed in Exhibit A,, Table 1, Discharge Limits, of the
ordinance codified in this chapter, a copy of which may be
found in, the office of the City Clerk . (Prior code 83915)
13 .52.170 Monitoring and inspection.
A. The Municipal Utilities Director shall require to
be provided and operated at the user's own expense,
monitoring facilities to allow inspection, sampling and flow
measurement of the building sewerand/or internal drainage
systems. The monitoring facilities to allow inspection-
sampling and flow measurement, of the building; sewer and/or
internal drainage systems . The monitoring facility should
normally be situated on the user' s premises, but the Munici-
pal Utilities Director mayt when such a location would be
impractical or cause undue hardship on the user, allow the
facility to be constructedin the public street- or sideway
area and located so that it will not be obstructed by
landscaping or parked vehicles;. There shall be ample room in
or near such sampling manhole or facility to allow accurate
sampling and preparation of samples for analysis. The
--1 .
E
facility, sampling , and measuring equipment shall be
maintained at all times in a safe and proper operating
condition at the expense of the user.
B. Whether constructed on public or private property,
the sampling and monitoring facilities shall be provided in
accordance with the City' s requirements and all applicable
local construction standards and specifications . Construc-
tion of monitoring facilities shall be completed within
ninety days following written notification by the Municipal
Utilities Director. The Municipal Utilities Director shall
inspect the facilities of any user to ascertain whether the
purpose of this chapter is being met and all requirements are
being- complied with. Persons or occupants of premises where
wastewater is created or discharged shall allow the Municipal
Utilities Director or his representative ready access at all
reasonable times to all parts of the premises for the purpose
of inspection, sampling, records examination, records
copying, or in the performance of any of their duties. The
municipal Utilities Director shall have the right to set up
on the user' s property such devices as are necessary to
conduct sampling inspection, compliance monitoring and/or
metering operations. Where a user has security measures in
force which would require proper identification and clearance
before entry into their premisest the user shall make
necessary arrangements with their security guards so that
upon presentation of suitable identification, personnel from
the City will be permitted to enterr, without delay, for the
purposes of performing their specific responsibilities.
(prior code 83916)
13 .52.180 Permit - Revocation.
The wastewater discharge permit may be revoked by the
Municipal Utilities Director when it is found that the
discharge is in fact in violation of the provisions of this
chapter or the user is not in compliance with other permit
conditions or requirements. The Municipal Utilities Director
shall take such steps as deemed necessary including immediate
severance of the sewer connection, to prevent or minimize
damage to the public sewer and/or treatment facilities or
endangerment to any individuals. The Municipal Utilities
Director shall reinstate the wastewater discharge permit upon
proof of the elimination of the noncomplying discharge and
after payment by the permittee of all applicable costs
incurred by the City to suspend or revoke the wastewater
discharge permit and/or to sever and reconnect the sewer
connection . A detailed written statement submitted by the
user describing the causes of the harmful discharge and the
measures taken to prevent any further occurence shall be
submitted to the City within fourteen days of the date of
occurrence* (Prior code 83917)
13 .52.190 Federal standards.
Upon the effective date of a Federal categorical pre-
treatment standard or other regulation for a particular
_18-
industrial category, the Federal standard, if more stringent
than limitations imposed under this chapter for sources in
that category, shall immediately su ercede the limitations
imposed under this chapter . The Municipal Utilities Director
shall notify all affected users of the applicable discharge
limitation and reporting requirements . (Prior code 83918)
13 .52 .200 Confidentiali^ty.
A. Information and data relative to a user obtained
from reports, questionnaires, permit applications, permits
and monitoring programs and from inspections shall be avail-
able to the public or other governmental agency without
restriction unless the user specifically requests and is able
to demonstrate to the satisfaction of the Municipal Utilities
Director that the release of such information would divulge
information, processes or methods of production entitled to
protection as trade secrets of the user .
B. when requested by the person furnishing a report,
the portions of a report which might disclose trade secrets
or secret processes shall not be made available for
inspection by the public but shall be madeavailableupon
written request to governmental agencies for uses related to
this chapter, the National Pollutant Discharge Elimination
System ( DES) permit, and/or the pretreatment program
provided, however, that such portions of a report shall be
available for use by the State or any state agency in
judicial review or enforcement proceedings involving the
person furnishing the report. Wastewater constituents and
characteristics will not be recognized as confidential
information . (Prior code 83919)
13 .52.210 Construction of provisions not to limit.
Nothing in this chapter shall be construed as lessening
the applicability of other requirements of this Code. This
chapter shall be construed in a manner consistent with the
provisions of the California Health and Safety Code regarding
the discharge of contaminating sewage, and with all other
state laws on the subjects covered herein . (Prior code
8392(0
13 .52.220 waiver of requirements,.
A. If any discharge to a public sewer contains or may
contain constituents which will cause it to fail to conform
to any of the requirements set forth in this Article, but the
Municipal Utilities Director finds that (1) the discharge
will not cause harm to the public sewer system nor unreason-
ably or inequitably burden the operation of the public sewer
and/or treatment facilities, (2) when considered together
with similar excesses in discharges of others, will not
materially affect the ability of the City to meet the
requirements of the Regional Board; on the City's effluent
discharge, and ( ) the discharge does not violate applicable
Federal regulations, he may grant approval for discharge to
the public sewer with waiver or modification-- sof the require-
ment which would not be net
_19-
B. To make use of this provision the discharger must
provide the Municipal Utilities Director with monthly
notarized records of the weight of all chemicals purchased
and the weight of all such chemicals used during the month.
Required records shall be submitted within thirty days after
the last day of the month for which record are being
submitted. In the permit the Municipal Utilities Director
shall include a statement regarding the requirement that is
waived with reasons as to why the waiver is reasonable. A
copy of this permit shall be filed with the City Clerk . Any
waiver granted pursuant to this section shall be subject to
withdrawal at any time the Municipal Utilities Director makes
a subsequent finding that the City sewer system is burdened
or the ability of the City to meet State and Federal
requirements is materially affected. (Prior code 83921)
13 .52.230 Exemption on discharge of toxic constituents.
Those discharging toxic constituents as specified in
Section B .5 .168C14 will not be held in violation of that
section of this chapter as long as the wastewater effluent
does not exceed these requirements unless damage is caused to
the public sewer and/or treatment facilities by the discharge
of such constituents or unless the industrial user fails to
meet Federal categorical pretreatment standards or demon-
strates an upset. (Prior code 83922)
A. Definition . For the purpose of this section,
"Upset" means an exceptional incident in which there is
unintentional and temporary noncompliance with categorical
Pretreatment Standards because of factors beyond the reason-
able control of the Industrial User. An Upset does not
include noncompliance to the extent caused b y operational
error, improperly designed treatment facilities, inadequate
treatment facilities, inadequate treatment facilitiesr lack
of preventive maintenance, or careless or improper operation.
B. Effect of an upset. An Upset shall constitute an
affirmative defense to an action brought for noncompliance
with categorical Pretreatment Standards if the requirements
of paragraph C. are met .
C. Conditions necessary for a demonstration of upset.
An Industrial User who wishes to establish the affirmative
defense of Upset shall demonstrateo through properly signed,
contemporaneous operating logs, or other relevant evidence
that:
1 . An Upset occurred and the Industrial User can
identify the specific cause(s) of the Upset
2 . The facility was at the time being operated in a,
prudent and workman-like manner and in compliance with ap-
plicable operation and maintenance procedures.-
3 . The Industrial User has submitted the following
information to the POTW and Control Authority within 24 hours
of becoming aware of the Upset (if this information is
provided orally, a written submission must be provided within
five days) :
a. A description of the indirect Discharge and cause
of noncompliance-
-20-
b. The period of noncompliance, including exact dates
and times or, if not corrected, the anticipated time the
noncompliance is expected to continue;
C4 Steps being taken and/or punned to reduce, elimi-
nate and prevent recurrence of the noncompliance.
D. Burden of proof. In any enforcement proceeding the
Industrial Leerseeping; to establish the occurrence of an
Upset shall have the burden of proof.
F. Peviewability of agency consideration of claims of`
upset. In the usual exercise of prosecutorial discretion,
Agency enforcement personnel should review any claims that
non-compliance was caused' by an Upset. No determinations
made in the course of the review constitute final Agency`
action subject to judicial review. Industrial Users will
have the opportunity for a judicial: determination on any
claim of Upset only in an enforcement action brought for
noncompliance with categorical Pretreatment Standards.
F. User responsibility in cause of upset. The Indus-
trial User shall control production or all Discharges to the
extend necessary to maintain compliance with categorical
Pretreatment Standards upon reduction, loss, or failure of
its treatment facility until the facility is restored or an
alternative method of treatment is provided. This require-
ment applies in the situation where, among other things, the
primary source of power of the treatment facility is reduced,
lost or fails.
13 .52 .240 Discharge into watercourse unlawful.
It is unlawful for any person to discharge or cause to
be discharged into any storm drain or storm water channel or
natural watercourse, whether currently carrying water or not,
or ,into any pipe or waterway leading to such drain, channels
or watercourse, any solid or fluid material which will impair
the useful functioning of such drain, channel, or watercourse
or which will cause expense to the City, or other public
agency, in maintaining the proper functioning of same, or
whish will cause public nuisance or public hazard or which
will; cause detrimental pollution of natural surface or sub-
surface waters.- (Prior code 83923)
13 ,52.251 Discharge into sump unlawful.
It is unlawful for any person to deposit or discharge or
cause to be deposited or discharged into any sump which is
not impermeable or into any pit or well, or onto the ground,
or into any storm drain or watercourse any material which by
sweeping underground or by being leached or by reacting with
the sail is detrimental to the usable underground waters and
exceeds the range of the effects of ordinary nonindustrial
land uses on underground waters into which such wastes may
seep, or which will violate any requirements of the Regional
Board. (Prior code> 83924)
13 .52.260' Appeal .
Decisions, judgment or findings made by the Municipal
Utilities Director pursuant to this chapter may be appealed
21-
to the City Council. The City Council may amend, modify,
confirm or reject any such decision, judgment or finding
(including waivers) Moon a finding that the purposeor intent
of this chapter would otherwise be violated. No appeal may
be made with respect to the spec=ific chapter requirements
pertaining to quality, content or type of disposal of
wastewater that may be discharged. (Prior code 83925)
13 .5`2 .270 annexation date.
Whenever in this chapter time limits are established or
period of compliance or extensions thereof are specified the
commencement date for computing such periods or time limits
for areas annexed to the City subsequent to enactment of the
ordinance codified in this chapter shall be the official
annexation date . This section shall have no application to
firms or industries established subsequent to the annexation
elate. (Prior code 83928)
13.52.28£ 'violation - Penalty.
A. Any person, firm or corporation violating any of
the provisions off this chapter shall be guilty of a
misdemeanor, and upon conviction thereof shall be punishable
by a fine of not more than one thousand dollars or by
imprisonment for a period of not more than six months, or by
both such fine and imprisonment . Each such person, firm or
corporation shall be deemed guilty of a separate offense for
every day during any portion of which any violation of any
provisions of this chapter is committed, continued or
permitted by such person, firm or corporation,; and shall be
punishable therefor as provided by this chapter .
B. In addition, The City attorney may commence an
action for appropriate legal:, equitable and/or injunctive
relief in the Municipal or Superior Court of San Bernardino►
County when any person is found to discharge wastes into
the City's sewer system contrary to the provisions of this
chapter, Federal or State pretreatment requirements, or any
carder of the City. In addition:, the City may recover rea-
sonable attorney' s fees, court costs, court reporter's fees,
and other expenses of litigation by appropriate suite at law
against the person found to have violated this chapter or the
orders, rules, regulations and permits issued hereunder.
(Prier code 83926)
SECTION TWO This ordinance shall be in force and tale
effect as provided by law.,
_22
SECTION THREE: The City Clerk shall certify to the adoption
of this ordinance and cause it to be published once in the
Redlands Daily Factst a newspaper of general circulation
printed and published in this City.
Mayor of the City of Redlands
ATTEST:
�Iyrrie-'rk_
it Lorrie Poyzer, City Clerk, City of Redlands, hereby cer-
tify that the foregoing ordinance was adopted by the City
Council at a regular meeting thereof held on the 18th day of
April, 1989, by the following vote:
AYES: Councilmember Wormser, DeMirjyn, Cunningham, Larson;
Mayor Beswick
NOES: None
ABSENT: None
LZ.I
City C erk
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All