Title 13
PUBLIC SERVICES
Chapters:
13.04 Sewer System
13.06 Storm Water Management and Discharge Control
13.08 Sewer Rates
13.12 Water System
Chapter 13.04
SEWER SYSTEM
Sections:
ARTICLE I.
DEFINITIONS
13.04.010 Application of definitions.
13.04.020 BOD.
13.04.025 Capacity charge.
13.04.030 City.
13.04.040 Department of public health.
13.04.050 Director.
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NOTE: Footnotes are numbered throughout the text and are located at the end of this title.
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13.04.055 Equivalent residential unit (ERU).
13.04.060 Family.
13.04.070 Garbage.
13.04.080 Grease.
13.04.090 Grease, dispersed.
13.04.100 Grease, floatable.
13.04.110 Natural outlet.
13.04.120 Person.
13.04.130 pH.
13.04.140 Residential premises.
13.04.150 Sewage.
13.04.160 Sewage treatment plant.
13.04.170 Sewage works.
13.04.180 Sewer.
13.04.190 Sewer, building.
13.04.195 Sewer connection fee.
13.04.200 Sewer, public.
13.04.210 Sewer, sanitary.
13.04.220 Sewer, storm.
13.04.230 Shall and may.
13.04.240 Superintendent.
13.04.250 Suspended solids.
13.04.260 Watercourse.
ARTICLE II.
USE OF PUBLIC SEWERS REQUIRED
13.04.270 Discharge of sewage to sanitary sewers required.
13.04.280 Deposit of objectionable waste upon public or private property prohibited.
13.04.290 Discharge of polluted water into storm sewers restricted.
13.04.300 Use of privies, septic tanks and cesspools restricted.
13.04.310 Installation of toilet facilities required.
13.04.320 Discharge of industrial waste into storm sewer restricted.
ARTICLE III.
APPLICATION FOR SERVICE- INSTALLATION AND CONNECTION REQUIREMENTS AND CHARGES
13.04.330 Unauthorized connections or use prohibited.
13.04.340 Application requirements. requirements.
13.04.350 Sewer connection fee.
13.04.360 Sewer capacity charges.
13.04.400 Control manholes required.
13.04.410 Connections to public sewers.
13.04.420 Sewer installation specifications and requirements.
13.04.430 Joint sewer line installation and maintenance.
13.04.440 Costs of construction of sewer lines by private parties.
13.04.450 Costs of extension of sewer main by city.
ARTICLE IV.
REGULATION OF DISCHARGES
13.04.460 Discharge of stormwater, surface water and groundwater into sanitary sewer prohibited.
13.04.470 Discharge of unpolluted waste waters into sanitary sewer restricted.
13.04.480 Discharge of substances causing obstructions to public sewers prohibited.
13.04.490 Prohibited discharges to public sewers.
13.04.500 Restrictions on quantity and character of wastes.
13.04.510 Private treatment facilities.
13.04.520 Grease, oil and sand interceptors.
13.04.530 Admittance of properly ground garbage into sanitary sewer.
13.04.540 Radioactive wastes-Discharge into public sewers.
13.04.550 Radioactive wastes-Reports required-Responsibility for spillage into sanitary or storm sewer.
13.04.560 Suspension of service for unlawful use of sewers.
13.04.570 Treatment of water or waste of unusual strength or character.
ARTICLE V.
ADMINISTRATION AND ENFORCEMENT
13.04.580 Unauthorized damage or destruction of sewage works prohibited.
13.04.590 Appeal procedure.
13.04.600 Power and authority of inspectors.
13.04.610 Violation-Notice.
13.04.620 Violation-Penalty.
13.04.630 Violation-Liability for expense, loss or damage.
ARTICLE I. 13.04.010 Application of definitions.
The definitions set forth in this article shall be applied throughout this chapter, unless the context or the provisions clearly requires otherwise.
(Ord. 458 § 1, 2001: Ord. 53 § 1(part), 1963).
13.04.020 BOD.
"BOD," denoting biochemical oxygen demand, means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees (20°) Centigrade, and shall be expressed in parts per million by weight.
(Ord. 53 § 1.1, 1963).
13.04.025 Capacity charge.
"Capacity charge" means a charge for facilities in existence at the time the charge is imposed or charges for new facilities to be constructed in the future that are of benefit to the person or property being charged.
(Ord. 458 § 2, 2001).
13.04.030 City.
"City" means the city of Brisbane.
(Ord. 53 § 1.2, 1963).
13.04.040 Department of public health.
"Department of public health" means the health officer of the city.
(Ord. 53 § 1.3, 1963).
13.04.050 Director.
"Director" means the director of public works of the city, or his authorized deputy, agent, or representative.
(Ord. 53 § 1.4, 1963).
13.04.055 Equivalent residential unit (ERU).
"Equivalent residential unit" or "ERU" means the estimate of average gallons of sewage flow per day per single-family unit. For the purpose of this chapter, such average is established at one hundred five (105). Where a charge imposed by this chapter is required to be calculated according to the number of ERUs, such determination shall be based upon an engineering estimate prepared or approved by the director, and for this purpose the director may utilize as a guideline the tables published from time to time by the State Water Resources Control Board of the California Environmental Protection Agency.
(Ord. 497 § 1, 2005: Ord. 458 § 3, 2001).
13.04.060 Family.
"Family" means any number of persons living together as a family unit.
(Ord. 53 § 1.5, 1963).
13.04.070 Garbage.
"Garbage" means and includes all animal and vegetable wastes from kitchens; all household wastes that have been prepared for or intended to be used as food or have resulted from the preparation of food; every accumulation of animal and vegetable waste from the establishments where foodstuffs intended for human consumption are handled commercially; and also bottles, tin cans and any other containers of food.
(Ord. 53 § 1.6, 1963).
13.04.080 Grease.
"Grease" means grease, oil, fat, or other ether-soluble matter, and shall be expressed in parts per million by weight.
(Ord. 53 § 1.7(part), 1963).
13.04.090 Grease, dispersed.
"Dispersed grease" means grease which is not floatable grease.
(Ord. 53 § 1.7(a), 1963).
13.04.100 Grease, floatable.
"Floatable grease" means grease which floats to the surface of quiescent sewage, water, or other liquid, or which floats upon dilution of the liquid with water.
(Ord. 53 § 1.7(b), 1963).
13.04.110 Natural outlet.
"Natural outlet" means any outlet into a watercourse, pond, ditch, lake, bay, ocean, or other body of surface water, or outlet into the groundwater.
(Ord. 53 § 1.8, 1963).
13.04.120 Person.
"Person" means any individual, firm, company, association, society, corporation, or group.
(Ord. 53 § 1.9, 1963).
13.04.130 pH.
"pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
(Ord. 53 § 1.10, 1963).
13.04.140 Residential premises.
"Residential premises" means premises used as a family residence.
(Ord. 53 § 1.11, 1963).
13.04.150 Sewage.
"Sewage" means water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground-waters, surface waters, and stormwaters as may be present, or any combination of such wastes and waters, and shall include:
A. "Industrial wastes," which means the wastes from producing, manufacturing, and processing operations of every kind or nature;
B. "Stormwater," which means the flow in sewers resulting from rainfall;
C. "Sanitary sewage," which means that portion of sewage exclusive of industrial wastes and stormwater.
(Ord. 53 § 1.12, 1963).
13.04.160 Sewage treatment plant.
"Sewage treatment plant" means any arrangement of devices and structures used for treating sewage.
(Ord. 53 § 1.13, 1963).
13.04.170 Sewage works.
"Sewage works" means all sewers and facilities which are used by the city for carrying, collecting, pumping, treating, and disposing of sewage.
(Ord. 53 § 1.14, 1963).
13.04.180 Sewer.
"Sewer" means a pipe or conduit for carrying sewage.
(Ord. 53 § 1.15(part), 1963).
13.04.190 Sewer, building.
"Building sewer" means the sewer connecting the house or structure on the property to the public sewer.
(Ord. 53 § 1.15(d), 1963).
13.04.195 Sewer connection fee.
"Sewer connection fee" means the fee charged for the cost of physical facilities necessary to install a building sewer, including, but not limited to, meters, meter boxes, and pipelines from the structure or project to the public sewer main.
(Ord. 458 § 4, 2001).
13.04.200 Sewer, public.
"Public sewer" means a sewer which is controlled by the city.
(Ord. 53 § 1.15(a), 1963).
13.04.210 Sewer, sanitary.
"Sanitary sewer" means a sewer to which stormwaters, surface waters, and groundwaters are not intentionally admitted.
(Ord. 53 § 1.15(b), 1963).
13.04.220 Sewer, storm.
"Storm sewer" or "storm drain" means a sewer which carries stormwaters and surface waters but from which sewage and polluted industrial wastes are excluded.
(Ord. 53 § 1.15(c), 1963).
13.04.230 Shall and may.
"Shall" is mandatory; "may" is permissive.
(Ord. 53 § 1.16, 1963).
13.04.240 Superintendent.
"Superintendent" means the superintendent of public works.
(Ord. 53 § 1.17, 1963).
13.04.250 Suspended solids.
"Suspended solids" means solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering, and shall be expressed in parts per million by weight.
(Ord. 53 § 1.18, 1963).
13.04.260 Watercourse.
"Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 53 § 1.19, 1963).
ARTICLE II. 13.04.270 Discharge of sewage to sanitary sewers required.
All sewage shall be discharged to public sanitary sewers except as provided in this chapter.
(Ord. 53 § 2.1, 1963).
13.04.280 Deposit of objectionable waste upon public or private property prohibited.
It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, or other objectionable waste.
(Ord. 53 § 2.2, 1963).
13.04.290 Discharge of polluted water into storm sewers restricted.
It is unlawful to discharge into any storm sewer or to any natural outlet within the city, or within any area under the jurisdiction of the city, any sanitary sewage, industrial waste, or other polluted water, except in accordance with, and in strict conformity to, the provisions of this chapter.
(Ord. 53 § 2.3, 1963).
13.04.300 Use of privies, septic tanks and cesspools restricted.
It is unlawful to construct, maintain, or use within the city, any privy, privy vault, septic tank, cesspool, or other facility designed, or intended to be utilized, for the disposal of sewage, except in those cases in which a special permit is granted therefor by the health officer, and then only for the duration of, in accordance with the terms of, and in strict conformity to the provisions of, such permit.
(Ord. 53 § 2.4, 1963).
13.04.310 Installation of toilet facilities required.
The owner of every house, building, or property used for human occupancy, employment, recreation, or other purpose, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located, a public sanitary sewer of the city, is required to install, at his own expense and as soon as practicable, suitable toilet facilities therein or thereon, and to connect, without any undue delay, and, in no event, at a date later than ninety (90) days following official notice from the health officer, such facilities directly with the proper public sewer in accordance with the provisions of this chapter; provided, that the public sewer is within a reasonable distance.
(Ord. 53 § 2.5, 1963).
13.04.320 Discharge of industrial waste into storm sewer restricted.
Discharge of industrial waste into a storm sewer or to a natural outlet shall be permitted only upon written approval of the superintendent, and then only if the person causing such discharge shall at all times fully comply with all applicable statutes of Chapter 7 of the Water Code of the state and with all requirements of the health officer.
(Ord. 53 § 2.6, 1963).
ARTICLE III. 13.04.330 Unauthorized connections or use prohibited.
No unauthorized person shall uncover, make any connections to, or make any opening into, any public sewer or appurtenance thereof, or in any manner or to any extent use, alter, or disturb the same.
(Ord. 53 § 3.1, 1963).
13.04.340 Application requirements.
A. Applications for connection to a public sewer shall be made by the property owner or the owner's authorized agent on a form furnished by the city. Each application shall be supplemented by such plans, specifications, analyses, flow data, or other information as may be required by the director.
B. Where a private easement is required in order to connect the owner's property to the public sewer, a proper legal description and drawings, including a diagram plan and profile, shall be submitted with the application.
C. In the case of every connection, irrespective of whether a new physical connection is to be made, a new or amended application shall be submitted upon any change in the occupancy or activity conducted upon the premises that results in a new or increased discharge into the public sewer.
(Ord. 458 § 5, 2001: Ord. 53 § 3.2, 1963).
13.04.350 Sewer connection fee.
If any construction or installation work will be performed by the city for the purpose of connecting a structure or project to the public sewer, the city shall be entitled to charge the owner of such structure or project a sewer connection fee in an amount equal to all costs that will be incurred by the city for the performance of such work, as determined by the director. An estimated payment of the sewer connection fee shall be deposited with the city prior to the commencement of work. Upon completion of the connection, the actual costs shall be determined by the director. If such costs are greater than the deposit, the owner shall pay the deficit to the city within fifteen (15) days after a billing for the amount due is mailed to the owner. Until such deficit is paid in full, the city may withhold issuance of a certificate of occupancy or any other permit or approval relating to the property. If the deposit is greater than the actual cost, the city shall refund the excess to the owner within thirty (30) days after such costs have been finally determined.
(Ord. 458 § 6, 2001: Ord. 248 § 1(part), 1979: Ord. 163 § 1(part), 1971: Ord. 53 § 3.3(part), 1963).
13.04.360 Sewer capacity charges.
A. Sewer capacity charges for single family dwellings, duplex dwellings, multiple family dwellings, and non-residential uses shall be paid to the city by the owner, or by any other person obligated to pay such charges, who desires the connection of any such property to the sewage works, based upon the following schedule:
DEFINITIONS
USE OF PUBLIC SEWERS REQUIRED
APPLICATION FOR SERVICE-INSTALLATION AND CONNECTION REQUIREMENTS AND CHARGES
| Type of Property: | Capacity Charge: |
| Single family dwelling | $ 2,523 |
| Duplex dwellings | $ 5,046 |
| Multifamily dwellings | $ 1,802 per unit |
| Non-residential uses | $ 2,523 per ERU |
B. The sewer capacity charge shall be paid to the city prior to the issuance of any building permit.
C. For the purpose of calculating the capacity charge for multi-family dwellings, separate common facilities requiring a sewer connection, such as laundry rooms, community buildings and recreational facilities, shall be considered to be separate units.
D. If, at any time, the existing use of a property changes, either through the establishment of a different use or a change in the size or nature of the existing use, and such change results in an increase in the number of dwelling units or an increase in the number of ERUs being connected to the sewer works, a sewer capacity charge shall be paid for such additional units or additional ERUs, as determined by the director.
(Ord. 458 § 7, 2001: Ord. 248 § 1(part), 1979: Ord. 163 § 1(part), 1971: Ord. 53 § 3.3(a), 1963).
13.04.400 Control manholes required.
When required by the superintendent, the owner of any property served by a building sewer or sewers carrying industrial wastes shall, at his expense, install and maintain suitable control manholes in each such building sewer to facilitate observation, sampling, and measurement of the wastes. Each manhole, when required, shall be accessibly and safely located, shall be constructed in accordance with plans approved by the superintendent, and shall be maintained by the owner so as to be safe and accessible at all times.
(Ord. 53 § 3.4, 1963).
13.04.410 Connections to public sewers.
The connection to the public sewer, including the pipings within any public street or right-of-way, shall be installed at the sole expense of the owner of the property served, by a contractor with an appropriate license issued by the state for this work. The contractor shall be prequalified before issuance of any permit. Such connection shall not be made without an approved permit issued by the superintendent.
(Ord. 163 § 2, 1971: Ord. 53 § 3.5, 1963).
13.04.420 Sewer installation specifications and requirements.
Sewers to be installed in the city shall satisfy the following requirements:
A. All sewers constructed in the public right-of-way shall be constructed in accordance with plans and specifications approved by the city council upon recommendation of the city engineer. Sewer laterals shall be constructed in accordance with standard plans prepared by the city engineer and approved by the city council.
B. Minimum size of all individual laterals shall be four (4) inches and shall require cleanout at the property line.
C. The minimum size of sewer mains shall be six (6) inches and standard manholes shall be placed at frequencies no greater than three hundred (300) feet or in places of change of direction or grade, except sewers twelve (12) inches in diameter or greater, under which circumstances the specific design shall be recommended by the city engineer and approved by the city council.
D. When sewers cannot be placed in the public right-of-way or in existing rights-of-way of ten (10) feet in width or greater, special easements shall be acquired a minimum of ten (10) feet in width and wherever possible shall straddle existing property lines.
E. Wherever easements ten (10) feet in width or greater can be acquired, public sewers shall be extended in accordance with approved plans and specifications and in accordance with proper master planning for the area being served.
F. Wherever a public sewer can be extended along public rights-of-way or standard easements, each service shall be extended to the public sewer by a lateral serving only one unit of ownership unless the city council, by resolution, approves the service of more than one unit of ownership by a lateral.
G. A cleanout shall be placed on each sewer lateral tying into a public utility easement at the line of the easement. The city shall maintain a portion of the lateral between the cleanout and the main so long as the cleanout is readily kept available and open for access by the city. Otherwise, it shall become the responsibility of the individual property owner who shall be liable for any damage to the main or lateral within the right of way.
H. Wherever a substandard extension of the sewer exists, i.e., a four (4) inch line or across private easements, no further extension of the sewer line can be made until such a time as an agreement for maintenance and rights of easement for all individuals using the line is recorded with the office of the county recorder.
I. The city council may, by resolution, upon finding good cause therefor, grant approval for a private sewer line (one which traverses another's private property in order to connect to the public sewer main); provided, that each applicant therefor shall submit plans in advance to the city engineer for approval. Any approval granted by the city council for a private sewer line is contingent upon an acceptable easement being recorded with the county recorder for access and maintenance of the sewer line.
(Ord. 163 § 3, 1971: Ord. 53 § 3.6, 1963).
13.04.430 Joint sewer line installation and maintenance.
The city council may, by resolution, upon finding good cause therefor, grant approval for a joint sewer line (one used by two (2) or more individuals); provided, that each applicant therefor shall submit plans to the city engineer for prior approval. Any approval granted by the city council for a joint sewer line is subject to the following terms and conditions:
A. Installation and maintenance costs of the joint sewer line shall be shared equally by the parties thereto. Any person who subsequently connects to the joint sewer line shall share in the cost thereof on a pro rata basis.
B. Original installation and repairs must be pursuant to code, and approval of the plumbing or building inspector is required.
C. One (1) owner may hire a licensed plumber to make emergency repairs without the consent of the other owners, in the event they are not available, and the cost of the emergency repairs shall be shared on a pro rata basis.
D. No user shall interrupt the continuity of the service or cause to have interrupted the continuity of the service of the joint sewer lateral, in such a manner as to cause damage or inconvenience to the other users, other than for a reasonable time required for repair.
E. In the event that the owner or users fail to act and the health department of the city determines that conditions in the joint sewer are such as to be a hazard to health or safety, then the city may, pursuant to written notice, order the work done and divide the cost, as specified in subsection A of this section, on the tax bill if it is not compensated within fifteen (15) days from the time of billing by registered mail to each of the users last known address or that shown on the last equalized assessment roll.
F. The owners and users of the joint sewer shall assume all responsibility and liability in connection therewith and they shall hold the city harmless.
G. The owners of the property on which the joint sewer is located shall grant and have recorded an easement of not less than five (5) feet in width for the maintenance and repair of the joint sewer.
(Ord. 163 § 4, 1971: Ord. 53 § 3.7, 1963).
13.04.440 Costs of construction of sewer lines by private parties.
Whenever the city accepts the dedication of a sewer line, constructed by a private party, which is capable of being connected to and serving other private parties, the city council may enter into agreements and adopt a resolution permitting the city to collect the pro rata share of the reasonable cost of the sewer, plus administrative costs, from other parties connecting to the sewer line, and reimbursing the sums collected to the party dedicating the sewer line to the city.
(Ord. 188 § 1, 1974: Ord. 53 § 3.8, 1963).
13.04.450 Costs of extension of sewer main by city.
In the event the Brisbane sewer main is extended by the city, and the cost thereof is determined by the city engineer, the city council may adopt a resolution charging a sewer main extension fee so that each person connecting thereto shall pay their pro rata share for the cost of the sewer main extension.
(Ord. 202 § 1, 1975: Ord. 53 § 11, 1963).
ARTICLE IV. 13.04.460 Discharge of stormwater, surface water and groundwater into sanitary sewer prohibited.
No person shall discharge, or cause to be discharged, any stormwater, surface water, groundwater, roof runoff, or subsurface drainage into any sanitary sewer.
(Ord. 53 § 4.1, 1963).
13.04.470 Discharge of unpolluted waste waters into sanitary sewer restricted.
No person shall discharge, or cause to be discharged, any unpolluted cooling water or unpolluted industrial process water into a sanitary sewer where a storm sewer or suitable natural outlet is available. In no event whatever shall any such water be discharged into a sanitary sewer without prior written approval of the superintendent.
(Ord. 53 § 4.2, 1963).
13.04.480 Discharge of substances causing obstructions to public sewers prohibited.
No person shall discharge, deposit, throw, or cause, allow, or permit to be discharged, deposited, or thrown, into any public sewer or into any plumbing fixture, manhole, or private sewer or drain connected to a public sewer, any substance of any kind whatever tending to obstruct or injure the sewage works, or to cause a nuisance or hazard, or which will in any manner interfere with the proper operation or maintenance of the sewage works in the opinion of the city engineer.
(Ord. 53 § 4.3, 1963).
13.04.490 Prohibited discharges to public sewers.
A. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following waters or wastes into any public sewer:
1. Any liquid or vapor having a temperature detrimental to the sewer system;
2. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas;
3. Any water or waste which contains excessive amounts of grease, oil, or fats;
4. Any garbage, except properly ground garbage from individual dwelling units, as specified in Section 13.04.530;
5. Any sand, cement, cinders, ashes, metal, glass or other heavy solids; any straw, shavings, animal hair, feathers, paunch manure, or other fibrous matter; and tar, asphalt, resins, plastics, or other viscous substance; or any other matter of such a nature as to obstruct the flow in sewers or as to cause other interference with the proper operation of the sewage works;
6. Any water or waste containing excessive amounts of acid, alkali, or dissolved sulfide, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of sewage works;
7. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, or to create a hazard in the waters receiving effluent from the sewage treatment plant;
8. Any waters or wastes containing suspended solids or dissolved matter of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;
9. Any noxious or malodorous gas or substance capable of creating a public nuisance;
10. Any radioactive wastes, as provided in Sections 13.04.540 and 13.04.550.
B. Whenever deemed necessary by the superintendent, the owner shall, at his own expense, provide such treatment or take such other measures as shall be required in order to reduce the objectionable characteristics, contents, or rate of discharge of waters or wastes being deposited in the sewer, so that the same may be received therein without any damage to the sewage works or any undue interference with its operation and without any hazard of any kind to humans or animals.
(Ord. 53 § 4.4, 1963).
13.04.500 Restrictions on quantity and character of wastes.
A. The admission into the public sewers of any wastes or waters having an average daily flow greater than two percent (2%) of the average daily flow at the sewage treatment plant, or having any of the following characteristics, shall be subject to the review of the superintendent:
1. Temperature in excess of one hundred fifty degrees (150°) Fahrenheit, approximately sixty-five and six-tenths degrees (65.6°) Centigrade;
2. Suspended solids, or matter which upon dilution with water or sewage results in the formation of suspended solids, in excess of five hundred (500) parts per million;
3. Biochemical oxygen demand in excess of four hundred (400) parts per million;
4. Floatable grease of animal or vegetable origin in excess of fifty (50) parts per million, and of mineral origin in excess of fifteen (15) parts per million, or dispersed grease in excess of six hundred (600) parts per million;
5. A pH of less than five and five-tenths (5.5) or more than ten and five-tenths (10.5);
6. Dissolves sulfides in excess of one (1) part per million.
B. The provisions of subsection A of this section and the values therein set forth shall not be regarded or construed as regulating or limiting the quantity or character of any specific industrial waste which may be received into the sewer system, but shall serve as a guide in the administration of this chapter for the purpose of determining, in general, the acceptability of waste for admission into the sewer system.
(Ord. 53 § 4.5, 1963).
13.04.510 Private treatment facilities.
When private treatment facilities are provided for any waters or wastes to meet the requirements of this chapter, they shall be maintained in a satisfactory and effective manner of operation by the person discharging such waters or wastes, all at his own expense.
(Ord. 53 § 4.6, 1963).
13.04.520 Grease, oil and sand interceptors.
Grease, oil and sand interceptors shall, at the expense of the owner or tenant, be provided in all commercial plumbing systems, new or existing, for those establishments producing liquid waste containing, or likely to contain, any flammable substance or sand or quantities of grease in excess of the amounts set forth in Section 13.04.510. Interceptors shall conform with all requirements of the plumbing code of the city insofar as the same are applicable, shall be of a type and capacity approved by the superintendent, and shall be so located as to be readily and easily accessible for cleaning and inspection. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation.
(Ord. 53 § 4.7, 1963).
13.04.530 Admittance of properly ground garbage into sanitary sewer.
Garbage, fruit, vegetable, animal or other solid kitchen waste materials from individual dwelling units, resulting from the preparation of any food or drink, may be admitted into the sanitary sewer if first passed through a mechanically operated grinder so designed that:
A. It shall operate with cold water flowing into the grinder and through the sink drain line in such manner as to congeal and aerate the solid and liquid greases within the grinding unit;
B. It shall discharge wastes at a reasonably uniform rate in fluid form, which shall flow readily through an approved trap, drain line, or soil line in a manner which prevents clogging or stoppage of the drain line;
C. It shall be of such construction and have such operating characteristics that not more than five percent (5%) by weight of all material discharged from it shall have any dimension larger than one-fourth ( 1/4) inch, and no particle shall have any dimension greater than one-half ( 1/2) inch. Weights shall be determined on a dry basis;
D. It shall be self-scouring, with no fouling surfaces to cause objectionable odors;
E. It shall be free from electrical or mechanical hazards and shall adequately protect the user against injury during operation;
F. It shall be permanently connected to the drain in compliance with the plumbing code of the city and shall be free from cross-connection to any water pipe; and
G. The entire installation shall comply in all particulars with the provisions of the plumbing and electrical codes of the city.
The decision as to the sufficiency of the design to meet these requirements shall rest with the superintendent.
(Ord. 53 § 4.8, 1963).
13.04.540 Radioactive wastes-Discharge into public sewers.
No person shall discharge, or cause to be discharged, any radioactive wastes into any public sewer or appurtenances thereof, except where:
A. The waste is discharged in strict conformity with current Atomic Energy Commission recommendations for safe disposal of radioactive wastes; and
B. The person discharging the radioactive wastes assumes full responsibility for any injury to personnel or damage to the sewage works that may result from such discharge.
(Ord. 53 § 4.9, 1963).
13.04.550 Radioactive wastes-Reports required-Responsibility for spillage into sanitary or storm sewer.
Any person discharging a radioactive waste to a public sewer, in accordance with the provisions of Section 13.04.540, shall submit to the superintendent such reports as the director may deem necessary. In the event of an accidental spilling or depositing of any radioactive material into a sanitary or storm sewer, the person who causes such occurrence, or who is responsible therefor, shall:
A. Immediately notify the superintendent; and
B. Render such technical or other assistance to the department of public works as may be required to avoid any hazard from the radioactivity.
(Ord. 53 § 4.10, 1963).
13.04.560 Suspension of service for unlawful use of sewers.
When deemed necessary by the superintendent for the preservation of public health or safety, or for protection of public or private property, he may suspend sewer service to any person or persons using the sewer system in a manner or way as to endanger the public health or safety or public or private property, and in this regard may sever from the public sewer all pertinent connections thereto. If such endangerment shall be imminent, then the superintendent may act immediately to suspend sewer service without giving any advance notice or warning whatsoever to the person or persons.
(Ord. 53 § 4.11, 1963).
13.04.570 Treatment of water or waste of unusual strength or character.
No statement contained in Sections 13.04.460 through 13.04.560 shall be construed as preventing any special agreement or arrangement between the city and any individual or industrial concern, whereby any water or waste of unusual strength or character or composition may be accepted by the city for treatment. In the event that any such special agreement or arrangement shall involve additional or extraordinary expense to the city, such individual or industrial concern may, at the option of the city, be required to reimburse the city therefor and, in that connection, to post with the city such bond or other guarantee as shall be acceptable to the city.
(Ord. 53 § 4.12, 1963).
ARTICLE V. 13.04.580 Unauthorized damage or destruction of sewage works prohibited.
No unauthorized person shall maliciously, wilfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person, firm, or corporation violating this provision shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than five hundred dollars ($500.00), or by imprisonment in the county jail for a period of not more than six (6) months, or by both such fine and imprisonment. No fine or sentence imposed under this section may be suspended.
(Ord. 53 \s; 7.1, 1963).
13.04.590 Appeal procedure.
A. In the event that any interested or affected person feels aggrieved because of, or is dissatisfied with, any action or determination of the superintendent of public works, such person shall be entitled to take an appeal in writing, the order or chain of appeal being as follows:
1. To the city manager-clerk if dissatisfied with any action or determination of the superintendent of public works; and
2. To the city council if dissatisfied with any action or determination of the city manager-clerk.
B. If thirty (30) days or more elapses following theaction or determination of any one of the officials in the chain of appeal designated in subsection A of this section without an appeal being taken therefrom, then the action or determination of such official or officials shall become final.
(Ord. 53 § 5.1, 1963).
13.04.600 Power and authority of inspectors.
The superintendent, and other duly authorized employees and agents of the city bearing credentials and identification shall, in all cases affected by this chapter, be permitted to enter upon all properties for the purpose of:
A. Determining the size, depth, location, and condition of any sewer or storm drain connection;
B. Determining the location of discharge connections of roof and surface drains and plumbing fixtures; and
C. Inspecting, observing, measuring, sampling, and testing the quantity, consistency, and characteristics of sewage being discharged into any public sewer or natural outlet.
(Ord. 53 § 6.1, 1963).
13.04.610 Violation-Notice.
Any person found to be violating any provision of this chapter, except Section 13.04.580, shall be served by the city with written notice which shall state the nature of the violation and shall provide a reasonable time limit for the satisfactory correction thereof, the actual duration of the time limit to depend, in any particular case, upon all the facts and surrounding circumstances. The offender shall, within the period of time specified in such notice, permanently cease the continuance of the violation.
(Ord. 53 § 8.1, 1963).
13.04.620 Violation-Penalty.
Any person who continues any violation beyond the time limits provided for in Section 13.04.610 shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than three hundred dollars ($300.00), or by imprisonment in the county jail for a period of not more than three (3) months, or by both such fine and imprisonment for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
(Ord. 53 § 8.2, 1963).
13.04.630 Violation-Liability for expense, loss or damage.
Any person violating any of the provisions of this chapter shall become liable to the city for any and all expense, loss, or damage occasioned the city by reason of such violation.
(Ord. 53 § 8.3, 1963).
Chapter 13.06 Sections:
13.06.010 Title.
13.06.020 Purpose and intent.
13.06.030 Construction and application.
13.06.040 Definitions.
13.06.050 Responsibility for administration.
13.06.060 Storm water charges established.
13.06.070 Schedule of charges.
13.06.080 Collection.
13.06.090 Special charges.
13.06.100 Finance director report-Notice and hearing.
13.06.110 Adoption of report.
13.06.120 Additional charges.
13.06.130 Discharge of pollutants.
13.06.140 Exceptions to discharge prohibition.
13.06.150 Discharge in violation of permit.
13.06.160 Illicit discharge and illicit connections.
13.06.170 Reduction of pollutants in storm water.
13.06.180 Watercourse protection.
13.06.190 Authority to inspect.
13.06.200 Violations constituting infractions.
13.06.210 Penalty for violation.
13.06.220 Concealment.
13.06.230 Acts potentially resulting in violation of federal Clean Water Act and/or Porter-Cologne Act.
13.06.240 Violations deemed a public nuisance.
13.06.250 California Code of Civil Procedure Section 1094.6.
13.06.260 Appeals.
13.06.270 Civil actions.
13.06.280 Administrative enforcement powers.
13.06.290 Authority to arrest or issue citations.
13.06.300 Remedies not exclusive.
13.06.310 Coordination with hazardous materials inventory and response program.
13.06.010 Title.
The ordinance codified in this chapter shall be known as the "City of Brisbane Storm Water Management and Discharge Control Ordinance" and may be so cited.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.020 Purpose and intent.
The purpose of this chapter is to ensure the future health, safety, and general welfare of the city of Brisbane's citizens by:
A. Eliminating nonstorm water discharges to the municipal separate storm sewer;
B. Controlling the discharge to municipal separate storm sewers from spills, dumping or disposal of materials other than storm water;
C. Reducing pollutants in storm water discharges to the maximum extent practicable.
The intent of this chapter is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.030 Construction and application.
This chapter shall be construed to assure consistency with the requirements of the federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CA0029921 and any amendment, revision or reissuance thereof.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.040 Definitions.
Any terms defined in the federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the storm water discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this article shall have the same meaning as in that statute or regulations. Specifically, the definition of the following terms included in that statute or regulations are incorporated by reference, as now applicable or as may hereafter be amended: discharge, illicit discharge, pollutant, and storm water. These terms presently are defined as follows:
A. "Discharge" means any addition of any pollutant to navigable waters from any point source, or any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.
B. "Illicit discharge" means any discharge to the city storm sewer system that is not composed entirely of storm water except discharges pursuant to a NPDES permit and discharges resulting from firefighting activities.
C. "Pollutant" means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharge into water.
D. "Storm water" means storm water runoff, snow melt runoff, and surface runoff and drainage.
E. "Authorized Enforcement Official." When used in this chapter, the following city officials are "authorized enforcement officials": director of public works/city engineer; city manager; building and planning director; fire chief and their authorized designees.
F. "Best management practices ("BMPs")" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to "waters of the United States." 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 material storage.
G. "City" means the city of Brisbane.
H. "City storm sewer system" means and includes, but is not limited to, those facilities within the city by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains, which is not part of a publicly owned treatment works (POTW) as defined in 40 CFR § 122.2.
I. "Nonstorm water discharge" means any discharge that is not entirely composed of storm water.
J. "Premises" means any building lot parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.050 Responsibility for administration.
This chapter shall be administered for the city by the director of public works/city engineer. Where storm drain facilities and/or watercourses have been accepted for maintenance by the San Mateo County Flood Control and Water Conservation District or other public agency legally responsible for certain watercourses, then the responsibility for enforcing the provisions of this chapter may be assigned to such agency, through contract or agreement executed by the city and such agency, with respect to those watercourses for which they have accepted maintenance.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.060 Storm water charges established.
Pursuant to the provisions of Health and Safety Code Section 5471, the city establishes a system of charges for its storm water drainage system. For the purposes of such system of charges "assessment roll" means the roll upon which general taxes of the city are collected and "annual real property tax statement" means the annual tax statement issued by the County of San Mateo.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.070 Schedule of charges.
The charges for services furnished by the city may be based upon the class of use or area of parcels as determined by resolution of the city council adopted by a four-fifths vote. Charges shall be assessed on a yearly basis against parcels as set forth in the master fee schedule adopted by resolution of the city council.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.080 Collection.
All storm water charges hereinabove provided for shall be collected on the official tax assessment roll, together with all regular municipal real property taxes. The charges shall constitute liens upon the particular lots or parcels of land affected and shall be effective at the same time and to the same extent as is provided for by law in the case of property taxes, with like penalties for delinquencies, all provided for by Health and Safety Code Section 5473.5, et seq.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.090 Special charges.
The city may, upon a proper showing and upon the city council's making a determination in connection therewith, enter into a special written agreement with any industrial or commercial concern providing for the direct payment of storm water charges to the city rather than for the charges to be collected on the tax rolls; provided, however, that in the event of a default, the city shall be entitled to receive from the particular taxpayer the benefit of all applicable penalties for delinquencies and to avail itself of all applicable remedies for the enforcement of collection.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.100 Finance director report-Notice and hearing.
Annually, on or before the first day of July, it is the duty of the finance director to file with the city clerk a report containing a summary of the annual charges of real property, computed in conformity with the schedule of charges. Thereafter, the city council shall hold a public hearing with respect to the report, after the city clerk has given proper notice.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.110 Adoption of report.
On or before the tenth day of August of each year, following the final determination of the city council with respect to the annual report, the city clerk shall file with the county auditor a copy of the report with a statement endorsed thereon over the clerk's signature that it has been finally adopted by the city council. The county auditor shall then enter the amounts of the charges against the respective lots of parcels of land as they appear on the then-current assessment roll based upon detailed date provided by the city.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.120 Additional charges.
The city may adopt fees to provide for the recovery of costs from users of the storm water system. Such fees may include, but are not limited to, permits, monitoring, inspections and surveillance procedures, accidental discharge matters appeals, reimbursement of costs incurred by city for removal of pollutants, and any other fees the city deems necessary to carry out the requirements of this chapter. The applicable fees shall be as set forth in the city's master fee schedule.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.130 Discharge of pollutants.
The discharge of nonstorm water discharges to the city storm sewer system is prohibited except as provided herein. All discharges of material other than storm water must be in compliance with a NPDES permit issued for the discharge other than NPDES Permit No. CA0029921.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.140 Exceptions to discharge prohibition.
The following discharges are exempt from the prohibition set forth in Section 13.04.58.
A. The prohibition on discharges shall not apply to any discharge regulated under a National Pollutant Discharge Elimination System (NPDES) permit issued to the discharger and administered by the state of California under authority of the United States Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.
B. Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to separate storm drains, uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washings, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from fire fighting, and accordingly are not subject to the prohibition on discharges.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.150 Discharge in violation of permit.
Any discharge that would result in or contribute to a violation of NPDES Permit No. CA0029921, a copy of which is filed in the office of the city clerk, and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.160 Illicit discharge and illicit connections.
It is unlawful to establish, use, maintain, or continue illicit drainage connections to the city storm sewer system, and to commence or continue any illicit discharges to the city storm sewer system. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.170 Reduction of pollutants in storm water.
Any person engaged in activities which will or may result in pollutants entering the city storm sewer system shall undertake all practicable measures to reduce such pollutants. Examples of such activities include ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, commercial facilities, stores fronting city streets, etc. The following minimal requirements shall apply:
A. Littering.
1. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the city, so that the same might be or become a pollutant, except in containers or in lawfully established grounds.
2. The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the city in front of which there is a paved sidewalk shall maintain the sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on the real property as required for the disposal of garbage.
3. No person shall throw or deposit litter in any fountain, pond, lake, stream, lagoon, or any other body of water in a park or elsewhere within the city.
B. Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot, gas station pavement or similar structure shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the city storm sewer system.
C. Best Management Practices for New Developments and Redevelopments. Any construction contractor performing work in the city shall endeavor, whenever possible, to provide filter materials at the catch basin to retain any debris and dirt flowing in to the city's storm sewer system. The director of public works/city engineer may establish controls on the volume and rate of storm water runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants.
D. Notification of Intent and Compliance With General Permits.
1. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general storm water permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall provide notice of intent, comply with, and undertake all other activities required by any general storm water permit applicable to such discharges.
2. Each discharger identified in an individual NPDES permit relating to storm water discharges shall comply with and undertake all activities required by such permit.
E. Compliance With Best Management Practices. Where best management practices, guidelines or requirements have been adopted by any federal, state of California, regional and/or city agency, for any activity, operation or facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of nonstorm water to the storm water system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guideline or requirements as may be identified by the director of public works/city engineer.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.180 Watercourse protection.
Every person owning property through which a watercourse passes, or such person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; shall maintain existing privately-owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for the maintenance, nor remove the vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.
No person shall permit or cause to be committed any of the following acts, unless a written permit has first been obtained from the director of public works/city engineer.
A. Discharge into or connect any pipe or channel to a watercourse;
B. Modify the natural flow of water in a watercourse;
C. Carry out development within thirty (30) feet of the center line of any creek or twenty (20) feet of the top of a bank;
D. Deposit in, plant in, or remove any material from a watercourse including the banks, except as required for necessary maintenance;
E. Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or
F. Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by storm waters passing through such watercourse.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.190 Authority to inspect.
Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the official by this chapter; provided that (1) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (2) if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly-authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of storm water contamination, illicit discharges, discharge of nonstorm water to the storm water system, or similar factors.
A. Authority to Sample and Establish Sampling Devices. The city shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site.
B. Notification of Spills. As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or nonstorm water discharges entering the city storm sewer system, such person shall take all necessary steps to ensure the discovery and containment and clean-up of such release and shall notify the city of the occurrence by telephoning 911 and confirming the notification by correspondence to the city of Brisbane Public Works Department.
C. Requirement to Test or Monitor. Any authorized enforcement official may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of nonstorm water to the storm water system, undertake such monitoring activities and/or analyses and furnish such reports as the official may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.200 Violations constituting infractions.
Any person violating or failing to comply with any of the following provisions of this chapter shall be guilty of an infraction, which shall be enforced and punishable in the manner prescribed by the Penal Code and the Government Code of the State of California or abated as a nuisance herein.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.210 Penalty for violation.
If storm water charges are delinquent for a period of sixty (60) days, a penalty of ten (10) percent of the amount owed for delinquent stormwater charges shall be imposed. If storm water charges are delinquent for a period of one hundred twenty (120) days, an additional penalty of one and one-half (1 1/2) percent per month shall be paid.
B. Any person violating a provision of this chapter or failing to comply with a mandatory requirement of this chapter is guilty of an infraction and, upon conviction, shall be punished as set forth in Chapter 36900 of the Government Code. After a third conviction for a violation of the same provision, any subsequent violations within a twelve-month period may be charged as a misdemeanor.
C. Continuing Violation. Unless otherwise provided, a person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as herein provided.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.220 Concealment.
Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.230 Acts potentially resulting in violation of federal Clean Water Act and/or Porter-Cologne Act.
Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or waste water which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the federal Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalty. Any enforcement action authorized under this chapter should also include notice to the violator of such potential liability.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.240 Violations deemed a public nuisance.
In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized enforcement official, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney.
The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three (3) months after the completion by the authorized enforcement official of the removal of the nuisance and the restoration of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real properly is sold under execution.
If any violation of this chapter constitutes a seasonal and recurrent nuisance, the city council shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.250 California Code of Civil Procedure Section 1094.
Section 1094.6 of the California Code of Civil Procedure is applicable to judicial review of city decisions pursuant to this chapter.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.260 Appeals.
A. Public Works Director/City Engineer. Any discharger affected by any decision, action, or determination, including assessments and abatement order, made in interpreting or implementing the provisions of this chapter, or any permit issued hereunder, may file with the public works director/city engineer a written request for review of such decision, action, or determination, setting forth in detail the facts supporting the request no later than ten (10) days from date of decision. The public works director/city engineer shall complete the review and issue a written determination within ten (10) days after receipt of the request, unless the director of public works/city engineer or his/her designee reasonably extends the time thereof.
B. Written Appeal to City Manager. Any person shall have a right to appeal any determination made pursuant to any authority provided by this chapter to the city manager to exhaust administrative remedies, by filing with the city manager a written notice of appeal. Incorporated herein by reference, and applicable to this chapter herein, is the appeals process lawfully enacted by Chapter 3.32, Section 3.32.070 of the Brisbane Municipal Code.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.270 Civil actions.
In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, and the court shall grant, as appropriate, any or all of other following remedies:
A. A temporary and/or permanent injunction;
B. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;
C. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation;
D. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the city to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.280 Administrative enforcement powers.
In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement official has the authority to utilize the following administrative remedies.
A. Cease and Desist Orders. When an authorized enforcement official finds that a discharge has taken place or is likely to take place in violation of this chapter, the official may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (1) comply with the requirement; (2) comply with the time schedule for compliance, and/or (3) take appropriate remedial or preventive action to prevent the violation from recurring.
B. Notice to Clean. Whenever an authorized enforcement official finds significant oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the city storm sewer system, he or she may give notice to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.290 Authority to arrest or issue citations.
Authorized enforcement officials shall have and are vested with the authority to arrest or cite any person who violates any section of this code in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanor offenses as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal Code or as the same may be hereinafter amended.
Such authorized enforcement officials or employees may issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, including Section 853.6 or as the same may hereafter be amended. It is the intent of the city council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees acting in the course and scope of employment pursuant to this chapter.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.300 Remedies not exclusive.
Remedies under this chapter are\in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
13.06.310 Coordination with hazardous materials inventory and response program.
The first revision of the business plan for any facility subject to the city's hazardous materials inventory and response program shall include a program for compliance with this chapter, including the prohibitions on nonstorm water discharges and illicit discharges, and the requirement to reduce storm water pollutants to the maximum extent practicable.
(Ord. 407 § 3(part), 1996: Ord. 392 § 2(part), 1994).
Chapter 13.08 Sections:
13.08.010 Required.
13.08.020 Sewer service charges established.
13.08.030 Billing-Collection.
13.08.040 Outside city boundaries.
13.08.050 Billing of new or additional connections.
13.08.010 Required.
Pursuant to the provisions of Division 5, Article 4, Chapter
6, Part 3, of the Health and Safety Code of the state, the city declares that there shall be in force in the city a system of sewer rentals and charges for all domestic, commercial, and industrial uses of the sewerage facilities of the city.
REGULATION OF DISCHARGES
ADMINISTRATION AND ENFORCEMENT
STORM WATER MANAGEMENT AND DISCHARGE CONTROL
SEWER RATES
| Bimonthly Flow (ccf) | Residential | Standard Commercial | Medium Commercial | Heavy Commercial |
| 0 | $39.12 | $39.12 | $39.12 | $39.12 |
| 1 | $40.73 | $41.30 | $42.35 | $43.44 |
| 2 | $42.32 | $43.48 | $45.59 | $47.75 |
| 3 | $43.92 | $45.65 | $48.82 | $52.06 |
| 4 | $45.52 | $47.83 | $52.05 | $56.37 |
| 5 | $47.12 | $50.01 | $55.28 | $60.69 |
| 6 | $48.72 | $52.19 | $58.51 | $65.00 |
| 7 | $50.32 | $54.37 | $61.74 | $69.31 |
| 8 | $51.92 | $56.55 | $64.98 | $73.62 |
| 9 | $56.26 | $60.89 | $70.51 | $80.34 |
| 10 | $60.61 | $65.24 | $76.04 | $87.06 |
| 11 | $64.96 | $69.59 | $81.57 | $93.77 |
| 12 | $69.30 | $73.93 | $87.10 | $100.49 |
| 13 | $73.65 | $78.28 | $92.63 | $107.20 |
| 14 | $78.00 | $82.63 | $98.16 | $113.92 |
| 15 | $82.35 | $86.98 | $103.70 | $120.64 |
| 16 | $86.69 | $91.32 | $109.23 | $127.35 |
| 17 | $91.04 | $95.67 | $114.76 | $134.07 |
| 18 | $95.39 | $100.02 | $120.29 | $140.78 |
| 19 | $99.73 | $104.36 | $125.82 | $147.50 |
| 20 | $104.09 | $108.71 | $131.35 | $154.22 |
| 21 or more | $104.09 plus $4.35 per unit over 20 | $108.71 plus $4.35 per unit over 20 | $131.35 plus $5.53 per unit over 20 | $154.22 plus $6.72 per unit over 20 |
After April 15, 2005, the sewer service charges for each class of property shall be computed on each one hundred (100) cubic feet (ccf) of water consumption per user, as follows:
BIMONTHLY SEWER RATE TABLE
| Bimonthly Flow (ccf) | Residential | Standard Commercial | Medium Commercial | Heavy Commercial |
| 0 | $44.99 | $44.99 | $44.99 | $44.99 |
| 1 | $46.84 | $47.50 | $48.71 | $49.95 |
| 2 | $48.67 | $50.00 | $52.42 | $54.91 |
| 3 | $50.51 | $52.50 | $56.14 | $59.87 |
| 4 | $52.35 | $55.01 | $59.86 | $64.83 |
| 5 | $54.19 | $57.51 | $63.57 | $69.79 |
| 6 | $56.03 | $60.02 | $67.29 | $74.75 |
| 7 | $57.87 | $62.52 | $71.01 | $79.71 |
| 8 | $59.70 | $65.03 | $74.72 | $84.67 |
| 9 | $64.70 | $70.03 | $81.08 | $92.39 |
| 10 | $69.70 | $75.03 | $87.44 | $100.11 |
| 11 | $74.70 | $80.03 | $93.80 | $107.84 |
| 12 | $79.70 | $85.02 | $100.17 | $115.56 |
| 13 | $84.70 | $90.02 | $106.53 | $123.28 |
| 14 | $89.70 | $95.02 | $112.89 | $131.01 |
| 15 | $94.70 | $100.02 | $119.25 | $138.73 |
| 16 | $99.70 | $105.02 | $125.61 | $146.45 |
| 17 | $104.69 | $110.02 | $131.97 | $154.18 |
| 18 | $109.69 | $115.02 | $138.33 | $161.90 |
| 19 | $114.69 | $120.02 | $144.69 | $169.62 |
| 20 | $119.70 | $125.02 | $151.06 | $177.35 |
| 21 or more | $119.70 plus $5.00 per unit over 20 | $125.02 plus $5.00 per unit over 20 | $151.06 plus $6.36 per unit over 20 | $177.35 plus $7.72 per unit over 20 |
After December 15, 2005, the sewer service charges for each class of property shall be computed on each one hundred (100) cubic feet (ccf) of water consumption per user, as follows:
BIMONTHLY SEWER RATE TABLE
| Bimonthly Flow (ccf) | Residential | Standard Commercial | Medium Commercial | Heavy Commercial |
| 0 | $49.49 | $49.49 | $49.49 | $49.49 |
| 1 | $51.51 | $52.25 | $53.58 | $54.95 |
| 2 | $53.53 | $55.01 | $57.67 | $60.40 |
| 3 | $55.56 | $57.76 | $61.75 | $65.86 |
| 4 | $57.58 | $60.52 | $65.84 | $71.31 |
| 5 | $59.60 | $63.27 | $69.93 | $76.77 |
| 6 | $61.62 | $66.03 | $74.02 | $82.22 |
| 7 | $63.65 | $68.78 | $78.11 | $87.68 |
| 8 | $65.67 | $71.53 | $82.19 | $93.13 |
| 9 | $71.17 | $77.03 | $89.19 | $101.63 |
| 10 | $76.67 | $82.53 | $96.19 | $110.12 |
| 11 | $82.17 | $88.03 | $103.19 | $118.62 |
| 12 | $87.67 | $93.53 | $110.18 | $127.12 |
| 13 | $93.17 | $99.03 | $117.18 | $135.61 |
| 14 | $98.67 | $104.52 | $124.18 | $144.11 |
| 15 | $104.17 | $110.02 | $131.17 | $152.60 |
| 16 | $109.67 | $115.52 | $138.17 | $161.10 |
| 17 | $115.16 | $121.02 | $145.17 | $169.59 |
| 18 | $120.66 | $126.52 | $152.17 | $178.09 |
| 19 | $126.16 | $132.02 | $159.16 | $186.59 |
| 20 | $131.66 | $137.52 | $166.16 | $195.08 |
| 21 or more | $131.66 plus $5.50 per unit over 20 | $137.52 plus $5.50 per unit over 20 | $166.16 plus $7.00 per unit over 20 | $195.08 plus $8.50 per unit over 20 |
D. Cost Increases. It is hereby declared to be the policy of the city council to adjust the foregoing sewer service charges to reflect future increases in the cost of living and the cost of sewer treatment services furnished to the city by San Francisco pursuant to the Sewer Service Agreement between the city and San Francisco. Consequently, the foregoing sewer service charges shall automatically be increased by the sum of the following:
1. The percentage increase, if any, in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, for urban wage earners and clerical workers, all items, for the San Francisco-Oakland statistical area ("CPI") published for the month nearest January first of each year as compared with the CPI published for the month nearest to January first of the immediately preceding year (the "CPI Increase"); and
2. The increase that may occur from time to time in the cost of sewer treatment services furnished to the city by San Francisco (the "SF Cost Increase"); provided, however, that the sewer service charges may not be increased by more than twenty percent (20%) during any single calendar year without adoption of an ordinance amending the schedule of rates set forth in subsection C of this section. An automatic increase in the sewer service charges resulting from a CPI Increase shall be implemented as of the next billing period following the date on which the increased CPI is published; an automatic increase in the sewer service charges resulting from a SF Cost Increase shall be implemented as of the next billing period following the date on which the higher treatment cost is imposed. CPI Increases shall be applied only to the operating expenses of the sewage works exclusive of the cost of sewer treatment services charged by San Francisco.
E. Late Charges. The city finance director is authorized to establish late charges on sewer service accounts that are not paid when due and for this purpose the finance director may adopt rules and procedures pertaining to the imposition and collection of such late charges.
F. Low Income Rate Assistance. A low income rate assistance program (LIRA) is established for residential households who apply and qualify for a fifteen percent (15%) decrease in the monthly sewer service charges on the following basis:
1. Applicants shall complete a LIRA application form, approved by the finance director for that purpose. The application shall provide adequate documentation that the head of the household is a service user whose account is listed at the service address and is personally responsible for the payment of the utility service at the service address and participates in the Pacific Gas and Electric (PG&E) lifeline program.
2. For households that do not pay gas or electric at the service address, the finance director shall make an eligibility determination based upon the standards of PG&E lifeline program in effect as of the time the application is submitted.
G. Appeal of Sewer Service Charges.
1. The service customer shall be responsible to notify the city in the event the customer believes the sewer service charge has been incorrectly calculated or is not applicable to the premises for which it has been charged.
2. The city manager or a designee is empowered to provide relief if the sewer service charge has been calculated using an erroneous use classification for the property or if evidence is provided demonstrating that the actual winter average or the previous winter average water consumption (for residential customers) or the actual water consumption (for commercial) during the billing period covered by the disputed charge is less than the volume used for calculation of such charge.
3. The service customer may appeal the city manager's decision to the city council by filing a notice of appeal with the city clerk within ten (10) days after the date on which the city manager's decision was rendered.
(Ord. 489 § 1, 2004; Ord. 467 § 1, 2002; Ord. 458 § 9, 2001: Ord. 444 § 1, 2000: Ord. 390 § 1, 1993; Ord. 380 § 1, 1992; Ord. 379 § 1, 1992: Ord. 377 § l, 1992: Ord. 775 § l, 1991: Ord. 370 § 1, 1991: Ord. 367 § l, 1991: Ord. 357 § l, 1990: Ord. 336 § l, 1988: Ord. 301 § l, 1984: Ord. 249 § l, 1979: Ord. 190 § l, 1974: Ord. 55 § l, 1963: Ord. 36 § 2, 1962).
13.08.030 Billing-Collection.
Commencing July 1, 1963, and continuing thereafter, all sewer rentals and fees shall be billed on the water bill of the Brisbane water department and shall be collected in the same manner as the fees and charges for the water department are collected.
(Ord. 55 § 2, 1963: Ord. 36 § 3, 1962).
13.08.040 Outside city boundaries.
In every case where a lot or parcel is situated outside the boundaries of the city to which the city renders municipal sanitary sewer service, the rates and charges as set forth in Section 13.08.020 shall be applicable.
(Ord. 55 § 4, 1963: Ord. 36 § 5, 1962).
13.08.050 Billing of new or additional connections.
In case of new or additional sanitary sewer connections or outlets being supplied by the city after the commencement of a particular fiscal year, the sewer rentals or charges shall be collected on the water bill of the Brisbane water department prorated from the date the connection or outlet is made.
(Ord. 55 § 6, 1963: Ord. 36 § 9, 1962).
Chapter 13.12 Sections:
13.12.005 Application requirements.
13.12.010 Supervision.
13.12.015 Water capacity charges.
13.12.020 Water service charges established.
13.12.025 Ownership and maintenance of water meter and laterals.
13.12.030 Rates, charges and regulations-Copies on file.
13.12.040 Definitions applicability to Sections
13.12.050 Cross-connections-Prohibited.
13.12.060 Cross-connections-Elimination by backflow prevention devices.
13.12.070 Backflow prevention devices-Testing required-Records.
13.12.080 Backflow prevention devices-Qualification of testers.
13.12.090 Backflow prevention devices-Requirements generally.
13.12.100 Backflow prevention devices-Use or maintenance prohibited if not tested annually.
13.12.110 Backflow prevention devices-Use or maintenance prohibited if not in good repair.
13.12.120 Backflow prevention devices-Maintenance.
13.12.130 Sale of pollution-causing chemicals or materials prohibited.
13.12.140 Termination of water service.
13.12.150 Penalties.
13.12.005 Application requirements.
A. Applications for connection to the city's water system shall be made by the property owner or the owner's authorized agent on a form furnished by the city. Each application shall be supplemented by such plans, specifications, analyses, or other information as may be required by the director of public works.
B. Where a private easement is required in order to connect the owner's property to the water system, a copy of the existing or proposed grant of easement together with a proper legal description and drawings, including a diagram plan and profile, shall be submitted with the application.
C. In the case of every non-residential service connection, irrespective of whether a new physical connection is to be made, a new or amended application shall be submitted upon any change in the occupancy or activity conducted upon the premises that results in the installation of a larger size water meter.
D. Applications for fire hydrant meters shall be filed on a form furnished by the city. The applicant shall provide a security deposit for the meter in an amount determined by the director.
WATER SYSTEM
| Size of Potable Water Meter | Capacity Charge |
| 5/8" meter | $ 2,284 |
| 3/4" meter | 3,426 |
| 1" meter | 5,710 |
| 1 1/2" meter | 11,420 |
| 2" meter | 23,388 |
| 3" meter | 52,623 |
| 4" meter | 93,553 |
| 6" meter | 210,493 |
| 8" meter | 374,211 |
| Size of Fire Service/Meter | Capacity Charge |
| 1" nominal diameter | $ 2,404 |
| 1 1/2" nominal diameter | 4,808 |
| 2" nominal diameter | 9,846 |
| 3" nominal diameter | 22,154 |
| 4" nominal diameter | 39,386 |
| 6" nominal diameter | 88,618 |
| 8" nominal diameter | 157,543 |
C. If, at any time, the existing use of a property changes, either through the establishment of a different use or a change in the size or nature of the existing use, and such change requires the installation of a water meter having a larger size than the meter currently serving the property, a water capacity charge shall be paid based upon the difference between the existing water meter and the larger water meter, as determined by the director.
D. The water capacity charge shall be paid to the city prior to the issuance of any building permit for performance of the work.
| Bimonthly Usage (ccf) | 5/8" Meter | 3/4" Meter | 1" Meter | 1 1/2" Meter | 2" Meter | 3" Meter | 4" Meter |
| 0 | $12.51 | $12.51 | $16.88 | $33.74 | $54.00 | $108.02 | $168.76 |
| 1 | $12.51 | $14.78 | $19.94 | $36.80 | $57.06 | $111.08 | $171.82 |
| 2 | $13.46 | $17.04 | $23.00 | $39.86 | $60.12 | $114.14 | $174.88 |
| 3 | $15.92 | $19.31 | $26.06 | $42.92 | $63.18 | $117.20 | $177.94 |
| 4 | $18.98 | $22.37 | $29.12 | $45.98 | $66.24 | $120.26 | $181.00 |
| 5 | $22.03 | $25.43 | $32.18 | $49.04 | $69.30 | $123.31 | $184.06 |
| 6 | $25.09 | $28.49 | $35.24 | $52.10 | $72.36 | $126.37 | $187.12 |
| 7 | $28.15 | $31.54 | $38.30 | $55.15 | $75.42 | $129.43 | $190.18 |
| 8 | $31.21 | $34.60 | $41.35 | $58.21 | $78.48 | $132.49 | $193.23 |
| 9 | $35.01 | $38.40 | $45.15 | $62.01 | $82.27 | $136.30 | $197.03 |
| 10 | $38.80 | $42.19 | $48.94 | $65.81 | $86.07 | $140.09 | $200.83 |
| 11 | $42.61 | $45.99 | $52.75 | $69.61 | $89.86 | $143.89 | $204.63 |
| 12 | $46.40 | $49.79 | $56.55 | $73.40 | $93.67 | $147.69 | $208.43 |
| 13 | $50.20 | $53.59 | $60.35 | $77.20 | $97.46 | $151.49 | $212.23 |
| 14 | $54.00 | $57.39 | $64.15 | $80.99 | $101.26 | $155.29 | $216.02 |
| 15 | $57.80 | $61.19 | $67.95 | $84.80 | $105.06 | $159.09 | $219.83 |
| 16 | $61.60 | $64.99 | $71.74 | $88.59 | $108.86 | $162.88 | $223.62 |
| 17 or more | Bill at applicable rate for 16 ccf plus $4.84 over ccf over 16 | ||||||
COMMERCIAL BIMONTHLY WATER RATE TABLE
| Bimonthly Usage (ccf) | 5/8" Meter | 3/4" Meter | 1" Meter | 1 1/2" Meter | 2" Meter | 3" Meter | 4" Meter | 6" Meter |
| 0 | $19.35 | $22.89 | $32.23 | $64.46 | $103.14 | $206.26 | $322.30 | $644.61 |
| 1 | $21.63 | $25.15 | $35.29 | $67.52 | $106.20 | $209.32 | $325.36 | $647.67 |
| 2 | $23.90 | $27.42 | $38.35 | $70.58 | $109.26 | $212.38 | $328.42 | $650.73 |
| 3 | $26.16 | $29.68 | $41.41 | $73.63 | $112.32 | $215.44 | $331.48 | $653.79 |
| 4 | $28.43 | $31.95 | $44.47 | $76.69 | $115.38 | $218.50 | $334.54 | $656.85 |
| 5 | $30.69 | $34.21 | $47.53 | $79.75 | $118.44 | $221.56 | $337.59 | $659.90 |
| 6 | $32.96 | $36.48 | $50.59 | $82.81 | $121.50 | $224.62 | $340.65 | $662.96 |
| 7 | $35.22 | $38.74 | $53.65 | $85.87 | $124.56 | $227.68 | $343.71 | $666.02 |
| 8 | $37.49 | $41.01 | $56.71 | $88.93 | $127.62 | $230.74 | $346.77 | $669.08 |
| 9 | $41.29 | $44.80 | $60.51 | $92.72 | $131.42 | $234.53 | $350.57 | $672.88 |
| 10 | $45.09 | $48.61 | $64.31 | $96.52 | $135.22 | $238.33 | $354.37 | $676.68 |
| 11 | $48.88 | $52.40 | $68.10 | $100.31 | $139.01 | $242.13 | $358.17 | $680.47 |
| 12 | $52.69 | $56.20 | $71.90 | $104.11 | $142.81 | $245.93 | $361.96 | $684.27 |
| 13 | $56.48 | $60.00 | $75.69 | $107.91 | $146.61 | $249.73 | $365.76 | $688.07 |
| 14 | $60.29 | $63.80 | $79.49 | $111.71 | $150.41 | $253.53 | $369.56 | $691.87 |
| 15 | $64.08 | $67.60 | $83.28 | $115.50 | $154.21 | $257.33 | $373.35 | $695.67 |
| 16 | $67.88 | $71.40 | $87.08 | $119.30 | $158.00 | $261.13 | $377.15 | $699.46 |
| 17 or more | Bill at applicable rate for 16 ccf plus $4.84 over ccf over 16 | |||||||
IRRIGATION BIMONTHLY WATER RATE TABLE
| Bimonthly Usage (ccf) | 5/8" Meter | 3/4" Meter | 1" Meter | 1 1/2" Meter | 2" Meter | 3" Meter | 4" Meter |
| 0 | $19.35 | $22.89 | $24.63 | $36.95 | $51.04 | $98.54 | $138.83 |
| 1 | $21.62 | $25.15 | $26.90 | $39.22 | $53.30 | $100.81 | $142.54 |
| 2 | $23.89 | $27.42 | $29.16 | $41.48 | $55.57 | $103.07 | $146.26 |
| 3 | $26.15 | $29.68 | $31.43 | $43.75 | $57.83 | $105.34 | $149.97 |
| 4 | $28.42 | $31.95 | $33.70 | $46.01 | $60.10 | $107.61 | $153.69 |
| 5 | $30.68 | $34.21 | $35.96 | $48.28 | $62.36 | $109.87 | $157.40 |
| 6 | $32.95 | $36.48 | $38.23 | $50.54 | $64.63 | $112.14 | $161.12 |
| 7 | $35.21 | $38.74 | $40.49 | $52.81 | $66.90 | $114.40 | $164.83 |
| 8 | $37.48 | $41.01 | $42.76 | $55.07 | $69.16 | $116.67 | $168.54 |
| 9 | $42.45 | $45.98 | $47.73 | $60.04 | $74.13 | $121.64 | $173.51 |
| 10 | $47.41 | $50.95 | $52.69 | $65.01 | $79.10 | $126.60 | $178.48 |
| 11 | $52.38 | $55.91 | $57.66 | $69.98 | $84.07 | $131.57 | $183.45 |
| 12 | $57.35 | $60.88 | $62.63 | $74.95 | $89.03 | $136.54 | $188.42 |
| 13 | $62.32 | $65.85 | $67.60 | $79.91 | $94.00 | $141.51 | $193.38 |
| 14 | $67.29 | $70.82 | $72.57 | $84.88 | $98.97 | $146.48 | $198.35 |
| 15 | $72.25 | $75.79 | $77.53 | $89.85 | $103.94 | $151.44 | $203.32 |
| 16 | $77.22 | $80.75 | $82.50 | $94.82 | $108.91 | $156.41 | $208.29 |
| 17 or more | Bill at applicable rate for 16 ccf plus $5.78 over ccf over 16 | ||||||
From and after April 15, 2005, the bimonthly water service charges for each class of property shall be as follows:
RESIDENTIAL BIMONTHLY WATER RATE TABLE
| Bimonthly Usage (ccf) | 5/8" Meter | 3/4" Meter | 1" Meter | 1 1/2" Meter | 2" Meter | 3" Meter | 4" Meter |
| 0 | $14.39 | $14.39 | $19.42 | $38.80 | $62.10 | $124.22 | $194.08 |
| 1 | $14.39 | $16.99 | $22.93 | $42.32 | $65.62 | $127.74 | $197.59 |
| 2 | $15.47 | $19.60 | $26.45 | $45.84 | $69.14 | $131.26 | $201.11 |
| 3 | $18.30 | $22.20 | $29.97 | $49.36 | $72.66 | $134.78 | $204.63 |
| 4 | $21.82 | $25.72 | $33.49 | $52.88 | $76.18 | $138.29 | $208.15 |
| 5 | $25.34 | $29.24 | $37.00 | $56.40 | $79.69 | $141.81 | $211.67 |
| 6 | $28.86 | $32.76 | $40.52 | $59.91 | $83.21 | $145.33 | $215.18 |
| 7 | $32.37 | $36.28 | $44.04 | $63.43 | $86.73 | $148.85 | $218.70 |
| 8 | $35.89 | $39.79 | $47.56 | $66.95 | $90.25 | $152.37 | $222.22 |
| 9 | $40.26 | $44.16 | $51.93 | $71.32 | $94.62 | $156.74 | $226.59 |
| 10 | $44.63 | $48.53 | $56.30 | $75.69 | $98.99 | $161.11 | $230.96 |
| 11 | $48.9969 | $52.90 | $60.66 | $80.06 | $103.36 | $165.48 | $235.33 |
| 12 | $53.37 | $57.27 | $65.03 | $84.43 | $107.72 | $169.85 | $239.70 |
| 13 | $57.74 | $61.64 | $69.40 | $88.80 | $112.10 | $174.21 | $244.07 |
| 14 | $62.10 | $66.01 | $73.77 | $93.17 | $116.46 | $178.59 | $248.44 |
| 15 | $66.47 | $70.38 | $78.14 | $97.54 | $120.83 | $182.95 | $252.81 |
| 16 | $70.84 | $74.75 | $82.51 | $101.91 | $125.20 | $187.32 | $257.18 |
| 17 or more | Bill at applicable rate for 16 ccf plus $5.56 over ccf over 16 | ||||||
COMMERCIAL BIMONTHLY WATER RATE TABLE
| Bimonthly Usage (ccf) | 5/8" Meter | 3/4" Meter | 1" Meter | 1 1/2" Meter | 2" Meter | 3" Meter | 4" Meter | 6" Meter |
| 0 | $22.26 | $26.32 | $37.07 | $74.13 | $118.62 | $237.20 | $370.64 | $741.30 |
| 1 | $24.87 | $28.92 | $40.59 | $77.64 | $122.13 | $240.72 | $374.16 | $744.82 |
| 2 | $27.48 | $31.53 | $44.11 | $81.16 | $125.65 | $244.24 | $377.68 | $748.34 |
| 3 | $30.09 | $34.13 | $47.62 | $84.68 | $129.17 | $247.76 | $381.20 | $751.85 |
| 4 | $32.69 | $36.74 | $51.14 | $88.20 | $132.69 | $251.28 | $384.72 | $755.37 |
| 5 | $35.30 | $39.34 | $54.66 | $91.72 | $136.20 | $254.79 | $388.23 | $758.89 |
| 6 | $37.90 | $41.95 | $58.18 | $95.23 | $139.72 | $258.31 | $391.75 | $762.41 |
| 7 | $40.51 | $44.56 | $61.69 | $98.75 | $143.24 | $261.83 | $395.27 | $765.93 |
| 8 | $43.11 | $47.16 | $65.21 | $102.27 | $146.76 | $265.35 | $398.79 | $769.44 |
| 9 | $47.48 | $51.53 | $69.58 | $106.64 | $151.13 | $269.72 | $403.16 | $773.81 |
| 10 | $51.85 | $55.90 | $73.95 | $111.01 | $155.50 | $274.08 | $407.53 | $778.18 |
| 11 | $56.22 | $60.27 | $78.32 | $115.38 | $159.87 | $278.45 | $411.90 | $782.55 |
| 12 | $60.59 | $64.63 | $82.69 | $119.75 | $164.24 | $282.82 | $416.27 | $786.92 |
| 13 | $64.96 | $69.00 | $87.06 | $124.11 | $168.60 | $287.18 | $420.63 | $791.28 |
| 14 | $69.33 | $73.37 | $91.43 | $128.48 | $172.97 | $291.55 | $425.00 | $795.66 |
| 15 | $73.70 | $77.74 | $95.80 | $132.85 | $177.34 | $295.92 | $429.37 | $800.03 |
| 16 | $78.07 | $82.11 | $100.17 | $137.22 | $181.71 | $300.29 | $433.74 | $804.40 |
| 17 or more | Bill at applicable rate for 16 ccf plus $5.56 over ccf over 16 | |||||||
IRRIGATION BIMONTHLY WATER RATE TABLE
| Bimonthly Usage (ccf) | 5/8" Meter | 3/4" Meter | 1" Meter | 1 1/2" Meter | 2" Meter | 3" Meter | 4" Meter |
| 0 | $22.26 | $26.32 | $28.33 | $42.49 | $58.69 | $113.33 | $159.65 |
| 1 | $24.86 | $28.92 | $30.93 | $45.10 | $61.30 | $115.93 | $163.92 |
| 2 | $27.47 | $31.53 | $33.54 | $47.70 | $63.90 | $118.54 | $168.20 |
| 3 | $30.07 | $34.13 | $36.14 | $50.31 | $66.51 | $121.14 | $172.47 |
| 4 | $32.68 | $36.74 | $38.75 | $52.91 | $69.11 | $123.75 | $176.74 |
| 5 | $35.28 | $39.34 | $41.35 | $55.52 | $71.72 | $126.35 | $181.01 |
| 6 | $37.89 | $41.95 | $43.96 | $58.12 | $74.32 | $128.96 | $185.28 |
| 7 | $40.49 | $44.56 | $46.57 | $60.73 | $76.93 | $131.56 | $189.55 |
| 8 | $43.10 | $47.16 | $49.17 | $63.33 | $79.54 | $134.17 | $193.83 |
| 9 | $48.81 | $52.87 | $54.88 | $69.05 | $85.25 | $139.88 | $199.54 |
| 10 | $54.53 | $58.59 | $60.60 | $74.76 | $90.96 | $145.59 | $205.25 |
| 11 | $60.24 | $64.30 | $66.31 | $80.47 | $96.67 | $151.31 | $210.97 |
| 12 | $65.95 | $70.01 | $72.02 | $86.19 | $102.39 | $157.02 | $216.68 |
| 13 | $71.67 | $75.73 | $77.74 | $91.90 | $108.10 | $162.73 | $222.39 |
| 14 | $77.38 | $81.44 | $83.45 | $97.61 | $113.81 | $168.45 | $228.10 |
| 15 | $83.09 | $87.15 | $89.16 | $103.33 | $119.53 | $174.16 | $233.82 |
| 16 | $88.81 | $92.87 | $94.88 | $109.04 | $125.24 | $179.87 | $239.53 |
| 17 or more | Bill at applicable rate for 16 ccf plus $6.64 over ccf over 16 | ||||||
From and after December 15, 2005, the bimonthly water service charges for each class of property shall be as follows:
RESIDENTIAL BIMONTHLY WATER RATE TABLE
| Bimonthly Usage (ccf) | 5/8" Meter | 3/4" Meter | 1" Meter | 1 1/2" Meter | 2" Meter | 3" Meter | 4" Meter |
| 0 | $15.83 | $15.83 | $21.36 | $42.68 | $68.31 | $136.64 | $213.48 |
| 1 | $15.83 | $18.69 | $25.23 | $46.55 | $72.18 | $140.51 | $217.35 |
| 2 | $17.02 | $21.56 | $29.10 | $50.42 | $76.05 | $144.38 | $221.22 |
| 3 | $20.13 | $24.43 | $32.96 | $54.30 | $79.92 | $148.25 | $225.09 |
| 4 | $24.00 | $28.29 | $36.83 | $58.17 | $83.79 | $152.12 | $228.96 |
| 5 | $27.87 | $32.16 | $40.70 | $62.04 | $87.66 | $155.99 | $232.83 |
| 6 | $31.74 | $36.03 | $44.57 | $65.91 | $91.53 | $159.86 | $236.70 |
| 7 | $35.61 | $39.90 | $48.44 | $69.78 | $95.40 | $163.73 | $240.57 |
| 8 | $39.48 | $43.77 | $52.31 | $73.64 | $99.27 | $167.60 | $244.44 |
| 9 | $44.29 | $48.58 | $57.12 | $78.45 | $104.08 | $172.41 | $249.25 |
| 10 | $49.09 | $53.39 | $61.93 | $83.26 | $108.88 | $177.22 | $254.06 |
| 11 | $53.90 | $58.19 | $66.73 | $88.07 | $113.69 | $182.02 | $258.86 |
| 12 | $58.71 | $63.00 | $71.54 | $92.88 | $118.50 | $186.83 | $263.67 |
| 13 | $63.51 | $67.81 | $76.35 | $97.68 | $123.30 | $191.64 | $268.48 |
| 14 | $68.32 | $72.61 | $81.15 | $102.49 | $128.11 | $196.44 | $273.29 |
| 15 | $73.13 | $77.42 | $85.96 | $107.30 | $132.92 | $201.25 | $278.09 |
| 16 | $77.94 | $82.23 | $90.77 | $112.10 | $137.72 | $206.06 | $282.90 |
| 17 or more | Bill at applicable rate for 16 ccf plus $6.11 over ccf over 16 | ||||||
COMMERCIAL BIMONTHLY WATER RATE TABLE
| Bimonthly Usage (ccf) | 5/8" Meter | 3/4" Meter | 1" Meter | 1 1/2" Meter | 2" Meter | 3" Meter | 4" Meter | 6" Meter |
| 0 | $24.48 | $28.95 | $40.78 | $81.54 | $130.48 | $260.92 | $407.71 | $815.43 |
| 1 | $27.36 | $31.82 | $44.65 | $85.41 | $134.35 | $264.79 | $411.58 | $819.30 |
| 2 | $30.23 | $34.68 | $48.52 | $89.28 | $138.22 | $268.66 | $415.45 | $823.17 |
| 3 | $33.09 | $37.55 | $52.39 | $93.15 | $142.09 | $272.53 | $419.32 | $827.04 |
| 4 | $35.96 | $40.41 | $56.26 | $97.02 | $145.96 | $276.40 | $423.19 | $830.91 |
| 5 | $38.83 | $43.28 | $60.12 | $100.89 | $149.82 | $280.27 | $427.06 | $834.78 |
| 6 | $41.69 | $46.14 | $63.99 | $104.76 | $153.69 | $284.14 | $430.93 | $838.65 |
| 7 | $44.56 | $49.01 | $67.86 | $108.63 | $157.56 | $288.01 | $434.80 | $842.52 |
| 8 | $47.42 | $51.88 | $71.73 | $112.50 | $161.43 | $291.88 | $438.67 | $846.39 |
| 9 | $52.23 | $56.68 | $76.54 | $117.30 | $166.24 | $296.69 | $443.47 | $851.19 |
| 10 | $57.04 | $61.49 | $81.35 | $122.11 | $171.05 | $301.49 | $448.28 | $856.00 |
| 11 | $61.84 | $66.30 | $86.15 | $126.91 | $175.85 | $306.30 | $453.09 | $860.81 |
| 12 | $66.65 | $71.10 | $90.96 | $131.72 | $180.66 | $311.11 | $457.89 | $865.61 |
| 13 | $71.46 | $75.91 | $95.77 | $136.53 | $185.47 | $315.91 | $462.70 | $870.42 |
| 14 | $76.26 | $80.72 | $100.57 | $141.33 | $190.28 | $320.72 | $467.50 | $875.23 |
| 15 | $81.07 | $85.52 | $105.38 | $146.14 | $195.09 | $325.53 | $472.31 | $880.04 |
| 16 | $85.88 | $90.33 | $110.19 | $150.95 | $199.89 | $330.33 | $477.12 | $884.85 |
| 17 or more | Bill at applicable rate for 16 ccf plus $6.11 over ccf over 16 | |||||||
IRRIGATION BIMONTHLY WATER RATE TABLE
| Bimonthly Usage (ccf) | 5/8" Meter | 3/4" Meter | 1" Meter | 1 1/2" Meter | 2" Meter | 3" Meter | 4" Meter |
| 0 | $24.48 | $28.95 | $31.16 | $46.74 | $64.56 | $124.66 | $175.62 |
| 1 | $27.35 | $31.82 | $34.03 | $49.61 | $67.43 | $127.52 | $180.32 |
| 2 | $30.22 | $34.68 | $36.89 | $52.47 | $70.29 | $130.39 | $185.02 |
| 3 | $33.08 | $37.55 | $39.76 | $55.34 | $73.16 | $133.26 | $189.71 |
| 4 | $35.95 | $40.41 | $42.62 | $58.20 | $76.03 | $136.12 | $194.41 |
| 5 | $38.81 | $43.28 | $45.49 | $61.07 | $78.89 | $138.99 | $199.11 |
| 6 | $41.68 | $46.14 | $48.36 | $63.94 | $81.76 | $141.85 | $203.81 |
| 7 | $44.54 | $49.01 | $51.22 | $66.80 | $84.62 | $144.72 | $208.51 |
| 8 | $47.41 | $51.88 | $54.09 | $69.67 | $87.49 | $147.58 | $213.21 |
| 9 | $53.69 | $58.16 | $60.37 | $75.95 | $93.77 | $153.87 | $219.49 |
| 10 | $59.98 | $64.45 | $66.66 | $82.24 | $100.06 | $160.15 | $225.78 |
| 11 | $66.26 | $70.73 | $72.94 | $88.52 | $106.34 | $166.44 | $232.06 |
| 12 | $72.55 | $77.01 | $79.23 | $94.81 | $112.63 | $172.72 | $238.35 |
| 13 | $78.83 | $83.30 | $85.51 | $101.09 | $118.91 | $179.01 | $244.63 |
| 14 | $85.12 | $89.58 | $91.79 | $107.38 | $125.20 | $185.29 | $250.92 |
| 15 | $91.40 | $95.87 | $98.08 | $113.66 | $131.48 | $191.58 | $257.20 |
| 16 | $97.69 | $102.15 | $104.36 | $119.94 | $137.76 | $197.86 | $263.48 |
| 17 or more | Bill at applicable rate for 16 ccf plus $7.30 over ccf over 16 | ||||||
C. Cost Increases. It is hereby declared to be the policy of the city council to adjust the foregoing water service charges to reflect future increases in the cost of living and the cost of water supplied to the city by San Francisco pursuant to the Water Service Agreement between the city and San Francisco. Consequently, the foregoing water service charges shall automatically be increased by the sum of the following:
1. The percentage increase, if any, in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, for urban wage earners and clerical workers, all items, for the San Francisco-Oakland Statistical Area ("CPI") published for the month nearest January 1st of each year as compared with the CPI published for the month nearest to January 1st of the immediately preceding year (the "CPI Increase"); and
2. The increase that may occur from time to time in the cost of water supplied to the city by San Francisco (the "SF Cost Increase");provided, however, that such water service charges may not be increased by more than twenty percent (20%) during any single calendar year without adoption of an ordinance amending the schedule of rates set forth in subsection B of this section. An automatic increase in the water service charges resulting from a CPI Increase shall be implemented as of the next billing period following the date on which the increase in the CPI is published; an automatic increase in the water service charges resulting from a SF Cost Increase shall be implemented as of the next billing period following the date on which the higher water cost is imposed. CPI Increases shall be applied only to the operating expenses of the water system exclusive of the cost of water charged by San Francisco.
D. Late Charges. The city finance director is authorized to establish late charges on water service accounts that are not paid when due and for this purpose the finance director may adopt rules and procedures pertaining to the imposition and collection of such late charges and the circumstances under which water service may be discontinued by reason of the delinquency in payment.
E. Low Income Rate Assistance. A low income rate assistance program (LIRA) is established for residential households who apply and qualify for a fifteen percent (15%) decrease in the monthly water service charges on the following basis:
1. Applicants shall complete a LIRA application form, approved by the finance director for that purpose. The application shall provide adequate documentation that the head of the household is a service user whose account is listed at the service address and is personally responsible for the payment of the utility service at the service address and participates in the Pacific Gas and Electric (PG&E) lifeline program.
2. For households that do not pay gas or electric at the service address, the finance director shall make an eligibility determination based upon the standards of PG&E lifeline program in effect as of the time the application is submitted.
F. Appeal of Water Service Charges.
1. The service customer shall be responsible to notify the city in the event the customer believes the water service charge has been incorrectly calculated or is not applicable to the premises for which it has been charged.
2. The city manager or a designee is empowered to provide relief if the water service charge has been incorrectly calculated or if evidence is provided showing that the actual water consumption during the billing period covered by the disputed charge is less than the volume used for calculation of such charge.
3. The service customer may appeal the city manager's decision to the city council by filing a notice of appeal with the city clerk within ten (10) days after the date on which the city manager's decision was rendered.
(Ord. 489 § 2, 2004: Ord. 476 § 2, 2002: Ord. 458 § 13, 2001: Ord. 91 § 2, 1966).
13.12.025 Ownership and maintenance of water meter and laterals.
The city shall own and maintain the water meter and the portion of the water pipe from the meter to the main water supply line. The property owner shall own the lateral pipe from the meter to the main connection providing water service to the property and shall be responsible for maintenance and repair of such lateral.
(Ord. 458 § 14, 2001).
13.12.030 Rates, charges and regulations-Copies on file.
A true and correct copy of the current rules and regulations, rates, and charges for water service shall be on file in the office of the city clerk, including any changes adopted by the council.
(Ord. 91 § 3, 1966).
13.12.040 Definitions applicability to Sections 13.2.050 through 13.12.150.
The following words or phrases wherever used in Sections 13.12.050 through 13.12.150 shall have the meanings respectively ascribed to them as follows:
A. "Backflow prevention device" means a device incorporating two (2) or more check valves and an automatically operating differential relief valve located between the valves, two (2) shutoff valves, and equipped with necessary test appurtenances, which, when properly constructed and installed, prevents cross-connections.
B. "City" means the city of Brisbane, a municipal corporation of the state.
C. "Cross-connection" means any physical connection or arrangement between two (2) otherwise separate piping systems, one (1) of which contains potable water and the other of which contains water of unknown, questionable, or nonpotable quality, whereby water may flow from one (1) system to the other, irrespective of the direction of flow between the systems.
D. "Health officer" means the health officer of the county, who is designated the health officer of the city for purposes of administering and enforcing Sections 13.12.050 through 13.12.150, or such other officer of the county performing the duties of the health officer, and his duly authorized deputies, employees, or representatives.
E. "Person" means any person, firm, association, organization, partnership, business trust, corporation or company.
(Ord. 226 § 1, 1977).
13.12.050 Cross-connections-Prohibited.
It is unlawful for any person to construct, install, use, keep, or maintain, or to permit, cause, or allow the construction, installation, use, or maintenance of a cross-connection.
(Ord. 226 § 7(a), 1977).
13.12.060 Cross-connections-Elimination by backflow prevention devices.
Every backflow prevention device installed for the purpose of eliminating a cross-connection shall be so installed subject to the approval of the health officer, and shall be installed in accordance with the requirements of the health officer. The approval required under this section shall be in addition to all applicable requirements of the city.
(Ord. 226 § 2, 1977).
13.12.070 Backflow prevention devices-Testing required-Records.
Backflow prevention devices which have been installed to meet the requirements of Title 17 of the California Administrative Code and of Sections 13.12.040 through 13.12.150 shall be tested by a person qualified to do so pursuant to the provisions of Section 13.12.080 at the time of installation of such device, and at least once each calendar year thereafter. A record of each such test
shall be submitted to the health officer within thirty (30) days after the test to which such record pertains, upon forms provided by the health officer.
(Ord. 226 § 3, 1977).
13.12.080 Backflow prevention devices-Qualification of testers.
No person shall test or shall make reports on backflow prevention devices as required in Title 17 of the California Administrative Code and Section 13.12.070 unless such person has received a certificate of competence issued by the health officer. The health officer may conduct examinations to determine the competency of any person desiring to test and make reports on backflow prevention devices described in Section 13.12.070. Those persons who have successfully completed such an examination, and who have been determined by the health officer to be competent to test and make reports on backflow prevention devices, shall receive from the health officer a certificate of competence.
(Ord. 226 § 4, 1977).
13.12.090 Backflow prevention devices-Requirements generally.
It is unlawful for any person to construct or install, or to cause to be constructed or installed, a backflow prevention device which does not meet pertinent requirements of Title 17 of the California Administrative Code and of Sections 13.12.040 through 13.12.150.
(Ord. 226 § 7(b), 1977).
13.12.100 Backflow prevention devices-Use or maintenance prohibited if not tested annually.
It is unlawful for any person to operate, use or maintain, or to permit, cause the use, operation, or maintenance of any backflow prevention device which is not tested at least once each calendar year.
(Ord. 226 § 7(c), 1977).
13.12.110 Backflow prevention devices-Use or maintenance prohibited if not in good repair.
It is unlawful for any person to use, operate, or maintain, or to permit or cause the use, operation, or maintenance of any backflow prevention device which is not in good repair.
(Ord. 226 § 7(d), 1977).
13.12.120 Backflow prevention devices-Maintenance.
All backflow prevention devices installed to meet the requirements of Title 17 of the California Administrative Code and of Sections 13.12.040 through 13.12.150 shall be maintained in good repair.
(Ord. 226 § 5, 1977).
13.12.130 Sale of pollution-causing chemicals or materials prohibited.
No person shall advertise, sell or offer for use or sale, any waste-treating chemical or substance, water-using or water-oriented equipment, mechanism
or contrivance, which when utilized may cause contamination or pollution of the domestic water supply, unless such operation has been equipped with an approved backflow prevention device.