Title 6 – SEWER | Mission Springs Water District

Chapter 6.01 – GENERAL PROVISIONS

Section 6.01.010 – Authority

Pursuant to Water Code Section 31100, the District has the authority to acquire, construct, and operate facilities for the collection, treatment, and disposal of sewage, waste, and storm water.

Chapter 6.02 – SEWER SERVICE RULES AND REGULATIONS

Section 6.02.010 – General Provisions

A. Short Title – This Ordinance shall be known as the “Mission Springs Water District Sewer Service Ordinance.”

B. Purpose – This Ordinance is intended to regulate the use and construction of public wastewater facilities, installation and connection of building sewers, and the discharge of wastes into the public wastewater systems, and to establish fees and service charges, and provide penalties for violation of its provisions.

C. Rules and Regulations – The following rules and regulations regarding sewer construction, disposal of sewage and drainage of buildings, and connection to the sewage works of the District are hereby adopted, and all work in this regard shall be performed as specified by this Ordinance. The Board may, from time to time, adopt Rules and Regulations with respect to implementation of this Ordinance, including but not limited to procedures for application, installation, notices, testing, and other related matters.

D. Annexation – Territory may be annexed to the District subject to such proceedings and conditions as may be imposed or permitted by applicable laws. Conditions to annexation may require payment of fees and transfer of facilities to the District.

E. Sale of By-Products – The District may sell or otherwise dispose of water, treated or reclaimed wastewater, or any other by-product of District operations to private individuals, corporations, or public entities upon terms approved by General Manager.

F. Fees – The Board shall, from time to time, by separate Ordinance and/or Resolution, prescribe and modify fees and charges for permits, construction, inspection, plan checking, sewer connection charges, sewer service charges, and other services as may be provided by the District. All annexations or new developments within the District shall pay all applicable fees as determined and prescribed by the District’s Rules and Regulations. The fees and charges, so prescribed and modified, are deemed incorporated into this Ordinance and the District’s Rules and Regulations.

(Ord. No. 2008-02, § 1, 12-15-2008; Ord. No. 2009-02, 7-20-2009)

Section 6.02.020 – Definitions

A. Definition of Terms – Unless specifically modified by this Ordinance, the meaning of terms used shall be defined in the latest edition of the Uniform Plumbing Code. If usage is inconsistent with the definitions contained herein or with the context of, or omitted from, the following definitions shall prevail.

B. Applicant – The person making application for such service as provided within this Ordinance must be the owner of the premises for which application is made or owner’s designated in writing.

C. Backwater Valve – A device installed in a drainage system to prevent reverse flow.

D. Biochemical Oxygen Demand (BOD) – As defined in the latest edition of Standard Methods.

E. Board – The Board of Directors of Mission Springs Water District, acting in its capacity as governing body of the District.

F. Building – Any structure used for human habitation, place of business, recreation, or other purpose of whatever nature.

G. Building Sewer – That portion of the sewer system extending from the building drain to the public sewer, including the sewer lateral and cleanout.

H. Contractor – An individual firm, corporation, partnership or association duly licensed by the State of California to perform the type of work to be done under a permit, contract, or agreement, with appropriate workers’ compensation insurance.

I. Cost – The cost of labor, material, transportation, supervision, engineering and all other necessary overhead expenses.

J. County – The County of Riverside, State of California.

K. Customer – The person or persons owning or controlling property or improvements to which the sewer facilities of the District are connected or available.

L. Dissolved Solids (DS) – As defined in the latest edition of Standard Methods.

M. District – Mission Springs Water District, a County Water District formed under provisions of Water Code 30000 et. seq. located in Riverside County, California.

N. District Engineer – A person or firm appointed by the Board to act as engineer for the District, who must be registered as a Civil Engineer by the State of California.

O. Domestic Sewage – Water-carried wastes produced from non-commercial or non-industrial activities derived from normal human living processes and of such character as permits satisfactory disposal, without special treatment.

P. Equivalent Dwelling Units (EDU) – The number of Equivalent Dwelling Units (EDUs) fixed and established for the various classifications of types and uses of property by the District’s Rules and Regulations.

Q. Fixture Unit Equivalents – The fixture unit equivalent prescribed by the Uniform Plumbing Code or provisions adopted by the Board.

R. Garbage – Solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

S. General Manager – The person employed or appointed by the Board to act as manager for the District.

T. Grease Interceptor or Separator – A device designed and installed so as to separate and retain deleterious, hazardous, or undesirable matter from normal wastes and permit normal sewage or liquid wastes to discharge into the disposal terminal in a manner approved by the District.

U. Industrial Wastewater – Any and all liquid or waterborne waste from industrial or commercial processes of whatever nature, except domestic sewage.

V. Inspector – An authorized District representative who performs inspection duties to determine compliance with the provisions of this Ordinance.

W. Interceptor Sewer – A sewer, which conveys sewage from a collection system to a treatment plant that does not have direct connection to laterals leading from private property.

X. Main Sewer – A public sewer designed to accommodate more than one lateral sewer.

Y. Milligram per Liter (mg/L) – One thousandth of a gram per liter of water.

Z. Multiple Dwelling – A building for residential purposes having facilities for the occupancy of more than one person or family, including, but not limited to, the following: hotels, motels, auto courts, trailer courts, mobile home parks, apartment houses, duplexes, rooming houses, boarding houses and dormitories.

AA. Notice to Connect – Official Notice to Connect from the District shall consist of first-class certified mail sent to the last known address of the property owner of record, describing the requirement to connect per this Ordinance and stipulating the time limits within which connection to the Sewer System must be completed. A standard 90-day Notice to Connect shall be issued. A 60-day extension may be requested subject to the requirements of this Ordinance. The District shall also establish a recorded notice on the property title such that before any change in ownership of the property, compliance with the provisions of this Ordinance and the Notice to Connect shall be required.

BB. Owner – The person or persons in whose name the legal title to property appears by deed recorded in the County Recorder’s office. Also, a person holding property pursuant to a permit issued by a government facility.

CC. Permit – Any written authorization required pursuant to this Ordinance or any other Rule or Regulation of the District.

DD. Person – One or more individuals, or a company or other legal entity, including the heirs, assigns, and successors in interest thereof.

EE. Private Sewage Disposal System – A sewage treatment and disposal facility located on a single parcel and intended to serve that parcel, and not connected to the Pubic Sewer. This shall include, but not be limited to, septic tanks, cesspools, leach fields, seepage pits, drain fields, or other such devices.

FF. Public Sewer – A sewer within a public right-of-way or easement owned or directly controlled by the District. It does not include any portion of a building sewer.

GG. Sand Interceptor or Separator – See Grease Interceptor.

HH. Sewage – Any liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

II. Sewer System – Integrated facilities for collecting, transporting, pumping, treating, and disposing of sewage, which are owned or directly controlled by the District.

JJ. Sewer – A pipe or conduit for carrying sewage.

KK. Sewer Lateral – That portion of a Building Sewer extending from the Public Sewer to the property line or easement line.

LL. Standard Methods – The current edition of “Standard Methods for the Examination of Water and Wastewater” as published by the American Water Works Association.

MM. Street – Any public highway, road, street, avenue, alley, public place, public easement, or right-of-way.

NN. Suspended Solids (S.S.) – As defined in the latest edition of Standard Methods.

OO. Uniform Plumbing Code – The latest edition of the Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, which has been adopted by the county as its Plumbing Code.

PP. User – The person or persons owning or controlling property or improvements to which the District’s sewer facilities are connected or available.

QQ. Wastewater Facilities – Any facility for the transportation, treatment, or disposal of sewage.

(Ord. No. 2008-02, § 2, 12-15-2008)

Section 6.02.030 – Use of Public Sewers

A. Sewer Connection Required – The Owner of each house, building or property within the District in which plumbing fixtures are installed, which abuts a street or easement in which there is located a Public Sewer, is required at the Owner’s expense to connect said house, building or property with said sewer, in accordance with the provision of this Ordinance and within the time specified in an official Notice to Connect. A sewer system is “available” if a sewer system, or building connected to a sewer system, is within 100 feet of the existing or proposed dwelling unit in accordance with State Water Code Section 31103. Pursuant to applicable law, the California Regional Water Quality Control Board, Colorado River Basin Region also requires the discharge of waste from new or existing individual disposal systems on parcels of less than one-half acre that overlie the Mission Creek Aquifer or the Desert Hot Springs Aquifer in Riverside County be prohibited, if a sewer system is available.

B. Application for Sewer Service

No person shall make a connection to any Public Sewer without first obtaining a written application for sewer service from the District and paying all fees in accordance with the requirements of the District’s Ordinances or Rules and Regulations.
Application for Sewer Service shall be made on a form furnished by the District. The application shall be accompanied or supplemented by such plans, specifications, and other pertinent information as the District may require.
The Applicant shall agree on the application to maintain the building sewer at no expense to the District. The Applicant agrees to indemnify and hold harmless the District, its officers, agents, and employees against any and all liability in connection with the work requested in the application to the extent permitted by law.
Applications pursuant to this Section are not subject to refund or credit in the event that a sewer opening permit (from a City or County land use agency) expires without completion of its entitlement.

C. Independent System – The sewage drainage system of each new building or new work installed in any existing building shall be separate and independent from that of any other building. When feasible, every building shall have an independent connection with the Public Sewer, unless part of a planned unit development, community apartment or mobile home park.

D. Existing Building Sewers

Existing Building Sewers may be used to connect new buildings to the Public Sewer when, after inspection and testing satisfactory to the District, they meet the then-current District specifications and construction methods.
If an existing Building Sewer is not to be used after demolition of the building, the Building Sewer must be disconnected from the Public Sewer at the property line and capped. Such disconnection and capping must be inspected and approved by the District.
Before a change in use of an existing Building Sewer, the District must determine if such change will cause a change in the volume, strength, or character of the wastes. If it is determined the change in use will cause a change in the volume, strength or character of the wastes, the District may require a new application for connection to the sewerage system with payment of applicable fees and charges.

E. Connection to the Public Sewer

Connection of a Building Sewer to the Public Sewer shall conform to the District’s Rules and Regulations, and shall be made only at a Sewer Lateral or at a “wye” or “tee” in the Public Sewer.
The District or District-approved contractor shall install a “wye” or “tee” in the Public Sewer if a Sewer Lateral is not available. The District may charge a fee for the installation of the “wye” or “tee.”
All costs and expenses incidental to the installation and connection of the Building Sewer shall be paid by the Owner.

F. Connection Fees and Permits – No sewer connection will be inspected by the District until all related fees are paid and the sewer opening permit has been issued by the City or County, whichever is the appropriate land use agency, as applicable for the sewer connection location. A sewer opening permit is authorized only to uncover and connect to the Sewer Lateral or to the “wye” or “tee” installed by the District. It is not authorized to uncover, disturb, or otherwise alter any portion of the Public Sewer.

G. Street Excavation Permit – A separate permit must be secured from the agency having jurisdiction over any public street or right-of-way in which an Owner or Contractor intends to make an alteration or excavation in carrying out any work authorized or required by the District.

H. Protection of Excavation – All excavations for a sewer installation shall be adequately guarded with barricades or lights to protect the public from hazard. Streets, sidewalks, parkways, and other property disturbed in the course of the work shall be restored in a manner satisfactory to the District and any other person having jurisdiction thereover at the sole expense of the Owner or a duly authorized agent.

I. Backwater Valve Required – The District may require the installation of an approved backwater valve as specified in the Uniform Plumbing Code or as deemed necessary by the District to protect the Owner’s property.

J. Cleanouts – Cleanouts in Building Sewers shall be provided where the Building Sewer joins the building outlet in accordance with the Ordinances or the District’s Rules and Regulations. All cleanouts shall be maintained watertight.

K. Gravity Flow Not Possible – In all buildings in which a building drain is too low to permit gravity flow to the Public Sewer, sewage carried by such building drain shall be discharged to the Public Sewer only by means approved by the District at the Owner’s expense.

L. Building Sewer Maintenance – The User shall bear the burden and all expenses related to maintenance and repair or replacement of the Building Sewer, including any backwater valve or other appurtenance installed in compliance with this Ordinance or the Rules and Regulations of the District.

M. Inspection – No sewer lateral shall be connected to the Public Sewer until the work covered by the sewer opening permit is completed, inspected and approved by an Inspector acting for the District to ensure compliance with all requirements of the District. If work proves satisfactory, the Inspector shall sign the Sewer Opening Permit. Any work not inspected is subject to rejection and removal. All piping and connections must be visible and uncovered to allow inspection. Inspections will only be made during regular working hours. Inspection hours are 7:00am to 3:30pm, Monday through Friday. Overtime (O.T.), requiring inspection will not be allowed on a routine basis. Request to work on weekends and holidays must be received at the District’s office within three (3) working days’ advance notice. Approval from authorized District staff must be obtained prior to any O.T. work. The total cost of overtime inspection is at Owner’s expense.

N. Notification – The applicant for the connection of a Building Sewer to the Public Sewer shall notify the District twenty-four (24) hours in advance, Saturdays, Sundays, and Holidays excluded, when the Building Sewer is ready for inspection.

O. Condemned Work – When any work has been inspected and is not in compliance, the work shall be considered condemned, and written notice to that effect shall be given, instructing the Owner or the Owner’s agent to repair the sewer or other work authorized by the sewer opening permit in accordance with District Ordinances or Rules and Regulations.

(Ord. No. 2008-02, § 3, 12-15-2008; Ord. No. 2009-02, 7-20-2009)

Section 6.02.040 – Public Sewer Connection

A. Feasibility of Service – An applicant wishing to determine if sewer service is available and feasible for a subdivision or other project within the District shall furnish to the District tentative maps showing lot sizes, street layout, elevations, proposed points of connection to the District’s sewers, proposed pump stations and flow data based upon the design criteria of the District. Upon receipt of an appropriate fee prescribed by the District, the District Engineer and General Manager will review the information and inform the applicant by letter if sewer service is available and feasible and under what conditions, such as, but not limited to, over sizing, buy-in costs, or modification of the District’s facilities.

B. Approval to Extend the Public Sewer

No person shall construct or extend a Public Sewer without first obtaining written approval for the plans from the District and paying all related fees. This provision does not apply to the construction of sewers and appurtenances under contracts entered into with the District and on its account.
Design and construction of a Public Sewer system or any portion shall be in accordance with the District’s Developer/Contractor Handbook and Guidelines. Whenever the standards for sewer construction of any public entity do not meet the minimum District standards, the District standards shall prevail.

C. Indemnification of the District – As a condition of approval for the applicant to extend the Public Sewer, the applicant shall agree to indemnify and hold the District and its officers, agents, independent contractors, consultants, and employees harmless from any liability imposed by law upon the District or its officers, agents, independent contractors, consultants, or employees, including all costs, expenses, attorney’s fees, and interest incurred in defending same, or in seeking to enforce this provision. Applicants shall be solely liable for any defects in performance of their work, or any related failure or damage, which may develop. The District and its officers, agents, independent contractors, consultants, and employees shall not be liable for injury or death to any person, or damage to any property arising during, or growing out of the performance of any work or construction by any applicant, contractor, or Owner.

D. Plans and Specifications – The applicant, applicant’s engineer, or other persons proposing the construction of a Public Sewer within the District, will prepare and submit plans and specifications for construction of said Sewer, in accordance with the District's Developer/Contractor Handbook and Guidelines. This submittal will not relieve the applicant or other persons constructing the Public Sewer facilities from compliance with all other requirements imposed by Federal, State, County, or Local agencies.

E. Plan Check – The District Engineer will review the sewer plans and specifications for compliance with the District’s requirements. The District will approve such plans provided the following conditions have been met:

The plans comply with District’s Developer/Contractor Handbook and Guidelines and are in conformance with the Sewer Master Plan for the area.
Sufficient capacity exists in the District’s Sewer System to accommodate sewage from the proposed project.
The applicant has paid the appropriate plan check fee prescribed by the District.

F. Construction – The applicant will construct wastewater facilities in accordance with the approved plans and specifications and construction methods as set forth in District’s Developer/Contractor Handbook and Guidelines. After approval of construction plans and specifications, a five (5) working day advance notice to the District is required prior to the start of construction. All construction shall be performed by an approved Contractor.

G. Bonding of Improvements – Bonding and security deposits are required for any Public Sewer construction as specified in the District’s Subdivision Procedures.

H. Inspection – All construction work shall be inspected by an Inspector acting for the District to ensure compliance with all requirements of the District. No construction shall be covered at any point until it is inspected and accepted by the District Inspector. Inspection costs shall be prepaid to the District by the applicant in the form of inspection fees, the amount of which shall be prescribed by the Board from time to time by Resolution. Inspections will only be made during regular working hours. Inspection hours are 7:00am to 3:30pm, Monday through Friday. Overtime (O.T.), requiring inspection will not be allowed on a routine basis. Request work on weekends and holidays must be received at the District’s office with three (3) working days’ advance notice. Approval from authorized District staff must be obtained prior to any O.T. work. The total cost of overtime inspection is at Owner’s expense.

I. Prior Extension Contribution – When an Owner makes an application for sewer service to a lot, parcel, tract, or subdivision to which Public Sewers are already available, he shall pay to the District the proportionate share of the cost of said Public Sewer, to the extent that such payment has not already been made. The proportionate share shall be computed by the District from the actual cost to the District or other person making the original Public Sewer extension on the basis of front footage benefit accruing to the newly served property, prior assessments, acreage or other basis, including interest and legal fees paid.

J. Cost of Oversized Mains – The applicant shall bear the cost of any over sizing of the main sewer lines for applicant’s property, which may be deemed necessary by the District to serve present and/or future developments to the property.

K. Refunds – Developer/Applicant may request and apply for a Refund Agreement from the District. If the District determines a Refund Agreement is appropriate, Developer/Applicant shall provide satisfactory to the District all requested necessary documentation and information prior to the District preparing the Refund Agreement. When Public Sewer extensions are made and paid for by an applicant and such sewer extension may be of benefit to another person in the future, said applicant shall provide for refund payment from Public Sewer connection charges collected by the District from the new developer or applicant. Developer/Applicant shall be entitled to receive a refund of eighty percent (80%) of the front footage charges levied and collected by the District as a condition of any abutting parcels connecting to or receiving service from said Improvements. The District shall retain twenty percent (20%) of all front footage charges levied and collected as a condition of any abutting parcel connecting to or receiving service from said improvements in order to reimburse the District for all overhead and administrative expenses. All refund agreements shall become null and void ten (10) years from m the date first written.

L. Public Sewer Extensions – Public Sewer extensions to serve one or more parcels of land shall be made by and at the expense of the Owner or Owners of said land. The applicant or applicants shall follow the same procedures for Public Sewer Extensions as provided in this Section 6.02.040.

M. Easements – In the event that an easement is required for the extension of the Public Sewer or the making of connections, the applicant shall procure and have accepted by the Board, a property easement or grant right-of-way sufficient in law to allow the laying and maintenance of such extension or connection. All District sewer easements shall be at least twenty (20) feet in width unless otherwise approved by the District.

N. Acceptance of Facilities – Before the District will accept sewers and/or appurtenances into its maintained Sewer System, the applicant shall provide to the District, at the applicant’s expense, the following documents:

Recorded Notice of Completion and evidence that the sewer work has been paid for and completed.
Plans as set forth in the District’s Subdivision Procedures.
Original recorded easement documents for Public Sewers not in public property, public right-of-way, or not dedicated to appropriate public use by a recorded subdivision or tract map.
Original Grant Deed transferring to the District title to those facilities, which are to become part of the Public Sewer.
Applicant’s Engineer’s signature on the “as-builts” certifying that facilities were installed according to the plans and specifications.
Two operation and maintenance manuals for each pump station and/or unit of mechanical equipment.

(Ord. No. 2008-02, § 4, 12-15-2008)

Section 6.02.050 – Use of Sewers

A. General – Use of the District’s Sewer System shall be a privilege subject to the District’s Rules and Regulations, which may be revoked for non-compliance with this Ordinance or the Rules and Regulations. No right, title or interest to continue to use the Sewer System shall exist or accrue by reason of existing discharge, permit or authorization of the District.

B. Types of Waste Prohibited – No person shall discharge or cause to be discharged any of the following described liquids or other wastes to any Public Sewer or any opening leading to a Public Sewer if it appears likely in the opinion of the General Manager that such wastes may harm either the sewers, sewage treatment process or equipment, or can endanger persons or property, create a public nuisance, or cause a deleterious effect upon the receiving waters. In forming the opinion, consideration will be given to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers to which they discharge, sewer material, treatment process, treatment plant capacity and other pertinent factors. The substances so subject to prohibition include, but are not limited to:

Flammable or Explosive Substances – Any gasoline, benzene, naphtha, fuel oil, or other flammable, or explosive liquid, solid or gas which can produce a toxic or flammable atmosphere in the sewer.
Toxic or Poisonous Substances – Any toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with any other wastes, to insure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard to the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/L as cyanide in the wastes as discharged to the Public Sewer.
pH Range and Corrosive Properties – Any liquid or other wastes having a pH lower than 6.0 or higher than 9.0 or having other corrosive properties capable of causing damage or hazard to person or property.
Solid or Viscous Substances – Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, including but not limited to such substances as ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, un-ground garbage, whole blood, paunch, manure, hair and fleshing, entrails, paper dishes, cups, milk containers, or other material, either whole or ground, by garbage grinders.
High Temperature Waste – Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees F (65 degrees C) at the Building Sewer.
Fats, Waxes, Grease, or Oils – Any liquid or other waste containing fats, wax, grease, or oils, or motor oil and grease, in excess of one hundred (100) mg/L, whether emulsified or not; or containing substances which may solidify or become viscous at temperatures between thirty-two (32) degrees F (0 degrees C) and one hundred fifty (150) degrees F (65 degrees C).
Heavy Metals or Excessive Chlorine Demand – Any liquid or other waste containing iron, chromium, copper, zinc, and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement to such a degree that nay such material received in the composite sewage at the sewage treatment works exceed the limits established by local, state, or federal agencies for such materials.
Phenols, Odor, or Taste Producing Substances – Any liquid or other waste containing phenols or antifreeze glycols or other taste or odor-producing substances in concentrations exceeding limits which may be established by the District to meet applicable requirements of the local, state, or federal agencies.
Suspended or Dissolved Solids – Materials which exist or cause unusual concentrations of Suspended Solids or Dissolved Solids, which interfere with the treatment plant process or cause violation of applicable waste discharge requirements issued by the California Regional Water Quality Control Board.
Surface Runoff or Air Conditioner Drainage – Surface runoff, rainwater, storm water, groundwater, street drainage, subsurface drainage, roof runoff, yard drainage, unpolluted industrial process water, drainage from air conditioners or evaporative cooler shall not be discharged directly or indirectly into a District sewage facility.
Radioactive Waste – Any radioactive material or isotope of such half-life or concentration limits as may exceed limits set by applicable state or federal regulations.
Untreatable Wastes – Liquid or other wastes containing substances which are not amendable to treatment or reduction by the sewage treatment processes employed, or are not sufficiently amendable to treatment to permit the sewage treatment plant effluent to meet the requirements of the California Regional Water Quality Control Board.
Water Softening Unit Wastes – Any waste discharge resulting from the charging, regeneration or operation of water softening equipment.
Damaging Substances – Any material or concentration of material, which will cause damage or abnormal maintenance or operation costs with respect to any part of the Sewer System.

C. Swimming Pools – It shall be unlawful for any person to discharge the contents of a swimming pool into the Public Sewers

D. Septic and Chemical Toilet Waste – No person shall discharge pumpings from chemical toilets, septic tanks, holding tanks, cesspools, leach pits or recreational vehicles to the Public Sewers or any opening leading to the Public Sewers.

(Ord. No. 2008-02, § 5, 12-15-2008)

Section 6.02.060 – Industrial Discharges

A. Objective – The purpose of this section is to control the wastewater discharged into the public sewer from nonresidential users, which could contribute to causing the effluent discharge from the sewage treatment facility to violate any discharge requirement set by the United States Environmental Protective Agency (EPA) and California Regional Water Quality Control Board (RWQCB) as well as to protect public health, District personnel, and District facilities.

B. Authority – The District’s Ordinance, Rules and Regulations may be amended from time to time in order to comply with updates to regulations set by the United States EPA or California RWQCB. The District’s General Manager’s powers include but not limited to:

Issue industrial wastewater discharge authorization.
Issue industrial wastewater discharge permit.
Require the installation and maintenance of pretreatment and/or monitoring facilities and equipment.
Require monitoring and reporting of discharge to the public sewer system.
Monitor the quality of wastewater that enters the sewer system.
Require the preparation of a spill containment plan and reporting of accidental discharge.
Require the preparation of a slug control plan.
Reject industrial wastewater discharge.
Require control over the quantities or rate of industrial discharge to the public sewer system.
Require payment to cover the added cost of handling and treating the industrial water/waste not covered by existing taxes or charges under the provisions of these regulations.

C. Industrial Wastewater – Industrial Waste – Industrial Waste is defined as all wastewater from any manufacturing, processing, institutional, commercial, or agricultural operation, or any operation where the wastewater discharged includes significant quantities of waste of non-human origins. Any person desiring to discharge industrial wastewater into the Public Sewer or upon request of the District any person shall be required to submit an application to the General Manager presenting information as to the characteristics and amount of industrial wastewater to be discharged. No industrial wastewater shall be discharged into the Public Sewer, which will contribute to causing the effluent discharged from the sewage treatment facilities to violate any discharge requirement set by the California RWQCB.

D. Prohibited Industrial Discharges – No industrial waste shall be discharged to the Public Sewer which exceeds the District’s wastewater influent standards (refer to Section 6.02.050 - Use of Sewers) or exceeds the following chemical, physical and/or bacteriological concentrations:

Constituent	Not to Exceed Limit
Methylene Blue Active Substance (MBAS)	1.0 mg/L
Ammonia Nitrogen	45 mg/L
Total Kjeldahl Nitrogen (TKN)	60 mg/L
Dissolved Sulfides	0.1 mg/L
Five (5) day Biochemical Oxygen Demand (BOD)	250 mg/L
Total Dissolved Solids (TDS)	665 mg/L
Sulphate-Ion	50 mg/L (See Note 1)
Sodium-Ion	100 mg/L (See Note 2)
Fluoride-Ion	0.7 mg/L (See Note 3)
Chloride-Ion	70 mg/L (See Note 4)
The discharge of water of natural geothermal origin is expressly prohibited

Note 1: The not to exceed limit for Sulphate shall be 50 mg/L plus the yearly average of Sulphate Ion in the water supply.
Note 2: The not to exceed limit for Sodium shall be 100 mg/L plus the yearly average of Sodium in the water supply.
Note 3: The not to exceed limit for Floride-Ion shall be 0.7 mg/L plus the yearly average of the Floride-Ion in the water supply.
Note 4: The not to exceed limit for Chloride-Ion shall be 70 mg/L plus the yearly average of Chloride-Ion in the water supply.

E. Application for Industrial Discharge Permit – Any person desiring to discharge industrial waste into the Public Sewer, or as requested by the District, shall submit a complete permit application to the General Manager for review. The General Manager may issue an industrial discharge permit for connection to the Public Sewer System and may set requirements on the quantity and quality of any discharge. All industrial waste permit applications shall include but not limited to the following information:

Name, address, and contact information for the business owners and managers who will be onsite during business hours.
Description of the facility type, activities, operation, and services to be provided.
Description of equipment type used on site.
Facility Size.
Type and amount of raw materials/chemicals used, stored, and/or processed on site. This should include a description of how materials/chemicals are stored.
Wastewater flow rate and time/duration of discharge.
Constituents of wastewater discharge
Site plans, floor plans, mechanical and plumbing plans to show all sewers, floor drains and appurtenances by size, location, elevations, and points of discharge.
Proposed pretreatment and monitoring facilities and procedures to be used.
Any other information deemed necessary by the General Manager to evaluate the wastewater discharge application.

F. Industrial Waste Discharge Permit – Permits shall be issued for a period not to exceed five (5) years and are non-transferable. Approximately three (3) months prior to the expiration of the Industrial Wastewater Discharge Permit period, the District will give notice to the Permit holder of the need for renewal. Renewal of the Industrial Waste Discharge Permit requires the applicant to submit a new application to the District with the information provided in section 6.05 of these Ordinance for review and approval. The Industrial Waste Discharge Permit shall be kept onsite and made available to District employees or representatives to view upon request.

Industrial Waste Discharge permits are not transferable between new owners or users. Upon change of ownership and/or user of facility and/or uses within the facility, a new Industrial Waste Discharge Permit application shall be submitted to the District within ten (10) working days of the effective change. If the owner/user fails to submit a new application within the time stipulated, the Industrial Waste Discharge Permit will be voided, and the discharger shall receive a notice of violation.

G. Industrial Waste Discharge Permit Amendments – The General Manager reserves the right to modify an industrial waste discharge permit for good cause including but not limited to:

To incorporate new, revised or updated federal, state, or local pretreatment standards or requirements.
To address significant alterations or additions to the discharger’s operation processes, or wastewater volumes or characteristics since the time of permit issuance.
Information indicating that the permitted discharge poses a threat to the District’s sewer system, District’s personnel or the receiving waters.
Violation of any terms or conditions of the permit.
Misrepresentation or failure to fully disclose all relevant facts in the submitted Industrial Waste Discharge permit application or in any of the required reporting.
To reflect the transfer of ownership or operation of the facility.

A permit revision is required when the wastewater discharge deviates from the approved quantity or quality indicated in the current permit by more than 25 percent. The permit revision submittal should include a new permit application and a detailed description explaining the reason for the change in wastewater characteristics between the existing discharge and the indicated discharge in the original approved permit. If significant changes in wastewater-generating processes have been made since the original permit approval, the Owner/User will be required to submit updated plans and information.

H. Conditions of the Industrial Waste Discharge Permit – By applying for an industrial waste discharge permit, the applicant agrees to abide by all rule, regulations, ordinances and policies of the District concerning and pertaining to the industrial discharge permit. Any violations of the District’s rule, regulations, ordinances and policies can subject the Industrial Waste Discharge Permit to immediate revocation as determined by the District.

The General Manager may include some or all of the following as conditions in any Industrial Waste Discharge Permit:

Pretreatment of Industrial Waste – The General Manager may require the Owner/User, at his own expense, for the pretreatment and handling of the industrial waste to an acceptable condition prior to discharge to the Public Sewer. Any plans, specifications, or other applicable information related to the design, operation and construction of preliminary treatment or handling devices shall be submitted to the General Manager for review and approval at the time of permit application. No Construction of any such devises shall commence without approval from the General Manager. Pretreatment of industrial waste shall be in accordance with the United States EPA and/or California RWQCB pretreatment standards.
Limit Quantities and Rates – The permit may require that the Owner/User exercise specific control over the quantities and rates of discharge. If necessary, the Owner/User shall install an approved flume and automatic recording device for the purpose of measuring flow and flow rates.
Spill Control Plan – The Owner/User may be required to develop and implement a spill Control plan to adequately manage and prevent accidental/unanticipated discharges to the Public Sewer.
Waste Minimization Plan – The Owner/User may be required to develop and implement a Waste Minimization Plan to reduce the amount of pollutants discharged to the Public Sewer system.
Grease and Sand Interceptors and Separators – The Owner/User may be required to install, maintain, and use Grease and/or Sand Interceptors and Separators as specified in the current edition of the Uniform Plumbing Code, or as modified and superseded by District Ordinances or Rules and Regulations (see Article VII Grease/Sand Interceptors).
Costs for Additional Treatment – If in the opinion of the General Manager the Industrial Waste will require additional handling and treatment by the District, the Industrial Waste Permit shall include a special agreement or arrangement between the District and the Permit Holders whereby industrial waste may be accepted by the District for treatment, subject to payment of the added cost for this handling and treatment as established by the Board.
Control Manholes – When required by the General Manager or District Engineer, the Owner of any property served by the Building Sewer carrying industrial wastes shall install a suitable Control Manhole in the Building Sewer to facilitate observation, sampling and measurement of waste. Such manhole shall be installed by the owner at his expense, and shall be maintained to be safe and accessible at all times.

I. Maintenance Requirements – All pre-treatment system, flow measuring equipment, flow equalization device, grease or sand interceptor or separator, or other equipment or device required by the Industrial Waste Permit shall be continuously maintained in satisfactory and effective operation at the Owner’s expense, as approved by the District’s inspector.

J. Access – The District shall be permitted to enter all properties covered by an Industrial Waste Discharge permit for the purposes of inspection, observing, measuring, sampling, and testing of the wastewater discharged to the public sewer to determine if standards set by this Ordinance or by the permit are being met. The Owner/User shall allow the District access to all control manholes, sampling locations, pretreatment systems or other equipment or device required by the Industrial Waste Permit at all times and shall not be restricted, impeded or prevented by the Owner/User. The Owner/User shall not store, stack, place any material on or around the manhole and/or sampling location to prevent or obscure the District’s access. Any temporary or permanent obstruction to safe and easy access to the facilities to be inspected by the District shall be promptly removed by the Owner/User at written or verbal request of the District and shall be at the sole cost of the Owner/User.

K. Inspection Requirements – Physical inspections shall be coordinated with the District to allow for the Districts representative to be present during inspection, sampling and testing. The permit holder shall contact the District’s Wastewater Department to schedule and arrange for a District representative to be present maintenance and/or sampling/testing. Inspections will only be made during regular working hours. Inspection hours are 7:00 a.m. to 3:30 p.m., Monday - Friday. Overtime (O.T.), requiring inspection will not be allowed on a routine basis. Request to work on weekends and holidays must be received at the District's office with three (3) working days’ advance notice. Approval from authorized District staff must be obtained prior to any O.T. work. The total cost of overtime inspection shall be at Permit Holders expense.

L. Measurements, Sampling, and Tests – All measurements, tests, and analyses of the characteristics of water and wastes to which reference is made in this Ordinance shall be determined in accordance with the EPA Standard, 40 CFR Part 136, and latest edition of “Standard Methods for the Examination of Water and Wastewater” published by the American Public Health Association, and shall be determined at said Control Manhole and shall be at the Owner’s expense. In the event that no Control Manhole has been required, the Control Manhole shall be considered to be the nearest downstream manhole in the Public Sewer to the point at which the Building Sewer is connected. Samples shall have a documented chain of custody and shall be performed at an appropriately licensed laboratory. A copy of the sample analysis from the laboratory shall be sent directly to the District as soon as it becomes available. All costs for inspections, pumping, sampling, analysis, or other maintenance shall be the responsibility of the property owner jointly with the user.

M. Reporting Requirements – An annual report shall be completed by all permit holders and submitted to the district no later than January 15th of each year. Annual reporting shall consist of supporting documentation of all pretreatment equipment and/or processes used, maintenance performed, including pumping, haul off, physical inspection, repairs, sample analyses of characteristics of waste, flow measurements, and any other information required by the District or specified on the Permit.

N. Best Management Practices (BMPs) – The Owner/Applicant is to develop and incorporate best management practices (BMPs) for their facility to minimize the required maintenance to pretreatment or other facilities required by the Permit as well as protect the District’s waste treatment facilities, water quality, and sewage sludge. Some examples of BMPs are as follows:

All chemicals must be stored in a manner, method and location that ensure that there is no threat of discharge to the public sewer.
Ensure employees do not pour chemicals down sinks, toilets, or floor drains.
Hire a certified waste hauler to properly dispose of spent waste.
Properly label chemicals.
Develop a spill procedure and ensure employees are properly trained.
Develop a pest management plan to manage/limit pesticides used.
Limit irrigation run off.

O. Charges/Fees - The District, by Ordinance and under the authority of the District Rules, Regulations and Ordinances as may be amended from time to time, will establish fees and charges required for implementation of the District’s Sewer Ordinance and specifically addressing this Section. Payment of all required fees must be received prior to any initial application, issuance, renewal or modification of an Industrial Waste Discharge Permit.

P. Enforcement - Noncompliance – Failure to comply with requirements set by the Districts Rules, Regulations and Ordinance or conditions of the Industrial Wastewater Discharge permit that result in a noncompliance ruling by the District shall constitute a violation of this Section. A notice of violation shall be issued to the property owner jointly with user of the facilities.

Notice of Violation – A notice of violation shall set forth the nature of the violation, the requirements for achieving compliance, and a time frame in which compliance must be achieved shall be set by the District based on the nature of the violation.
Issuance of Cease-and-Desist Orders – Failure to comply with a notice of violation within the time required may result in the issuance of a cease-and desist order directing the property owner jointly with user to comply within the time schedule set forth by the District or to cease operations effective immediately. A fine of at least $1,000 per violation per day will be imposed by the District and shall be attached to any cease and desist order. Violations resulting in issuance of a cease-and-desist order shall be remanded to the Board for consideration of civil liabilities in an amount at least $1,000/day in which the property owner jointly with user is in violation and civil or criminal penalties of at least $1,000/day per violation and subject to Article XI (Section 6.02.110) and the District’s Rules, Regulations and Ordinances, as may be amended from time to time.
Termination of Service – As provided for in Article XI: Enforcement (Section 6.02.110), and the District’s Rules, Regulations and Ordinances as may be amended from time to time, failure to comply with a cease and desist order may result in a hearing and District staff’s recommendation to revoke any Permit for said facility and/or a finding of termination of wastewater service, and/or water service to the violating facilities.
Administrative Fines – Any fees, charges or fines determined by the District to be delinquent may be assessed a monthly interest rate as determined by the District’s established fees, and any such late fees may be included in any lien of the real property until such time as the fees, charges and fines are paid.
Judicial Enforcement – The District reserves the right to pursue any and all appropriate criminal and civil actions available against those who intentionally or negligently violate the provisions of the Permit issued or required here under this Section or the District’s Sewer Service Rules, Regulations and Ordinances.

(Ord. No. 2024-01, 3-18-2024)

Section 6.02.070 – Grease/Sand/Lint Interceptors

A. Objective – Improper maintenance of grease, sand and lint interceptors can violate the District’s wastewater influent standards and cause significant harm to the District’s wastewater collection and treatment systems. The purpose of this Section is to minimize District costs incurred for the maintenance of sewer lines, lift stations, and treatment plants by reducing the amounts of fats, oils, grease (FOG), sand and lint being discharged to the sewer system.

B. Scope – Includes any public or private establishment discharging wastewater containing fats, oil, grease, sand or lint where pretreatment is deemed necessary by the District. This Section ensures that all interceptors are properly maintained to protect District facilities and uphold water quality objectives.

C. Authority – The District’s Ordinances, Rules, and Regulations as amended from time to time.

D. Qualified Facilities – When, in the judgment of the District, waste pretreatment is required, a property is deemed a Qualified Facility. The property owner/User shall install and maintain an approved grease, sand/oil, or lint interceptor in accordance with the 2022 California Plumbing Code (CPC) and all subsequent editions as applicable, at the property owner’s/user’s expense, subject to the District and local land use agency (City of Desert Hot Springs, City of Palm Springs or Riverside County) requirements.

Waste lines from sinks, drains, and other fixtures or equipment in facilities such as restaurants, cafés, lunch counters, cafeterias, bars, clubs, hotels, hospitals, sanitariums, factory and school kitchens, or any other establishment where grease may enter the sewer system in quantities that could cause blockages or interfere with treatment shall be connected to a grease interceptor.

Waste lines from car washes shall be connected to a sand/oil interceptor to protect the collection system.

Waste lines from laundry facilities shall be connected to a lint interceptor to prevent lint buildup and blockages.

E. Interceptor Requirement – An interceptor shall be required when the wastewater discharged from a building, facility, or operation is anticipated to contain, fats, oils, grease (FOG), sand, lint, or other harmful constituents in quantities or concentrations that may:

Exceed the District’s wastewater influent standards (see Section 6.02.050),
Causing or contribute to blockages, backups, or other deleterious effects on the District’s wastewater collection and treatment systems, or
Require additional maintenance or treatment beyond normal operating levels.

The requirement for an interceptor applies to both new and existing facilities. The determination will be made by the District, local land use agency (City of Desert Hot Springs, City of Palm Springs or Riverside County) or both. MSWD will consider minimum requirements contained in the 2022 edition of the CPC, and all subsequent editions as applicable when approving interceptors.

Exceptions - Interceptors are not required for buildings used solely for residential purposes, except where shared or common food preparation or laundry activities occur that, in the judgment of the District and/or local land use agency, create a discharge that rises to the level of requiring pretreatment.

Responsibilities

Both the property owner and facility user are jointly responsible for the installation, operation, and maintenance of the interceptor.
The District may require a property owner, jointly with the user, to install a new interceptor, resize an existing interceptor, or modify a sampling station at any time it is determined necessary to maintain compliance with District standards.
If a facility is found, after connection to the District’s collection system, to be discharging wastewater that requires pretreatment, the District may order the installation or modification of an interceptor within a specified compliance timeframe.

Permit Requirement

Upon notification that a facility requires an interceptor, the property owner jointly with the user must immediately apply for a Sewer Interceptor Waste Discharge Permit as a condition of continued or future service.
No facility may connect or remain connected to the District’s system without meeting the interceptor requirements of this Section.

Enforcement - Failure to install, modify, or maintain an interceptor as required by this Section shall constitute a violation of the District’s Ordinance. Such violations are subject to the enforcement provisions of Section 6.02.070(T), which may include Notices of Violation, Cease and Desist Orders, administrative fines, civil or criminal penalties, and/or termination of water and sewer service.

F. Application for Sewer Interceptor Waste Discharge Permit – All facilities are required to obtain a Sewer Interceptor Waste Discharge Permit (Interceptor Permit). This requirement applies whether an interceptor is required at the time of development, during remodeling, or upon later determination by the District that pretreatment is necessary.

The determination of whether a facility must install and maintain an interceptor will be made on a case-by-case basis by the District during plan review, upon application for water and sewer service, or at any time following connection to the system when the District identifies that pretreatment is necessary. MSWD will consider minimum requirements contained in the 2022 edition of the CPC, and all subsequent editions as applicable when approving interceptors.

Evaluation Criteria

Type of facility (e.g., restaurant, bakery, car wash, laundromat).
Volume and intensity of business operations (e.g., number of meals served, seating capacity, hours of operation, or number of laundry units).
Peak wastewater flows discharged to the collection system.
Size and configuration of facilities, including plumbing fixtures and equipment.
Types of food, products, or materials handled and the likelihood of producing fats, oils, grease, lint, sand, or other pollutants.
Existence of devices, procedures, or practices to minimize the pollutants before entering the collection system.
Overall potential for discharges containing fats, oils, grease, sand, or lint.

Application Requirements:

New Construction/Remodels

The property owner, jointly with the user, shall submit an application, design details, and operating procedures for any required interceptor prior to the issuance of construction permits by the applicable land use agency.
Plan check and application fees must be paid in full prior to District approval.
No facility may connect to the District’s system until the application is approved and the permit issued.

Existing Facilities

If the District or applicable land use agency determines that a facility discharges pollutants requiring pretreatment, the property owner jointly with the user shall submit an application within ten (10) working days of notice.
Installation or modification of the interceptor must be completed within one hundred eighty (180) calendar days of notice, unless an extension is granted. Requests for extension must be submitted at least ten (10) working days before the expiration of the compliance deadline.

Waivered Facilities

Facilities qualifying for a waiver pursuant to Section 6.02.070(Q) must still submit an application and will be issued a permit reflecting their waived status.
Waivered facilities are subject to annual inspection by the District but are not required to submit annual maintenance reports.

Application Contents - The application shall include, at a minimum:

Property owner’s information including address, phone number, and email address.
Facility and facility user’s information including facility user’s name, facility name, facility location, mailing address, phone number, and email address.
Facility operations description (hours of operation, seating capacity, nature of services).
Description of plumbing fixtures and wastewater sources connected to the interceptor.
Interceptor design, sizing calculations, and location.
Proposed maintenance and inspection procedures.
Name and contact information of proposed maintenance contractor (pumping/hauling company).
Acknowledgment of joint property owner/user responsibility.

Enforcement - Failure to submit a complete application within the required timeframe, or failure to install or modify an interceptor when required, constitutes a violation of this Section. Violations are subject to the enforcement provisions of Section 6.02.070(T), including Notices of Violation, Cease and Desist Orders, administrative fines of at least $1,000/day, and termination of water and/or sewer service.

G. Interceptor Permit – Upon approval of an application under Section 6.02.070(F), the District shall issue a Sewer Interceptor Waste Discharge Permit (Interceptor Permit). This permit authorizes the discharge of wastewater containing fats, oils, grease (FOG), sand, lint, or other covered constituents through an approved interceptor system.

Permit Term and Validity

Interceptor Permits shall be issued for a period not to exceed five (5) years.
Permits are non-transferable. A change in property ownership, facility user, or business operation shall require submission of a new application within ten (10) working days of the effective change.
Permits shall remain valid only so long as the facility remains in compliance with this Article and all related District rules, regulations, and ordinances.

Permit Conditions

The permit holder must comply with all District requirements regarding interceptor installation, maintenance, inspection, reporting, and sampling.
The permit holder must allow District representatives access to the facility during normal working hours for inspection, sampling, and review of records.
Interceptor Permits, hard copy or electronic copy, must be kept onsite and readily available for review by District personnel at all times.
Failure to meet permit conditions will result in enforcement actions as described in Section 6.02.070(T).

Waivered Facilities

Facilities determined by the District to qualify for a waiver shall still be issued an Interceptor Permit clearly noting their waived status.
Waivered facilities are subject to annual inspections by the District to confirm continued eligibility for waiver.
Waivered facilities are not required to submit Annual Maintenance Reports (see Section 6.02.070(K)), but must comply with inspection findings and corrective actions, if any.
If conditions change such that the facility no longer qualifies for waiver, the permit will be revoked and a new application will be required.

Permit Renewal

Approximately three (3) months prior to permit expiration, the District shall provide notice of the need to renew.
A renewal application must be submitted at least ten (10) working days before expiration.
Failure to renew prior to expiration will render the permit null and void, subjecting the facility to enforcement actions, including issuance of a Cease-and-Desist.

Joint Responsibility

Both the property owner and the facility user are jointly responsible for compliance with permit requirements.
If a facility user fails to pay any fines, fees, or penalties associated with the permit, the property owner shall be held financially responsible.

Enforcement - Failure to obtain, maintain, renew, or comply with the conditions of an Interceptor Permit constitutes a violation of this Section and may result in enforcement under Section 6.02.070(T). Such enforcement actions may include the issuance of a Notice of Violation, a Cease and Desist Order carrying fines of at least $1,000 per day, revocation of the Interceptor Permit, termination of water and/or sewer service, and the imposition of civil or criminal penalties.

H. Interceptor Permit Renewal – All Interceptor Permits are issued for a maximum term of five (5) years and must be renewed prior to expiration in order to maintain compliance with District requirements. Renewal of an Interceptor Permit shall require the submittal of a new Application for a Sewer Interceptor Waste Discharge Permit, including updated facility information, operational details, and documentation of maintenance activities performed during the current permit period.

The renewal application shall be submitted to the District at least ten (10) working days prior to the expiration date of the existing Interceptor Permit. Failure to submit a timely renewal application may result in the permit becoming null and void, leaving the facility without authorization to discharge and subjecting the property owner jointly with the user to enforcement under Section 6.02.070(T).

The District will review the renewal application in the same manner as an initial application, including evaluation of facility operations, maintenance history, inspection records, and compliance with all permit conditions. The District may require modifications to the existing interceptor, updates to maintenance schedules, or other corrective measures as a condition of renewal.

Approximately three (3) months prior to expiration, the District will provide written notice to the permit holder reminding them of the renewal requirement and deadline. However, the responsibility to submit a complete renewal application on time lies solely with the property owner jointly with the facility user.

Facilities that qualify for a waiver will also be required to renew their Interceptor Permit on the same five-year cycle. Waivered permits will continue to note the facility’s waiver status and remain subject to annual inspection requirements.

I. Conditional Use – By applying for an Interceptor Permit, the property owner, jointly with the facility user, agrees to comply with all District ordinances, rules, regulations, and policies governing the use and conditions of the Permit Compliance with the District’s Sewer Service Rules and Regulations Ordinance, as well as all related provisions as may be amended from time to time, is a condition of continued authorization to discharge. Any violation of these requirements may result in the immediate revocation of the Interceptor Permit at the discretion of the District, and may further subject the facility to enforcement actions, including the issuance of a Notice of Violation or a Cease-and-Desist Order.

J. Prohibited Materials – The introduction of chemicals or other materials designed to emulsify, suspend, or dissolve oils and grease into the sewer system is strictly prohibited. The use of microbiological agents intended to metabolize fats, oils, and grease is expressly prohibited unless the applicant conducts a complete onsite study using scientifically recognized methods to substantiate the product’s claims. The study must receive prior written approval by the District’s Wastewater and Engineering Departments. All costs associated with conducting the study, including the District’s evaluation and review, shall be the sole responsibility of the property owner and/or facility user. No elements of the study may be implemented without the District’s final approval.

The following additional prohibitions apply:

Food Grinders – New food establishments shall not install food grinders on any plumbing system that drains to the grease interceptor. Existing food establishments with food grinders connected to a grease interceptor must remove them within one hundred and eighty (180) calendar days of notice from the District, unless a Conditional Waiver allowing additional time is granted.
Waste Cooking Oil – Shall not be discharged into any drainage pipes. Proper disposal methods must be used.
High-Temperature Discharges - Dishwashers or any other onsite processes that discharge wastewater to a grease interceptor at a temperature of 150 degrees Fahrenheit (65 degrees C) or higher is prohibited.
Sanitary Facilities – Wastewater flows from toilets, urinals, washbasins or other sanitary facilities are prohibited from being connected and discharging through a grease interceptor.
Interceptor Residuals – Fats, oils, grease, and sand removed from an interceptor shall not be reintroduced into the sewer collection system under any circumstances.

K. Maintenance Requirements – All facilities equipped with an interceptor shall continuously maintain the system and ensure it is always kept in proper working condition. The responsibility of all costs for inspections, pumping, sampling, laboratory analysis, repairs, and any other required maintenance shall be the responsibility of the property owner jointly with the facility user. Interceptors shall be cleaned, inspected, and sampled as frequently as necessary to ensure that the liquid-holding capacity is not reduced by more than twenty-five percent (25%) and that effluent limits for fats, oils, grease, sand, and lint do not exceed one hundred milligrams per liter (100mg/L).

The District shall determine the initial minimum pumping, sampling, and inspection frequency for each Qualified Facility. A minimum of one (1) physical inspection shall occur within the first twelve (12) months following the initial permit date and annually thereafter. The District may adjust the inspection or pumping frequency at its discretion based on compliance history, operational changes, or subsequent evaluations. Facilities assigned an increased inspection schedule will have their required frequency expressly stated in the Permit.

L. Choosing a Maintenance Provider – All interceptor pumping, inspections, sample collection, and repairs shall be performed by a qualified professional grease, septic or interceptor maintenance company (contractor) licensed to perform such work. Property owners and users are responsible for selecting a maintenance provider; the District does not endorse or recommend any specific contractor. Maintenance companies may be located through local directories or online under categories such as “Septic” or “Septic Tank Cleaning Services.” All liquids, solids, and residual materials removed from interceptors must be disposed of in accordance with all applicable local, county, state, and federal regulations. All associated costs remain the sole responsibility of the property owner jointly with the user.

M. Inspections – All interceptor inspections and sample draws shall be coordinated with the District to allow for the District representative to be present. The Interceptor Permit holder must contact the District’s Wastewater Department to schedule these events. Inspections will only be conducted during the District’s regular business hours, 7:00 a.m. to 3:30 p.m., Monday through Friday. Routine overtime inspections are not permitted. Requests for inspections on weekends and holidays must be made with at least three (3) business days’ advance notice and may only proceed with written approval from authorized District staff. The full cost of any approved overtime inspection shall be borne by the Permit holder.

During each inspection, the facility’s maintenance contractor shall determine the available liquid capacity of the interceptor. If required by Interceptor Permit or the District’s representative, the contractor shall also collect an effluent sample during peak flow conditions for analysis. All sampling and analysis must be completed in accordance with the latest edition of Standard Methods for Examination of Water and Wastewater, and in compliance with EPA Standards, 40 CFR Part 136. A documented chain of custody is required; all analyses must be performed by a properly licensed laboratory. The laboratory must send results directly to the District upon completion.

If an inspection reveals that liquid capacity has been reduced by more than 25% or that effluent samples exceed 100 mg/L of emulsified oil or grease, immediate pumping is required. Documentation of the pumping and maintenance activities must be submitted to the District. No visible floating oil or grease may be present in the interceptor effluent; if observed, pumping is mandatory.

N. Best Management Practices (BMPs) – In addition to the maintenance requirements in the Section, the District strongly encourages all facilities to implement Best Management Practices (BMPs) to minimize discharges and reduce the need to interceptor maintenance. District staff are available to assist Interceptor Permit holders in communicating BMPs to facility employees through prearranged presentations, signage, placards and handouts. Facilities shall ensure that employees are trained in BMPs upon hire and that training is refreshed at least annually. Signed records of training attendance and acknowledgment must be maintained and made available to the District upon request.

Examples of recommended BMPs include: Dry-wiping pots, pans, dishware, and work areas before washing; disposing of food waste and solids in sealed plastic bags before placing them in trash bins; using absorbent products to clean fryer areas; disposing of cooking grease into appropriate receptacles without spillage; properly handling wastewater generated from exhaust filter cleaning; and posting BMP signage prominently in food preparation and dishwashing areas.

O. Reporting Requirements – All Interceptor Permit holders are required to submit a Sewer Interceptor Waste Discharge Annual Interceptor Maintenance Report (Annual Report) to the District no later than January 15^th of each calendar year. The report shall include a completed District reporting form along with documentation of all maintenance performed during the preceding year, including pumping, physical inspections, repairs, effluent sample analyses, and any District inspections required under the Interceptor Permit.

New facilities that receive an Interceptor Permit after January 1 are also subject to the reporting requirement. Because of the shortened initial reporting period for such facilities, those with fewer than twelve (12) months of operation by January 1 and only one required annual inspection or pumping event, it is important for permit holders to clearly note on the reporting form that their initial reporting period covered less than twelve (12) months and that no maintenance was required or performed, consistent with the conditions of their Interceptor Permit.

Waivered facilities are not required to submit annual maintenance reports but remain subject to annual District inspections.

Both new and existing Interceptor Permit holders must perform all required maintenance as specified in their permit and must submit the annual report with accurate documentation of compliance activities. Failure to do so will constitute noncompliance, subject to the enforcement provisions of Section 6.02.070(T).

P. Notifications –

Initial Application for Permit
1. Initial Notice - Mailed and hand delivered to Facility (10 calendar days to comply)
2. Past Due Notice - Mailed and hand delivered to facility user (15 calendar days to comply)
3. Notice of Violation / Delinquency Notice - Mailed (certified) and hand delivered to facility. Copy also sent to property owner via certified mail. (10 working days to comply)
4. Cease-and-Desist - Mailed (certified), and hand delivered to facility. Copy is also sent to property owner via certified mail. (7 calendar days to comply)
Application for Permit Renewal (5-year renewal)
1. Initial Notice – Emailed and mailed to facility user 70 days prior to Permit renewal fee due date (35 calendar days to comply)
2. Past Due Notice – Emailed and mailed to facility user 45 days prior to Permit renewal fee due date (15 calendar days to comply)
3. Notice of Violation / Delinquency Notice – Emailed, mailed (certified), and hand delivered to facility user 20 days prior to Permit renewal fee due date. Copy sent to property owner via email (if available) and certified mail. (10 working days to comply)
4. Cease-and-Desist - Emailed, mailed (certified), and hand delivered to facility user 7 days prior to Permit renewal fee due date. Copy sent to property owner via email (if available) and certified mail (7 calendar days to comply)
Annual Permit Renewal Fee
1. Initial Notice – Emailed and mailed to facility user 70 days prior to Permit renewal fee due date (35 calendar days to comply)
2. Past Due Notice – Emailed and mailed to facility user 45 days prior to Permit renewal fee due date (15 calendar days to comply)
3. Notice of Violation / Delinquency Notice – Emailed, mailed (certified), and hand delivered to facility user 20 days prior to Permit renewal fee due date. Copy sent to property owner via email (if available) and certified mail. (10 working days to comply)
4. Cease-and-Desist - Emailed, mailed (certified), and hand delivered to facility user 7 days prior to Permit renewal fee due date. Copy sent to property owner via email (if available) and certified mail. (7 calendar days to comply)
Annual Maintenance Reporting
1. Initial Notice - Emailed and mailed to facility user December 15 (30 calendar days to comply)
2. Past Due Notice - Emailed and mailed to facility user January 16 (30 calendar days to comply)
3. Notice of Violation / Delinquency Notice - Emailed, mailed (certified), and hand delivered to facility. Copy sent to property owner via email (if available) and certified mail February 17 (10 working days to comply)
4. Cease-and-Desist - Emailed, mailed (certified), and hand delivered to the facility user. Copy sent to property owner via email (if available) and certified mail February 28 (7 calendar days to comply)

Q. Waiver – Facilities that can demonstrate, to the District’s satisfaction, that the quality or quantity of their wastewater is such that an interceptor is not required may apply for a waiver. A waiver request must include a completed District Waiver Application Form and all supporting documentation. Limited food preparation establishments are one example of facilities eligible for waiver consideration. Such establishments engage only in reheating, hot-holding, or assembly of ready-to-eat foods and do not significantly alter food form or generate measurable FOG discharges. Approved waivered facilities shall still be issued an Interceptor Permit noting their waived status and will be inspected annually by the District to confirm continued eligibility.

R. Conditional Waver/Permanent Variance/Grease Disposal Mitigation Fee – The District may grant a Conditional Waiver to extend compliance deadlines in cases where facilities demonstrate good cause. A written request addressed to the General Manager, with supporting evidence, must be submitted for consideration. Conditional Waivers are normally limited to sixty (60) calendar days. Permanent variances may be approved by the General Manager and the Board when alternative pretreatment technology, equally effective in controlling discharges, is demonstrated and traditional interceptor technology is not feasible.

If a Conditional Waiver or Permanent Variance request is denied, the applicant may pursue the District’s formal appeal process. In some cases, where no acceptable alternative technology is available, the District may impose a Grease Disposal Mitigation Fee to offset the increased costs of system maintenance caused by the facility’s discharges.

S. Charges/Fees – The District, by Ordinance and/or Resolution and under the authority of the District Rules, Regulations and Ordinances as may be amended from time to time, shall establish fees and charges necessary for implementation of this Section. Payment of all applicable fees is required prior to issuance, renewal, or modification of an Interceptor Permit.

T. Enforcement

Non-Compliance – Failure to provide proof of interceptor maintenance, failure to maintain qualified interceptors, or any other violation of the requirements of this Section that results in a noncompliance determination by the District shall constitute a violation subject to enforcement. In such cases, a Notice of Violation shall be issued to the property owner jointly with the facility user.
Notice of Violation – A notice of violation shall describe the nature of the violation, the corrective actions required, and the deadline for compliance, which shall not exceed ten (10) calendar days. A Conditional Waiver may be requested by the permit holder to extend the compliance deadline, subject to District approval.
Issuance of Cease and Desist Orders – Failure to comply with a Notice of Violation within the time specified may result in the issuance of a Cease-and-Desist Order. Such an order will direct the property owner jointly with user to achieve compliance within a schedule established by the District or to cease operations immediately. Each violation subject to a Cease-and-Desist Order shall carry a fine of at least one thousand dollars ($1,000) per violation per day. Violations resulting in issuance of a Cease-and-Desist Order will be remanded to the District’s Board for further action, which may include imposition of civil liabilities of at least $1,000 per violation per day and additional civil or criminal penalties as authorized by Section 6.02.110 and the District’s Rules, Regulations and Ordinances, as may be amended from time to time.
Termination of Service – As provided for in Section 6.02.110, failure to comply with a Cease-and-Desist Order may result in a hearing before the District. Following the hearing, staff may recommend revocation of the facility’s Interceptor Permit and/or termination of wastewater and/or water service to the facility.
Administrative Fines – Any delinquent fees, charges or fines may accrue interest at a monthly rate established by District policy. Unpaid amounts, including late fees and penalties, may be recorded as a lien against the property until fully satisfied.
Judicial Enforcement – The District reserves the right to pursue any and all available legal remedies, including criminal and civil actions, against any party who intentionally or negligently violates the provisions of a Interceptor Permit or requirements of this Section, or who otherwise violates the District’s Sewer Service Rules, Regulations and Ordinances.

(Ord. No. 2008-02, § 7, 12-15-2008; Ord. No. 2009-02, 7-20-2009; Ord. No. 2025-03, 12-15-2025)

Section 6.02.080 – Private Sewage Disposal Facility

A. Private Sewage Disposal Systems – Where a Public Sewer is not available or where connection to a Public Sewer is not required under the provisions of Section 6.02.030(A), the Building Sewer of each house, building, or property in which the plumbing fixtures are installed shall be connected to a private sewage disposal system.

B. Compliance with Applicable Regulations – Any Private Sewage Disposal System discharging waste within the boundary of the District, as provided in Section 6.02.080(A), shall comply with the design policies and codes of the applicable County Health Department, the provisions of the Uniform Plumbing Code, and where applicable have an exemption from the Regional Water Quality Control Board for the discharge of waste from the system.

C. Cost of Maintenance by Owner – The Owner of a Private Sewage Disposal System shall operate and maintain the facilities in a sanitary manner at all times at no expense to the District.

D. Notice to Connect a Private System(s) – As required in Subsection 6.02.030(A) herein, if a Private Sewage Disposal System (septic tank) is required to connect to the Public Sewer, then the Owner(s), at their own expense, shall be required to connect said house, building or property to said sewer in accordance with the provisions of this Ordinance within the time specified in an official Notice to Connect, the standard for which is a 90-day Notice to Connect with a possible extension of 60 days. The District shall also establish a recorded notice on the property title such that before any change in ownership of the property, compliance with the provisions of this Ordinance and the Notice to Connect shall be required.

Upon failure to connect a Private System per the Notice to Connect within the time limit specified, the General Manager is authorized to take action necessary to connect the property to the Public Sewer, pursuant to procedures of abatement listed under Section 6.02.110 – Enforcement, Subsections 6.02.110(D), 6.02.110(G), and 6.02.110(H), and pursuant to the California Health and Safety Code Sections 5463, 5464, and 5474 et. seq, and all costs thereof, including, but not limited to, actual cost of performing the work, attorney’s fees and costs related thereto, shall constitute a lien on the property.

(Ord. No. 2008-02, § 8, 12-15-2008; Ord. No. 2009-02, 7-20-2009)

Section 6.02.090 – Sewer Service Charges

A. Purpose – The purpose of the sewer service charge is to raise revenue for expenses to operate, repair, replace and maintain the Sewer System used for the collection, treatment, and disposal of wastewater generated within the District.

B. Charges and Fees – As provided in Section 6.02.010(F), the Board shall, from time to time, by separate Ordinance and/or Resolution, establish charges and fees appropriate to carry out the purposes of this Ordinance.

(Ord. No. 2008-02, § 9, 12-15-2008; Ord. No. 2009-02, 7-20-2009)

Section 6.02.100 – Billing and Collection

A. Customer – As used in the Article, Customer shall mean the Owner or Owner’s agent designated in writing in whose name the sewer service is listed and who made application for sewer service with the District. The Customer listed for a multiple dwelling unit shall be the Owner of the Building connected to the Public Sewer.

B. Billing – The regular billing period for sewer service charges will be monthly or bi-monthly at the option of the District.

C. Collection with Water Bills – Where the User is also a District Customer receiving water service operated by the District, billing of Sewer Service Charges shall be made together and not separately from the charges for the water service. They will be billed upon the same bill and collected as one item.

D. Payment of Bills – Bills for sewer service shall be rendered at the end of each billing period and are due and payable upon presentation. If full payment is not received at the business office of the District on or before the final payment date, the bill shall become past due and delinquent as stated in Subsection 6.02.100(K).

E. Opening and Closing Bills – Opening and closing bills shall be prorated based upon the number of days in which the service was furnished as it relates to the monthly minimum for the service in question.

F. Upon Vacating Premises – Customers desiring to discontinue service should so notify the District in writing at least two (2) days prior to vacating the premises. Unless discontinuance of service is ordered in this manner, the customer shall be liable for ongoing charges until such notice is given.

G. Refunds – When any refund becomes due and owing by virtue of Board action or by virtue of any error made in ascertaining the charge applicable to any Customer, the General Manager is authorized to make payable such moneys from the specific fund established for the deposit of Sewer Charges.

H. Adjustments – Any Customer may make a written application to the General Manager requesting a different basis of charges by reason of special circumstances which indicate that the sewer charge for the specific premises are inequitable. The Board may, by Ordinance or agreement, fix and establish an alternative sewer rate after making a finding that because of specific circumstances the rate established for the premises was not fair, equitable, and commensurate to the benefit received from the Sewer System. The Board may revoke such rate whenever it finds that the special circumstances no longer exists.

I. Delinquent Notice – A delinquency notice shall be mailed to customers whose accounts are delinquent (see Subsection 6.02.100(K), warning that service will be disconnected unless payment is made within seven (7) calendar days from the date of mailing of the delinquency notice. The delinquency notice shall indicate amount due, including late fees and/or fines, and the total amount, which must be paid. Notice of any delinquency in a tenant’s account shall also be sent to the owner of the property with indication of owner’s liability.

J. Late Fee – A charge added to each delinquent account at the time any amount becomes delinquent with the exception of an account that has had no delinquencies in the prior 12-month period. When a late fee is made, such charge shall be added to the delinquent account the date the account becomes delinquent. This charge shall become an inseparable part of the amount due as of that time.

K. Authorization for Continuance of Service for Delinquent Account – The General Manager, or his designee, may authorize continuation of service to a delinquent account if financial arrangements satisfactory to the District are established.

L. Enforcement – In the event of the failure of any Customer to pay the amount of Sewer Service Charge due and owing, the District may enforce payments of such late fees as follows:

Notice – A delinquent Notice shall be mailed to the Customer whose account is delinquent by more than 15 days, warning that the service will be disconnected unless payment is made. The Notice shall indicate the amount due, including late fees, and the total amount must be paid within seven (7) calendar days from the date of mailing of the delinquent notice.
Disconnection – The District shall have such premises disconnected from the Sewer System. In the event such disconnection should create a public hazard or nuisance, the General Manager, or his representative may enter upon the premises for the purpose of doing such things as may be reasonably necessary to alleviate or remove such hazard or nuisance. All costs incurred by the District shall be reimbursed by the Customer. (See Subsection 6.02.110(A))
Court Action – The General Manager is authorized to institute an action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as any other debts owing to the District may be collected, including court costs and reasonable attorney’s fees.
Lien – The General Manager is authorized to prepare a statement of the amount of late fees and penalties accrued on the property and record the statement as a lien upon the real property receiving the sewer services.
Contents of Statement – The statement shall contain a description of the property served and the amount of charges, fines, and late fees.
Execution, Acknowledgement, and Filing – The statement shall be executed by the General Manager or the Controller, the signature notarized, and filed with the County Recorder in the appropriate county.
Duration of Lien – Such lien shall have the force, effect, priority, and duration of an abstract or a judgment against the owner of real property and may be enforced in like manner.

M. Fees and Deposits – The District shall require all late fees and fines to be paid in full before any reconnection of the Building Sewer is made.

N. Collection of Sewer Fees on Property Tax Bill – Notwithstanding anything to the contrary contained in the Rules and Regulations for Sewer Service including, but not limited to, Section 6.02.100, residential Sewer User Fees shall be collected pursuant to the applicable provisions of California Health & Safety Code Section 5470 et. seq. at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the District, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties which shall be levied on and collected from the owners of said parcels as permitted by Health and Safety Code Section 5473.7.

(Ord. No. 2008-02, § 10, 12-15-2008; Ord. No. 2016-02, 5-24-2016)

Section 6.02.110 – Enforcement

A. Illegal Connection – Any connections made to the Sewer System without complying with the District’s Ordinances or Rules and Regulations and paying all fees and charges required is illegal and a public nuisance.

The District may enter property and disconnect any illegal connection from the Public Sewer. Should disconnection be necessary, all costs incurred by the District including reasonable attorney’s fees, shall be recovered by the District.
At the discretion of the Board, after application for a permit is made, connection may be allowed to continue by first determining that no harm has been done by the connection, or if the connection was properly made. Any repairs must be fully effected at the sole expense of the Owner and a penalty of double the permit, inspection, and connection fees as established by this Ordinance be paid. In addition all unpaid sewer service charges, assessments or other charges shall be computed from the date the illegal connection was made, and shall be paid by the Owner.

B. Protection from Damage – No unauthorized person shall intentionally or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment, which is a part of the Sewer System. Any person violating this provision shall be guilty of a misdemeanor and subject to the penalties provided by law.

C. Falsifying of Information – Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the District or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Ordinance shall be guilty of a misdemeanor and subject to the penalties provided by law.

D. Issuance of Cease and Desist Orders – When the District finds that the provisions of this Ordinance or the District’s Rules and Regulations have been violated, or are threatened to be violated, the General Manager, or a designated agent, may issue an order to cease and desist and direct that those persons not complying with the Ordinance or the Rules and Regulations to:

Comply forthwith.
Comply with a time schedule set forth by the District; or
In the event of a threatened violation, take appropriate remedial or preventative action.

E. Civil Penalties – Any person who intentionally or negligently violates or threatens to violate any provision of this Ordinance or permit condition, who violates any cease and desist order, prohibition, effluent limitation, pretreatment or toxicity standard, or creates a nuisance shall be liable civilly in an amount not to exceed $10,000 for each day in which such violation occurs. Unless otherwise directed by the General Manager, Board action, or assigned violation by another regulatory agency (such as US Fish and Wildlife, California State Water Quality Control Board, etc.), the civil penalty shall be $1,000 for each day for each violation which occurs for 30 days. If the violation continues past 30 days, the civil penalty shall increase to $5,000 for each day per violation for 30 days (60 days total). If the violation continues past 60 days, the civil penalty shall increase to $10,000 for each day per violation. If the violation continues past 120 days, MSWD will terminate wastewater and/or water service. The Board may, after necessary hearing and finding that the violation or threatened violation exists, require their attorney to seek a preliminary or permanent injunction in the Superior Court, including the imposition of civil liability.

It is the responsibility of the permit-holder to notify the District and staff immediately once corrective action has been completed by the discharger, and discharger believes compliance has been achieved, so it may be confirmed by the District. In the absence of such notification, the permit-holder shall be deemed to be in continued violation for each day between two noncompliant test samples.

F. Termination of Service – The District, after a hearing and recommendations of the Board of Directors, may revoke any wastewater discharge permit, or terminate or cause to be terminated wastewater service to any building if a violation of any provision of this Ordinance causes or threatens to cause a condition of contamination, pollution, or nuisance as defined in the Water Code. This provision is in addition to other statutes, rules, or regulations authorizing termination of service for delinquency in payment.

G. Public Nuisance – The continued habitation of any building, the continued operation of any industrial facility or the discharges of wastewater in any manner in violation of the Ordinance or the Rules and Regulations, or of any cease and desist order is hereby declared as a public nuisance and shall be corrected or abated as directed by the General Manager. Any person creating a public nuisance is guilty of a misdemeanor and is subject to penalties provided by law.

H. Abatement – The District may cause proceedings to be brought for the abatement of the occupancy of a building, industrial facility, or public nuisance. In the event such proceedings are brought, the Owner or User shall pay to the District reasonable attorney’s fees and costs associated with said proceedings.

(Ord. No. 2008-02, § 11, 12-15-2008; Ord. No. 2025-03, 12-15-2025)

Section 6.02.120 – Miscellaneous Provisions

A. Appeals – Any User, permit applicant, or permit holder affected by any decision, action, or determination, including Cease and Desist Orders made by the General Manager, when interpreting or implementing the provisions of this Ordinance or in any permit issued herein, may file with the General Manager a written request for reconsideration within ten (10) days of such decision, action, or determination, setting forth in detail the facts supporting the User’s request for reconsideration. If the ruling by the General Manager is unsatisfactory to the person requesting reconsideration, a written appeal must be filed to the Board within ten (10) days after notification of the District action. The written appeal shall be heard by the Board within 30 days from the date of filing unless a longer time is requested by the petitioner. The Board shall make a final ruling on the appeal within ten (10) days of the close of the meeting. The General Manager’s decision, action or determination shall remain in effect during such period of reconsideration.

B. Own Motion – The Board may, on its own motion, find that by reason of special circumstances and provision of its Ordinances or Rules or Regulations should be suspended or modified as applied to a particular premise and may, by resolution, order such suspension or modification for such premise during the period of such special circumstances or any part thereof.

C. Powers and Authorities – The officers and any duly authorized employee of the District shall carry evidence establishing the position as an authorized representative of the District and upon exhibiting the proper credentials and identification shall be permitted to enter in and upon any and all buildings, industrial facilities, easements and properties for the purposes of inspection, re-inspection, observation, measurement, sampling, testing, repairing, replacing, maintaining and otherwise performing such duties as may be necessary in the enforcement of the provisions of the Ordinance, the District’s Rules and Regulations and the Uniform Plumbing Code. All persons shall be held strictly responsible for any and all acts of agents or employees done under this Ordinance. Upon being notified by the General Manager of any defect arising there from in any sewer or any violation of this Ordinance, the persons having charge of said work shall immediately correct the same.

D. Inspection and Sampling – The District may inspect the facilities of any User to ascertain whether the purpose of this Ordinance is being met and all requirements are being complied with. Persons or occupants of buildings where wastewater is created or discharged shall allow the District or its representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection and/or sampling or otherwise in the performance of any of their duties. The District shall have the right to set up on the User’s property such devices as are necessary to conduct sampling or metering operations. Where a User has security measures in force, which would require proper identification and clearance before entry into their premises, the User shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the District will be permitted to enter without delay for the purposes of performing their specific responsibilities.

E. Severability – If any section, subsection, sentence, clause, or phrase of this Ordinance or the application thereof to any person or circumstance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or any section, subsection, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared to be unconstitutional.

(Ord. No. 2008-02, § 12, 12-15-2008)

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