Hearing on wastewater discharge regulations and compliance requirements.

10. Violation of any Law governing Wastewater and water discharges into the Sanitary Sewer System. 11. C. Prohibited Substances No Person shall discharge, by either direct or indirect means, any of the following into the Sanitary Sewer System, or any substance for which discharge is prohibited by the City Municipal Code or by the EBMUD Wastewater Control Ordinance: 1. Any storm water or other unpolluted water that meets the requirements for and is acceptable for discharge to storm drains or receiving waters of the State. 2. Any unpolluted industrial process water. 3. Any substance that creates a fire or explosion hazard. 4. Any liquid or vapor having a temperature detrimental to the Sanitary Sewer System. 5. Any water or waste, which contains excessive amounts of fats, oil, and/or grease. 6. Any garbage, except garbage from dwellings and establishments where food is prepared and consumed on the premises, and which has been ground to such a degree that all particles will be carried freely under the flow conditions prevailing in the Sanitary Sewer System. 7. Any heavy solid, viscous substance, or other matter of such a nature as to obstruct the flow in Sanitary Sewers or cause interference with the proper operation of the Sanitary Sewer System, including, but not limited to, sand, cement, lime, plaster, cinders, ashes, metal, glass, straw, shavings, animal hair, feathers, paunch manure, fibrous matter, tar, asphalt, resins, or plastics. 8. Any substance having a corrosive property capable of causing damage or other hazard to structure, equipment, or personnel. 9. Any toxic or poisonous substances in sufficient quantity to constitute a hazard to humans, animals, or fish, or to create a hazard in the waters receiving effluent from the Wastewater Treatment Plant. 10. Any water or wastes containing suspended solids or dissolved matter of such character and quantity that unusual attention or expense is required to handle such materials in the Sanitary Sewer System or at the Wastewater Treatment Plant. D. Prohibition on Dilution Waters No user shall increase the use of process water, or in any other way attempt to dilute a discharge to meet applicable pretreatment standards or to comply with this Chapter or any other applicable Law, unless otherwise allowed by Law. E. Radioactive Limits No Person shall discharge or cause to be discharged any radioactive Wastewater into any Sanitary Sewer, unless the Person is authorized to use radioactive material by the United States Nuclear Regulatory Commission or other governmental agency empowered to regulate the use of radioactive materials, the Wastewater is discharged in strict conformity with United States Nuclear Regulatory Commission regulations and recommendations for safe disposal, and the discharge is in compliance with all Laws. F. Wastewater Strength Limits No user shall discharge Wastewater into a Lateral or otherwise introduce into the Sanitary Sewer System Wastewater that exceeds the numerical limits established in the Wastewater Control Ordinance, as such ordinance may be amended or superseded, or the City Municipal Code, whichever is more stringent. G. Wastewater Flow Rate Limits No Person shall discharge Wastewater into any Sanitary Sewer in such a quantity or at such a rate of flow as to overload or have a harmful or adverse impact on Port facilities or the Wastewater Treatment Plant. Section 10.07.060 Right of Entry Duly authorized representatives of the Director may enter and inspect any building, structure, or premises within Port jurisdiction to secure compliance with, or prevent a violation of, any provision of this Chapter under the following conditions: A. Whenever the Director shall have reasonable cause to believe that conditions which do not conform to this Chapter exist in a particular building, structure, or premises. B. Whenever the Director authorizes and directs the inspection of all buildings, structures, or premises subject to the provisions of this Chapter in a defined area of the Port. C. Whenever the Director authorizes and directs inspections of buildings, structures, or premises as a part of a routine spot check. D. Whenever the Director authorizes the performance of needed maintenance or repair activities. E. No premises shall be inspected until reasonable notice is given to the discharger or occupant, or to the agent of either. Section 10.07.070 Policies for Violation A. Notice of Violation Whenever the Director finds that any Misfeasor is causing or allowing to be caused a Nuisance, the Director shall serve notice on the Misfeasor stating the existence of the Nuisance, requiring abatement of the Nuisance, and specifying the measures necessary for abatement. Such notice shall be served personally on the Misfeasor or by mailing such notice to the Misfeasor by U.S. Mail, and by posting a copy of such notice on the Property whereupon the Nuisance is being caused. B. Abatement by Misfeasor It shall be the duty of the Misfeasor to abate the Nuisance within one hundred eighty (180) days of personal service or mailing of such notice. C. Abatement by the Port If the Misfeasor should neglect or refuse to abate the Nuisance pursuant to such notice, the Director may abate the Nuisance at the expense of the Port and the Port may recover the amount of such expense, including the costs of inspection, enforcement, and correction, to the full extent permitted by California Government Code � 54988, as such section may be amended or superseded. D. Recovery of Attorneys' Fees and Costs The Port may, in its discretion, commence legal actions and/or equitable proceedings in a court of competent jurisdiction to abate the Nuisance and/or to collect and recover Port abatement costs. If the Port prevails in such action and/or proceeding, it shall be entitled to recover costs and attorneys' fees in addition to any taxes, fees, assessments, penalties, and interest. The remedies provided for herein shall be cumulative and not exclusive, and shall not preclude the Port from any other relief which otherwise is available. E. Abatement Costs Made Nuisance Abatement Lien or Special Assessment Lien Notwithstanding any other Provision of this Chapter, the costs incurred by the Port in the abatement of a Nuisance subject to the provisions of this Chapter may be placed against any privately owned and affected Property as either a nuisance abatement lien or a special assessment lien pursuant to California Government Code � 38771, et seq., as such section may be amended or superseded, or a lien pursuant to California Government Code � 54988, as such section may be amended or superseded. The Port may enforce a lien under this Chapter in any manner permitted by Law, including filing a civil action to either foreclose on its liens, or to obtain a money judgment, or both, or pursuing non-judicial foreclosure. The Port may elect, upon thirty (30) days' notice to all known and record owners of the privately owned and affected Property, to convert any nuisance abatement lien authorized by this Chapter to a special assessment lien, or vice versa. Costs recoverable under this Chapter shall include those categories of costs and fees set forth in California Civil Code � 3496, as such section may be amended or superseded, regardless of the type of nuisance involved. F. Protest Filing Procedure Any alleged Misfeasor desiring to protest the Director's determination that the alleged Misfeasor is causing or allowing to be caused a Nuisance may file with the Director a protest in writing within ten (10) days after receiving notice to abate the Nuisance. Any Misfeasor desiring to protest the costs incurred by the Port in abating a Nuisance may file with the Director a protest in writing within ten (10) days after receiving notice of the cost incurred by the Port in abating the Nuisance. G. Protest Hearing Upon the filing of a protest, the Director shall conduct a public hearing. At such hearing, the Director may affirm, modify, or reverse the prior determination. The Director's decision at the end of such hearing shall be final. H. Criminal Penalties Every Person who violates, disobeys, or refuses to comply with any of the provisions of this Chapter, or any of the provisions incorporated therein, shall, upon conviction, be punishable by fine and penalty, not exceeding Five Hundred Dollars ($500.00) or six (6) months' imprisonment, or both. Each day constitutes a separate violation. ATS 6964822 & 6964823; May 1, 2026