SEC. 64.25. INVESTIGATION ON PRIVATE PROPERTY.

   The Board of Public Works or any of its authorized representatives may make such inspections or investigations as said Board deems necessary at any reasonable time, in any building, premises or lot for any of the purposes set forth in this section. No person shall interfere with, prevent or refuse to permit the entry of said Board or any of its authorized representatives into or upon any building, premises or lot for any of the purposes set forth in this section. (Amended by Ord. No. 113,953, Eff. 8/23/59.)

   (a)   To determine the size, depth and location of any sewer or storm drain connection.

   (b)   To determine the outlet of any sewer or storm drain connection by depositing testing materials in any plumbing fixture attached thereto and flushing the same, if necessary.

   (c)   To determine by measurements and samples the quantity and nature of sewage or waste water being discharged into any sewer, storm drain or water course.

   (d)   To inspect, test, and sample the discharge of any device used to prevent the discharge into any seer, storm drain or water course of illegal waste or illegal quantities of waste, such as floor drains, sand boxes, grease traps or other clarifiers, also, of those devices used to grind, shred, pulverize, or otherwise treat garbage or industrial waste, before discharging same into a sewer or storm drain.

   (e)   To determine the location of roof, swimming pool and surface drains, and whether they are connected to a street gutter, storm drain or sewer.

   (f)   To determine the nature and quantity of flow in any open water course or storm drain.

   (g)   To locate, inspect, test, and sample the discharges to, from and within a PSDS. (Added by Ord. No. 160,388, Eff. 10/21/85.)

SEC. 64.26. MANDATORY ABANDONMENT OF PRIVATE SEWAGE DISPOSAL SYSTEMS.

   (Added by Ord. No. 160,388, Eff. 10/21/85.)

   A.   General Provisions.

   1.   Purpose. The purpose of this section is to protect and preserve the water quality of the groundwater basins located generally in the San Fernando Valley and certain adjacent areas by phasing out the use of private sewage disposal systems employed by commercial and industrial uses, and in multiple residential units. The continued use of private sewage disposal systems by commercial and industrial uses in the San Fernando Valley and certain adjacent areas is declared to be a threat to the quality of the ground water and to the public health. Therefore, the City is providing a systematic method of requiring both the connection to public sewers and permanent abandonment of private sewage disposal systems.

   2.   Scope. This section shall apply to all private sewage disposal systems in the City of Los Angeles located northerly of the boundary line described as follows:

   Beginning from the west at the intersection of Mulholland Highway and the City boundary, thence along Mulholland Highway in a northerly direction to the intersection with Mulholland Drive, thence along Mulholland Drive in an easterly direction to the intersection of Mulholland Drive and Laurel Canyon Boulevard, thence northerly along Laurel Canyon Boulevard to the intersection of Laurel Canyon Boulevard and the Los Angeles River, thence along the Los Angeles River in an easterly and then southerly direction to the intersection of the Los Angeles River and the Glendale Freeway, thence along the Glendale Freeway in a northerly direction to the City boundary.

   B.   Definitions. For purposes of this section, “Notice to Connect” shall mean a notice to connect to a public sewer and to abandon a Private Sewage Disposal System (PSDS) as defined at Number 42.5 in Section 64.00 of this Code.

   C.   Issuance Of Notice To Connect To The Public Sewer And To Abandon A PSDS.

   1.   Issuance by Director. When connection to a public sewer is available or becomes available for a lot upon which a PSDS is located, the Director shall issue a Notice to Connect to the owner of the lot as identified on the Los Angeles County equalized assessment roll or as known to the City Engineer. The Director may, in addition, issue a copy of a Notice to Connect to any person using or maintaining the PSDS. (Amended by Ord. No. 181,595, Eff. 4/10/11.)

   (a)   When Sewer is “Available”. A public sewer is available when it is located in any public street or easement abutting a lot.

   (b)   Phasing. The Board shall adopt standards for the issuance of Notices to Connect to be administered on a phased basis. The standards shall permit the Director to give priority to lots located in areas where the Department of Water and Power has determined the underlying groundwater has been contaminated by industrial chemicals.

   (c)   Exemption. If a PSDS is in compliance with all applicable laws, rules, and regulations, and is located on a lot occupied by four or fewer units which are used solely for residential purposes, it shall be exempt from the requirements of this section and the Director shall not issue a Notice to Connect for such PSDS.

   2.   Time for Compliance. The Notice to Connect shall be fully complied with no later than one year from the date of issuance of the Notice to Connect, provided however, that if the Director finds that a PSDS is not in compliance with any applicable law, rule, or regulation, the Notice to Connect shall provide for full compliance within 30 days of the issuance of the Notice to Connect.

   3.   Contents of a Notice to Connect. A Notice to Connect shall;

   (a)   identify, by address, the property to which it is directed;

   (b)   state that the Director has determined that a public sewer is available for that lot;

   (c)   require discontinued use of the PSDS after the time specified in the notice and connection to a public sewer, or vacation of the premises;

   (d)   require full compliance within the time limit specified in the Notice;

   (e)   describe the procedures whereby an application for variance may be filed within 90 days of the date of issuance of the Notice to Connect; and

   (f)   advise that failure to comply may result in discontinuance of water service and referral to the City Attorney for appropriate criminal and/or civil action.

   The Notice to Connect may also include references to the payment of fees and the procedures for obtaining any required permits for connection to a public sewer and abandonment of the PSDS.

   At the time of issuance of the Notice to Connect, the Director shall provide to the person to whom the Notice is issued a document which briefly explains the purpose and scope of the program and its system of administration, and indicates whom to contact for further information.

   4.   Subsequent Notices. The Director shall issue the following subsequent notices in cases where the Notice to Connect provides for full compliance within one year:

   (a)   Reminder Notice. If full compliance with the requirements of a Notice to Connect has not been achieved four months prior to the date specified for such full compliance in the Notice to Connect, the Director shall issue a Reminder Notice which shall repeat the deadline for compliance and the possible sanctions for failure to comply;

   (b)   Final Notice. If full compliance with the requirements of a Notice to Connect has not been achieved one month prior to the date specified for such full compliance in the Notice to Connect, the Director shall issue a Final Notice which shall repeat the deadline for compliance and the possible sanctions for failure to comply.

   5.   Service of Notices. Each of the Notices described in this section shall be either personally delivered or sent by certified mail with return receipt requested.

   6.   Effect of Failure To Issue or Receive Subsequent Notices. Failure to issue or receive a Reminder Notice, Final Notice, or Notice of Violation shall not relieve any owner or person using or maintaining a PSDS from the duty to comply with the Notice to Connect and shall not be a defense to a criminal or civil enforcement action.

   D.   Compliance With Notice To Connect: Every owner of a lot upon which a PSDS is located, and every person using or maintaining a PSDS, shall comply with the requirements of a Notice to Connect, or Notice to Connect modified by any variance granted in accordance with Subsection E of this section which is issued for that PSDS. Notwithstanding any other provision of this Code to the contrary, no person shall permit or cause the discharge of any wastewater to a PSDS after the compliance date specified in a Notice to Connect issued for that PSDS, as modified by any variance granted in accordance with Subsection E of this section.

   E.   Variances

   1.   Application to Director. Any person who owns, uses, or maintains a PSDS which is in compliance with all applicable laws, rules, and regulations who has received a Notice to Connect, upon payment of a fee of $100, may file with the Director within 90 days of the date of issuance of the Notice to Connect, an application for a variance from the requirements of this section.

   2.   Discretion of Director. The Director may grant a variance from the requirements of this section, including an extension of the deadline for compliance specified in a Notice to Connect, if the Director finds that the applicant has demonstrated that:

   (a)   the strict application of the requirements of this section will result in extreme hardships unessential to the overall purpose of such requirements; and

   (b)   the continued operation of the subject PSDS will not have any significant adverse effect upon water quality in the groundwater basin of concern.

   The determination of the Director shall be supported by written findings of fact. The Director may impose reasonable conditions upon the granting of a variance, including a requirement that connection to a public sewer and disconnection and abandonment of a PSDS occur within 60 days or a change of ownership of the property.

   The effective period of any variance granted to an applicant shall not exceed two years. Renewal of a variance shall be required by the applicant in writing and shall be at the discretion of the Director in accordance with the provisions of this subsection.

   The Director shall act upon an application for a variance within 60 days of its filing.

   3.   Appeal to Board. An appeal from a determination by the Director may be filed with the Board by the applicant or any person aggrieved by the determination upon payment of a fee of $100, or by any officer, board, department or bureau of the City. Appeals shall be filed with the Secretary of the Board within fifteen days of the Director’s action on the application for variance. The Board, after notice duly given, shall hear and act upon the appeal, within 90 days of its filing. If the Board fails to act within 90 days of the filing of an appeal, the decision of the Director shall be deemed affirmed. In considering appeals the Board shall be subject to the same limitations as are applicable to the Director under Paragraph 2 of this subsection.

   4.   Appeal to Council. If the applicant for a variance or any other person aggrieved, or any officer, board, department or bureau of the City is dissatisfied with the Board’s determination; or if the Board has failed to act within 90 days of the filing of an appeal, a new appeal may be taken to the City Council upon payment of a fee of $100. Appeals to the City Council shall be filed with the City Clerk within 15 days of the Board’s determination or the close of the 90 days in which the Board may act, whichever comes first. The City Council shall act upon the appeal within 90 days of its filing. If the City Council fails to act within 90 days of the filing of an appeal either the decision of the Board shall become final or, if the Board failed to act within 90 days, the decision of the Director shall become final. In considering appeals the Council shall be subject to the same limitations applicable to the Director under Paragraph 2 of this subsection.

   5.   Fee Waiver. Notwithstanding any other provisions of this Code to the contrary, no department, bureau, officer or board of this City shall pay any fee required by this section for appeal.

   F.   Rules And Regulations. The Board may adopt rules or regulations governing the procedures to be followed in carrying out the provisions of this section.

   G.   Enforcement.

   1.   If full enforcement with the requirements of this section has not been achieved by the deadline for full compliance provided in the Notice to Connect, as modified by any variance, the Director shall do all of the following:

   (a)   issue a Notice of Violation to the owner of the affected property and the person using or maintaining the PSDS.

   (b)   provide to the City Attorney copies of the applicable Notice to Connect, Reminder Notice, Final Notice, and Notice of Violation, and proof that such notices were delivered or mailed, together with any responses to such notices which may have been received by the Director, and the records concerning any application for variance and any appeal therefrom which may have been filed.

   (c)   provide to the Department of Water and Power a copy of the Notice of Violation. A written request that water service be discontinued at the affected property may also be filed with said department if deemed appropriate by the Director; and

   (d)   provide to the Superintendent of Building a copy of the Notice of Violation. Any building which is the subject of a Notice of Violation is hereby declared to be a public nuisance and the Director may request the Superintendent of Building to order that the subject building be vacated and remain vacated until full compliance with the Notice to Connect has been achieved.

   2.   Upon receipt of the Notice of Violation and request described in this subsection, the Department of Water and Power shall initiate procedures to discontinue water services, if specified by the Director, after providing reasonable notice thereof to the occupying party and the owner of the property, and the Department of Building and Safety. Upon receipt of notification from the Director that compliance has been achieved, the Department of Water and Power shall act to reinstitute normal water service.

   3.   Notwithstanding any provision of this Code to the contrary, upon receipt of the Notice of Violation and notice that the Department of Water and Power intends to discontinue water service, the Superintendent of Building shall order the subject building to be vacated in accordance with the procedures set forth in Section 91.8903 of this Code.

SEC. 64.30. INDUSTRIAL WASTEWATER DISPOSAL.

   (Amended by Ord. No. 183,756, Eff. 8/11/15.)

   A.   General Provisions.

   1.   Policy. It is the policy of the City of Los Angeles to assure that the highest and best use of the Publicly Owned Treatment Works (POTW) is for the collection, treatment and disposal of domestic wastewater. The use of this system for industrial wastewater is a privilege which is subject to the requirements of this section.

   2.   Objectives. This section sets forth uniform requirements for dischargers to the POTW. Through a permit and inspection program administered under the jurisdiction of the Board, the City seeks to comply with all applicable State and Federal laws.

   As a part of the permit and inspection program provided herein, the Board and the Director shall have the power, jurisdiction, and supervision over places of discharge of wastewater into the POTW, necessary to adequately enforce and administer all laws and lawful standards and orders, or special orders, to assure the implementation of the following objectives:

   (a)   Prevent any discharge into the POTW which may interfere with the operations thereof;

   (b)   Prevent any discharge into the POTW which will pass through the POTW, inadequately treated, into receiving waters, land or the atmosphere or otherwise be incompatible with the POTW;

   (c)   Protect the POTW, from damage by any pollutants;

   (d)   Provide the opportunity to recycle and reclaim sludges and wastewater from the POTW;

   (e)   Provide for recovery of costs, including administration, implementation and enforcement of the program established herein, associated with the discharge of wastewater to the POTW;

   (f)   Protect the life, health, and safety of operating and maintenance personnel;

   (g)   Preserve hydraulic capacity in the POTW;

   (h)   Insure the health, safety and welfare of the public.

   3.   Scope. This section provides for the regulation of dischargers to the POTW through the issuance of Industrial Wastewater Permits containing specific discharge requirements and through enforcement of general discharge prohibitions; authorizes monitoring and enforcement activities; imposes reporting requirements on specific permittees; and sets fees for the recovery of program costs. This section shall apply to all dischargers within the City of Los Angeles and to all persons outside the City of Los Angeles who discharge to the City’s POTW except as otherwise provided herein, the Director of the Bureau of Sanitation under the jurisdiction of the Board of Public Works shall administer, implement and enforce the provisions of this section.

   B.   Regulations.

   1.   Prohibitions:

   (a)   Discharge Prohibitions. Except as expressly allowed in an Industrial Wastewater Permit, no discharger shall introduce or cause to be introduced into the POTW any of the following:

   (1)   Gasoline, mercury, total identifiable chlorinated hydrocarbons, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, solvents, pesticides or jet fuel.

   (2)   Any liquids, solids or gases which by reason of their nature or quantity are flammable, reactive, explosive, corrosive or radioactive, or by interaction with other materials could result in fire, explosion or injury. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastewater with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.

   (3)   Any solid or viscous materials which could cause obstruction to the flow or operation of the POTW.

   (4)   Any toxic pollutants in sufficient quantity to injure or interfere with any wastewater treatment process, including private pretreatment systems, to constitute a hazard or cause injury to human, animal, plant or fish life, or to exceed any limitation set forth in this Section.

   (5)   Any noxious or malodorous liquids, gases, or solids in sufficient quantity either singly or by interaction with other materials to create a public nuisance, hazard to life, or to prevent entry of any person to the POTW.

   (6)   Any material of sufficient quantity to interfere with any POTW treatment plant process or to render any product thereof unsuitable for reclamation and reuse.

   (7)   Any material in sufficient quantity to cause the POTW to be in noncompliance with biosolids use or disposal criteria, guidelines or regulations in conjunction with Section 405 of the Act, the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research and Sanctuaries Act, or State criteria (including those contained in any state sludge management plan prepared pursuant to Title II of SWDA) applicable to the biosolids management method being used.

   (8)   Any material which will cause the POTW to violate its NPDES Permit, applicable Federal and State statutes, rules or regulations.

   (9)   Any wastewater containing pigment which is not removed in the ordinary POTW treatment process and which creates a visual contrast with the material appearance of the POTW discharge observable at the point of POTW discharge.

   (10)   Any wastewater having a heat content in such quantities that the temperature of the wastewater at the introduction into the POTW Collection system exceeds 140 degrees Fahrenheit, or at the introduction into the POTW treatment plant exceeds 104 degrees Fahrenheit.

   (11)   Any pollutants, including oxygen demanding pollutants, released at a flow rate or pollutant concentration which will cause or contribute to interference, as that term is defined in Section 64.00.

   (12)   Any storm water collected and discharged to the POTW, except as specifically authorized by the Director.

   (13)   Single pass cooling water in excess of 200 gallons per day discharged to the POTW. However, the blowdown or bleedoff from cooling towers or other evaporative coolers may be accepted into the POTW.

   (14)   Any wastewater which constitutes a hazard or causes injury to human; animal, plant or fish life or creates a public nuisance.

   (15)   Recognizable portions of the human or animal anatomy.

   (16)   Floatable material which is readily removable.

   (17)   Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.

   (18)   Any human or animal blood suspected or known to contain bloodborne pathogen(s).

   (19)   Any Pharmaceutical wastes.

   (20)   Any Medical wastes.

   (21)   Any Sharps.

   (b)   Prohibitions Against Interference, Hazard, or Injury to Human, Animal, Plant or Fish Life. No person shall discharge to the POTW, any material of sufficient quantity which, singly or by interaction with other materials, interferes with the POTW treatment plant process or renders any product thereof unsuitable for reclamation and reuse, causes the POTW to be in noncompliance as that term is used with respect to provisions listed in Paragraph (a)(7) above, or which constitutes a hazard to or which may cause injury to human, animal, plant or fish life.

   2.   Pollutant Limitations.

   (a)   Specific Pollutant Limits. No person shall introduce wastewater to the POTW that exceeds the following Instantaneous limitations:

Arsenic	3 mg/L
Cadmium	15 mg/L
Copper	15 mg/L
Cyanide (Total)	10 mg/L
Cyanide (Free)	2 mg/L
Dissolved Sulfides	0.1 mg/L
Lead	5 mg/L
Nickel	12 mg/L
pH Range	5.5-11
Silver	5 mg/L
Total chromium	10 mg/L
Zinc	25 mg/L
Dispersed oil and grease (Total)	600 mg/L
Floatable oil and grease	None Visible

 

   The above limitations shall not apply where more restrictive limitations are imposed by permit, Best Management Practices (BMP), or National Categorical Pretreatment Standards. The Director may develop BMP to implement pollutant limitations and prohibitions of this section. Such BMP shall be considered local limits and pretreatment standards.

   (b)   Radioactive Wastes. No person shall discharge radioactive wastes except in accordance with the State of California Administrative Code, Title 17, Public Health, Regulations of the Bureau of Radiological Health.

   (c)   Grinder Wastes.  (Amended by Ord. No. 174,047, Eff. 8/5/01.) The use of garbage grinder to discharge food wastes from commercial kitchens, markets, or food plants to the POTW is prohibited unless expressly allowed by the Director. When the use of a grinder is allowed, the following fineness of grind requirements shall be met at all times.

   (1)   At least 40% shall pass a No. 8 sieve.

   (2)   At least 65% shall pass a No. 3 sieve.

   (3)   100% shall pass a 1/2-inch screen.

   3.   National Categorical Pretreatment Standards (NCPS).

   (a)   Standards. Upon the promulgation of mandatory NCPS for any industrial category, the NCPS, if more restrictive than limitations otherwise imposed under this section, shall apply. A discharger shall comply with applicable NCPS as set forth in 40 CFR Part 401 et seq.

   (b)   Compliance Schedule. The Director may impose a phased compliance schedule to ensure that affected industries meet the NCPS. Failure to meet the phased compliance schedule may result in permit revocation.

   4.   Dilution. No discharger shall use any water to dilute any pollutant to achieve compliance with the discharge limitations contained in this section.

   5.   Slug Discharges.

   (a)   Containment of Slug Discharges. Upon written notification by the Director, dischargers shall provide spill containment to prevent slug discharges of prohibited material or other substances regulated by this section. Facilities to contain spills shall be provided and maintained at the discharger’s own cost and expense. Dischargers so notified shall provide detailed spill containment plans, including facilities and operating procedures, to the Director for review. Such plans shall be approved by the Director before commencement of construction of the facility. Construction shall be completed within the time period designated by the Director. Review and approval of spill containment plans and operating procedures shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this section.

   (b)   Notification of Slug Discharges. In the event of a slug discharge, the discharger shall immediately notify the Director of the incident by telephone. The notification shall include location of discharge, type of material, concentration and volume, and corrective actions taken.

   (c)   Written Report Describing Slug Discharges. Within five days following the slug discharge, the discharger shall submit to the Director a detailed written report describing the cause of the discharge, corrective action taken and measures to be taken to prevent future occurrences. Such notification shall not relieve the discharger of liability or fines incurred as a result of this slug discharge.

   (d)   Notice to Employees; Notification to Director of Slug Discharge. A legible, understandable and conspicuously placed notice shall be permanently posted on the discharger’s bulletin board or other prominent place advising employees to call the Director, in the event of a slug discharge, as soon as possible or within one hour of the discharge, and to provide at least the information listed below. In the event that the discharger’s employees use a language other than English as a primary language, the notice shall be worded in both English and the language or languages involved. The notice shall set forth the current phone number of the Director and shall identify the following as the minimum necessary information which is to be provided to the Director:

   (1)   Time, location, type, concentration and volume of discharge.

   (2)   Corrective action taken. Employers shall insure that all employees in a position to cause or allow a slug discharge to occur are advised of this notification procedure.

   (e)   Notification of Potential for Slug Discharges. Dischargers are required to notify the Director immediately of any changes at its facility affecting the potential for a slug discharge.

   (f)   Slug Discharge Control Plan(s). The Director shall evaluate whether each discharger needs a slug discharge control plan or other action to control slug discharges. The Director may require any discharger to develop, submit for approval and implement such a plan, or take such other action that may be necessary to control slug discharges. Alternatively, the Director may develop such a plan for any discharger. A slug discharge control plan shall address, at a minimum, the following:

   (1)   Description of discharge practices, including non-routine batch discharges;

   (2)   Description of stored chemicals;

   (3)   Procedures for immediate notification to the Director of any slug discharge; and

   (4)   Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures must address, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

   6.   Bypass.

   (a)   Bypass Not Violating Applicable Pretreatment Standards or Requirements. A discharger may allow any bypass to occur which does not cause Pretreatment Standards or Requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Paragraphs (b) and (c).

   (b)   Notice.

   (1)   If a discharger knows in advance of the need for a bypass, it shall submit prior notice to the Director, if possible, at least ten days before the date of the bypass.

   (2)   A discharger shall submit oral notice of an unanticipated bypass that exceeds applicable Pretreatment Standards to the Director within 24 hours from the time the discharger becomes aware of the bypass. A written submission shall also be provided within five days of the time the discharger becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

   (c)   Prohibition of Bypass.

   (1)   Bypass is prohibited, and the Director may take enforcement action against a discharger for a bypass, unless;

   (i)   Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;

   (ii)   There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

   (iii)   The discharger submitted notices as required under Paragraph (b) of this section.

   (2)   The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that the bypass will meet the three conditions previously listed in Paragraph (c)(1).

   C.   Administration.

   1.   Industrial Wastewater Permit.

   (a)   Application. No person shall discharge industrial wastewater to the POTW without permission as provided in an Industrial Wastewater Permit. The permit shall not be issued until determination has been made by the Board that the wastewater to be discharged shall not violate any provisions of this Code, the Board’s Rules and Regulations, the water quality objectives for receiving waters established by the California Water Quality Control Board, Los Angeles Region, or any applicable federal or state statutes, rules or regulations. Such determination shall be made from the information set forth in the application for permit.

   (b)   Permit Information. A separate permit shall be required for each point of discharge to the POTW. In connection therewith, the applicant may be required to furnish the following:

   (1)   (Amended by Ord. No. 177,614, Eff. 7/19/06.) The name and address of the applicant;

   (2)   The name and address of the discharger;

   (3)   The address or location of the premises where the discharge will take place;

   (4)   The Standard Industrial Classification (SIC) of the discharger;

   (5)   Information with respect to constituents and characteristics of wastewater proposed to be discharged, including, but not limited to, those referred to in Subsection B. of this section. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended, and by laboratories certified by the State of California. In the absence of a State certification process, the Director may certify a laboratory to perform necessary sampling and analysis;

   (6)   Time and duration of the proposed discharge or discharges;

   (7)   Average daily and 5-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

   (8)   Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and storm drains, connections and appurtenances by their size, location and elevation.

   (9)   Description of activities, facilities and plant processes on the applicant’s premises, including all pollutants which could be discharged.

   (10)   Detailed plans showing pretreatment facilities, sampling facilities, uncontrolled discharge containment facilities, and operating procedures.

   (11)   Identification of the nature and concentration of any pollutant located at the premises of the discharger (and/or applicant if different) if that pollutant is prohibited from discharge under Subdivision 1. of Subsection B. of this section, or any proposed discharge which is regulated as provided in Subdivision 2. of Subsection B. of this section, plus a statement specifying whether the specific limitations set forth in said Subdivision 2. are being met, and, if not, what additional Operation and Maintenance (O & M) or pretreatment is proposed by the discharger to cause compliance;

   (12)   The shortest time schedule by which the discharger shall provide the necessary additional pretreatment, if additional pretreatment or O & M will be required to meet the regulations in Subsection B. of this section. Any completion date in such a proposed schedule shall not be later than the compliance date established by the applicable regulation.

   (13)   The schedule shall provide for reporting increments in progress in the form of dates for commencement and completion of major events leading to the construction and operation of additional pretreatment necessary for the discharger to meet the applicable regulation (e.g., hiring an engineer, completing preliminary and final plans, executing contract for major components, commencing construction, completing construction).

   (14)   After permit issuance, progress reports shall be submitted subject to the same limitations set forth in Subparagraph (7) of Paragraph (h) of Subdivision 2. of this Subsection C., except that time limits specified pursuant to this section for reporting, commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to meet the applicable regulations may be extended by mutual consent of the discharger and the Director, and provided however, that in no event shall any such date be extended beyond the compliance date established by the applicable regulation.

   (15)   Each product of the discharger by type, amount, and rate of production;

   (16)   Type and amount of raw materials processed by the discharger (average and maximum per day);

   (17)   Number of employees, hours of operation of plant, and hours of operation of the proposed pretreatment system;

   (18)   Copies of any current City Business License, NPDES Permit, South Coast Air Quality Management District Permit, Regional Water Quality Control Board Permit and State Department of Health Services Permit for the subject premises;

   (19)   The name, business address, and motor vehicle driver’s license number of the authorized representative;

   (20)   Any other information deemed by the Director to be necessary to evaluate the permit application.

   (21)   The application shall be signed under penalty of perjury by the authorized representative of the discharger. After evaluation and acceptance of the data furnished, the Board may issue an Industrial Wastewater Permit subject to the terms and conditions imposed by the Director pursuant to Paragraph (c) of this Subdivision as stated herein. Granting of the permit shall not relieve the discharger from the responsibility for compliance with all provisions of this section. By acceptance of a permit, the applicant thereby delegates authority to the Director to enter the premises of the applicant as necessary for purposes of inspection and maintenance with respect to any wastewater discharge therefrom.

   (c)   Exemptions. An Industrial Wastewater Permit is not required for the following dischargers or discharges to the POTW not subject to NCPS:

   (1)   (Amended by Ord. No. 177,614, Eff. 7/19/06.) An FSE that does not potentially generate waste FOG during food preparation processes, and does not significantly affect the POTW, as determined by the Director, provided that the FSE has implemented and demonstrates compliance with BMP requirements as specified in the Rules and Regulations;

   (2)   Bleed-off or blowdown from cooling towers, evaporation condensers or other recirculating water devices with rated capacity of 25 tons or less,

   (3)   Self-service laundries with washing machines of 20 pounds maximum capacity, with further allowance that the facility may also have a maximum of two machines with maximum 50-pound capacity of each,

   (4)   Discharges from establishments wherein the industrial wastewater discharge is less than 200 gallons per day (gpd) and pretreatment is not required. This exemption does not apply to PSDF.

   (d)   Permit Conditions. Industrial Wastewater Permits shall be subject to all provisions of this Code, all other applicable statutes, rules and regulations, and fees and charges established by the City. The Director shall have authority to impose permit conditions including the following:

   (1)   Limits on the average and maximum wastewater constituents and characteristics;

   (2)   Limits on average and maximum rate and time of discharge;

   (3)   Limits regarding the discharge of specific pollutants;

   (4)   Requirements for installation and maintenance of inspection and sampling facilities and slug discharge containment facilities;

   (5)   Requirements, which may include specific sampling locations, frequency of sampling, times of sampling, number, types, test standards and reporting schedules, for monitoring programs;

   (6)   Compliance schedules;

   (7)   Requirements for submission of technical or discharge reports;

   (8)   (Amended by Ord. No. 174,047, Eff. 8/5/01.) Requirements for maintaining and affording City access to plant records relating to discharges, including hauled waste records and manifests;

   (9)   Requirements for notification of the City of any new introduction of wastewater constituents or any significant change in the volume or character of the wastewater constituents;

   (10)   Requirements for notification of slug discharges;

   (11)   The Director may require all industrial users to install pretreatment systems, upgrade existing pretreatment systems and/or install additional pretreatment systems, implement Best Management Practices (BMP), maintain and make available records of BMP compliance and any other conditions deemed appropriate to achieve the objectives of this ordinance as defined in Subsection A. Subdivision 2. of LAMC 64.30;

   (12)   Limits, including Best Management Practices, based on applicable pretreatment standards, state and local law;

   (13)   Requirements to control slug discharges;

   (14)   A description of the process for seeking a waiver for a pollutant neither present nor expected to be present or a specific waived pollutant; and

   (15)   Other conditions deemed appropriate by the Director to ensure compliance with this section.

   (e)   Change of Ownership or Location. An Industrial Wastewater Permit shall not be transferable, by operation of law or otherwise, either from one location to another, or from one person to another. For purposes of this subdivision, statutory mergers or name changes shall not constitute a transfer or a change in ownership. Following a change in ownership, and upon application for a new Industrial Waste- water Permit, a temporary permit may be issued by the Director for a period of no more than 180 days pending the issuance of such new permit.

   (f)   Delayed Commencement of Discharge. All permitted dischargers, except dischargers undergoing construction, must commence the discharge within 180 days from the effective date of the Industrial Wastewater Permit or the permit is deemed void.

   (g)   Duration of Industrial Wastewater Permit. Except as otherwise provided herein, Industrial Wastewater Permits may be issued for a specified time period and may be subject to expiration and renewal as determined by the Director. Industrial Wastewater Permits for Significant Industrial Users shall have a duration or effective life not to exceed three (3) years from the date of initial issuance or reissuance.

   (h)   Permit Renewal. Applications for permit renewal shall be filed with the Director a minimum of ninety (90) days prior to the permit expiration date.

   (i)   Administrative Permit Cancellation. As part of permit administration, the Director may cancel any Industrial Wastewater Permit with the express written consent of the permittee or upon verification that one or more of the following conditions exist:

   (1)   The permittee is not a batch treatment discharger and has permanently ceased the discharging of industrial wastewater to the POTW; or changes in the industrial process or reduction of discharge levels occur such that an Industrial Wastewater Permit is no longer required as provided by the exemption provisions of this subsection; or

   (2)   Changes in industrial process or reduction of discharge levels occur such that an Industrial Wastewater Permit is no longer required as provided by the exemption provisions of this subsection; or

   (3)   Change of business ownership; or

   (4)   Change or abandonment of the site or location described by the permit.

   (j)   Permit Reinstatement. Notwith- standing any other provisions of this Code, a permit which has been administratively canceled pursuant to Paragraph (i) of this subdivision, shall be reinstated upon the written request of the permittee and upon approval by the Director. Request for reinstatement under this paragraph must be made within 180 days from the effective date of cancellation. Administrative permit cancellation, pursuant to Paragraph (i) of this subdivision, shall not be used in lieu of the enforcement remedy set forth for permit suspension or revocation, as provided in Subsection E. of this section.

   (k)   Private Septage Disposal Facilities (PSDF). PSDFs discharging to the POTW shall be subject to all provisions of this Section including the following specific requirements.

   (1)   PSDF’s shall be required to maintain an Industrial Wastewater Permit. Exemptions under Paragraph (c) of Subdivision 1. of Subsection C. of this Section shall not apply to private septage disposal facilities.

   (2)   All waste discharged through a PSDF shall be subject to discharge prohibitions under Subdivision 1. of Subsection B. of Section 64.30 and specific pollutant limitations under Subdivision 2. of Subsection B. of Section 64.30.

   (3)   In cases where hauled septage is discharged at a facility in addition to any discharge from any other industrial operations performed at that site, a separate industrial wastewater permit shall be required specifically for the discharge of hauled septage in addition to any other required industrial wastewater permit(s).

   (4)   (Amended by Ord. No. 174,047, Eff. 8/5/01.) Additional regulations regarding the operation of PSDFs are specified in the Board’s Rules and Regulations. All PSDFs shall be required to comply with these Rules and Regulations.

   (l)   Food Service Establishment (FSE) Requirements.

   (1)   All FSEs must implement and demonstrate compliance with Best Management Practices (BMP) requirements as specified in the Board’s Rules and Regulations.

   (2)   FSEs that are required to maintain an Industrial Wastewater Permit are also required to install, operate and maintain an approved type and adequately sized, remotely located and readily accessible, gravity grease interceptor unless a conditional waiver is granted by the Director.

   (3)   All FSEs to be newly constructed are subject to gravity grease interceptor requirements and shall not qualify for a conditional waiver unless exempt as specified in Subsection C.1.(c)(1). Existing FSEs with planned modifications having a building permit valuation of $100,000 or more are also subject to gravity grease interceptor requirements and shall not qualify for a conditional waiver unless exempt as specified in Subsection C.1.(c)(1).

   (4)   Additional regulations regarding FSEs are specified in the Board’s Rules and Regulations. All food service establishments are required to comply with these Rules and Regulations.

   (i)   Grease Interceptor Specifications. All gravity grease interceptors, hydromechanical grease interceptors and other grease removal devices must meet the specifications as set forth in Section 94 of the City of Los Angeles Plumbing Code.

   (ii)   Conditional Waiver from Gravity Grease Interceptor Installation Requirements. Under the sole discretion of the Director, an FSE determined to have no immediate adverse impact on the POTW may be granted a conditional waiver from gravity grease interceptor installation requirements. The Director may, at any time, revoke this conditional waiver and require the FSE to install a gravity grease interceptor.

   (iii)   Variance to Allow Alternative Grease Removal Devices (GRD). If an FSE can demonstrate that installation of a grease interceptor is not feasible due to space constraints or other considerations, the Director may issue a variance from grease interceptor requirements and authorize the installation of alternative grease removal devices. Alternative grease removal devices include, but are not limited to, devices that are used to trap, separate and hold grease from wastewater and prevent it from being discharged into the POTW. All alternative grease removal devices must be approved by the Director, on a case-by-case basis. The FSE must also demonstrate that BMPs have been implemented.

   2.   Reporting Requirements.

   (a)   Federal Reporting Requirements and Additional Reporting Requirements. Notwithstanding the reporting requirements set forth in 40 CFR Part 403, including, but not limited to, the requirements as set forth in 40 CFR § 403.12, the Director may impose additional reporting requirements by permit or otherwise.

   (b)   Reporting by Dischargers Subject to NCPS. Unless required more frequently or otherwise specified by the Director, dischargers which are subject to NCPS shall submit to the Director, semi-annually, a Periodic Compliance Report which shall contain, at a minimum, the information required by 40 CFR § 403.12(e)(1). The Director may require a discharger to submit such reports on a more frequent basis and may base such decision upon the amount of discharge or other site-specific concerns the Director may have pertaining to the discharge. In addition, dischargers that are subject to NCPS shall submit Baseline Monitoring Reports (BMRs), Compliance Schedule Progress Reports and Reports on Compliance with NCPS deadlines in accordance with the General Pretreatment Regulations for Existing and New Sources of Pollution (Title 40, Code of Federal Regulations, Part 403.12).

   (c)   Reporting by SIUs not Subject To NCPS. Unless required more frequently by the Director, dischargers which are Significant Industrial Users but are not subject to NCPS shall submit to the Director semi-annually a report indicating the nature, concentration and flow of pollutants in the effluent which are required to be reported by the Director. At a minimum, the report shall contain the information required by 40 CFR § 403.12(h).

   (d)   Production Data. The Director may require any discharger to submit production data. At a minimum, dischargers subject to equivalent mass or concentration limits or subject to production-based NCPS shall report production data as follows:

   (1)   Dischargers subject to NCPS in which equivalent mass or concentration limits are established by the Director in accordance with 40 CFR § 403.6(c)(1) shall report a reasonable measure of long term production rate (based upon the criteria used for developing the discharger’s effluent limitations) in its Report on Compliance and its Periodic Compliance Reports, as applicable. In addition, such dischargers shall notify the Director in accordance with Paragraph (e) of this subdivision after the discharger has a reasonable basis to know that the production level will significantly change within the next calendar month.

   (2)   All other dischargers subject to NCPS expressed in terms of allowable pollutant discharge per unit of production (or other measure of production) shall include information on the actual production during the sampling period in its Report on Compliance and its Periodic Compliance Reports, as applicable.

   (e)   Notification of Changed Discharge.

   (1)   All industrial dischargers shall provide written notification to the Director before any planned change, including physical alterations or additions to the permitted facility, production increases and anticipated process changes which will result in a significant change in the volume or character of pollutants to be discharged, including notification of changes in the listed or characteristic hazardous wastes for which the discharger has submitted initial notification under 40 CFR § 403.12(p)(1). Notice shall be provided immediately before the change, except if such notice is not feasible, the discharger shall provide the Director notice as soon as the information becomes available.

   (2)   No wastewater discharge shall be commenced, without notification to and approval by the Director, in which there has been a significant change in the volume or characteristic which causes it to be different from that expressly allowed under the permit issued. Upon such notification, the Director, in the Director’s discretion, may require that a new application be filed and a new permit obtained before any wastewater discharge involving the changed characteristic takes place.

   (f)   Signatory/Certification for Baseline Monitoring Reports, Reports on Compliance, and Periodic Compliance Reports. Baseline Monitoring Reports, Reports on Compliance and Periodic Compliance Reports submitted by dischargers subject to NCPS shall be signed by an authorized representative of the discharger and shall contain the following certification:

   I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

   (g)   Signatory/Certification for Other Reports. The Director, at the Director’s discretion, may require other reports or information submitted by dischargers subject to NCPS, or any other discharger, to meet signatory/certification requirements as the Director deems appropriate.

   (h)   Adoption of New City Specific Pollutant Limitations. Within 180 days after promulgation of a new City Specific Pollutant Limitation and notification thereof by the Board to specific dischargers affected thereby, any discharger subject to such limitations shall submit to the Director a report containing:

   (1)   The name and address of the discharger;

   (2)   The address or location of the premises where the discharge does or will take place;

   (3)   The nature, average production rate, and Standard Industrial Classification of the operations carried out by the discharger;

   (4)   The average and maximum flow of the discharge in gallons per day;

   (5)   The nature and concentration of pollutants in the discharge from each regulated process and identification of applicable limitations. The concentration shall be reported as a maximum or average as provided in applicable limitations. If equivalent concentration limits have been calculated in accordance with the limitation, this adjusted concentration limit shall also be submitted;

   (6)   A statement, reviewed by an authorized representative and certified under penalty of perjury by a person with primary responsibility for the operation which contributes to the discharge, indicating whether the limitations are being met, and, if not, what operation and maintenance improvements or additional pretreatment is required for compliance;

   (7)   The shortest schedule under which any additional pretreatment or operation and maintenance improvements required as a result of the new limitations or requirements imposed pursuant to Paragraph (a) of Subdivision 1. of Subsection C. of this section will be completed.

   (i)   The completion date in such a schedule shall not be later than the compliance date established for the applicable limitation.

   (ii)   The schedule shall provide for reporting increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of any additional pretreatment necessary (e.g., hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing construction, completing construction).

   (iii)   The discharger shall also submit a written progress report to the Director, not later than 14 days following each increment of progress date in the schedule and the final date for compliance. That report shall state whether the discharger is in compliance with the scheduled increment of progress. If compliance was not achieved, the report shall state the date by which the discharger expects to comply with the scheduled increment of progress, the reason for the failure to comply, and the steps being taken by the discharger to maintain the established compliance schedule.

   (iv)   The time limit specified in this paragraph for operation or maintenance improvements or additional pretreatment may be extended by the Board.

   (i)   Reporting by SIUs Subject to BMPs. Unless required more frequently by the Director, dischargers which are SIUs subject to a BMP based Categorical Pretreatment Standard, or other BMP based pollution prevention alternative or local limit, shall submit to the Director, semi- annually, documentation necessary to determine the compliance status of the discharger.

   (j)   Reporting by SIUs that Perform Monitoring. Dischargers which are SIUs subject to the reporting requirements in this section that monitor any regulated pollutant at the appropriate sampling location using the procedures prescribed in subsection C.4.(d) of this section, the result(s) of this monitoring shall be included in the periodic compliance report.

   (k)   Signatory / Certification Statement for Monitoring Waiver for Pollutants Neither Present Nor Expected. Upon approval of the monitoring waiver and revision of a discharger’s control mechanism by the Director, the discharger must certify on each periodic compliance report submittal with the statement below, that there has been no increase in the pollutant in its wastestream due to activities of the discharger: Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic compliance report.

   3.   Monitoring Facilities. The Director may require to be provided, operated and maintained at the discharger’s expense, separate and secured monitoring facilities to allow inspection, sampling, and flow measurement of the discharge. The monitoring facilities ordinarily shall be situated on the discharger’s premises and in said event the Director shall be granted total and unrestricted access thereto and use thereof by the discharger as a condition of that discharger’s permit; however, at its discretion the Board may allow monitoring facilities to be constructed off-premises.

   4.   Monitoring and Sampling.

   (a)   Pre-Notification. Any discharger may be required by the Director, by permit or otherwise, to engage in periodic monitoring and sampling of its discharge. Where a discharger is required to monitor or sample, the discharger shall notify the Director by telephone at least 48 hours in advance of any monitoring or sampling to be performed. Notification shall include the date, time and location of proposed monitoring and sampling. Monitoring and sampling shall be carried out during a period of normal operations. Prior to the commencement of any sampling or monitoring, the Director may request that the discharger furnish to the Director a split sample and all supporting data (i.e., methodology, flow measuring data, strip chart recordings, and other pertinent information). The Director reserves the right to refuse any data developed from the monitoring or sampling activity if the discharger fails to comply with the pre-notification procedure.

   (b)   Notification of Discharge Violations and Resampling. If sampling performed by a discharger indicates a violation, the discharger shall notify the Director within 24 hours of becoming aware of the violation. The discharger shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within 30 days after becoming aware of the violation. Where the Director has performed the sampling and analysis in lieu of the discharger, the Director must perform the repeat sampling and analysis unless it notifies the discharger of the violation and requires the discharger to perform the repeat analysis. Re-sampling is not required if:

   (1)   The Director performs sampling at the discharger’s facility at a frequency of at least once per month, or

   (2)   The Director performs sampling at the discharger’s facility between the time when the initial sampling was conducted and the time the discharger or the Director receives the results of this sampling.

   (c)   Representative Samples. Samples must be taken during the required monitoring period to ensure the data from the analysis of the samples is representative of the conditions occurring at that time. Samples shall represent the normal wastewater flow to the POTW over a 24-hour period. Composite samples shall be collected according to time or flow as specified by the Director, with at least one sample collected hourly. The Director may require grab samples or continuous monitoring as deemed appropriate (e.g. pH and flow). Samples may be collected either manually or by automatic integrated sampling equipment approved by the Director.

   (d)   Sample Analysis. The handling, storage, and analysis of all samples taken for the determination of the characteristics of wastewater discharged shall be performed by laboratories certified by the State of California and shall be in accordance with the procedures established by the EPA pursuant to Section 304(a) of the Act and contained in 40 CFR, Part 136, as amended. In the absence of a State certification process, the Director may approve of a laboratory to perform any necessary sampling and analysis.

   (e)   Sampling Requirement. Where the discharger is a SIU, the discharger is to follow all sampling requirements as set forth in 40 CFR 403.12(g), unless the Director specifies otherwise.

   (f)   Waiver for Pollutants Neither Present Nor Expected. The Director may authorize a discharger subject to a Categorical Pretreatment Standard to forego sampling of a pollutant regulated by a Categorical Pretreatment Standard if the discharger has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the discharger.

   5.   Inspection and Sampling.

   (a)   Inspections to Enforce Local, State, and Federal Laws. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this section or other applicable law, or whenever the Director has reasonable cause to believe that there exists upon any premises any violation of the provisions of this section or other applicable law, or any condition which makes such premises hazardous, unsafe, or dangerous, the Director is hereby authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Director by this section or other applicable law provided that:

   (1)   If the property is occupied, the Director shall first present proper credentials to the occupant and request entry explaining the reasons therefore and;

   (2)   If the property is unoccupied the Director shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining the reasons therefore. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the Director shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.

   (b)   Inspections to Safeguard the Public Health or Safety. Notwithstanding the foregoing, if the Director has reasonable cause to believe that wastewater discharge conditions on or emanating from the premises are so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the Director shall have the right to immediately enter and inspect the property, and may use any reasonable means required to effect such entry and make such inspection, whether the property is occupied or unoccupied and whether or not formal permission to inspect has been obtained. If the property is occupied, the Director shall first present proper credentials to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection.

   (c)   Penalty for Refusal to Permit Director to Make Inspections. No person shall fail or refuse, after proper demand has been made upon that person as provided in Paragraph (b) of this Subdivision 5, to promptly permit the Director to make any inspection provided for by said Paragraph (b). Any person violating this subdivision shall be guilty of a misdemeanor.

   (d)   Consent and Agreement to Enter Premises. The applicant, by accepting any permit issued pursuant to this section, does thereby consent and agree to the entry upon the premises, described in the permit, by Department personnel for the following purposes as required by this section or other applicable laws. The City shall be afforded access at all reasonable times:

   (1)   for the purposes of inspection, sampling, flow measurement, examination of records in the performance of other authorized duties;

   (2)   to set up on the discharger’s property such devices as are necessary to conduct sampling inspections, compliance- monitoring, flow measuring or metering operations;

   (3)   to inspect and copy any records, reports, test results or other information required to carry out the provisions of this section; and

   (4)   to photograph any waste, waste container, vehicle, waste treatment process, discharge location, or violation discovered during an inspection.

   (e)   Entry of Premises with Security Measures. Where a discharger has instituted security measures requiring proper identification and clearance before entry onto the premises, the discharger shall make all necessary arrangements with its security guards in order that, upon presentation of such identification, City personnel shall be permitted to enter the premises without delay for the purpose of performing their authorized duties.

   6.   Public Access to Information. Discharge and effluent data provided to the City by the discharger shall be available to the public without restriction. Other information may be subject to a claim of confidentiality by the discharger. All information which is submitted to the City by the discharger shall be available to the public, at least to the extent provided by 40 CFR 2.302. With the exception of governmental agencies, any person requesting this information from the City shall be required, prior to the receipt of the requested information, to pay the reasonable cost of said data gathering, reproduction and transmission incurred by the City.

   7.   Confidentiality. All information, except for discharge and effluent data, submitted to the City pursuant to this section may be claimed by the discharger to be confidential. Any such claim must be asserted at the time of submission of the information or data to the City. The claim may be asserted by stamping the words “Confidential Business Information” on each page containing such information or by other means, however, if no claim is asserted at the time of submission, the City may make the information available to the public without further notice. If such a claim is asserted, the information will be treated in accordance with the procedures set forth in 40 CFR Part 2 (Public Information).

   8.   Falsifying Information. No person shall knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed with the Director or required to be maintained pursuant to this section, or tamper with or knowingly render inaccurate any monitoring device required under this section.

   9.   Rules and Regulations. The Board shall adopt rules and regulations consistent with this section to effectuate its purpose and intent.

   10.   Retention of Records. A discharger subject to the reporting requirements established in this section (including documentation associated with Best Management Practices) shall be required to retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required by this section), and shall make such records available for inspection and copying by the Director. This period of retention shall be extended during the course of any unresolved litigation regarding the discharger when requested by the Director.

   D.   Fees and Charges.

   1.   Purpose and Disposition. It is the purpose of this subsection to provide for the recovery of City costs associated with the discharge of wastewater to the POTW. All fees and money collected by the City pursuant to the provisions of this section shall be deposited into the Sewer Construction and Maintenance Fund established by Section 64.19.2 of this Code. Monies required hereunder to be deposited into that Fund shall be expended for the purposes set forth in said section and to provide for any appropriate refunds relative to such fees.

   2.   Application Fees. (Amended by Ord. No. 182,076, Eff. 4/6/12.) The Board shall require payment of an initial fee of $370 for each application for an Industrial Wastewater Permit. No permit shall be deemed valid until the initial fee has been paid. The application fee shall be annually adjusted as shown in the table below:

Effective Date	Permit Application Fees
July 1, 2012	$385
July 1, 2013	$400
July 1, 2014	$424
July 1, 2015	$450
July 1, 2016	$479
July 1, 2017	$510
July 1, 20182	$544
July 1, 2019	$579
July 1, 2020	$616

 

   3.   Inspection and Control Fees.

   (a)   Purpose of Inspection and Control Fees. All permittees must pay an annual Inspection and Control (I & C) Fee as a function of their assigned Inspection Classification Number. Inspection and Control Fees are part of the City’s approved wastewater revenue program and pay for the basic level of services which include the following:

   - Permitting,

   - Inspection,

   - Sampling,

   - Providing laboratory analytical services,

   - Monitoring facilities’ self monitoring program,

   - Inventory control and development,

   - Systems development and data management,

   - Reporting to local, State and Federal authorities.

   (b)   Inspection and Control Fee Schedule. (Amended by Ord. No. 182,076, Eff. 4/6/12.) The Inspection and Control (I&C) Fee shall be paid quarterly in arrears by each permittee, except permittees in the Class I SubClass group as specified in Subsection D.3.(c), in possession of a valid Industrial Wastewater Permit in accordance with the following schedule:

I&C Class	Annual Fee	Quarterly Fee
Class 1	$254.00	$63.50
Class 2	$508.00	$127.00
Class 3	$761.00	$190.25
Class 4	$1,015.00	$253.75
Class 5	$1,269.00	$317.25
Class 12	$3,045.00	$761.25
Class 1D	$51.00	N/A

 

   I&C Fees shall be annually adjusted as shown in the table below:

I&C Class	July 1, 2012	July 1, 2013	July 1, 2014	July 1, 2015	July 1, 2016	July 1, 2017	July 1, 2018	July 1, 2019	July 1, 2020
Class 1	$264	$274	$291	$308	$328	$350	$373	$397	$423
Class 2	$528	$549	$582	$617	$657	$700	$745	$793	$845
Class 3	$792	$823	$873	$925	$985	$1,049	$1,118	$1,190	$1,268
Class 4	$1,056	$1,098	$1,164	$1,234	$1,314	$1,399	$1,490	$1,587	$1,690
Class 5	$1,320	$1,372	$1,455	$1,542	1,642	$1,749	$1,863	$1,984	$2,113
Class 12	$3,167	$3,294	$3,491	$3,701	$3,941	$4,197	$4,470	$4,761	$5,070
Class 1D	$53	$55	$58	$62	$66	$70	$75	$80	$85

 

   (c)   Class I SubClasses. A Subclass of Class I described above may be established by the Board to apply to certain groups of permittees under Class I that qualify for reduced inspection and control services. The Board may group permittees for this purpose based on the amount and type of discharges and based on the viability of implementing Best Management Practices as an effective control mechanism that merits reduced inspection and control services. Consequently, the annual fee will be a portion of the Class I annual fee and in the amount proportional to the cost of inspection and control services provided for that group of permittees and as specified in Table I of the Board’s Rules and Regulations.

   (d)   I & C Fee Payment Schedule. Each permittee, except the Class I Subclass group, shall make quarterly payments in arrears on the first of April, July, October or January, following the first permit anniversary date.

   (e)   Class I Subclass Fee Payment Schedule. Permittees under the Class I SubClass group shall commence making annual payments on the first of April, July, October or January, following the first quarterly period in which their permit becomes effective.

   4.   Quality Surcharge Fee. (Amended by Ord. No. 188,363, Eff. 10/19/24.)

   (a)   Quality Surcharge Fee Requirement. The Sewer Service Charge (SSC), as established under Section 64.41.03 of this Code, recovers the cost of treatment of domestic strength wastes discharged to the Publicly Owned Treatment Works (POTW) for treatment. The SSC is paid by all of the users of the POTW whose Wastewater is treated in a City treatment plant. However, industrial wastewater discharged by industrial users (IUs) can vary significantly in strength from that of Domestic Sewage. Industrial wastewater strength can be higher or lower than that of the Domestic Sewage. A permittee whose Discharge is determined to contain BOD or SS, as defined in Subsection A. of Section 64.00 of this Code, with concentrations in excess of the designated BOD and SS values in the Rules and Regulations shall pay a Quality Surcharge Fee.

   (b)   Quality Surcharge Fee Determination. A fee based on the quality/strength of the industrial wastewater discharged into the POTW shall be paid quarterly in arrears by all industrial users or permittees in possession of a valid Industrial Wastewater Permit where the industrial wastewater of said permittees is found to be subject to the City’s Quality Surcharge Fee and which is treated in a City treatment plant. The permittee may choose to be billed for the City’s Quality Surcharge Fee based on either the provisions of Subparagraphs (b)(1) or (b)(2) of Subdivision 64.30 D.4. below.

   (1)   Permittees whose industrial wastewater is treated in a City treatment plant and is determined to contain BOD or SS with concentrations in excess of the designated BOD and SS values in the Rules and Regulations shall pay a Quality Surcharge Fee according to the following formula and provisions.

   The Quality Surcharge Fee for these permittees shall be determined pursuant to the following formula:

   C = V [a(SS-DSS) + b(BOD-DBOD)]k

   where:

   "C" is the Quality Surcharge Fee.

   "V" is the average daily volume of Wastewater discharged in gallons and shall be deemed: (1) the volume of water supplied to the premises, adjusted as determined by the Board to account for water not discharged into the POTW; (2) the metered volume of Wastewater discharged into the POTW, in accordance with a measuring device approved by the Board; or (3) a figure determined by the Board, based upon any other equitable method.

   "SS" is the suspended solids as defined in Subdivision 79. of Subsection A. of Section 64.00 of this Code, expressed in milligrams per liter.

   "BOD" is the biochemical oxygen demand of the Wastewater as defined in Subdivision 6. of Subsection A. of Section 64.00 of this Code, expressed in milligrams per liter.

   "DSS" is the suspended solids concentration designated by the Board in the Rules and Regulations.

   "DBOD" is the biochemical oxygen demand concentration designated by the Board in the Rules and Regulations.

   "a" is the verifiable cost assessed for each pound of suspended solids (SS), as shown in the table below on or after the effective dates shown in the table.

   "b" is the verifiable cost assessed for each pound of biochemical oxygen demand (BOD), as shown in the table below on or after the effective dates shown in the table.

   "k" is (365 x 8.34)/1,000,000, a dimensional constant to convert C to dollars.

Effective Date	BOD Rate ($/pound of BOD)	SS Rate ($/pound of SS)
October 1, 2024	0.73	0.64
March 1, 2025	0.80	0.70
July 1, 2025	0.86	0.74
January 1, 2026	0.96	0.83
July 1, 2026	1.02	0.86
July 1, 2027	1.10	0.92
July 1, 2028	1.17	0.97

 

   If the term containing SS or BOD is negative, a value of zero shall be used for the term.

   (i)   In determining the amount of Quality Surcharge Fee to be paid by various industrial users, the Board may establish industry-wide averages for SS and BOD values. The Board may group permittees into appropriate discharge volume ranges, each of which shall be represented by an average discharge volume. Where sampling and volume measurements of any permittee are not practical for physical, economic, or other reasons, these averages may be used in establishing such permittee’s Quality Surcharge Fee.

   (ii)   Any permittee whose fee has been determined in the above manner who is not satisfied that the averages are applicable to its Discharge, may submit appropriate engineering data to the Board for its consideration. If the Board finds that such permittee’s Discharge differs significantly from the averages established, it may determine the fee on a more appropriate basis.

   (2)   Permittees whose industrial wastewater is treated in a City treatment plant and is determined to contain BOD or SS with concentrations less than the designated BOD and SS values in the Rules and Regulations may petition the Board to pay a Low-Strength SSC Rate as defined in Subsection (o) of Section 64.41.01 of this Code. Upon qualification, such permittee may be allowed to pay a Low-Strength SSC Rate where the Low-Strength SSC Rate excludes the cost component associated with the domestic sewage strength included in the SSC rate. However, should such a permittee petition and be allowed to pay a Low-Strength SSC Rate, such permittee shall simultaneously become subject to the Zero-Based Quality Surcharge Fee as defined in this section. This fee is to recover the treatment cost associated with removal of BOD and SS, as defined below, in the permittee’s Discharge. This fee is also representative of, and a replacement for, the cost component associated with the domestic sewage strength included in the SSC rate not included in the Low-Strength SSC Rate as defined in Subsection (o) of Section 64.41.01 of this Code.

   TThe Zero-Based Quality Surcharge Fee for these permittees shall be determined pursuant to the following formula:

   C = V [a(SS) + b(BOD)]k

   where:

   C, V, a, b, k, BOD, and SS are defined under Paragraph (b) of Subdivision 64.30 D.4. above.

   (c)   Zero-Based Quality Surcharge Fee Qualifications and Requirements. Any industrial user or permittee in possession of a valid Industrial Wastewater Permit that petitions to pay a Low-Strength SSC Rate and a Zero-Based Quality Surcharge Fee shall meet the following qualifications and requirements:

   (1)   The industrial user, if not in possession of a valid Industrial Wastewater Permit, must apply for and obtain an Industrial Wastewater Permit as defined in Subsection A. of Section 64.00 of this Code.

   (2)   The permittee must petition, in writing, to the Board to be placed on the Zero-Based Quality Surcharge Fee;

   (3)   The permittee must submit analytical data of its Discharge, at the time of and with its petition, to demonstrate that the average strengths of its BOD and/or SS concentrations discharged over a one-year period are less than the designated BOD and SS values in the Rules and Regulations;

   (4)   The permittee shall become subject to self-monitoring and reporting requirements of its Discharge, per policies of the Bureau of Sanitation of the Department of Public Works and also as defined and established in Section 9 of the Rules and Regulations; and

   (5)   The permittee shall install a sampling facility, for the purposes of self-monitoring, in accordance with the requirements set forth by the Director.

   5.   Private Septage Disposal Facility (PSDF) Fees. Subject to the provisions of this Subsection, all PSDFs shall pay, quarterly in arrears, the following fees and discharge user rates:

   (a)   PSDF Inspection and Control Fee. An annual Inspection and Control (I & C) Fee, in the amount corresponding to the I and Classification Number as set forth in Table 1 of the Board’s Rules and Regulations and;

   (b)   PSDF Septage Treatment Cost Recovery User Fee. (Amended by Ord. No. 182,076, Eff. 4/6/12.) A per gallon Septage Treatment Cost Recovery User fee at the rate of $0.0528 per gallon as applied to the full-tank capacity of each vehicle discharging at the PSDF. The rate shall be annually adjusted as shown in the table below:

Effective Date	User Fees ($/gallon)
July 1, 2012	0.0542
July 1, 2013	0.0557
July 1, 2014	0.0572
July 1, 2015	0.0587
July 1, 2016	0.0603
July 1, 2017	0.0612
July 1, 20182	0.0621
July 1, 2019	0.0631
July 1, 2020	0.0640

 

   6.   Significant Industrial User Fee. In addition to any fees and charges required by this Subsection, Significant Industrial Users (SIUs), as defined in Section 64.00, shall be charged additional fees in accordance with the following schedule for each applicable Industrial Wastewater Permit:

 

SIU Group	Group Identification	Amount of Fee
I	Categorical Industrial Users with an average discharge equal to or greater than 10,000 gallons per day	$4,359
II	Categorical Industrial Users other than Electroplaters with an average discharge less than 10,000 gallons per day	$4,216
III	Category 413 Industrial Users (Electroplaters) with an average discharge less than 10,000 gallons per day	$2,308
IV	Non-Categorical Industrial Users with an average discharge of equal to or greater than 250,000 gallons per day	$3,605
V	Non-Categorical Industrial Users with an average discharge of equal to or greater than 40,000 gallons but less than 250,000 gallons per day	$2,617
VI	Non-Categorical Industrial Users with an average discharge of equal to or greater than 25,000 gallons but less than 40,000 gallons per day, OR; any industrial user that is designated by the Director to have a reasonable potential to adversely affect the POTW’s operation or for violating any pretreatment standards or requirement.	$2,453

 

   SIU Fees shall be annually adjusted as shown in the table below:

Annual Fee and Effective Date
SIU Group	July 1, 2012	July 1, 2013	July 1, 2014	July 1, 2015	July 1, 2016	July 1, 2017	July 1, 2018	July 1, 2019	July 1, 2020
Group I	$4,533	$4,714	$4,997	$5,297	$5,641	$6,008	$6,399	$6,814	$7,257
Group II	$4,385	$4,560	$4,834	$5,124	$5,457	$5,812	$6,189	$6,592	$7,020
Group III	$2,400	$2,496	$2,646	$2,805	$2,987	$3,181	$3,388	$3,608	$3,843
Group IV	$3,749	$3,899	$4,133	$4,381	$4,665	$4,969	$5,292	$5,636	$6,002
Group V	$2,721	$2,830	$3,000	$3,180	$3,387	$3,607	$3,841	$4,091	$4,357
Group VI	$2,551	$2,654	$2,813	$2,982	$3,175	$3,382	$3,602	$3,836	$4,085

 

   7.   Temporary Facilities Usage Fee. Subject to provisions of this subsection, all dischargers of industrial wastewater (e.g., groundwater, rainwater, construction water and seepage water-carried waste) to the POTW shall pay a Temporary Facilities Usage Fee (TFUF) for temporary access to the POTW based upon a share of the equity of the system for the disposal of industrial wastewater. The share of system equity included in the TFUF shall be proportional to the flow, BOD and SS of the industrial wastewater discharged into the POTW from the premises as compared with the total flow, BOD and SS discharged by all system dischargers. The TFUF rate shall be based on the Sewage Facilities Charge in accordance with Section 64.11.3 of the Los Angeles Municipal Code.

   8.   Due Dates. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.)

   (a)   Fee Due Dates for other than I & C Class I SubClass Fees. Fees subject to the provisions of this subdivision, Inspection and Control Fees, Quality Surcharge Fees, Private Septage Disposal Facility Fees, Significant Industrial User Fees, and Temporary Facilities Usage Fee shall be due in quarterly installments payable on the first day of January, April, July and October, with each such payment applicable to the immediately preceding quarter.

   (b)   Class I SubClasses Fee Due Dates.

   (1)   I & C Fees. Class I SubClass permittees shall commence making annual payments on the first of April, July, October or January, following the first quarterly period in which their permit becomes effective. The following outlines the billing schedule for Class I SubClasses permittees:

   Permit Effective Period   Bill Due Date

   Jul-Sept.         October 1

   Oct-Dec.         Jan 1

   Jan-March         April 1

   Apr-Jun.         July 1

   (2)   Quality Surcharge Fees. Class I SubClass permittees subject to Quality Surcharge Fees shall be subject to the same schedule of payments set forth in the provisions of Subsections 64.30 D.4.(10)(a) above.

   9.   Cost Recovery For Sewer Maintenance. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) The Board may charge any discharger for the cost of sewer maintenance resulting from its wastewater discharge.

   10.   Delinquency – Penalty Charges. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.)

   (a)   Delinquency – Penalties. If the fees are not paid on or before the last day of the quarter in which they are due, a penalty equal to 2.5% of any outstanding fees, but not less than $10.00, shall be added to the fees. The fees, including penalty, shall become a part of the fees required by this section and be payable for that quarter. Any fees remaining unpaid after the last day of the quarter shall be added and carried over to the amount owing for the next quarter and become part of the fees owing for that quarter.

   (b)   Continued Delinquency. All principal charges, excluding accrued penalties, carried over from a prior quarter shall be assessed an additional penalty in the amount of 2.5% if not paid on or before the last day of each quarter until paid in full. All charges carried over into the next quarter shall continue being carried over and added to charges accruing for the following quarter, if any, without limitation and all outstanding principal charges shall be subject to continued penalties as provided here for each quarter in which they remain unpaid. These charges and penalties shall continue to accrue quarterly until paid regardless of whether the permit is revoked as provided here.

   (c)   Delayed billing. If the invoices for any fees due, pursuant to this section, are not mailed before the due date, these fees shall not become delinquent until 35 days following the invoice mailing date, at which time, the fees shall become delinquent and the charges and time payment factors as provided above shall apply.

   (d)   Suspension and Revocation. If the total invoiced amount is not paid by the last day of the month of any quarter in which there is an amount owing from a previous quarter, the permit shall be subject to suspension and revocation as provided in Subsection E below. Before the Board may grant any new permit, all outstanding delinquent fees and penalties must be paid.

   11.   Liability for Costs of Correction Arising from Unlawful Discharge. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) Whenever any discharger introduces or causes to be introduced wastewater in violation of this section and such discharge, either singly or by interaction with other discharges, results in damage to or is otherwise detrimental to or adversely affects the POTW, said discharger shall be liable to the City for reasonable costs necessary to correct that discharge, detriment or adverse effect, including, but not limited to labor, material, inspection, transportation, overhead, and incidental; expenses associated with the corrective action. The discharger shall additionally be liable to the City for the reasonable costs of investigation by the City arising from the unlawful discharge.

   E.   Enforcement

   1.   Notification of Violation. When the Director finds that a discharger has violated, or continues to violate, any provision of this section, an Industrial Wastewater Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may serve upon that discharger a written Notice of Violation. Within ten days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the discharger to the Director. Submission of such a plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.

   2.   Administrative Orders. When the Director finds that a discharger has violated, or continues to violate, any provision of this section, or order issued hereunder, or any pretreatment standard or requirement of the Industrial Wastewater Permit, the Director may issue an Administrative Order to the discharger responsible for the discharge directing that the discharger come into compliance. If the discharger does not come into compliance with the Administrative Order, the Director may suspend and revoke the Industrial Wastewater Permit and request the Board to disconnect or permanently block the discharger’s connection and/or refer the discharger to the City Attorney to seek Civil Penalties or Criminal Prosecution, if such action is necessary to ensure permanent compliance.

   3.   Suspension of Industrial Wastewater Permit.

   (a)   Permit Suspension Criteria. The Director may suspend an Industrial Wastewater Permit when such a suspension is necessary in order to collect payment of delinquent fees or stop a discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment, or which either singly or by interaction with other discharges, is an imminent hazard to the POTW or places the City in violation of its NPDES permit.

   (b)   Discharger Response to Suspension Notification. Any discharger notified of a suspension of that discharger’s Industrial Wastewater Permit shall immediately cease and desist the discharge of all industrial wastewater into the POTW. Any discharger notified of a suspension of that discharger’s Industrial Wastewater Permit issued for a private sewage disposal system shall immediately cease and desist the discharge of industrial wastewater into both the private sewage disposal system and the POTW.

   (c)   Failure of Discharger to Comply with a Suspension Order. In the event of a failure of a discharger to comply voluntarily with a suspension order, the Board may take such steps as are reasonably necessary to ensure compliance. These include, but are not limited to, immediate blockage or disconnection of the discharger’s connection to the POTW, and a request to the Department of Water and Power that it discontinue water service of the affected property until full compliance with the Notice to Comply has been achieved.

   (d)   Notice of an Intended Order of Suspension. The Director in the event of violation of this section, may serve the discharger with a notice of an intended order of suspension, stating the reasons therefor, the opportunity for a hearing with respect thereto, and the proposed effective date of the intended order.

   (e)   Order of Suspension Board Hearing. Any discharger whose Industrial Wastewater Permit is suspended or served with a notice of an intended order of suspension may file with the Executive Officer of the Board a request for a Board hearing with respect thereto. Filing of such request shall not stay a suspension. In the event a suspension of a permit due to imminent hazard related to continued discharge, the discharger may request a hearing, and the Board or a hearing examiner designated by the Board for that purpose, shall conduct a hearing within three days of receipt of the request. In the event of hearing requests, for other than an imminent hazard suspension, the Board shall hold a hearing on the suspension within 14 days of receipt of the request. At the close of the hearing, the Board shall make its determination whether to terminate, or conditionally terminate the suspension imposed by the Director, or the Board may cause the permit to be revoked. Except in the case of a hearing within three days being required as above provided, reasonable notice of the hearing shall be given to the suspended discharger in the manner provided for in Subdivision 7. of Subsection E. of this section.

   (f)   Stay of Order of Suspension. In the event that the Board fails to meet within the time set forth above or fails to make a determination within 72 hours after the close of the hearing, the order of suspension shall be stayed until a Board determination is made with respect to the action of the Director.

   (g)   Reinstatement of Industrial Wastewater Permit. The Director shall reinstate the Industrial Wastewater Permit upon proof of compliance which ends the emergency nature of the hazard created by the discharge that had been cause for the Director to initiate the suspension, provided that the Director is satisfied that all discharge requirements of this section, the Board’s Rules and Regulations, and any Board order will be implemented.

   4.   Revocation of Industrial Wastewater Permit. The Board may revoke an Industrial Wastewater Permit upon a finding that the discharger has violated any provision of this section or the Board’s Rules and Regulations. No revocation shall be ordered until a notice and hearing on the question has been held by the Board as provided in Subdivisions 6. and 7. of this Subsection E. of Section 64.30.

   5.   Additional Emergency Remedial Measures. The Director shall have full power and authority to take any necessary precautions including but not limited to, decontamination, sewer closure, packaging, diking, and transportation of materials, in order to protect life, protect property, or prevent further damage resulting from a condition that is likely to result in a discharge which presents an imminent hazard to the public health, safety or welfare; or which either singly or by interaction with other discharges, is an imminent hazard to the POTW; or which places the City in violation of its NPDES permit. In the pursuit of such an operation, City personnel, any party contracting with the City, or duly authorized representative of another governmental agency shall have immediate access to the premises. The Director may prohibit approach to the scene of such emergency by any person vehicle, vessel or thing, and all persons not actually employed in the extinguishment of the condition or the preservation of lives and property in the vicinity thereof.

   6.   Board Hearing.

   (a)   Appointment of Hearing Examiner. With respect to permit revocation or suspension hearings, the Board may conduct the hearing or may appoint one or more examiners or designate one or more of its members to serve as hearing examiners and to conduct a hearing with respect to any appeal or protest filed. At such hearing the discharger may appear personally or through counsel, cross-examine witnesses and present evidence in the discharger’s behalf.

   (b)   Board Decision. The hearing examiner or examiners, if other than the Board, shall submit a written report and recommendations to the Board together with a brief summary of the evidence considered and conclusions reached with respect thereto. The Board, after considering evidence presented at such a hearing, and any report submitted to it with respect to such a hearing, or after any hearing which it conducts, shall adopt findings supported by evidence, and may adopt, reject, or modify in whole or in part, make its decision, and issue its order. If the Board’s order is to revoke the discharger’s Industrial Wastewater Permit, the order may be effective forthwith, or at a later specified date. The discharger shall be notified in writing of the Board’s action.

   (c)   Compliance with Order of Revocation. Any discharger whose Industrial Wastewater Permit has been revoked shall immediately cease and desist all discharge of any wastewater covered by the Permit. The Board may disconnect or permanently block the discharger’s connection if such action is necessary to ensure compliance with the order of revocation.

   (d)   Conditions for Resumption of Discharge after Permit Revocation. After revocation of a discharger’s Industrial Wastewater Permit, there shall be no further discharge of industrial wastewater by that discharger into the POTW unless there has been a new application filed, all fees and charges that would be required upon an initial application and all delinquent fees, charges, penalties and other sums owed by the discharger and/or the applicant to the City have been paid to the City, and a new Industrial Wastewater Permit has been issued. Any costs incurred by the City, including administrative costs and investigative fees, in revoking the Permit and disconnecting the connection if necessary, shall also be paid for by the discharger before issuance of a new Industrial Wastewater Permit.

   7.   Notice. Notice of the hearing shall be given to the discharger at least ten (10) days prior to the date of hearing. Unless otherwise provided herein, any notice required to be given by the Director under this section shall be in writing and served in person or by registered or certified mail addressed to the addressee’s last known address with request for return receipt. Where no address is known, service may be made upon the owner of record of the property upon which the alleged violation occurred or by posting the notice conspicuously on the property.

   Notice shall be deemed to have been given at the time the written notice is deposited, postage prepaid, in the United States mail at Los Angeles, California.

   8.   Public Notice of Significant Noncompliant Industrial Dischargers. The Director shall identify a discharger as meeting one or more of the Significant Noncompliance (SNC) criteria listed in 40 CFR Section 403.8(f)(2)(viii) and shall publish notice in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW. The criteria for SNC shall be as follows:

   (a)   Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits;

   (b)   Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement, including Instantaneous Limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

   (c)   Any other violation of a Pretreatment Standard or Requirement (Daily Maximum, long- term average, Instantaneous Limit or narrative standard) that the Director determines has caused, alone or in combination with other discharges, Interference or Pass Through, including endangering the health of POTW personnel or the general public;

   (d)   Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Director’s exercise of its emergency authority to halt or prevent such a discharge;

   (e)   Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in the permit or enforcement order for starting construction, completing construction or attaining final compliance;

   (f)   Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical Pretreatment Standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

   (g)   Failure to accurately report noncompliance; or

   (h)   Any other violation(s), which may include a violation of Best Management Practices, which the Director determines will adversely affect the operation or implementation of the local pretreatment program.

   9.   Penalties for Violations.

   (a)   Criminal Penalty. Except as expressly provided, violation of this section or any order issued by the Board or the Director as authorized by this section is a misdemeanor punishable by a fine not to exceed $1,000.00 per violation per day or by imprisonment in the County jail for a period of not more than six (6) months, or by both such fine and imprisonment.

   (b)   Injunctive Relief. Whenever a discharger of wastewater is in violation of this section or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the Board or the Director may cause the City to seek a petition to the Superior Court for the issuance of a preliminary or permanent injunction, restraining order, or other order, as may be appropriate in restraining the continuance of such discharge.

   (c)   Civil Liability. Any person who violates any provision of this section or any term or condition of any permit issued pursuant to this section or plan approval which prohibits or limits the discharge of any waste imposes any pretreatment requirement shall be civilly liable to the City in a sum of not to exceed $25,000 a day for each violation.

   (d)   Administrative Complaint. The Director may issue an administrative complaint to any person who violates any requirement of this section. The administrative complaint shall allege the act or failure to act that constitutes a violation of this section, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty.

   F.   Conflict. Provisions of this section shall prevail over any other inconsistent or conflicting provisions of this chapter.

SEC. 64.30.1. INDUSTRIAL WASTES TREATED BY COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY (CSDLA).

   (Amended In Entirety by Ord. No. 173,980, Eff. 7/1/01.)

   (a)   Industrial Wastewater. For purposes of this section “industrial wastewater” shall mean all water carried wastes and wastewater of the community excluding domestic wastewater and uncontaminated water, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes of nonhuman origin.

   (b)   Dischargers in the City whose Wastewater is Treated by CSDLA. Dischargers of industrial wastewater whose wastewater is treated and disposed of in wastewater treatment facilities owned and operated by the County Sanitation Districts of Los Angeles County, and who are in the City of Los Angeles but not in a County Sanitation District shall comply with all ordinances and regulations of said districts which would be applicable to such dischargers if they had been in a district.

   (c)   Fees and Charges. Such dischargers shall pay, to the districts, charges equivalent to those imposed by the districts pursuant to the Districts’ Industrial Wastewater Treatment Surcharge as if the discharge were within a district using the same sewer system.

   (d)   Districts Responsibilities. The district shall have the responsibility to bill and serve all such charges. It shall have the right to sue and collect in its own name any such charges that may be delinquent.

SEC. 64.31. SEPTAGE DISPOSAL CONTROL.

   (Added by Ord. No. 172,118, Eff. 8/31/98.)

   A.   General Provisions.

   1.   Objectives. This section sets forth regulations and requirements for accepting septage for discharge to the City’s Publicly Owned Treatment Works (P.O.T.W.). Through a Permit, monitoring and an inspection program, the City seeks to ensure compliance with all applicable Federal and State regulations and seeks to assure implementation of the following objectives:

   (a)   To protect the health, safety and welfare of the public;

   (b)   To protect the health and safety of the P.O.T.W. operating and maintenance personnel;

   (c)   To protect the P.O.T.W. and its operations and treatment processes from harmful pollutants;

   (d)   To prevent any hazardous wastes from being discharged to the P.O.T.W.;

   (e)   To provide cost recovery for its services, including wastewater treatment administration, operations, maintenance, expense and equipment expenditures, implementation and enforcement of the program established herein.

   2.   Scope. This section provides for the regulation of the discharge of septage to the City’s P.O.T.W., through the issuance of Septage Disposal Permits, enforcement of discharge prohibitions, designation of discharge sites, requirements for waste tracking and load manifesting. This section further establishes fees for the recovery of all program costs. Except as otherwise provided herein, the Director of the Bureau of Sanitation (Director) under the jurisdiction of the Board of Public Works (Board) shall administer, implement and enforce the provisions of this section. This section applies to all Septage Haulers who discharge septage to the City’s P.O.T.W.

   B.   Septage Disposal Rules and Regulations. The Board shall adopt Rules and Regulations consistent with the provisions of this section, to effectuate its intent and purpose in regulating the discharge of septage to the City’s P.O.T.W. and to administer the operations of any designated discharge site. These Rules and Regulations shall be titled “RULES AND REGULATIONS GOVERNING DISPOSAL OF SEPTAGE INTO THE P.O.T.W. OF THE CITY OF LOS ANGELES”, herein referred to as the Board’s Septage Disposal Rules and Regulations.

   C.   Septage Disposal Permit. No person may discharge or cause to be discharged any septage to the City’s P.O.T.W. without first obtaining a Septage Disposal Permit in writing from the Director. A separate Septage Disposal Permit shall be required for each vehicle used to haul septage for discharge to the City’s P.O.T.W.

   1.   Permit Application. To obtain a Septage Disposal Permit, an application must be filed with the Director in the prescribed form and must be accompanied by the applicable fees. The applicant must submit the following information for evaluation:

   (a)   Name, address of any and all principals, owners, major shareholders of the company applying for the Permit (whichever is applicable).

   (b)   State Vehicle License Number and Vehicle Identification Number (VIN) of the septage hauling vehicle to be permitted.

   (c)   Copy of the applicant company’s City Business Tax Registration Certificate (BTRC).

   (d)   Copy of the applicant company’s Los Angeles County Health Department License and vehicle registration number.

   (e)   The total septage hauling capacity, in gallons, and that of each compartment in the vehicle, to be permitted.

   (f)   Any other information deemed by the Director to be necessary to evaluate the applicant’s Permit application.

   2.   Permit Conditions. Septage Disposal Permits are subject to all provisions of this Code, all applicable statutes, Rules and Regulations, fees and charges established by the City. This Permit must be kept on the permitted vehicle used to haul septage and available for immediate inspection at all times. The Director has the authority to impose additional Permit conditions as follows:

   (a)   Prohibitions and/or “discharge limitations” for discharge of specific pollutants.

   (b)   Requirements for maintaining, submitting and affording City access to waste hauling records or Septage Manifests.

   (c)   Requirements for wastewater sampling and analysis.

   (d)   Other Permit conditions deemed appropriate and as recommended by the Director to ensure compliance with this section.

   3.   Duration of Permit. A Septage Disposal Permit is valid for one year. A Permit may be issued for a period less than a year or may be stated to expire on a specific date, not to exceed one year from the date of Permit issuance.

   4.   Renewal of Permit. Applications for Permit renewal must be filed with the Director a minimum of sixty (60) days prior to the Permit’s expiration date. A permittee must pay any delinquent fees or charges, in full, prior to Permit renewal.

   5.   Non-Transferability. A Septage Disposal Permit, identification decal or card and any site access card or key shall be issued to a specific permitted vehicle and is not transferable from one business or vehicle to another.

   D.   Prohibitions and Limitations. The following prohibitions and limitations shall apply to all persons discharging septage to the City’s P.O.T.W.

   1.   Discharge Prohibitions

   (a)   Except as expressly allowed through a Septage Disposal Permit, Septage Haulers are subject to the “discharge prohibitions” specified in Section 64.30, Subsection B.1. of the Code for all loads discharged to the City’s P.O.T.W.

   (b)   Discharge of septage to any portion of the City’s storm drain system or the Waters of the State is expressly prohibited.

   (c)   No person may discharge, attempt to discharge or cause the discharge of septage, directly or indirectly to the City’s P.O.T.W. through any sewer maintenance hole or through any other sewer connection not specifically approved as a designated discharge site.

   (d)   Discharge of septage consisting of materials mixed from different types of septage is prohibited as specified under Section 5 of the Board’s Septage Disposal Rules and Regulations.

   2.   Specific Pollutant Limitations. Septage Haulers are subject to specific pollutant limitations specified in Section 64.30, Subsection B.2. of the Code for all loads discharged to the City’s P.O.T.W., except when discharging domestic septage, other than portable toilet waste, to the City’s P.O.T.W.

   E.   Septage Manifests. As part of a septage tracking system, a manifest, in a form prescribed by the Director, must be completed and submitted by every Septage Hauler for each generator or source of septage to be discharged to the City’s P.O.T.W.

   The manifest for each load being transported must be fully completed and be available, in the transport vehicle, for inspection by the City inspector at the time of discharge of such loads at the designated discharge sites. The manifest must be completed and submitted according to the provisions of the Board’s Septage Disposal Rules and Regulations.

   F.   Industrial Wastewater Permit.  Upon determination by the Director, a generator of Industrial Wastewater or non-domestic septage, who intends to discharge such wastes at a designated discharge site, may be required to obtain an Industrial Wastewater Permit, per the requirements of Section 64.30, Subsection C.1. of the Code.

   G.   Physical or Chemical Analysis. The Director may require physical and chemical analysis of any septage hauled by any Septage Hauler before permission is granted to discharge to the City’s P.O.T.W. The Director may also collect and analyze samples of septage to determine its compliance with any applicable wastewater discharge pollutant limitations or requirements.

   H.   Right to Reject. The Director may reject septage from any Septage Hauler if there is reason to believe that the septage may contain hazardous waste, industrial waste or any other waste which may require a chemical analysis to determine its quality and therefore acceptability for discharge to the City’s P.O.T.W.

   I.   Discharge Sites. The Board shall designate discharge sites and may establish the hours of operation where properly permitted Septage Haulers shall be allowed to discharge properly manifested septage.

   J.   Service Area. Service Area shall mean the County of Los Angeles. The City shall not accept any septage originating from outside the County of Los Angeles unless specifically permitted by the Director as part of the Septage Disposal Permit provisions.

   K.   Fees and Charges. Septage Haulers shall pay all applicable Septage Disposal Permit fees and charges established in this section. All fees and charges collected from Septage Haulers shall be deposited in the Sewer Construction and Maintenance Fund established by Section 64.19.2 of this Code. Monies collected are to be expended for the purposes set forth in the above Subsection A.1.(e) and to provide for any appropriate refunds relative to such fees.

   1.   Determination of Fees and Charges. (Amended by Ord. No. 182,076, Eff. 4/6/12.) When necessary, as determined by the Board, the Board with the concurrence of the Office of the City Administrative Officer shall propose an appropriate and revised schedule of fees and charges. The Board shall then transmit the schedule of fees and charges to the Mayor and to the City Council for their approval and adoption.

   2.   Septage Disposal Permit Fee. (Amended by Ord. No. 182,076, Eff. 4/6/12.) An Annual Septage Disposal Permit Fee of $2,500 is required for each Septage Hauler vehicle that is permitted to discharge septage to the City’s P.O.T.W. This fee shall be paid annually at the time of submittal of each application for issuance or renewal of a Septage Disposal Permit. The fee shall be annually adjusted as shown in the table below:

Fee	Permit Fee ($/year)
July 1, 2012	3,000
July 1, 2013	3,500
July 1, 2014	4,000
July 1, 2015	4,500
July 1, 2016	5,000
July 1, 2017	5,500
July 1, 20182	6,000
July 1, 2019	6,500
July 1, 2020	7,000

 

   3.   Septage Treatment Cost Recovery User Fees. (Amended by Ord. No. 182,076, Eff. 4/6/12.) The Septage Treatment Cost Recovery User Fee rate established at Subsection D.5.(b) of Section 64.30 will be applied to the full tank capacity of the Septage Hauler’s vehicle, for each vehicle permitted by the Director.

   4.   Emergency or Special Event User Fee. (Amended by Ord. No. 182,076, Eff. 4/6/12.) An Emergency or Special Event User Fee shall be charged to any Septage Hauler requesting access to any designated septage discharge site during non-business hours. The amount of the fee will be determined by the Director and will be equal to the City’s costs to provide such a service. The fee shall recover all direct and indirect costs and shall include, at a minimum, City costs equal to the overtime salary rate of an Industrial Waste Inspector for three (3) hours. The fee will be billed to the Septage Hauler and will be charged in addition to the applicable user fee rates imposed pursuant to the provisions of Subdivision (3) of this Subsection.

   5.   Application of the Rates During an Emergency or Special Event. In the case of a major rain storm or earthquake, or other emergency as determined by the Director, or during a Special Event, as declared by the City Council, a Septage Hauler may discharge septage resulting from such emergency or Special Event at a designated septage discharge site. The Director shall screen such septage before it may be discharged to ensure that such a discharge will not adversely affect the City’s P.O.T.W. or violate any of the City’s “discharge limitations”. The Director shall bill the Septage Hauler the appropriate User Fee according to Subdivision 3. of this Subsection K.

   6.   Payment Method and Due Dates – Billing of Fees and Charges. Subject to the provisions of this subsection, all user fees and charges shall be due in quarterly installments payable on the first day of January, April, July and October, with each such payment applicable to the immediately preceding quarter. This billing method will not be available to those Septage Haulers that become delinquent with the payment of their fees and charges as defined hereunder in Subdivision 7. of Subsection K. of this section. Delinquent Septage Haulers will no longer be invoiced, following the date on which they become delinquent, and will be required to pay in guaranteed form, prior to discharge, the payment required for the discharge of each load of septage the Septage Hauler intends to discharge, in accordance with Subdivision 8.(a) of Subsection K. of this section.

   7.   Delinquency – Additional Charge. If the user fees are not paid on or before the last day of the month in which they are due, the Septage Hauler shall be deemed delinquent and will be issued a delinquent notice by the Director. Additionally, a delinquency charge equal to ten percent (10%) of the required user fees, but not less than $10.00, shall be added to said user fees, and such additional charges shall become a part of the user fees required by this section and be payable for said period.

   If the invoices for said user fees are not postmarked before the due date, such user fees shall not become delinquent until 35 days following the invoice mailing date, at which time, such user fees shall become delinquent and the additional charges and time payment factors as provided above shall apply.

   8.   Failure to pay user fee or charge. Failure to pay any user fee or charge payable under this section within 10 days after issuance of the delinquent notice by the Director shall constitute grounds for the suspension or revocation of the Permit(s) held by such Septage Hauler or for the issuance of an order by the Director under the provisions of Section 64.31 F. For purposes of this subsection, failure to pay includes a payment which has been dishonored.

   (a)   Not withstanding any other provision in this Code:

   i.   Pending a final determination by the Director to suspend or revoke a Septage Hauler’s permit(s) for failure to pay; or,

   ii.   Pending payment in full of all unpaid user fees or charges pursuant to an agreement to pay such user fees or charges, any Septage Hauler deemed delinquent under this subsection may, at the discretion of the Director, discharge septage to the City’s P.O.T.W. on a load-by-load basis on the condition that all user fees applicable for the load to be discharged are paid prior to discharge. All payments of applicable user fees and charges under this subsection shall be by way of money order, cashiers check or other guaranteed form of payment.

   (b)   Payments made under this subsection will be accepted during normal business hours at one or more locations approved by the Director.

   (c)   The remedies provided by this section are cumulative to each other and to all other remedies and penalties available to the City under law. This section shall not be construed to prevent the Director from suspending or revoking any Septage Disposal Permit for any reason set forth in Subsection F. of this section.

   L.   Enforcement. Violation of this Code, any term or condition of a Septage Disposal Permit, the Board’s Rules and Regulations, or any order issued by the Director, may subject the Septage Hauler to enforcement action as provided herein.

   1.   Cause for Enforcement Action. An enforcement action may be initiated against a permittee for any of the following reasons:

   (a)   When a discharge, singly, or by interaction with other discharges, may cause interference, pass through, or otherwise pose a significant risk of causing the City to violate its NPDES wastewater Permit requirements;

   (b)   When a discharger obtains its Septage Disposal Permit by misrepresentation or fails to disclose fully all relevant facts in either the Permit application or any report, including falsification of self-monitoring reports or manifests or tampering with monitoring equipment;

   (c)   When a discharger fails to provide timely access to its records;

   (d)   When a discharger fails to timely pay applicable fees;

   (e)   When a discharge, singly, or by interaction with other discharges, may have an adverse effect on public health, safety or welfare; on the P.O.T.W., its personnel, or on the environment;

   (f)   When a discharger exceeds effluent “discharge limitations”;

   (g)   When a discharger fails to provide a complete and accurate Septage Manifest;

   (h)   When a discharger violates any term or condition of its Septage Disposal Permit, this section, the Board’s Rules and Regulations, or any order issued hereunder; and/or

   (i)   When the Director determines that a permittee has acted in any manner inconsistent with the intent of this Code, the Septage Disposal Permit or the laws governing the operation of the City’s P.O.T.W.

   Enforcement actions as provided herein may include any or all of the following:

   2.   Notice of Violation.

   (a)   Scope of Notice of Violation. The Director may serve upon a Septage Hauler a written Notice of Violation. The Notice of Violation may require the Septage Hauler to promptly respond to the Director within a specified time period and to identify the reason(s) and cause(s) for the violation(s) and a plan for the satisfactory correction and prevention of future violations.

   (b)   Effect of Notice of Violation. Submission of the response by a Septage Hauler to a Notice of Violation does not relieve the Septage Hauler of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, whether or not a Notice of Violation has been issued.

   3.   Administrative Orders.

   (a)   Scope of Administrative Orders. The Director may issue Administrative Orders containing such terms and requirements as deemed necessary by the Director for determining the compliance status of the Septage Hauler; requiring the Septage Hauler to achieve compliance; and/or suspending the Permit(s) and requiring the cessation of discharge in whole or in part.

   (b)   Effect of Administrative Order.

   (1)   Failure of a Septage Hauler to comply with any condition or requirement set forth in any Administrative Order issued hereunder is a violation of this section and is independently enforceable for each day of a violation. An Administrative Order has the full force of law and is enforceable in a court of law. Administrative Orders shall become effective and final upon issuance by the Director.

   (2)   A Septage Hauler’s compliance with the requirements of an Administrative Order shall not relieve the Septage Hauler of liability for any violation of a Septage Disposal Permit, this section, the Board’s Rules and Regulations or other legally applicable requirements occurring before or after receipt of the Administrative Order.

   (3)   Nothing in this section shall limit the authority of the Director to take any action, including emergency actions, or any other enforcement action, whether or not an Administrative Order has been issued.

   (c)   Description of Administrative Orders. Administrative orders which the Director may issue include, but are not limited to, the following:

   (1)   Consent Orders. The Director and discharger may enter into a Consent Order establishing an agreement for achieving compliance with discharger requirements. Consent Orders reflect the agreement of the Director and discharger and are not appealable to the Board or otherwise subject to administrative or judicial appeal.

   (2)   Cease and Desist Orders. The Director may issue Cease and Desist Orders requiring dischargers, among other things, to cease and desist all such violations and directing the user to:

   (A)   Immediately comply with all Permit, Rules and Regulations and Code requirements, and;

   (B)   Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge or preventing further discharges.

   (3)   Compliance Orders. The Director may issue Compliance Orders requiring dischargers, among other things to:

   (A)   Comply with interim and/or final dates and steps for achieving compliance;

   (B)   Submit and implement a plan of corrective actions to be taken to maintain consistent and permanent compliance;

   (C)   Submit and implement a pollution prevention plan;

   (D)   Conduct additional self-monitoring; and/or

   (E)   Pay all delinquent fees and charges.

   (4)   Permit Suspension Order. The Director may issue Permit Suspension Orders suspending the right of the Septage Hauler to discharge septage to the City’s P.O.T.W. A Permit Suspension Order may be issued due to the Septage Hauler’s failure to pay applicable fees or penalties or for other good cause, including causes as specified in Subdivision 1 of this Subsection L of this section.

   4.   Suspension of Septage Disposal Permit(s).

   (a)   Notice of Intended Permit Suspension Order. The Director may serve the Septage Hauler with a Notice of Intended Permit Suspension stating the reasons therefor and the opportunity for a Show Cause Permit Suspension Hearing before the Director with respect thereto. After such hearing, the Director shall make a final determination whether to issue the Permit Suspension Order or take other enforcement action. In cases where a Septage Hauler holds multiple Septage Disposal Permits and upon determination by the Director, the Permit Suspension Order may suspend all of the Septage Hauler’s permits.

   (b)   Cessation of Discharge. Any Septage Hauler notified of suspension of its Septage Disposal Permit(s) shall immediately cease and desist the discharge of all septage previously authorized by the Permit(s) to the P.O.T.W. It is unlawful for a Septage Hauler to continue to discharge any septage to the P.O.T.W. after the Septage Hauler’s permit(s) has been suspended.

   (c)   Reinstatement of Suspended Permit(s). The Director shall require that all deficiencies, violations and causes which led to the suspension of the Septage Hauler’s permit(s), be removed and corrected and/or require that the Septage Hauler pay all of the delinquent fees, charges, penalties and other sums owed by the Septage Hauler to the City, or reach an agreement with the Board to pay such fee and charges before a suspended Permit is reinstated. Suspension of the Permit(s) does not relieve the Septage Hauler of its obligation to pay all applicable fees.

   (d)   Failure to Correct as Cause for Revocation. Failure of the Septage Hauler to take the necessary corrective actions and request reinstatement of the suspended Permit(s) within ninety (90) days following issuance of a Permit(s) Suspension Order shall be grounds for Permit(s) revocation and service termination according to Subsection 5 of this section.

   5.   Revocation of Septage Disposal Permit(s).

   (a)   Notice of Intended Permit Revocation. The Director, in the event of:

   (i)   a violation of a Septage Disposal Permit, this Code, the Board’s Rules and Regulations, any order issued hereunder; and/or

   (ii)   The Septage Hauler’s failure to pay applicable fees or penalties; and/or

   (iii)   for other good cause (including causes as specified in Paragraph (d) of Subdivision 4 of this subsection, may serve the Septage Hauler with a Notice of Intended Permit Revocation, stating the reasons therefore and the opportunity for a Show Cause Permit Revocation Hearing before the Director with respect thereto. After such hearing, the Director shall make a final determination whether to revoke the Permit(s) or take other enforcement action. In cases where a Septage Hauler holds multiple Septage Disposal Permits, the Director may revoke all of the Septage Hauler’s permits.

   (b)   Cessation of Discharge. Any Septage Hauler notified of the revocation of its Permit(s) shall immediately cease and desist the discharge of all septage previously authorized by the Permit(s) to the P.O.T.W. It is unlawful for a Septage Hauler to continue to discharge any septage to the P.O.T.W. after Permit(s) has been revoked.

   (c)   Issuance of New Septage Disposal Permit Subsequent to Revocation. After revocation of a Septage Hauler’s permit(s), there shall be no further discharge of any septage by the Septage Hauler to the P.O.T.W., unless there has been a new application filed, all fees and charges that would be required upon an initial application and all delinquent fees, charges, penalties and other sums owed by the Septage Hauler and/or the applicant to the City have been paid to the City, or the Septage Hauler has reached an agreement with the Board to pay such charges and fees, and a new Septage Disposal Permit has been issued. Any costs incurred by the City, including administrative costs and investigative fees, in revoking the Septage Disposal Permit(s) shall also be paid for by the Septage Hauler before issuance of new Septage Disposal Permit(s).

   6.   Appeals and Hearings.

   (a)   Appeals. Upon the issuance of an Administrative Order or notification of Permit revocation by the Director, a Septage Hauler may, within 14 days from service of the Director’s order or notice, submit a written request to the Secretary of the Board for a Board hearing to appeal said order or notice.

   The filing of said appeal does not act to stay any enforcement action or time set for compliance nor does said filing of an appeal in any way relieve the Septage Hauler from any liability or responsibility for the violation which is the subject of the appeal. Nothing in this section shall act to limit the authority of the Director to take any action, including emergency actions or any other enforcement actions, whether or not a request for appeal has been made. Failure of the Septage Hauler to request a hearing within the specified time or failure to pay any required filing fees shall be deemed a waiver of request for such a hearing.

   In the event of a hearing request to consider an Administrative Order or notification of Permit Revocation as determined by the Director, the Board, or a hearing examiner designated by the Board for that purpose, upon written request by the Septage Hauler, shall conduct the hearing to consider the appeal of said order or notice within a reasonable period of time with consideration shown for the convenience and necessity of all parties and their representatives.

   (b)   Hearings.

   (1)   At the hearing the Director shall submit, for the record, evidence to support the issuance of the Administrative Order or notification of Permit Revocation which is the subject of the appeal. The Septage Hauler shall have the opportunity prior to the hearing to examine the evidence to be submitted by the Director. The Septage Hauler or counsel should be present at the hearing and will be given the opportunity to present any relevant evidence or witnesses, and ask questions or make comments concerning the Director’s evidence and testimony. Failure of the Septage Hauler or the Septage Hauler’s representative to appear at the hearing after receiving notice of the hearing shall be deemed a waiver of hearing rights.

   (2)   At the conclusion of the hearing, the Board shall make findings and determine whether the evidence presented at the hearing supports the issuance of the Administrative Order or notification of Permit Revocation which is the subject of the appeal.

   (c)   Notification. Only those persons who request a hearing need be notified of the date and time of the hearing. The Board Secretary shall make said notification at least ten (10) days prior to the date of the hearing by certified mail, postage prepaid, return receipt requested, to the address as shown on the hearing request.

   (d)   Continuances. The Board may grant continuances; however when a hearing examiner has been assigned to such hearing, no continuances may be granted except by that hearing examiner, for good cause shown, so long as the matter remains before the hearing examiner.

   (e)   Reporting. The proceedings at the hearing shall be reported by an electronic recording if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the prescribed fee therefor.

   (f)   Oaths-Certification. In any proceedings under this division, the Board, any Board member, the secretary of the Board or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts.

   (g)   Appointment of Hearing Examiner(s). Whenever an appeal or protest is made to the Board pursuant to this section, the Board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners, and direct such hearing examiner or examiners to consider all or part of such appeal or protest or to conduct all or part of such hearing and to submit a report or reports thereon as hereafter provided. Hearing examiners may, be appointed from among the officers or employees of the City.

   (h)   Report of Hearing Examiner. Within such period as may be fixed by the Board, the hearing examiner shall submit a written report to the Board. Such report shall contain a brief summary of the evidence considered and shall state the hearing examiner’s conclusions and recommendations, and if the matter is then ready for decision, the report shall contain a proposed decision, in such form that it may be adopted by the Board as its decision in the case, and a brief statement of the hearing examiner’s reasons therefor. All hearing examiner’s reports shall be filed by the secretary of the Board as public records. A copy of each proposed decision so filed shall then be mailed by the Secretary of the Board to each party.

   (i)   Consideration of Report by Board. The Board shall fix a time when the Board will consider the report of the hearing examiner. Notice thereof shall be mailed by the Board Secretary to each party not less than ten (10) days prior to the date fixed, unless otherwise stipulated. Not later than five (5) days before such date any party may file written exceptions to any part or all of the hearing examiner’s report.

   (j)   Disposition by Board.

   (1)   After considering the hearing examiner’s report and any exceptions, proposals, and arguments submitted, the Board may adopt, reject, or modify such report in whole or in part. If the matter is then ready for decision, the Board may proceed to make its decision.

   (2)   If the Board does not decide the matter upon the hearing examiner’s report, the Board may itself consider the matter either in whole or in part, upon the record, including the transcript, or may decide the matter after itself receiving the whole or any part of the evidence or may refer part or all of the matter to the same or another hearing examiner. If part of the matter is so referred to an hearing examiner, such hearing examiner shall prepare and submit to the Board a report, including a proposed decision as provided in this section, upon the evidence heard by such hearing examiner, and the papers, records, and reports which are part of the record of the prior hearing, and thereafter the matter shall proceed as heretofore provided in the case of an original hearing examiner’s report. If additional evidence is received by the Board itself, no member thereof may vote on the matter unless the member has heard the additional testimony or has read a reporter’s transcript of the same, or if there was other additional evidence, unless the member has considered such other additional evidence. The Board shall give such notice of its decision as is provided or required in cases where it makes no reference to a hearing examiner.

   (k)   Duty to Exhaust Administrative Remedies. A Septage Hauler has the legal obligation to exhaust administrative remedies. Failure of a Septage Hauler to pursue its appeal rights hereunder or to appeal the Director’s decision is a waiver of such rights. Accordingly, any action of the Director which was subject to review by the Board under this subdivision, but was not appealed to the Board, shall not be subject to judicial review in any civil proceeding.

   7.   Judicial Enforcement Remedies.

   (a)   Injunctive Relief. Whenever a Septage Hauler has violated or continues to violate the provisions of a Septage Disposal Permit, this section, Board’s Rules and Regulations or any order issued hereunder, the Director, through the City Attorney, may petition the Superior Court for the issuance of a temporary or permanent injunction, as may be appropriate, which restrains or compels the specific performance of the order or other standard or requirement imposed by this section on activities of the Septage Hauler. The Director may also seek such other relief as may be appropriate including a requirement for the Septage Hauler to conduct environmental remediation. The petition for injunctive relief shall not be a bar against or a prerequisite for taking any other action against a Septage Hauler.

   (b)   Civil Liability. Pursuant to Section 54740 of the Government Code, any person who violates conditions of a Septage Disposal Permit, this section, the Board’s Rules and Regulations, any order issued hereunder, or any other provision as identified in Section 54739(a) of the Government Code, may be civilly liable in a sum of not to exceed twenty-five thousand dollars ($25,000) a day for each violation. The local agency may petition the superior court to impose, assess, and recover such sums.

   Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal, but no liability shall be recoverable under this section for any violation for which liability is recovered under Subdivision 8 of this section.

   (c)   Criminal Liability. It shall be unlawful for any person to violate any condition of a Septage Disposal Permit, this section, the Board’s Rules and Regulations, or any order issued hereunder. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, the Board’s Rules and Regulations or, any order issued by the Director pursuant to this Code shall be guilty of a misdemeanor and said violation shall be punishable by a fine of not more than $1,000.00 for each offense or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment.

   Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of a Septage Disposal Permit, this Code the Board’s Rules and Regulations, or any order issued hereunder, by such person, and each such violation shall be punishable accordingly. Nothing in this Code shall prohibit the payment of investigative costs by any person so convicted of violating any of the mandatory requirements of this Code, the Board’s Rules and Regulation or, any order issued by the Director pursuant to this Code, to the Bureau of Sanitation, to reimburse said agency for all costs expended to investigate and/or enforce the requirements of this Code, the Board’s Rules and Regulations or, any order issued by the Director pursuant to this Code.

SEC. 64.32. PRIVIES – PROHIBITED.

   (Added by Ord. No. 127,508, Eff. 6/29/64.)

   No privy shall be used or maintained within the City of Los Angeles except as follows: A temporary, sanitary approved-type pit latrine may be used in demonstrations of basic sanitation by recognized groups such as civil defense organizations, when the location and conditions of such use have been inspected and approved by the health officers.

   When abandoned, all privy vaults must be filled with clean earth.

SEC. 64.33. TESTING AND ANALYSIS OF MATERIALS, PRODUCTS, SERVICES, PROCESSES AND TECHNOLOGIES.

   (Added by Ord. No. 162,868, Eff. 11/22/87.)

   Any person or firm seeking the approval of or the testing and analysis by the Department of Public Works of any material, product, service, process or technology relating to this chapter shall first obtain a Class “B” permit pursuant to Sections 62.106, 62.108 and 62.110, and shall be required to pay the total costs incurred by the City for any such testing and analysis.

ARTICLE 4.1 SEWER SERVICE CHARGE

(Added by Ord. No. 143,605, Eff. 8/3/72.)

Section

64.41.01   Definitions.

64.41.03   Charges.

64.41.05   Billing – Collection – Payment of Charges – Delinquency Penalties.

64.41.07   Adjustments – Exemptions – Appeals.

64.41.09   Dispositions of Funds.

64.41.10   Sewer Service Charges Held in Trust.

64.41.11   Annual Review.