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CHAPTER 19: PUBLIC WORKS
ARTICLE I. SEWERAGE SYSTEM; WASTEWATER DISPOSAL
DIVISION 1. GENERAL PROVISIONS
19-1. Purpose and policy
DIVISION 2. WASTEWATER COLLECTION/CONVEYANCE SYSTEM
19-10. Service connections
19-11. Connection to mains to be maintained by owner
19-12. Demolition and abandonment of services premises
19-13. Availability of capacity; restriction of discharge rate
19-14. Excessive sewer maintenance expense
19-15. Damage to city's municipal wastewater system; creation of other liability
19-16. Provisions for extension of system
19-17. Special provision for extension of system
DIVISION 3. WASTEWATER INTRODUCTION INTO THE CITY'S MUNICIPAL WASTEWATER SYSTEM
19-25. Prohibited; discharge standards
19-26. Local limits
19-27. Federal categorical pretreatment standards
19-28. Medical and infectious wastes
19-29. City's right of revision
19-30. Special agreements
DIVISION 4. PRETREATMENT OF INDUSTRIAL WASTEWATER
19-35. Pretreatment facilities
19-36. Additional pretreatment measures
19-37. Separation of domestic and industrial wastewater
19-38. Spill prevention plans
19-39. Accidental discharge/slug control plans
19-40. Tenant and owner responsibilities
19-41. Discharges of wastes or wastewater into the system from vehicles
19-43. Discharges from food establishments, vehicle maintenance facilities, and commercial and industrial laundries
19-44. Maintenance of grease interceptors and gravity separation devices
19-45. Limitations on the use of garbage grinders
DIVISION 5. INDUSTRIAL WASTEWATER DISCHARGE PERMIT SYSTEM
19-50. Industrial wastewater analysis
19-51. Industrial wastewater discharge permit requirements
19-53. Extra-jurisdictional industrial users
19-54. Industrial wastewater discharge permit application contents
19-55. Application signatories and certification
19-64. Continuation of expired industrial wastewater discharge permits
19-65. Municipal user permits
DIVISION 6. REPORTING REQUIREMENTS
19-70. Monitoring facilities
19-71. Baseline monitoring reports
19-72. Compliance schedules
19-73. Report on compliance with categorical pretreatment standard deadline
19-74. Periodic compliance reports
19-75. Report of changed conditions
19-76. Reports of potential problems
19-77. Reports from unpermitted users
19-78. Notice of violation; repeat sampling and reporting
19-79. Analytical requirements
19-80. Sample collection
19-81. Monitoring charges
19-83. Record keeping
DIVISION 7. COMPLIANCE MONITORING
19-90. Right of entry; inspection and sampling
19-91. Inspection; search warrants
19-92. Confidential information
19-93. Publication of significant violators
DIVISION 8. ADMINISTRATIVE ENFORCEMENT REMEDIES
19-100. Notification of violation
19-101. Consent orders
19-102. Order to show cause
19-103. Administrative compliance orders
19-104. Cease and desist orders
19-105. Administrative fines
19-106. Emergency suspensions
19-107. Termination of discharge
DIVISION 9. JUDICIAL ENFORCEMENT REMEDIES
19-115. Injunctive relief
19-116. Civil penalties
19-117. Criminal prosecution
19-118. Remedies nonexclusive
DIVISION 10. SUPPLEMENTAL ENFORCEMENT ACTION
19-125. Performance bonds
19-126. Liability insurance
19-127. Water supply severance
19-128. Informant rewards
DIVISION 11. MISCELLANEOUS PROVISIONS
19-133. Wastewater rates
19-134. Fees and charges
19-135. Collection of fees
19-136. Billing and collection - delinquent wastewater bill
19-137. Out-of-city service fees
19-138. Connection fees
19-139. Private water supply fees
19-140. Appeal fee
19-141. IWD permit fee
19-142. Service fees
19-143. Pretreatment charges and fees
ARTICLE II. SOLID WASTE; RECYCLING
DIVISION 1. IN GENERAL
19-152. Establishment of regulations by city manager
19-153. Hours of operation and charges set by city council
19-154. Compliance with article
DIVISION 2. REMOVAL AND DISPOSAL OF SOLID WASTE
19-160. Solid waste on private property
19-161. Solid waste on streets, alleys and city property
19-162. Notice to remove solid waste; appeal of notice
19-163. Removal of solid waste by city
19-164. Charges for removal and disposal of solid waste by city
19-165. Street sweeping
19-166. Trucks transporting solid waste or recyclable materials
19-167. Burning solid waste
19-168. Hazardous waste in solid waste containers
19-169. Residential subdividers to pay for solid waste containers
DIVISION 3. COLLECTION AND CHARGES
19-175. Exclusive right to collect solid waste
19-176. Extra nonresidential service
19-177. Unauthorized collection
19-178. Interference with collection
19-179. Interference with solid waste containers
19-180. Collection in annexed areas
19-181. Occupants liable for charges; charges to be billed to water meter user
19-182. Charges added to utility bill; payment; adjustment for higher rates
19-183. Delinquent bill; authority to discontinue utility service
19-184. Billing and collection - delinquent refuse bill
DIVISION 4. RECYCLABLE MATERIALS
19-190. Collecting, transporting, processing and marketing recyclables
19-191. Recycling containers; removal or interference
19-192. Placement of recycling containers
19-193. Title to recyclable materials
19-194. Recycling collection services
DIVISION 5. HAZARDOUS MATERIALS
19-200. Underground storage
ARTICLE III. STREETS AND SIDEWALKS
DIVISION 1. ENCROACHMENTS AND EXCAVATIONS
19-206. Permit required
19-207. Application; indemnification of city
19-208. Work without a permit; review fees
19-209. Duration of permit
19-210. Utility encroachment permit
19-211. Specifications for work
19-212. Inspection of concrete work
19-213. Testing and certification of work
19-214. Protection of public
19-215. Removal of items
19-216. Acceptance of work; security
19-217. Certificate of occupancy; elimination of driveways
19-218. Use of city forces; charge
19-219. Charge for extra work
19-220. Permit fees
19-221. Street cut fee; waiver
19-222. Periodic inspection and repair by franchised utilities
19-223. Periodic inspection and repair by city utilities
DIVISION 2. STREET NUMBERING
19-230. Street numbering system
19-231. Duty to affix number; type and size
DIVISION 3. USE OF CITY STREETS AND HIGHWAYS BY OVERWEIGHT VEHICLES
19-241. Special permit required
19-242. Designated streets
19-243. Authority to issue special permit
19-244. Application required
19-245. Special permit conditions
19-246. Vehicle trip logs
19-247. Furnishing proof of compliance with this division
19-248. Revocation of permit
19-249. Rules and regulations
19-250. Other permits
ARTICLE I. SEWERAGE SYSTEM; WASTEWATER DISPOSAL
DIVISION 1. GENERAL PROVISIONS
(A) This article sets forth uniform requirements for users of the municipal wastewater system of the city (system) and enables the city to comply with all applicable State and federal laws including the Clean Water Act (33 USC Sections 1251 et seq.), general pretreatment regulations (40 CFR Part 403), and the requirements of the city's national pollutant discharge elimination system (NPDES) permit. The objectives of this article are:
(1) To prevent the introduction of pollutants into the system that will pass through the system inadequately treated, enter receiving waters, or otherwise interfere with or be incompatible with the system;
(2) To protect city employees who may be affected by wastewater and sludge in the course of their employment and the general public;
(3) To promote reuse and recycling of wastewater and biosolids from the system;
(4) To provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the system; and
(5) To enable city to comply with its NPDES permit conditions, sludge use and disposal requirements and any other federal or State laws and regulations to which the system is subject.
(B) This article authorizes the issuance of industrial wastewater discharge permits; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(C) This article shall apply to all persons within the city who use the system and to persons outside the city who, by contract with the city, are included as users of the system. By discharging wastewater into the system, users located beyond the city limits agree to comply with the terms and conditions established in this article, as well as any permits, contracts or orders issued hereunder.
(`64 Code, Sec. 25-1) (Ord. No. 2494)
(A) Except as otherwise provided herein, the city manager shall administer, implement and enforce the provisions of this article.
(B) The city manager is authorized to promulgate regulations and standards reasonably necessary to protect the system, to comply with all applicable federal and State laws required by the Act and the general pretreatment regulations, to control and regulate the proper use of the system, to regulate the rate of flow and the quality and quantity of wastewater discharges to the system, to prevent overflow, and to provide for the issuance, suspension or revocation of industrial wastewater discharge (IWD) permits; provided, however, the regulations shall be consistent with the provisions of this article and formulated to result in the uniform control of the system.
(`64 Code, Sec. 25-2) (Ord. No. 2494)
For purposes of this article, the following abbreviations, shall have the designated meanings:
(A) BOD – biochemical oxygen demand;
(B) BMP – Best Management Practice;
(C) BMR - Baseline Monitoring Report;
(D) CFR – Code of Federal Regulations;
(E) CIU - Categorical Industrial User;
(F) COD – chemical oxygen demand;
(G) EPA – U.S. Environmental Protection Agency;
(H) gpd - gallons per day;
(I) IU - Industrial User;
(J) IWD - industrial wastewater discharge;
(K) LC50 - lethal concentration for 50 percent of the test organisms;
(L) L - liter;
(M) mg - milligrams, mg,/l - milligrams per liter;
(N) NPDES - national pollutant discharge elimination system;
(O) NSCIU - Non-Significant Categorical Industrial User;
(P) O&M - operation and maintenance;
(Q) RCRA - Resource Conservation and Recovery Act;
(R) SIC - Standard Industrial Classification;
(S) SIU - Significant Industrial User;
(T) SNC - Significant Noncompliance;
(U) SWDA - Solid Waste Disposal Act (42 USC Sections 6901 et seq.);
(V) TDS - total dissolved solids;
(W) TSS — total suspended solids;
(X) TTO - total toxic organics; and
(Y) USC - United States Code.
(`64 Code, Sec. 25-3) (Ord. No. 2494, 2761)
For the purposes of this article, the following words shall have the following meanings:
(A) ACT - The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC Sections 1251 et seq.
(B) APPROVAL AUTHORITY - California State Water Resources Control Board or Regional Water Quality Control Board, Los Angeles Region.
(C) AUTHORIZED REPRESENTATIVE OF THE USER -
(1) If the user is a corporation, a responsible corporate officer. For the purpose of this paragraph, a responsible corporate officer means:
(a) The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
(b) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and to initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.
(3) If the user is a federal, State, or local government entity, the principal executive officer or director having responsibility for the overall operation of the discharging facility.
(4) A duly authorized representative of the individual designated in subsections (1), (2), or (3) of this subsection (C) if:
(a) The authorization is made in writing by the individual described in paragraph (1), (2), or (3);
(b) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager, operator of a well, or a well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
(c) The written authorization is submitted to the city.
(D) BIOCHEMICAL OXYGEN DEMAND - Quantity of oxygen utilized in the biochemical oxidation of organic material under standard laboratory procedures for 5 days at 20 degrees centigrade, usually expressed as a concentration such as mg/l.
(E) BEST MANAGEMENT PRACTICES (BMPs) - The schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 19-25(A) and (B) [40 CFR 403.5(a)(1) and (b)] including treatment requirements, operating procedures, practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage and also including alternative means (i.e., management plans) of complying with, or in place of certain established categorical Pretreatment Standards and effluent limits.
(F) BUILDING SEWER - A sewer conveying wastewater from the premises of a person to the public sewer, private sewer, individual wastewater disposal system or other approved point of disposal.
(G) BYPASS - The intentional diversion of waste and/or wastewater from any portion of a user's pretreatment facility.
(H) CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD - Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 USC Section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471, incorporated herein by reference.
(I) CATEGORICAL INDUSTRIAL USER - An industrial user subject to a categorical pretreatment standard or categorical standard.
(J) [CITY] - The City of Oxnard or the City Council of Oxnard.
(K) CHEMICAL OXYGEN DEMAND (COD) - A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
(L) COLOR - The optical density at visual wave length of maximum absorption, relative to distilled water in which 100% transmittance is equivalent to zero optical density.
(M) COMPLIANCE SCHEDULE - A schedule containing increments of progress, in the form of dates, for the commencement and completion of major events leading to the construction and operation of pretreatment equipment and/or systems required for the user to meet applicable pretreatment standards.
(N) COMPOSITE SAMPLE - The sample resulting from the combination of individual wastewater samples taken at selected intervals, based on an increment of either flow or time.
(O) CONNECTION - The part of any sewer extending from a sewer main in a public easement or right-of-way to private property for exclusive use of the property.
(P) CONTROL AUTHORITY - The city.
(Q) COOLING WATER - The water discharged from any use, including but not limited to, air conditioning, cooling or refrigeration units to which the only pollutant added is heat.
(R) DAILY MAXIMUM - The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
(S) DAILY MAXIMUM LIMIT - The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
(T) DISCHARGE - The discharge or the introduction of pollutants into the system by a person.
(U) DOMESTIC WASTEWATER - Human excrement and gray water from such uses as household showers and dish washing.
(V) ENVIRONMENTAL PROTECTION AGENCY (EPA) - The U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, or other duly authorized official.
(W) EXISTING SOURCE - Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
(X) FEE - Any charge assessed to a person associated with the use, or continued use, of any portion of the system and includes, but is not limited to, a charge for connection or tap for new customers; monthly sewer service; IWD permit; excess capacity connection; wastewater treatment; excessive wastewater strength; laboratory testing; waste hauler's permit; oversize sewer; and noncompliance.
(Y) FOOD ESTABLISHMENT - Any facility engaged in the preparation of food products for sale. A facility engaged in the sale of food products that are wholly prepared off-site is not included within this definition.
(Z) FORMULA USERS - Those users who are regulated under the IWD permit system and billed according to a formula based on the measured or set strength and volume of their wastewater discharged.
(AA) GARBAGE - The putrescible animal and vegetable wastes resulting from the handling, preparation and consumption of foods.
(BB) GRAB SAMPLE - A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
(CC) GRAVITY SEPARATION DEVICE - A device designed, constructed, and operated for the purpose of retaining sand, silt, grit, mineral material, and oil by gravity-differential separation from wastewater.
(DD) GREASE - A varied group of compounds having the common properties of immiscibility with water and a specific gravity lower than water as determined by appropriate procedures set forth in 40 CFR Part 136.
(EE) GREASE INTERCEPTOR or INTERCEPTOR - A device of at least 750 gallon capacity designed, constructed, and operated to separate and retain grease while permitting the wastewater to be discharged into the system.
(FF) GROUND GARBAGE - The residue from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in a public sewer, with no particle greater than 1/2-inch in any dimension.
(GG) HOLDING TANK WASTEWATER - Any wastewater from holding tanks including, but not limited to, vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
(HH) INDIRECT DISCHARGE - The introduction of pollutants into the system from any non-domestic source regulated under Section 307 (b), (c), or (d) of the Act.
(II) INDUSTRIAL USER - Any producing, manufacturing, processing, institutional, commercial, agricultural or similar person that discharges, directly or indirectly, wastewater into the system that is solid, liquid or gaseous waste and contains pollutants different from, or stronger than, or with constituents other than those defined for domestic wastewater.
(JJ) INDUSTRIAL WASTEWATER - The liquid and water-carried industrial waste, whether treated or untreated, which is contributed into or permitted to enter the system.
(KK) INDUSTRIAL WASTEWATER DISCHARGE PERMIT or PERMIT - A conditionally written authorization to allow a user to utilize the system for the discharge of industrial wastewater.
(LL) INSTANTANEOUS MAXIMUM DISCHARGE LIMIT - The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
(MM) INTERFERENCE - A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the system, its treatment processes or operations or its biosolids processes, use or disposal, and that is therefore a cause of a violation of the city's NPDES permit or of the prevention of biosolids use or disposal in compliance with all applicable federal, State, or local regulations, including but not limited to: Section 405 of the Act, the SWDA, including Title II, commonly referred to as RCRA, any and all federal and State clean air acts, the Toxic Substances Control Act, and the Marine Protection, Research, and Sanctuaries Act.
(NN) LOCAL LIMIT - Specific discharge limits developed and enforced by [the City] upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
(OO) MASS EMISSION RATE - The weight of material discharged to the system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents.
(PP) MEDICAL WASTE - Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
(QQ) MONITORING FACILITIES - An approved opening to a building sewer for the purpose of inspection, sampling and/or flow measurement.
(RR) MONTHLY AVERAGE - The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
(SS) MONTHLY AVERAGE LIMIT - The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
(TT) MUNICIPAL WASTEWATER SYSTEM or SYSTEM - A "treatment works," as defined by Section 212 of the Act, owned by the city and includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of wastewater (domestic or industrial) and any conveyances which convey wastewater to the treatment plant.
(UU) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT - A permit issued pursuant to Section 402 of the Act.
(VV) NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD - Any regulation developed under the authority of Section 307(b) of the Act.
(WW) NEW SOURCE -
(1) Any building structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or
(b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge or pollutants at an existing source; or
(c) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
(2) Construction on a site at which an existing source is located and results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subdivisions (1)(b) or (1)(c) above, but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a new source, as defined under this subsection, has commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous on-site construction program:
1. Any placement, assembly, or installation of facilities or equipment; or
2. Significant site preparation work including clearing, excavation or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
(b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.
(XX) NONCONTACT COOLING WATER - Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
(YY) PASS THROUGH - A discharge that exits the system into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation.
(ZZ) PERSON - Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns; and including all federal, State and local governmental entities.
(AAA) pH - A measure of the acidity or alkalinity of a substance, expressed in standard units.
(BBB) POLLUTANT - Dredged spoil, solid waste, incinerator residue, filter backwash, domestic wastewater, garbage, sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharge equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes and certain characteristics of the wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
(CCC) PRETREATMENT or TREATMENT - The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the system. Such pretreatment or treatment can be accomplished by physical, chemical, biological processes, or by other means, with the exception of diluting the concentration of the pollutant unless allowed by an applicable pretreatment standard.
(DDD) PRETREATMENT FACILITY - Any works or device for the treatment or flow limitation of domestic wastewater, liquid waste, industrial waste or industrial wastewater prior to discharge into the system.
(EEE) PRETREATMENT REQUIREMENTS - Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
(FFF) PRETREATMENT STANDARDS or STANDARDS - Prohibited discharge standards, categorical pretreatment standards, and/or local limits.
(GGG) PRIVATE SEWER - A sewer, other than a connection, laid by a person to serve one or more buildings, so as to connect a building to a public sewer and irrespective of whether the sewer is constructed on public or private property.
(HHH) PRIVATE WASTEWATER DISPOSAL SYSTEM - A septic tank with the effluent discharging into a subsurface disposal field, into one or more seepage pits or into a combination of subsurface disposal field and seepage pit or other wastewater holding facilities.
(III) PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGE - Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 19-13 of this article.
(JJJ) PUBLICLY OWNED TREATMENT WORKS (POTW) - A treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), which is owned by a State or municipality (as defined by section 502(4) of the Act). This definition includes any devices or systems used in the storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
(KKK) RADIOACTIVE MATERIAL - Material containing chemical elements that spontaneously change their atomic structure by emitting any particles, rays or energy forms in excess of normal background radiation.
(LLL) SEEPAGE PIT - A lined excavation in the ground which receives the discharge of a septic tank and is designed to permit the effluent from the septic tank to seep through its bottom and side.
(MMM) SEPTAGE - Any domestic wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
(NNN) SEPTIC TANK - A watertight receptacle which receives the domestic wastewater discharge of a building and is designed and constructed to separate solids from the liquid, digest organic matter through a period of detention and allow the liquid to discharge into the soil outside of the tank through a system of open joint or perforated piping or a seepage pit.
(OOO) SETTLEABLE SOLIDS - Any solid that will settle out of a liquid in a specified interval of time as determined by appropriate procedures set forth in 40 CFR 136.
(PPP) SEWAGE - Human excrement and gray water (household showers, dishwashing operations, etc.).
(QQQ) SEWER - A pipe or conduit together with appurtenances for carrying wastewater.
(RRR) SIGNIFICANT CHANGE - Plus or minus 25% in an industrial user's typical discharge pattern, flow rate, peak flow rate, constituents, concentration of constituents or characteristics.
(SSS) SIGNIFICANT INDUSTRIAL USER -
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of 10,000 gpd or more of industrial wastewater to the system;
(b) Contributes a waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the system; or
(c) Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the system's operation or for violating a pretreatment standard or requirement.
(3) The [City] may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
(a) The industrial user, prior to [City's] finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
(b) The industrial user annually submits the certification statement required in 40 CFR 403.12(q), together with any additional information necessary to support the certification statement; and
(c) The industrial user never discharges any untreated concentrated wastewater.
(4) Upon a finding that a user meeting the criteria in subdivision (2) above has no reasonable potential for adversely affecting the system operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR Part 403.8(f)(6), determine that such user should not be considered a significant industrial user.
(TTT) SLUG LOAD or SLUG DISCHARGE - Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in this chapter. A slug discharge is any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTWs regulations, local limits or permit conditions.
(UUU) STANDARD INDUSTRIAL CLASSIFICATION (SIC) - A classification pursuant to the Standard Industrial Classification Manual, latest edition, issued by the U.S. Office of Management and Budget.
(VVV) STANDARD METHODS - Standard Methods for the Examination of Water and Wastewater, latest edition, published by American Water Works Association, Water Environment Association, and the American Public Health Association, 1015 18th Street, NW, Washington, D.C. 20036.
(WWW) STANDARD SPECIFICATIONS - The current edition of standards and requirements relating to size, quantity, quality and performance, including standard drawing, as detailed and made available by the city.
(XXX) STATE - State of California.
(YYY) STORM WATER - Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelts.
(ZZZ) SUSPENDED SOLIDS - The total suspended matter in wastewater, as determined by the appropriate procedures set forth in 40 CFR Part 136.
(AAAA) TOTAL DISSOLVED SOLIDS - The solid matter in solution in wastewater, as determined by the appropriate procedures set forth in 40 CFR Part 136.
(BBBB) TOTAL TOXIC ORGANICS - The summation of all quantifiable values greater than 0.01 milligrams per liter, subject to the local limits established pursuant to section 19-26 of this article, for the following toxic organics: Acenaphthene, Acrolein, Acrylonitrile, Benzene, Benzidine, Carbon tetrachloride (tetrachloromethane), Chlorobenzene, 1,2,4-trichlorobenzene, Hexachlorobenzene, 1,2-dichloroethane, 1,1,1-trichloroethane, Hexachloroethane, 1,1-dichloroethane, 1,1,2-trichloroethane, 1,1,2,2-tetrachloroethane, Chloroethane, Bis (2-chloroethyl) ether, 2-chloroethyl vinyl ether (mixed), 2-chloronaphthalene, 2,4,6-trichlorophenol, Parachlorometa cresol, Chloroform (trichloromethane), 2-chlorophenol, 1,2-dichlorobenzene, 1,3-dichlorobenzene, 1,4-dichlorobenzene, 3,3-dichlorobenzidine, 1,1-dichloroethylene, 1,2-trans-dichloroethylene, 2,4-dichlorophenol, 1,2-dichloropropane, 1,3-dichloropropylene (1,3-dichloropropene), 2,4-dimethylphenol, 2,4-dinitrotoluene, 2,6-dinitrotoluene, 1,2-diphenylhydrazine, Ethylbenzene, Fluoranthene, 4-chlorophenyl phenyl ether, 4-bromophenyl phenyl ether, Bis (2-chloroisopropyl) ether, Bis (2-chloroethoxy) methane, Methylene chloride (dichloromethane), Methyl chloride (chloromethane), Methyl bromide (bromomethane), Bromoform (tribromomethane), Dichlorobromomethane, Chlorodibromomethane, Hexachlorobutadiene, Hexachlorocyclopentadiene, Isophorone, Naphthalene, Nitrobenzene, 2-nitrophenol, 4-nitrophenol, 2,4-dinitrophenol, 4,6-dinitro-o-cresol, N-nitrosodimethylamine, N-nitrosodiphenylamine, N-nitrosodi-n-propylamine, Pentachlorophenol, Phenol, Bis (2-ethylhexyl) phthalate, Butyl benzyl phthalate, Di-n-butyl phthalate, Di-n-octyl phthalate, Diethyl phthalate, Dimethyl phthalate, 1,2-benzanthracene (benzo(a)anthracene), Benzo(a)pyrene (3,4-benzopyrene), 3,4-Benzofluoranthene (benzo(b)fluoranthene), 11,12-benzofluoranthene (benzo(k)fluoranthene), Chrysene, Acenaphthylene, Anthracene, 1,12-benzoperylene (benzo(ghi)perylene), Fluorene, Phenanthrene, 1,2,5,6-dibenzanthracene (dibenzo(a,h)anthracene), Indeno (1,2,3-cd) pyrene) (2,3 o-phenylene pyrene), Pyrene, Tetrachloroethylene, Toluene, Trichloroethylene, Vinyl chloride (chloroethylene), Aldrin, Dieldrin, Chlordane (technical mixture and metabolites), 4,4-DDT, 4,4-DDE (p,p-DDX), 4,4-DDD (p,p-TDE), Alpha-endosulfan, Beta-endosulfan, Endosulfan sulfate, Endrin, Endrin aldehyde, Heptachlor, Heptachlor epoxide, (BHC-hexachlorocyclohexane): Alpha-BHC, Beta-BHC, Gamma-BHC, Delta-BHC, (PCB-polychlorinated biphenyls): PCB-1242 (Arochlor 1242), PCB-1254 (Arochlor 1254), PCB-1221 (Arochlor 1221), PCB-1232 (Arochlor 1232), PCB-1248 (Arochlor 1248), PCB-1260 (Arochlor 1260), PCB-1016 (Arochlor 1016), Toxaphene, 2,3,7,8-tetrachlorodibenzo- p-dioxin (TCDD).
(CCCC) TOXIC POLLUTANT - The pollutants, or combination of pollutants, listed as toxic in regulations promulgated by the EPA (40 CFR Part 401.15) under authority of Section 307(a)(1) of the Act.
(DDDD) UNCONTAMINATED WATER - Any water not contaminated or polluted with sewage or other waste and which is suitable for discharge into the storm water drainage system, excluding unlined natural water courses.
(EEEE) UPSET - An exceptional incident in which there is unintentional and temporary noncompliance with categorical and/or local pretreatment standards because of factors beyond the reasonable control of the industrial user; this does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(FFFF) USER - A source of direct or indirect discharge.
(GGGG) WASTEWATER - Liquid and water-carried industrial wastes and domestic wastewater from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed directly or indirectly to the system.
(HHHH) WASTEWATER TREATMENT PLANT or TREATMENT PLANT - That portion of the system designed to provide treatment of domestic and industrial wastewater.
(`64 Code, Sec. 25-4) (Ord. No. 2494, 2761, 2875)
DIVISION 2. WASTEWATER COLLECTION/CONVEYANCE SYSTEM
(A) Sewer service connections may be made to either publicly or privately owned and maintained authorized collection systems. No person shall connect any private property in the city to the system without first obtaining a connection permit issued by the city manager and paying to the city the connection fee required therefore.
(B) The number of connection permits required for any development shall be based upon the number of sewer service connections. A separate sewer connection is normally required for each detached building.
(C) Food establishments and commercial laundries shall have a separate water connection from other users in the same building.
(D) The city manager may impose other requirements if the city manager determines that public health and safety, system protection, maintenance costs, or liability concerns so dictate.
(E) In order for the city to have sufficient information to make a determination of appropriate fees, building permit applicants shall submit sewer service plumbing plans prepared by a registered engineer or project architect in conjunction with the building permit application for all new and replacement structures. The plumbing and irrigation plans shall show all the proposed line sizes and locations.
(F) Every connection, disconnection and permanent blocking or plugging made between private property and the system shall be made in the manner and with the material required by the specifications for public sewers approved by the city and in accordance with the city's specifications for construction.
(`64 Code, Sec. 25-5) (Ord. No. 2494)
All connections, including the lateral, wye or saddle at the city's sewer, shall be maintained at the expense of the property owner of which the connection originates.
(`64 Code, Sec. 25-6) (Ord. No. 2494)
The owner of property connected to the system shall disconnect or permanently block or plug connections when further use of the property, for any purpose requiring the connection, is abandoned or when the structure or facility on the property requiring the connection is demolished without replacement. A public works permit for abandonment of sewer lateral shall be required prior to commencement of abandonment. If a property owner or his/her agent has failed to so effect the disconnection or blockage, the city manager may disconnect or block the connection, and the cost thereof shall be deemed a debt to the city and shall be charged to the owner.
(`64 Code, Sec. 25-7) (Ord. No. 2494)
(A) If the system capacity is not available, the city manager may restrict discharge until sufficient capacity is made available. The city manager may refuse immediate service to any new facility located in an area where there is insufficient capacity in the system to accommodate the proposed quantity of the wastewater.
(B) The city manager may restrict the rate of discharge into the system during the peak flow hours (8:00 a.m. to 10:00 p.m.) or at any other time when required to prevent the overloading of the system. A discharger so restricted shall be required either to curtail the rate of discharge or to provide approved storage or retention facilities for the wastewater. Wastewater so retained may be discharged into the system between the hours of 10:00 p.m. and 6:00 a.m., or during other periods and at a rate of flow prescribed by the city manager.
(`64 Code, Sec. 25-8) (Ord. No. 2494)
Any person who introduces or causes to be introduced into the system, either directly or indirectly, any pollutant or wastewater which creates a stoppage, plugging, breakage, reduction in the capacity of any portion of the system or any other damage to the system shall be liable for the damage and for maintenance, operation, and replacement expenses, including overhead costs, occasioned thereby. Expense of the damage, any excessive maintenance expense, or any other expenses attributable thereto shall be deemed a debt to the city and shall be charged to the offending person by the city manager.
(`64 Code, Sec. 25-9) (Ord. No. 2494)
Any person who introduces or causes to be introduced into the system, either directly or indirectly, any prohibited pollutant or wastewater which causes detrimental effects to the city's system or treatment plant processes or causes a violation of the city's NPDES permit or other regulation imposed by a regulatory agency shall be liable for all damages and costs occasioned thereby, including any penalty assessed by a regulatory agency. The damages, costs or penalty assessed shall be deemed a debt to the city and shall be charged to the offending person by the city manager.
(`64 Code, Sec. 25-10) (Ord. No. 2494)
(A) In addition to the payment of a connection fee, any person requesting service to a lot that is not adjacent to the system shall be responsible for installation of a sewer extension in dedicated streets, alleys or easements accepted by the city. Sewers shall be installed in sewer easements only when it is not in the public interest for the city to accept dedication of a street or alley in the particular location. The required sewer extension shall include all facilities necessary to serve the property as well as all abutting sewers indicated by the sewer master plan. All construction shall conform to city standards and detailed plans approved by the city manager. The city manager shall determine the size sewer required for the area for which application for service is made. A sewer shall not have an inside diameter of less than eight inches. In the case of sewer trunk mains in the sewer master plan, an appropriate credit against collection fees and cash reimbursement may be allowed in an amount to be determined by the city manager.
(B) If sewer facilities that the person would otherwise be required to provide have previously been installed, the person shall be required to pay to the city a sewer charge consisting of a pro rata share of such facilities as determined by the city manager. If such previous installation was made by the applicant or his/her predecessor in interest in the property to which service is desired, the applicant may be entitled to credit in an amount to be determined by the city manager for such installation. Previous installations eligible for these credits must have been made less than 20 years before the application. Credit for previous installations will be applied against sewer charges, but in no event shall such credits be greater than the amount paid for actual construction of the extension.
(C) When installed, connected and finally inspected, all sewer extensions shall be deemed automatically offered for dedication to the city and upon acceptance shall become the property of the city. All necessary easements shall be granted to the city.
(`64 Code, Sec. 25-11) (Ord. No. 2494)
(A) When an application requires a sewer extension and it is necessary or desirable to design the extension to serve an area or users, actual or potential, in excess for that which the application is made, the applicant may be eligible for a credit for a portion of the design and construction costs for the extension. Any such credit shall be granted in an amount to be determined by the city manager.
(B) If the sewer to be constructed is included in the current sewer master plan implementation schedule, and said sewer is constructed, in part, by the applicant, the city manager may authorize an appropriate credit against the applicant's sewer connection fee. No applicant may receive a credit for more than the total amount of sewer connection fees that would be normally required of the applicant. Any credit granted by the city manager shall only be for the actual engineering and construction costs of the sewer.
(C) Upon completion of a sewer which is not in the current sewer master plan implementation schedule and to which future connections could be made, the city manager shall determine the actual cost thereof and the existing sewer charge against each front foot of abutting property, taking into consideration intersections and other property that would not receive water service.
(`64 Code, Sec. 25-12) (Ord. No. 2494)
DIVISION 3. WASTEWATER INTRODUCTION INTO THE CITY'S MUNICIPAL WASTEWATER SYSTEM
(A) No person shall introduce or cause to be introduced to the system, directly or indirectly, any pollutant or wastewater that causes pass through or interference. These general prohibitions apply to all persons, whether or not they are subject to categorical pretreatment standards or any other federal, State or local pretreatment standards or requirements.
(B) No person shall introduce or cause to be introduced into the system the following pollutants, substances, or wastewater:
(1) Pollutants that create a fire or explosive hazard in the system, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR Part 261.21;
(2) Any pollutant or wastewater having a pH less than 6.0 or more than 10.0, or that may otherwise cause corrosive structural damage to the city system or equipment;
(3) Solid or viscous substances in amounts that will cause obstruction of the flow in the system resulting in interference but in no case solids greater than ½-inch (1.27 centimeters) in any dimension;
(4) Pollutants, including oxygen-demanding pollutants, released in a discharge at a flow rate and/or pollutant concentration that, either singly or by interaction with other pollutants, will cause interference with the system;
(5) Wastewater having a temperature greater than 140 degrees Fahrenheit (60 degrees Celsius), or that will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater that causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius);
(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;
(7) Pollutants that result in the presence of toxic gases, vapors, or fumes within the system in a quantity that may cause acute worker health and safety problems;
(8) Trucked or hauled pollutants, except at discharge points designated by the city manager in accordance with section 19-41 of this article;
(9) Noxious or malodorous liquids, gases, solids, or other wastewater that, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
(10) Wastewater that imparts color that cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the city's NPDES permit;
(11) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or federal regulations;
(12) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, single pass noncontact cooling water and unpolluted wastewater, unless specifically authorized by the city manager;
(13) Sludges, screenings, or other residues from the pretreatment of industrial wastes, except as specifically authorized by the city manager;
(14) Medical wastes, except as specifically authorized by the city manager in an IWD permit;
(15) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;
(16) Detergents, surface-active agents, or other substances that may cause excessive foaming in the system;
(17) Fats, oils, or greases of animal or vegetable origin in concentrations greater than 250 mg/l;
(18) Wastes defined as hazardous waste by RCRA or the California Hazardous Waste Control Law; and/or
(19) Wastewater, when measured with a combustible gas indicator, at the point of discharge into the system or at any point in the system, that results in two readings over five percent or any single reading over ten percent of the lower explosive limit of the combustible gas indicator.
(C) No person shall process or store pollutants, substances, or wastewater prohibited by this section in such a manner that they could be discharged to the system.
(D) No person shall discharge any domestic or industrial wastewater to the ground, into any surface drainage conduit, storm drain or channel, or stream or other water course.
(`64 Code, Sec. 25-13) (Ord. No. 2494)
(A) Limits for the pollutants listed below are established to protect against pass through and interference. No person shall introduce, or cause to be introduced, wastewater containing excessive quantities or concentrations, as set out in a resolution adopted by the city council and in accordance with 40 CFR Part 403.5(c), of the following pollutants:
(10) Oil and grease (petroleum or mineral oil products);
(12) Total suspended solids;
(13) Total toxic organics; and
(B) (1) Concentration limits apply at the point designated by the city manager. All concentrations for metallic substances are for "total" metal. At the discretion of the city manager, mass limitations may be imposed on users in addition to or in place of the concentration based limitations on the above listed pollutants.
(2) Compliance with all parameters may be determined from a single grab sample.
(C) The city manager may develop BMPs, by ordinance or in individual wastewater discharge permits or general permits, to implement local limits and the requirements of this section.
(`64 Code, Sec. 25-14) (Ord. No. 2494, 2761)
(A) The federal categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471 are hereby incorporated by reference. A violation of such standards shall constitute a violation of this section.
(B) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the city manager may impose equivalent concentration or mass limits in accordance with 40 CFR Part 403.6(c).
(C) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the city manager shall impose an alternate limit using the combined waste stream formula in 40 CFR Part 403.6(e).
(D) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR Part 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
(E) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR Part 403.15.
(`64 Code, Sec. 25-15) (Ord. No. 2494)
(A) The city manager may prohibit the introduction of medical wastes and may require that any such wastes be rendered noninfectious prior to discharge if deemed to pose a threat to public health and safety.
(B) No person shall discharge solid wastes from hospitals, clinics, offices of medical doctors, convalescent homes, medical laboratories or other medical facilities to the system including, but not limited to, hypodermic needles, syringes, instruments, utensils or other paper and plastic items of a disposable nature, or recognizable portions of the human anatomy or laboratory animals, except where prior written approval for such discharges is given by the city manager. Approved discharges shall be considered industrial wastewater discharge under this article. The city manager may revoke such approval at any time.
(`64 Code, Sec. 25-16) (Ord. No. 2494)
The city reserves the right to establish, by ordinance or in IWD permits, more stringent standards or requirements on discharges to the system.
(`64 Code, Sec. 25-17) (Ord. No. 2494)
The city reserves the right to enter into special agreements with users, setting out special terms under which they may discharge into the system. In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, the user may request a net gross adjustment to a categorical standard in accordance with 40 CFR Part 403.15. The user may also request a variance from the categorical pretreatment standard from the approval authority. Such a request will be approved only if the user can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing that categorical pretreatment standard. A user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR Part 403.13.
(`64 Code, Sec. 25-18) (Ord. No. 2494)
(A) The city manager may grant a variance from one or more of the provisions of this article. Prior to issuing such a variance, the city manager shall verify that in no case will the granting of a variance allow the user to exceed applicable categorical pretreatment standards or requirements or federally mandated prohibitions.
(B) The city manager may require the user to monitor the volumes and/or concentrations of the discharge in excess of previous levels, if the city manager deems it necessary to properly enforce any variance granted under this section.
(C) The city manager reserves the right to impose requirements that are stricter than, or in addition to, those specified under the authority of sections 19-25 and 19-26 should the quantity or quality of the user's discharge merit unique consideration by virtue of the impact of the user's discharge on the system or public health and welfare.
(D) The city manager reserves the right to revoke the variance at any time.
(E) The city manager reserves the right to charge additional fees related to the granting of a variance.
(`64 Code, Sec. 25-19) (Ord. No. 2494)
No user shall ever increase the use of process water for the purpose of diluting a discharge, or in any other way attempt to dilute a discharge. The city manager may impose mass limitations on users suspected of using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(`64 Code, Sec. 25-20) (Ord. No. 2494)
DIVISION 4. PRETREATMENT OF INDUSTRIAL WASTEWATER
Users shall provide wastewater pretreatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in section 19-25 of this article within the time limitations specified by EPA, the State, or the city manager, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the city manager for review, and shall be acceptable to the city manager before such facilities are constructed. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce a discharge acceptable to the city manager under the provisions of this article.
(`64 Code, Sec. 25-21) (Ord. No. 2494)
(A) Whenever deemed necessary, the city manager may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate domestic waste streams from industrial waste streams, and such other conditions as may be necessary to protect the system and determine the user's compliance with the requirements of this article.
(B) The city manager may require any person discharging into the system to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure active management of flow. An IWD permit may be issued solely for flow regulation.
(C) Users shall provide gravity separation devices when, in the opinion of the city manager, they are necessary for the proper handling of wastewater containing excessive amounts of oil and grease or sand. All gravity separation devices shall be of a type and capacity approved by the city manager and shall be so located to be easily accessible for cleaning and inspection. Such devices shall be inspected, cleaned, and repaired regularly, as needed, by the user at user's expense.
(D) The city manager may require users with the potential to discharge flammable substances to install and maintain an approved combustible gas detection meter.
(`64 Code, Sec. 25-22) (Ord. No. 2494)
All domestic wastewater including, but not limited to, those from restrooms, showers and drinking fountains shall be kept separate from all industrial wastewater until the industrial wastewater has passed through any required pretreatment system and/or monitoring facility.
(`64 Code, Sec. 25-23) (Ord. No. 2494)
(A) Each user shall provide protection from accidental discharge of prohibited materials, other regulated pollutants or wastewater called out in this article or any other materials in concentration or quantities of which could be detrimental to the system, its operation or personnel. Each floor drain or floor sink located in an area where regulated chemicals are stored or used shall be protected in a manner approved by the city manager to prevent uncontrolled or accidental discharges of these regulated constituents from directly entering the system. Facilities to prevent accidental discharge shall be provided and maintained at the owner's and/or operator's expense. Detailed plans in the form of a spill prevention, control, and countermeasures plan (showing facilities and operating procedures to provide this protection) shall be submitted to the city manager for review and approval prior to construction of said facilities. Such review and approval of plans and operating procedures shall not relieve the user from the responsibility of said facilities as necessary to meet the other requirements of this article.
(B) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
(C) Any user who causes or discovers a slug discharge of regulated pollutants or wastewater into the system shall immediately telephone the city manager in order that corrective action may be taken to protect the system, its operation and personnel. In addition, the person responsible for the discharge of the wastes or wastewater shall file a written report to the city manager, detailing the date, time and cause of the accidental discharge, the quantity and characteristics of the discharge and corrective action taken to prevent future discharges. The report shall be filed within five days of the occurrence of the discharge.
(`64 Code, Sec. 25-24) (Ord. No. 2494)
(A) The city manager shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The city manager may require any user to develop, submit for approval, and implement such a plan. Alternatively, the city manager may develop such a plan for any user.
(B) An accidental discharge/control slug 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 immediately notifying the city manager of any accidental or slug discharge; and
(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, 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.
(`64 Code, Sec. 25-25) (Ord. No. 2494, 2761)
Any tenant under any rental, lease, or other agreement shall be jointly and severally responsible for compliance with the provisions of this article in the same manner as the owner, and both owner and tenant shall be jointly and severally liable to the city for any costs, damages, fines or penalties incurred and/or imposed by the city due to noncompliance by the tenant or owner with provisions of this article.
(`64 Code, Sec. 25-26) (Ord. No. 2494)
(A) Septage may be introduced into the system only at locations designated by the city manager, and at such times as are established by the city manager. Such wastes shall not violate the provisions of division 3 of this article or any other federal, State or local regulation. The city manager may require septic tank waste haulers to obtain IWD permits.
(B) Industrial waste or wastewater haulers shall obtain IWD permits from the city manager. The city manager may require generators of hauled industrial waste or wastewater to obtain IWD permits. The city manager also may prohibit the disposal of hauled industrial waste or wastewater. The discharge of hauled industrial waste or wastewater is subject to all other requirements of this article.
(C) Industrial waste or wastewater haulers may only discharge loads at locations designated by the city manager. No load may be discharged without prior consent of the city manager. The city manager may collect samples of each hauled load to ensure compliance with applicable standards. The city manager may require the hauler to provide a waste analysis of any load prior to discharge.
(D) Industrial waste or wastewater haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste or wastewater hauler, permit number, truck identification, source of waste or wastewater, and volume and characteristics of waste or wastewater. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are hazardous wastes designated in RCRA.
(`64 Code, Sec. 25-27) (Ord. No. 2494)
No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the system. Any person found in violation of this requirement shall be subject to the sanctions set out in divisions 8 through 10 of this article.
(`64 Code, Sec. 25-28) (Ord. No. 2494)
(A) All food establishments or similar establishments that introduce industrial wastewater into the system shall install an approved grease interceptor that is of sufficient size so as to prevent excessive discharges of oil and/or grease into the system. The grease interceptor shall be easily accessible for cleaning and inspection. The city manager may grant variances from the requirements of this paragraph on a case-by-case basis. The city manager may take into account the following items when determining whether to grant a variance:
(1) Size of the restaurant;
(2) Type and number of meals served per day;
(3) Seating capacity;
(4) Dishwashing facilities on-site; and
(5) Any other criteria the city manager deems applicable.
(B) All vehicle maintenance facilities that introduce industrial wastewater into the system shall be required to install a gravity separation device designed to prevent the excessive discharge of sand, silt, oil and grease into the system. The city manager may grant variances from the requirements of this paragraph on a case-by-case basis.
(C) All commercial and industrial laundries that introduce industrial wastewater into the system shall install a gravity separation device of a size and design approved by the city manager. These facilities shall also install other pretreatment facilities as required by the city manager to ensure their compliant with all requirements and provisions of this article. The city manager may grant variances from the requirements of this section on a case-by-case basis.
(D) If the city manager finds that a grease interceptor or gravity separation device installed prior to the effective date of this article is incapable of adequately retaining the grease, sand or oil in the wastewater flow from a food establishment, a vehicle maintenance facility, or a laundry, the city manager shall require that an adequately sized grease interceptor, gravity separation device or other pretreatment facility be installed within a reasonable time period.
(E) The city manager may maintain an information file available for public use of acceptable designs of grease interceptors and gravity separation devices. The installation of a design shown in such file or of any design meeting the size requirement set forth in this article or any recommendation of requirements made by the city manager shall not impute any liability to the city for the adequacy of the interceptor or gravity separation device under the actual conditions of use. Such installation shall not relieve the owner or proprietor of responsibility for keeping prohibited substances or substances above the limitations of this article out of the system. If the user's grease interceptor, gravity separation device or other pretreatment facility is not adequate under the conditions of use, the user shall construct a pretreatment facility that is effective in accomplishing the intended purpose and meeting the provisions of this article.
(`64 Code, Sec. 25-29) (Ord. No. 2494)
(A) Any grease interceptor or gravity separation device required by this article shall be readily accessible for inspection and properly maintained to assure that the accumulations of grease, sand or oil do not impair its efficiency or pass out with the effluent.
(B) All persons required to use and maintain a grease interceptor or gravity separation device shall keep records of the pretreatment device cleaning, maintenance and grease removal and provide such reports on request to the city manager. These records shall include the date, the name of the person who cleaned the device and the disposal site of the waste. The report may be reviewed by the city manager at each routine inspection.
(C) Persons hauling wastes and wastewater removed from these interceptors or gravity separation devices shall be registered to do so by the appropriate permitting agency.
(D) An interceptor or gravity separation device shall not be considered properly maintained if material accumulations total more than 25 percent of the operating fluid capacity.
(E) Improper maintenance of any grease interceptors and gravity separation devices or failure to maintain adequate records shall be considered a violation of this section.
(`64 Code, Sec. 25-30) (Ord. No. 2494)
Pollutants from garbage grinders shall not be discharged into the system except as follows:
(A) Wastes generated in preparation of food in a residence;
(B) Where the user has an existing garbage grinder and has an approval for that specific use from the city, and agrees to undertake whatever self-monitoring is required to enable the city to equitably determine the charges and fees based on the waste constituents and characteristics. Such grinders must be repaired or replaced as necessary in order to at all times ensure that the waste is shredded to a degree that all particles will be carried freely under normal flow conditions prevailing in the city system. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, garden refuse, or waste products resulting from the handling, storage and sale of fruits and vegetables in wholesale and retail produce establishments, or wastes from plants engaged in the preparation, processing or preserving of foods not intended primarily for immediate consumption; and
(C) At any time the property or business changes ownership, excluding residential property, any existing garbage grinders installed on the property must be removed and no new garbage grinders may be installed as a condition of continued city sewer service to the property.
(`64 Code, Sec. 25-31) (Ord. No. 2494)
DIVISION 5. INDUSTRIAL WASTEWATER DISCHARGE PERMIT SYSTEM
When requested by the city manager, an industrial user shall submit information on the nature and characteristics of its wastewater within 30 days of the request. The city manager is authorized to prepare a form for this purpose and may periodically require industrial users to update this information.
(`64 Code, Sec. 25-32) (Ord. No. 2494)
(A) No industrial user shall discharge wastewater, either directly or indirectly, into the system without first obtaining an IWD permit from the city manager.
(B) The city manager may require other users to obtain an IWD permit as necessary to carry out the purposes of this article.
(C) Any violation of the terms and conditions of an IWD permit shall be deemed a violation of this article and subjects the user to the sanctions set out in divisions 8 through 10 of this article. Obtaining an IWD permit does not relieve a permittee of its obligation to comply with all federal and State pretreatment standards or requirements or with any other requirements of federal, State and local law.
(`64 Code, Sec. 25-33) (Ord. No. 2494)
Any user required to obtain an IWD permit that proposes to begin or recommence discharging into the system shall obtain such permit prior to beginning or recommencing such discharge. An application for an IWD permit, in accordance with sections 19-53 and 19-55 of this article, shall be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
(`64 Code, Sec. 25-34) (Ord. No. 2494)
New users located beyond the city limits that are required to obtain an IWD permit shall submit a permit application to the city manager 90 days prior to any proposed discharge into the system. Upon review of such application, the city manager may enter into an agreement with the user that requires the user to subject itself to and abide by this article, including all permitting, compliance monitoring, reporting, and enforcement provisions herein. Alternately, the city manager may enter into an agreement with the neighboring jurisdiction in which the user is located to provide for the implementation and enforcement of pretreatment program requirements against the user.
(`64 Code, Sec. 25-35) (Ord. No. 2494)
(A) All users required to obtain an IWD permit shall submit a permit application to the city manager at least 90 days before any proposed discharge. The city manager may require any user to submit as part of an application the following information:
(1) All information required by section 19-71(C) of this article;
(2) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility that are, or could accidentally or intentionally be, discharged to the system;
(3) Number and type of employees, hours of operation, and proposed or actual hours of operation;
(4) Each product produced by type, amount, process or processes and rate of production;
(5) Type and amount of raw materials processed (average and maximum per day);
(6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;
(7) Time and duration of the discharge; and
(8) Any other relevant information deemed necessary by the city manager to evaluate the application.
(B) Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(`64 Code, Sec. 25-36) (Ord. No. 2494)
All IWD permit applications shall be signed by an authorized representative of the user and contain the following certification statement:
“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 ensure 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.”
(`64 Code, Sec. 25-37) (Ord. No. 2494)
The city manager will evaluate the data furnished by the user and may require additional information. Within 60 days of receipt of a complete permit application, the city manager will determine whether or not to issue an IWD permit. The city manager may deny any application for an IWD permit, for good cause.
(`64 Code, Sec. 25-38) (Ord. No. 2494)
IWD permits shall be issued for a specified time period, not to exceed five years. An IWD permit may be issued for a period less than five years, at the discretion of the city manager. Each IWD permit shall indicate a specific date of expiration.
(`64 Code, Sec. 25-39) (Ord. No. 2494)
(A) An IWD permit shall include such conditions as are reasonably deemed necessary by the city manager to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate biosolids management and reuse, and protect against damage to the system.
(B) IWD permits shall contain:
(1) A statement of the duration of the permit, which in no event shall exceed five years;
(2) A statement that the permit is nontransferable without prior notification to and approval of the city manager in accordance with section 19-61, and provisions for furnishing the new owner or operator with a copy of the existing permit;
(3) Effluent limits, including BMPs based on applicable pretreatment standards;
(4) Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, State and local law;
(5) A statement of applicable civil, criminal and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, State or local law; and
(6) Requirements to control slug discharge, if determined by the city manager to be necessary.
(C) IWD permits may contain additions as the city manager deems necessary, including, but not limited to, the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the system;
(3) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
(4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the system;
(5) Requirements for installation and maintenance of inspection and sampling, facilities and equipment;
(6) A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable federal and State pretreatment standards, including those that become effective during the term of the permit; and
(7) Other conditions as deemed appropriate by the city manager to ensure compliance with this article, and State and federal laws, rules and regulations.
(`64 Code, Sec. 25-40) (Ord. No. 2494, 2761)
(A) Any person, including the user, may petition the city to reconsider the terms of an IWD permit by filing a petition for reconsideration with the city clerk within ten days of its issuance.
(B) Failure to submit a timely petition for reconsideration shall be deemed to be a waiver of the administrative remedy.
(C) The petition for reconsideration shall set out the permit provisions objected to, the reasons for this objection, and the proposed alternative condition, if any, the petitioner seeks to be included in the permit.
(D) The conditions and provisions of the permit objected to by the user shall not be stayed pending a hearing on the petition.
(E) If the city manager fails to act within 45 days, the petition shall be deemed approved. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative actions.
(F) Parties seeking judicial review of such final administrative petitions shall comply with the requirements set out in Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.
(`64 Code, Sec. 25-41) (Ord. No. 2494)
(A) The city manager may modify a permit for good cause.
(B) Good cause includes, but is not limited to, the following reasons:
(1) To incorporate any new or revised federal, State or local pretreatment standards or requirements;
(2) To address significant alterations or additions to the user's operation, processes, or wastewater volume or characteristic since the time of permit issuance;
(3) A change in the system that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the system, city employees, or the receiving waters;
(5) Violation of any terms or conditions of the permit;
(6) Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical pretreatment standard pursuant to 40 CFR Part 403.13;
(8) To correct typographical or other errors in the permit; or
(9) To reflect transfer of the facility ownership and/or operation to a new owner/operator.
(`64 Code, Sec. 25-42) (Ord. No. 2494)
(A) IWD permits may be transferred to a new owner or operator only if the permittee gives at least 30 days advance notice to the city manager and the city manager approves the transfer. The notice shall include a written certification by the new owner or operator that:
(1) The new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing permit.
(B) Failure to provide advance notice of a transfer renders the permit void as of the date of facility transfer.
(`64 Code, Sec. 25-43) (Ord. No. 2494)
(A) The city manager may revoke an IWD permit for good cause, including, but not limited to, the following reasons:
(1) Failure to notify the city manager of significant changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the city manager of changed conditions pursuant to section 19-75 of this article;
(3) Misrepresentation or failure to fully disclose all relevant facts in the permit application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the city manager timely access to the facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer use charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the permit application;
(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) Violation of any pretreatment standard or requirement, or any terms of the permit or this article.
(B) IWD permits shall be voidable upon cessation of operations or transfer of business ownership. All IWD permits issued to a particular user are void upon the issuance of a new IWD permit to that user.
(`64 Code, Sec. 25-44) (Ord. No. 2494)
(`64 Code, Sec. 25-45) (Ord. No. 2494)
An expired IWD permit will continue to be effective and enforceable until the permit is reissued if:
(A) The user has submitted a complete IWD permit application at least 90 days prior to the expiration date of the user's existing permit; and
(B) The failure to reissue the IWD permit before the expiration of the existing permit is not due to any act or failure to act on the part of the user.
(`64 Code, Sec. 25-46) (Ord. No. 2494)
(A) If another legal jurisdiction outside the city, or user located within another legal jurisdiction outside the system, contributes wastewater to the system, the city manager shall enter into an agreement for wastewater services with the municipality or users pursuant to section 19-53 of this article.
(B) Prior to entering into an agreement required by subsection (A) of this section, the city manager shall request the following information from the contributing municipality:
(1) A description of the quality and volume of wastewater discharged to the system by the contributing municipality;
(2) An inventory of all users within the contributing municipality that are discharging to the system; and
(3) Any other information as the city manager may deem necessary.
(C) An agreement, as required by subsection (A) of this section, shall contain the following conditions:
(1) A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits that are at least as stringent as those established under authority of section 19-26. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to this article or local limits;
(2) A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
(3) A provision specifying which pretreatment implementation activities, including IWD permit issuance, inspection and sampling, and enforcement will be conducted by the contributing municipality; which of these will be conducted by the city manager; and which of these activities will be conducted jointly by the contributing municipality and the city manager;
(4) A requirement for the contributing municipality to provide the city manager with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(5) Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the system;
(6) Requirements for monitoring the contributing municipality's discharge;
(7) A provision ensuring the city manager access to the facilities of users located in the contributing municipality's jurisdictional boundaries for the purpose of inspecting, sampling, and any other duties deemed necessary by the city manager; and
(8) A provision specifying remedies for breach of the terms of the agreement.
(`64 Code, Sec. 25-47) (Ord. No. 2494)
DIVISION 6. REPORTING REQUIREMENTS
(A) All users required to obtain an IWD permit shall furnish, install and properly maintain a monitoring facility for wastewater sampling. This monitoring facility shall be of a design or configuration approved by the city manager, who may require flow measurement equipment, automatic flow proportional sampling equipment and automatic wastewater analysis and data recording equipment.
(B) Each user, as a part of its application for obtaining an IWD permit, shall propose a suitable location and design for the wastewater monitoring facility. Upon approval of the monitoring facility by the city manager, the user shall perform wastewater monitoring at this facility. The monitoring facility shall be located so as to be safe and accessible to city employees, and shall be constructed in accordance with the city's requirements, and all applicable local building codes and other local construction requirements. The user's proposal for a wastewater monitoring facility shall comply with the city's design requirements and shall be reviewed and approved by the city manager. Plans for all wastewater monitoring facilities, including flow measurement and sampling systems, determined by the city manager to require engineering design, shall be prepared and signed by a civil, chemical or mechanical engineer registered in the State or a registered engineer of other suitable discipline as determined by the city manager.
(C) The user's wastewater sampling analysis and flow measurement procedures, equipment, and results shall be subject to inspection by the city manager at any time. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times by the user.
(D) Failure of a user to keep approved wastewater monitoring facilities clean and in good working order shall not be grounds for the user to claim that any sample results are unrepresentative of the user's wastewater. Flow measurement systems shall be regularly maintained and calibrated in accordance with guidelines established by the city manager.