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(a) It is unlawful for any person or organization to discharge or cause to be discharged any industrial waste whatsoever directly or indirectly into the sanitary sewer system without first obtaining a permit for industrial waste discharge pursuant to this section. Appropriate fees for such permits are specified in a utility rate schedule of the Palo Alto utilities rates and regulations. Furthermore, it shall be unlawful for any person or organization to discharge any industrial waste in excess of the quantity or quality limitations or to violate any other requirement set forth in this chapter or in a permit for industrial waste discharge.
(b) A discharger may submit an advance written request to discharge prohibited wastes not in conformance with this chapter or wastes containing concentrations of substances or characteristics in excess of those permitted by this chapter. Discharge of such wastes shall not be allowed without an exceptional waste permit duly issued.
(c) The superintendent may authorize a discharger by permit to discharge “exceptional wastes” when the permit will neither result in a violation of any of the provisions of this chapter nor cause any of the effects described in Section 16.09.035 nor any violation of the pretreatment requirements. The city shall be compensated for any costs it incurs in authorizing such discharge including any expense in determining whether such discharge is compatible with the sanitary sewer system and is in compliance with the pretreatment requirements.
(1) Permission to discharge exceptional waste may either be given as an addendum to a current permit or by a separate permit. In the case of third parties requesting permission to discharge waste generated by another party, or the products of treating waste generated by another party, the waste generator or responsible party must submit a “designation of authorized representative” (DOAR) form to the superintendent to authorize the third party to conduct business and sign reports on their behalf. However, certification that the waste as discharged does not constitute a hazardous waste and the permit and permit application must be signed by such waste generator or responsible party.
(2) Exceptional wastes are aqueous wastes that may include but are not limited to:
(A) Construction site dewatering where soil or groundwater contamination is present;
(B) Groundwater contaminated with organic solvents generated as a result of pump tests in preparation for a groundwater cleanup or water generated during sampling events;
(C) Aqueous wastes generated by either permanent or mobile hazardous waste treatment units used to treat hazardous waste at the generator's site; or
(D) Aqueous wastes generated as a result of site cleanup activities.
(3) A permit must be obtained prior to commencement of discharge, and requests for such permits shall be submitted no later than twenty working days prior to intended discharge. The letter of application shall include the name, address, phone number and title of the responsible party, on-site contact person's name, address, and twenty-four-hour contact phone number, analytical data on the contaminants and characteristics of the intended discharge, the intended point of discharge, the duration and volume, dates of intended discharge, and a site plan.
(4) A separate charge for processing such requests shall be established by the superintendent to recover the city's costs in processing and administering such permits.
(d) The permit for any industrial waste discharge may include, but is not limited to:
(1) A specific date upon which it will expire, not to exceed five years from the effective date of the permit;
(2) Requiring installation and maintenance of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the sanitary sewer system or storm drain system and compliance schedules for meeting these requirements;
(3) Effluent limitations;
(4) Self-monitoring, sampling, reporting, notification and record keeping requirements;
(5) Prohibition of discharge of certain wastewater components;
(6) Installation and maintenance of inspection, sampling and flow measurement equipment and facilities;
(7) Limits on average or maximum rate of discharges;
(8) Restriction of discharge to certain hours of the day;
(9) Requiring payment of additional charges to defray increased costs to the city created by the wastewater discharge;
(10) Implementation of BMPs or specific investigations or studies to determine methods of reducing toxic constituents in the discharge; or
(11) Other conditions as may be required to meet the purpose of this chapter.
(e) No permit for industrial waste discharge is transferable without the prior written consent of the superintendent. A change of ownership (including a transfer of the majority of shares in a corporate discharger) of the waste generating facility requires a new permit application.
(f) Any person or organization desiring to change the quantity or quality of waste discharged to the sanitary sewer system or to discharge wastes or use facilities which are not in conformance with their industrial waste permit shall apply for and obtain an amended permit prior to any such discharge or use. An application for an amended permit must be filed sixty days in advance of the proposed commencement of such discharge or use of such facilities.
(g) Compliance with the discharger's permit does not relieve the discharger of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the discharge permit.
(Ord. 5084 § 2 (part), 2010)