Chapter 13.50 PRETREATMENT AND SOURCE CONTROL OF WASTEWATER DISPOSAL OR DISCHARGE

A. This chapter sets forth uniform requirements for direct and indirect discharges into the wastewater collection and treatment system pursuant to authority conferred by law including, but not limited to, the California Health and Safety Code, Sections 5400 through 5474, the California Government Code, Sections 54725 through 54740.6 and 66000 through 66003, the California Code of Regulations, Title 22, the Porter-Cologne Water Quality Control Act (California Water Code Division 7), the Federal Clean Water Act, 33 USC 1251 et seq., the Code of Federal Regulations, 40 CFR Parts 400 through 699, the Resource Conservation and Recovery Act (RCRA), 42 USC 6901 et seq., and the National Pollutant Discharge Elimination System permits issued by the Regional Water Quality Control Board, San Francisco Bay Region, to the city of Benicia.

B. The objectives of this chapter are:

1. To prevent the introduction of pollutants into the municipal wastewater system, which may interfere with the operation of the system or contaminate the resulting sludge;

2. To prevent the introduction of pollutants into the municipal wastewater system which may pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the municipal wastewater system;

3. To improve the opportunity to recycle and reclaim wastewaters and sludges from the system;

4. To provide for equitable distribution of the cost of the municipal wastewater system; and

5. To protect both municipal wastewater personnel who may be affected by wastewater and sludge in the course of their employment and the general public.

C. This chapter provides for the regulation of all users of the municipal wastewater system or publicly owned treatment works (POTW). The chapter authorizes the issuance of individual or general wastewater discharge permits; provides for monitoring, compliance and enforcement activities; establishes administrative review procedures; requires user reporting, assumes that existing customers’ capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

D. This chapter shall apply to the city and to persons outside the city who are, by contract or agreement with the city, users of the city POTW. Except as otherwise provided herein, the superintendent of the city POTW shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the superintendent may be delegated by the superintendent to a duly authorized city employee. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.020 Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases as used in this chapter shall have the meanings hereafter designated:

“Act” or “the Act” means the Federal Clean Water Act, formerly known as the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq.

“Approval authority” means the director of the California State Water Resources Control Board (SWRCB) Division of Water Quality NPDES Unit which conducts an approved state pretreatment program.

“Authorized or duly authorized representative of industrial or other user” means:

1. If the user is a corporation:

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 that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and 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 individual wastewater discharge permit or general permit 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 governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

4. The individuals described in subsections (1) through (3) of this definition may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the facility, and the written authorization is submitted to the city.

“Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the general and specific prohibitions listed in BMC 13.50.040(A) and (B) (40 CFR 403.5(a)(1) and (b)). BMPs include treatment requirements, operating procedures, and practices to control facility site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees centigrade, usually expressed as a concentration (e.g., milligrams per liter) but may be converted to organic loading, expressed as pounds per day.

“Building sewer” means a sewer conveying wastewater from the premises of a user to the POTW.

“Bypass” means the intentional diversion of waste streams from any portion of a user’s treatment facility.

“Categorical industrial user” (CIU) means any industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N.

“Categorical standard” or “categorical pretreatment standard” means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307 (b) and (c) of the Act (33 USC 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

“Chemical oxygen demand (COD)” is a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

“City” means the city of Benicia or the city council of Benicia.

“Control authority” means the city of Benicia or the superintendent given that the city has an approved pretreatment program under the provisions of 40 CFR 403.11.

“Cooling water” means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

“Daily maximum limit” means 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 a day. Where daily maximum limits are expressed in terms of concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

“Direct discharge” means the discharge of treated or untreated wastewater directly to the waters of the state of California.

“Domestic user” means a user that discharges wastewater from a single or multi-family residence.

“Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.

“Existing source” means any source of discharge that is not a new source.

“Grab sample” means a sample which is taken from a waste stream on a one-time basis with no regard to the flow volume of the waste stream and over a period of time not to exceed 15 minutes.

“Holding tank waste” means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

“Indirect discharge” means the introduction of pollutants into the POTW from any nondomestic source.

“Industrial user” or “IU” means a source of indirect discharge.

“Instantaneous limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

“Interference” means a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the typical operation of the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, may cause a violation of any requirement of the city’s NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.

“Local limit” means specific discharge limits developed and enforced by the city upon industrial or commercial user facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

“Medical waste” means 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.

“Monthly average” means the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

“Monthly average limit” means 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.

“New source” means:

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 that 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 completely replaces the process or production equipment that causes the discharge of 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 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 subsection (1)(b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

3. Construction of a new source as defined under this definition has commenced if the owner or operator has:

a. Begun, or caused to begin, as part of a continuous on-site construction program:

i. Any placement, assembly, or installation of facilities or equipment; or

ii. 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 paragraph.

“National pollution discharge elimination system permit” or “NPDES permit” means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

“Noncontact cooling water” means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

“Pass-through” means a discharge which exits the POTW into waters of the state 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.

“Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, government entity, or other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state, and local government entities. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.

“pH” means a measure of the acidity or alkalinity of a solution, expressed in standard units.

“Pollutant” means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, certain medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to or in lieu of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes, or by other means, except by diluting the concentration of the pollutants, unless allowed by an applicable pretreatment standard.

“Pretreatment requirements” means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

“Pretreatment standards” or “standards” means prohibited discharge standards, categorical pretreatment standards, and local limits.

“Publicly owned treatment works (POTW)” means a treatment works, as defined by Section 212 of the Act (33 USC 1292), which is owned by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, “POTW” shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city’s POTW.

“POTW treatment plant” means that portion of the POTW designed to provide treatment to wastewater.

“Shall” is mandatory; “may” is permissive.

Significant Industrial User (SIU). Except as provided in subsections (3) and (4) of this definition, a significant industrial user is:

1. An industrial user subject to categorical pretreatment standards; or

2. An industrial user that:

a. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

b. Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

c. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

3. The city may determine that an industrial user subject to categorical pretreatment standards is a nonsignificant categorical industrial user rather than an SIU on a finding that the IU never discharges more than 100 gallons per calendar 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 IU, prior to the city’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

b. The IU annually submits the certification statement required in 40 CFR 403.12(q) or BMC 13.50.180(E)(2), together with any additional information necessary to support the certification statement; and

c. The IU never discharges any untreated concentrated wastewater.

4. Upon a finding that a user meeting the criteria in BMC 13.50.040 of this part has no reasonable potential for adversely affecting the POTW’s 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 an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered an SIU.

Significant Noncompliance (SNC). The federal regulations establish criteria for publishing that significant noncompliance is one or more of the following:

1. Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in BMC 13.50.040;

2. Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits as defined by BMC 13.50.040, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

3. Any other violation of a pretreatment standard or requirement as defined in this chapter (daily maximum, monthly average, instantaneous limit, or narrative standard) that the superintendent determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);

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

5. Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or general permit or enforcement order for starting construction, completing construction, or attaining final compliance;

6. Failure to provide within 45 days after the due date any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

7. Failure to accurately report noncompliance; and

8. Any other violation(s), which may include a violation of best management practices, which the superintendent determines will adversely affect the operation or implementation of the local pretreatment program.

“Slug load” or “slug discharge” means any pollutant release (of a nonroutine, episodic nature including, but not limited to, an accidental spill or a noncustomary batch discharge) in a discharge at a flow rate and/or pollutant concentration which has a reasonable potential to cause interference or upset of the sewerage system operations, or in any other way violate the POTW’s regulations, local limits or permit conditions.

“State” means the state of California.

“Standard industrial classification (SIC)” means a classification pursuant to the 1987 SIC Manual and “North American Industry Classification System (NAICS)” means classification pursuant to the 2007 NAICS Manual, both issued by the Executive Office of the President, Office of Management and Budget.

“Storm water” means any flow occurring during or following any form of natural precipitation and resulting from such precipitation.

“Suspended solids” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering. This term also refers to the total filterable residue test.

“Superintendent” means the person designated by the city to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.

“Toxic pollutant” means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other acts.

“User” means any person who contributes, causes or permits the contribution of wastewater in the city’s POTW.

“Wastewater” means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together which may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

“Waters of the state” means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.030 Abbreviations.

The following abbreviations shall have the designated meanings:

Act	–	Clean Water Act
BOD	–	Biochemical Oxygen Demand
BMC	–	Benicia Municipal Code
BMP	–	Pest Management Practices
BMR	–	Baseline Monitoring Report
CFR	–	Code of Federal Regulations
CIU	–	Categorical Industrial User
COD	–	Chemical Oxygen Demand
CWA	–	Clean Water Act
EPA	–	Environmental Protection Agency
gpd	–	gallons per day
IU	–	Industrial User
l	–	Liter
ug/l	–	Micrograms per liter
mg/l	–	Milligrams per liter
NAICS	–	North American Industrial Classification System (1997)
NPDES	–	National Pollutant Discharge Elimination System
NSCIU	–	Nonsignificant Categorical Industrial User
POTW	–	Publicly Owned Treatment Works
RCRA	–	Resource Conservation and Recovery Act
SIC	–	Standard Industrial Classification (replaced by NAICS)
SIU	–	Significant Industrial User
SNC	–	Significant Noncompliance
SWDA	–	Solid Waste Disposal Act, 42 USC 6901 et seq.
TSS	–	Total Suspended Solids
U.S.C.	–	United States Code

(Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.040 Prohibited discharge – Certain waters or wastes.

A. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which interferes with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to national categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. A user shall not contribute the following substances to any POTW.

1. Pollutants which create a fire or explosive hazard in the POTW, 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 26.1.21. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent nor any single reading over 10 percent of the lower explosive limit (LEL) of the meter;

2. Solid or viscous substances which may cause obstruction to the flow in the POTW or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes;

3. Any wastewater having a pH less than 5.0 nor more than 11.0 or other wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW;

4. Any wastewater containing toxic pollutants in sufficient quality, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard. A “toxic pollutant” shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act;

5. Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for life maintenance and repair;

6. Any substance which may cause the POTW’s effluent or any other product of the POTW, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged into the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used;

7. Any substance which will cause the POTW to violate its NPDES permit requirements or the receiving water quality standards;

8. Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;

9. Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40 degrees Celsius (104 degrees Fahrenheit);

10. Any pollutants, including oxygen-demanding pollutants (BOD, COD, etc.) released at a flow rate and/or pollutant concentration which may cause interference, pass-through, or process upset to the POTW. The user shall notify the POTW immediately, upon discovery, of any slug loading. If subject pollutants are released, the user must prove it lacked any knowledge that such a discharge would cause interference. In no case shall a slug load have a flow rate or contain concentrations or qualities of pollutants that cause interference within the POTW;

11. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations;

12. Surface water, storm water or seepage, and cooling water or unpolluted process water unless specifically approved by the superintendent;

13. Discharge of wastewater causing, alone or in conjunction with other sources, the POTW’s effluent to fail toxicity tests;

14. Any wastewater which has any corrosive or detrimental characteristics that may cause damage to the city’s sewer system or causes a hazard to service personnel, maintenance personnel or human life or creates a public nuisance;

15. Discharges which create a fire or explosion hazard including waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius);

16. Any amounts of petroleum oil, nonbiodegradable cutting oil, or products of mineral origin in amounts that cause interference or pass-through, or form persistent water emulsions;

17. Fats, oils, or greases of animal or vegetable origin in concentrations that would cause, or contribute to cause, obstruction to the flow in the POTW or other interference with the operation of the wastewater treatment facilities; or

18. Discharges that result in toxic gases, fumes, or vapors in a quantity capable of causing worker health and safety problems.

B. When the superintendent determines that a user(s) is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the superintendent shall: (a) advise the user(s) of the impact of the contribution on the POTW; and (b) develop effluent limitation(s) for such user to correct the interference with the POTW. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.041 Hazardous waste notification.

All industrial users are required to notify the EPA, the state and the city within 180 days of commencing discharge of listed and characteristic hazardous wastes, the constituents of these wastes, and anticipated discharges of such wastes over a calendar month and over one year. The federal regulations do not apply to discharges of less than 15 kilograms per month of hazardous wastes unless the wastes are acute hazardous wastes. Additionally, notification is not necessary if pollutants are already reported in periodic self-monitoring reports. Any notification under this section need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under BMC 13.50.089. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the superintendent, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations. In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.042 Unlawful disposal of wastes.

It is unlawful for a person to place or deposit in an unsanitary manner upon public or private property within the city any human or animal excrement, garbage or other objectionable waste. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.043 Prohibited discharge locations.

It is unlawful for a user, except city personnel involved in maintenance functions of the sewerage system, to discharge any wastewater directly into a manhole or other opening in a sewer other than through an approved building sewer, unless approved by the superintendent upon written application by the user and payment of any applicable fees and charges established herein. No user shall circumvent or obviate the intent or purpose of this chapter by discharging, or causing to be discharged, into any storm drain, storm water channel, storm water drainage system facility, or natural watercourse, whether currently carrying water or not, or into any pipe, public street, or waterway leading to such drain, channel, facility, or natural watercourse any material, waste, or wastewater, not including unpolluted water, which is prohibited or restricted as to its discharge into the public sewer system. (Ord. 10-02 § 1).

13.50.044 Treatment of wastes required.

It is unlawful to discharge on land or to any stream or watercourse any sewage, industrial waste, or other polluted water, except where suitable treatment is provided in accordance with this chapter. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.046 Unlawful disposal facilities.

It is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, seepage pit or other facilities intended or used for the disposal of sewage, except as provided in this chapter. It is unlawful to discharge trucked or hauled wastes to the sanitary sewers except at points designated by the city. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.050 Federal categorical pretreatment standards.

Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471.

A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the city may impose equivalent concentration or mass limits in accordance with subsections (E) and (F) of this section.

B. When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the superintendent may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentrations for purposes of calculating effluent limitations applicable to individual industrial users.

C. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the city shall impose an alternate limit in accordance with 40 CFR 403.6(e).

D. A CIU may obtain a net/gross adjustment to a categorical pretreatment standard in accordance with the following subsections of this section:

1. Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user’s intake water in accordance with this section. Any industrial user wishing to obtain credit for intake pollutants must make application to the city. Upon request of the industrial user, the applicable standard will be calculated on a net basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of subsection (D)(2) of this section are met.

2. Criteria.

a. Either (i) the applicable categorical pretreatment standards contained in 40 CFR Subchapter N specifically provide that they shall be applied on a net basis; or (ii) the industrial user demonstrates that the control system it proposes or uses to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake waters.

b. Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil and grease should not be granted unless the industrial user demonstrates that the constituents of the generic measure in the user’s effluent are substantially similar to the constituents of generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

c. Credit shall be granted only to the extent necessary to meet the applicable categorical pretreatment standard(s), up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with standard(s) adjusted under this section.

d. Credit shall be granted only if the user demonstrates that the intake water is drawn from the same body of water as that into which the POTW discharges. The city may waive this requirement if it finds that no environmental degradation will result.

E. When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the city convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the city. The city may establish equivalent mass limits only if the industrial user meets all the conditions set forth in subsections (E)(1)(a) through (e) of this section.

1. To be eligible for equivalent mass limits, the industrial user must:

a. Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;

b. Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;

c. Provide sufficient information to establish the facility’s actual average daily flow rate for all waste streams, based on data from a continuous effluent flow-monitoring device, as well as the facility’s long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

d. Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and,

e. Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user’s request for equivalent mass limits.

2. An industrial user subject to equivalent mass limits must:

a. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

b. Continue to record the facility’s flow rates through the use of a continuous effluent flow-monitoring device;

c. Continue to record the facility’s production rates and notify the superintendent whenever production rates are expected to vary by more than 20 percent from its baseline production rates determined in subsection (E)(1)(c) of this section. Upon notification of a revised production rate, the city will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

d. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to subsection (E)(1)(a) of this section so long as it discharges under an equivalent mass limit.

3. When developing equivalent mass limits, the city:

a. Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;

b. Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

c. May retain the same equivalent mass limit in subsequent individual wastewater discharger permit terms if the industrial user’s actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as for treatment pursuant to BMC 13.50.080. The industrial user must also be in compliance with the regulations regarding the prohibition of bypass.

F. The superintendent may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the superintendent. In addition, the superintendent will document how the equivalent limits were derived for any changes from concentration to mass limits, or vice versa, and make this information publicly available (see 40 CFR 403.6(c)(7)).

G. Once included in its permit, the industrial user must comply with the equivalent limitations developed in this section in lieu of the promulgated categorical pretreatment standard from which the equivalent limitations were derived.

H. Many categorical pretreatment standards specify one limit for calculating daily maximum discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both average and the maximum equivalent limitations.

I. Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the superintendent within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the superintendent of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.070 Pollutant limitations and local limits.

No person shall discharge wastewater containing toxic or poisonous substances in sufficient quantity to injure or interfere with the POTW, constitute a hazard to human or animal, degrade water quality, cause a violation in discharge requirements, or create a hazard in the receiving waters of the POTW. The city may from time to time by resolution set local limits on other pollutants or on users to control mass emissions. These local limits will be reviewed by the city as deemed necessary by the superintendent. State requirements and limitations of discharges shall apply in any case where they are more stringent than federal requirements and limitations or those set forth or promulgated pursuant to these regulations. When IUs discharge in excess of a local limit, they are subject to enforcement actions. The superintendent may develop BMPs, by ordinance or in wastewater discharge permits or general permits, in order to achieve compliance with local limits and the requirements of BMC 13.50.040. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.075 Best management practices (BMPs).

The superintendent may develop best management practices (BMPs), by ordinance or in wastewater discharge permits or general permits, to achieve compliance with local limits and the requirements of BMC 13.50.040. (Ord. 10-02 § 1).

13.50.080 Prohibition against dilution as treatment.

No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant-specific limitation developed by the city or state. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.085 Deny/condition new or increased contributions.

The city may deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its NPDES permit. (Ord. 10-02 § 1).

13.50.089 Reports of changed condition.

Each user must notify the superintendent of any changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater at least 14 days before the change.

A. The superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under BMC 13.50.105, 13.50.120 and 13.50.125.

B. The superintendent may issue a wastewater discharge permit or general permit under BMC 13.50.165 or modify an existing wastewater discharge permit or general permit under BMC 13.50.140 in response to changed conditions or anticipated changed conditions. (Ord. 10-02 § 1).

13.50.090 Accidental and slug discharges.

Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user’s own cost and expense.

A. In the case of any discharge, including, but not limited to, accidental discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems to the POTW, it is the responsibility of the user to immediately telephone and notify the superintendent of the incident. The notification shall include location and time of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

B. Written Notice. Within five days following an accidental or slug discharge, the user shall submit to the superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this regulation or other applicable law.

C. Notice to Employees. 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 an accidental or slug discharge. Employers shall ensure that all employees who may cause or suffer any such a discharge to occur are advised of the emergency notification procedure.

D. Significant industrial users shall notify the superintendent immediately of any changes at its facility affecting the potential for a slug discharge. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.095 Slug discharge control plans.

The superintendent will evaluate whether each SIU or IU is required to develop and implement a slug discharge plan within one year of becoming an SIU. If the city decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:

A. Description of discharge practices, including nonroutine batch discharges.

B. Description of stored chemicals.

C. Procedures for immediately notifying the city of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days.

D. If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. (Ord. 10-02 § 1).

13.50.100 Charges and fees.

It is the purpose of this section to provide for the recovery of costs from users of the city’s POTW for the implementation of the program established herein. The applicable charges or fees shall be established by city council resolution.

A. Such charges and fees may include:

1. Fees for reimbursement of costs of setting up and operating the city’s pretreatment program;

2. Fees for monitoring, inspections and surveillance procedures;

3. Fees for reviewing accidental discharge procedures and construction;

4. Fees for permit applications;

5. Fees for filing appeals;

6. Other fees as the city may deem necessary to carry out the requirements contained herein.

B. These fees relate solely to the matter covered by this chapter and are separate from all other fees chargeable by the city. (Ord. 17-10 § 17; Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.105 Permit required.

To provide for the maximum public benefit for the use of the city POTW, written authorization to use said facilities is required. This written authorization shall be in the form of an individual or general wastewater discharge permit. No vested right shall be given by issuance of permits provided for in this section.

A. Wastewater Discharge Permit Types. Wastewater discharge permits will be issued in one of four forms dependent on the type of discharger, volume, and discharge characteristics. The four discharge permit types are:

1. Tier 1 wastewater discharge permits are issued to:

a. Any user subject to federal categorical pretreatment standards.

2. Tier 2 wastewater discharge permits are issued to:

a. Any user having a process waste stream greater than 25,000 gallons per day;

b. Any user that has a reasonable potential for adversely affecting the operation of the POTW or for violating any pretreatment standard or requirement.

3. Tier 3 wastewater discharge permits are issued to:

a. Any user subject to categorical pretreatment standards that does not discharge industrial waste and only discharges domestic waste into the sewerage system;

b. Any user discharging wastewater other than domestic waste only;

c. Any user that implements best management practices as an alternative means (i.e., management plans) of complying with, or in place of, certain established categorical pretreatment standards and effluent limits;

d. Any group of users discharging nondomestic waste (general permits).

4. Temporary wastewater discharge permits are issued to:

a. Any user discharging wastewater temporarily from industrial or other operations;

b. Any user who has a discharge of unpolluted water whereby no alternative method of disposal is available.

B. No user requiring a permit shall discharge wastewater without obtaining a wastewater discharge permit.

C. All users proposing to discharge directly or indirectly into the POTW shall obtain a wastewater discharge permit by filing an application pursuant to BMC 13.50.120 and paying the applicable fees pursuant to Chapter 13.52 BMC.

D. All permits shall be expressly subject to all provisions of this chapter and all other regulations, charges for use, and fees established by the city. Wastewater discharge permit conditions shall be enforced by the city in accordance with this chapter and applicable state and federal regulations. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.106 Tier 3 permit – Application.

Repealed by Ord. 10-02. (Ord. 91-1 N.S., 1991).

13.50.110 Special discharge permit.

A special discharge permit (SDP) is required for a one-time disposal of wastewater to the POTW. The wastewater must comply with local pretreatment standards and be conveyed or transported to the POTW for disposal. An SDP application must be completed for approval along with appropriate fees before permission is granted. A pretreatment charge and volume charge will be assessed to the final bill after the discharge is completed. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.120 Permit – Application.

A. Users seeking to obtain a wastewater discharge permit or general permit shall complete and file with the city, prior to commencing discharge, an application and survey on the forms prescribed by the city. The applicant may be required to submit, in units and terms appropriate for evaluation and in sufficient time to allow proper and thorough evaluation, the following information:

1. Name and address of the facility, SIC number(s) and/or NAICS number(s), and a description of the manufacturing process or service activity.

2. Contact information, including the name of the operator and principals/owners (whichever is applicable) of the company; city of Benicia business license.

3. Description of Operations.

a. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes;

b. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

c. Number and type of employees, hours of operation, and proposed or actual hours of operation;

d. Type and amount of raw materials processed (average and maximum per day);

e. 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;

4. Time and duration of discharges.

5. The location for monitoring all wastes covered by the permit.

6. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in Section 2.2C (40 CFR 403.6(e)).

7. Measurement of Pollutants.

a. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the superintendent, of regulated pollutants in the discharge from each regulated process.

c. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

d. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in BMC 13.50.175. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the superintendent or the applicable standards to determine compliance with the standard.

e. Sampling shall be performed in accordance with procedures set out in BMC 13.50.180.

8. Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on BMC 13.50.180(C)(4).

9. Any request to be covered by a general permit based on BMC 13.50.125.

10. EPA hazardous waste generator number, if applicable.

11. Any other information as specified.

12. Applicants may be required to submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, pretreatment equipment, and appurtenances by size, location, and elevation for evaluation.

13. Applicants may also be required to submit information related to the applicant’s business operations, processes, and potential discharge as may be requested by the city to properly evaluate the permit application.

B. The application shall be signed by an authorized representative of the user and contain the certification statement in BMC 13.50.180(E). The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater contribution permit subject to terms and conditions provided herein. The permit application may be denied if the applicant fails to establish to the city’s satisfaction that adequate pretreatment equipment is included within the applicant’s plans to ensure that the discharge limits will be met or if the applicant has, in the past, demonstrated an inability to comply with applicable discharge limits. (Ord. 91-1 N.S., 1991).

13.50.125 General permit.

A. At the discretion of the superintendent, the superintendent may use general permits to control SIU discharges to the POTW if the following conditions are met. All facilities to be covered by a general permit must:

1. Involve the same or substantially similar types of operations;

2. Discharge the same types of wastes;

3. Require the same effluent limitations or best management practices;

4. Require the same or similar monitoring; and

5. In the opinion of the superintendent, be more appropriately controlled under a general permit than under individual wastewater discharge permits.

B. To be covered by the general permit, the SIU must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, any requests in accordance with BMC 13.50.180(C)(4) for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the POTW deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the superintendent has provided written notice to the SIU that such a waiver request has been granted in accordance with BMC 13.50.180(C)(4).

C. The superintendent will retain a copy of the general permit, documentation to support the POTW’s determination that a specific SIU meets the criteria in subsection (A)(1) through (5) of this section and applicable state regulations, and a copy of the user’s written request for coverage for three years after the expiration of the general permit.

D. The superintendent may not control an SIU through a general permit where the facility is subject to production-based categorical pretreatment standards or categorical pretreatment standards expressed as mass of pollutant discharged per day or for IUs whose limits are based on the combined waste stream formula (BMC 13.50.050(C)) or net/gross calculations (BMC 13.50.050(D)). (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.130 Permit revocation.

The superintendent may revoke an individual wastewater discharge permit or general permit for good cause including, but not limited to, the following reasons:

A. Failure to notify the city of significant changes to the wastewater prior to the changed discharge;

B. Failure to provide prior notification to the city of changed conditions pursuant to BMC 13.50.140 (Permit – Modifications);

C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

D. Falsifying self-monitoring reports and certification statements;

E. Tampering with monitoring equipment;

F. Refusing to allow the city timely access to the facility premises and records;

G. Failure to meet effluent limitations or comply with best management practices;

H. Failure to pay fines;

I. Failure to pay sewer charges;

J. Failure to meet compliance schedule;

K. Failure to complete a wastewater survey or the wastewater discharge permit application;

L. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or general permit or any provisions of this chapter.

Wastewater discharge permits or general permits shall be voidable upon cessation of operations or transfer of business ownership. All individual or general wastewater discharge permits issued to a user are void upon the issuance of a new individual or general wastewater discharge permit to that user. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.140 Permit – Modifications.

The city or superintendent may modify an individual wastewater discharge permit or general permit for good cause, including, but not limited to, the following reasons:

A. To incorporate any new or revised federal, state, or local pretreatment standards or requirements or best management practices;

B. To address significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of the individual or general wastewater discharge permit issuance;

C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

D. Information indicating that the permitted discharge poses a threat to the city’s POTW, city personnel, or the receiving waters;

E. Violation of any terms or conditions of the individual wastewater discharge permit or general permit;

F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

H. To correct typographical or other errors in the individual wastewater discharge permit or general permit; or

I. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with BMC 13.50.170 (Permit transfer). (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.150 Permit conditions.

Users issued a wastewater discharge permit or general permit shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:

A. The baseline equivalent dwelling unit assigned the user, unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

B. Limits on the average and maximum wastewater constituents and characteristics;

C. Limits on average and maximum flow rate and time of discharge or requirements for flow regulations and equalization;

D. Requirements for installation and maintenance of inspection and sampling facilities, pH control, and/or flow-monitoring systems;

E. Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants (or BMP) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

F. Requirements for submission of technical reports, production data, waste manifests, or discharge reports (see BMC 13.50.180);

G. Requirements for maintaining and retaining plant records relating to wastewater discharge for a minimum period of three years unless a longer time period is specified by the city, and affording city access thereto;

H. Requirements for advance notification to the city of any new introduction of wastewater constituents, including hazardous wastes, or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system. It shall be unlawful to introduce new wastewater constituents or to substantially change the volume or character of wastewater constituents released into the wastewater treatment system without prior approval by the city;

I. Requirements for notification of accidental or slug discharges;

J. Installation and maintenance by the user at his own expense of pretreatment facilities necessary to meet the quality limits set forth in this chapter or as the city may require;

K. The installation and maintenance by the user at his own expense of a suitable control manhole in the portion of the side sewer located on private property to facilitate observation, sampling and measurement of the waste. When required, the manhole must be accessible and safely located and shall be constructed as approved by the city;

L. The installation and maintenance by the user at his own expense of grease, oil and sand interceptors or traps necessary for the proper handling of liquid wastes, containing grease and excessive amounts of any inflammable waste, and other harmful ingredients. All interceptors or traps shall be of an approved type and capacity and must be so located as to be readily and easily accessible for cleaning and inspection;

M. The submission to and approval by the city of plans for any of the facilities or equipment required to be installed and maintained by the user. The city approval does not relieve the applicant from demonstrating the successful performance of the facilities or complying with the terms of this part;

N. After commencement of operation of pretreatment facilities, the duty of the user to make periodic reports at his expense setting forth adequate data upon which the acceptability of the sewage, industrial waste or other waste, after treatment, may be determined;

O. Submission to and approval by the city of plans, facilities and operating procedures to prevent accidental discharge of prohibited materials;

P. Other conditions as deemed appropriate by the city to ensure compliance with this chapter;

Q. A statement of permit duration and nontransferability, applicable effluent limits, applicable monitoring and reporting requirements, and a statement of applicable penalties;

R. Effluent limits, including BMPs, based on applicable pretreatment standards;

S. A statement of applicable civil and criminal 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;

T. Requirements to control accidental or slug discharges, if determined by the superintendent to be necessary;

U. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with BMC 13.50.180(C)(4). (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.160 Permit duration.

Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than five years or may be stated to expire on a specific date. The terms and conditions of the permit shall be subject to modification by the city during the term of the permit as limitations or requirements as identified in BMC 13.50.150 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.165 Permit reissuance.

A user with an expiring individual wastewater discharge permit or general permit shall apply for individual wastewater discharge permit or general permit reissuance by submitting a complete permit application, in accordance with BMC 13.50.105 and 13.50.120, a minimum of 180 days prior to the expiration of the user’s existing individual wastewater discharge permit or general permit. (Ord. 10-02 § 1).

13.50.170 Permit transfer.

Wastewater discharge permits and general permits are issued to a specific user for a specific operation. A wastewater discharge permit or general permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.175 Analytical requirements.

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 using a state or national certified lab and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the superintendent or other parties approved by the EPA. (Ord. 10-02 § 1).

13.50.180 Reporting and sampling requirements for permittee.

A. Compliance Date Report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements as described in subsection (D)(5) and BMC 13.50.120(A)(3) and (6). For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. The compliance reports must be signed by an authorized representative of the industrial user, and certified in accordance with subsection (E) of this section.

B. Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by subsection (D)(7) of this section or BMC 13.50.150(F):

1. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation).

2. No increment referred to above shall exceed nine months.

3. The user shall submit a progress report to the superintendent no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule.

4. In no event shall more than nine months elapse between such progress reports to the superintendent.

C. Periodic Compliance Reports.

1. All SIUs (except a nonsignificant categorical user), and any IUs designated by the superintendent, at a frequency determined by the city, shall submit no less than twice per year reports indicating the nature and concentration of pollutants in the effluent discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. Each report is due to the superintendent within 30 days of the last day of the reporting period, one reporting period representing January through June and the other July through December. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the city or the pretreatment standard necessary to determine the compliance status of the user. At the discretion of the superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the superintendent may agree to alter the months during which the above reports are to be submitted.

2. The superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by subsection (C)(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the superintendent, of pollutants contained therein which are limited by the applicable pretreatment standard. All analysis must be performed by a state-certified laboratory using methods approved in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the superintendent or approval authority. Sampling shall be performed in accordance with the techniques approved by the superintendent or designee.

3. If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the superintendent, using the procedures prescribed in BMC 13.50.175, the results of this monitoring shall be included in the report.

4. The city may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:

a. The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility; provided, that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

b. The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit or general permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit or general permit. See BMC 13.50.120(A)(8).

c. In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

d. The request for a monitoring waiver must be signed in accordance with BMC 13.50.020(C), and include the certification statement in subsection (E)(1) of this section.

e. Nondetectable sample results may be used only as a demonstration that a pollutant is not present if the EPA-approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

f. Any grant of the monitoring waiver by the superintendent must be included as a condition in the user’s permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the superintendent for three years after expiration of the waiver.

g. Upon approval of the monitoring waiver and revision of the user’s permit by the superintendent, the industrial user must certify on each report with the statement in subsection (F) of this section that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.

h. In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user’s operations, the user must immediately comply with the monitoring requirements of subsection (C)(1) of this section, or other more frequent monitoring requirements imposed by the superintendent, and notify the superintendent.

i. This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

5. The city may reduce the requirement for periodic compliance reports to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the state, where the industrial user’s total categorical wastewater flow does not exceed any of the following:

a. The POTW’s value for 0.01 percent of the design dry-weather hydraulic capacity of the POTW, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow-monitoring device unless the industrial user discharges in batches;

b. The POTW’s value for 0.01 percent of the design dry-weather organic treatment capacity of the POTW; and

c. The POTW’s value for 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with BMC 13.50.075.

Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in BMC 13.50.020. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the superintendent, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.

D. Baseline Reports. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination under 40 CFR 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the superintendent a baseline report (BMR) which contains the information required in 40 CFR 403.12(b), including but not limited to the following.

1. Identifying information including name, address of the facility, operator and owners.

2. A list of any environmental control permits held by or for the facility.

3. A brief description of the nature, average rate of production, and SIC/NAICS codes of the operation(s) carried out by the industrial user. The description should include a schematic process diagram that indicates points of discharge to the POTW from the regulated processes.

4. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams as necessary to allow use of the combined waste stream formula in 40 CFR 403.6(e). The superintendent may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

5. Measurement of Pollutants.

a. The user shall identify the pretreatment standards applicable to each regulated process.

b. The user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the superintendent) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the standard requires compliance with a BMP, the user shall submit documentation as required by the superintendent or applicable standards to determine compliance with the standard.

c. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.

d. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentration necessary to allow use of the combined waste stream formula in 40 CFR 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the superintendent.

e. Sampling and analysis shall be performed in accordance with BMC 13.50.175.

f. The superintendent may allow the submission of a baseline report that utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

g. The baseline report shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

6. Compliance Certification. A statement, reviewed by the user’s authorized representative as defined in BMC 13.50.020 and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required to meet the pretreatment standards and requirements.

7. Compliance Schedule. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or operation and maintenance must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule must meet the requirements in 40 CFR 403.12(b)(7).

8. All baseline monitoring reports must be certified in accordance with subsection (E) of this section and signed by an authorized representative as defined in BMC 13.50.020.

E. Statement Required/Data Accuracy Certification.

1. Each report requires a statement, reviewed by an authorized representative of the industrial user, as defined in BMC 13.50.020, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.

The following certification shall be included in reports to the city:

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

2. A facility determined to be a nonsignificant categorical industrial user by the superintendent pursuant to BMC 13.50.020 must annually submit the signed certification statement as follows:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR ____, I certify that, to the best of my knowledge and belief that during the period from __________, ________ to ________, ________ [months, days, year]:

(a) The facility described as ____________________ [facility name] met the definition of a Non-Significant Categorical Industrial user as described in BMC 13.50.020; (b) The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based on the following information.

F. Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on subsection (C)(4) of this section must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user:

Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR _______ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ______ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 13.50.180C.

G. Sampling Requirements. All significant and noncategorical industrial users are required to sample their effluent at least twice a year and submit the results to the city.

H. All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.183 Sample Collection.

Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

A. Except as indicated in subsections (B) and (C) of this section, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the POTW. Where time-proportional composite sampling or grab sampling is authorized by the POTW, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the POTW, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

C. For sampling required in support of baseline monitoring and 90-day compliance reports required in BMC 13.50.180(A) and (D), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the POTW may authorize a lower minimum. For the reports required by BMC 13.50.180(C), the user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements. (Ord. 10-02 § 1).

13.50.185 Recordkeeping requirements.

Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established by the city in its chapter, in general permits or in individual wastewater discharge permits, to implement local limits and the requirements of BMC 13.50.040. Recordkeeping requirements are as follows:

A. Industrial users shall maintain records of all information resulting from any monitoring activities required. Such records shall include for all samples:

1. The date, exact place, method, and time of sampling and the names of the person or persons taking the samples or chain of custody;

2. The dates analyses were performed;

3. Who performed the analyses;

4. The analytical techniques/methods used; and

5. The results of such analyses.

B. Industrial users are required to retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required) and shall make such records available for inspection and copying by the city. This period shall be automatically extended for the duration of any unresolved litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the city. (Ord. 10-02 § 1).

13.50.190 Monitoring requirements.

The city shall require to be provided and operated at the user’s own expense monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user’s premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city’s requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety days following written notification by the city. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.200 Right of entry – Inspection and sampling.

The superintendent shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any individual wastewater discharge permit or general permit or order issued hereunder. Users shall allow the superintendent ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

A. Where a user has security measures in force that require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city shall be permitted to enter without delay for the purposes of performing specific responsibilities.

B. The superintendent shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.

C. The superintendent may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated according to manufacturer’s specification to ensure accuracy.

D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the superintendent and shall not be replaced. The costs of clearing such access shall be borne by the user.

E. Unreasonable delays in allowing the superintendent access to the user’s premises shall be a violation of this chapter. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.210 Pretreatment.

Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. 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 an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user’s initiation of the changes.

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.215 POTW requirements.

A. The city will notify users of applicable pretreatment standards and requirements.

B. The city will inspect and sample the effluent from each SIU at least once per year. The city will evaluate, at least once every two years, whether each SIU needs a plan to control slug discharges.

C. The city will develop and implement an enforcement response plan. The plan must describe how the control authority will investigate noncompliance, the types of escalating enforcement responses, time periods for responses, and the responsible personnel.

D. The city will maintain a list of industrial users that meet the definition of “significant” or “nonsignificant,” identifying the criteria that placed the user on the list, and submit the list periodically to the approval authority indicating which industrial users should not be considered significant. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.220 Confidential information.

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

When requested by the person furnishing a report, in accordance with 40 CFR Part 2 the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the national pollutant discharge elimination system (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined in 40 CFR 403.14(b), shall not be recognized as confidential information and shall be available to the public without restriction. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.230 Emergency suspensions.

A. The superintendent may suspend the water service, wastewater treatment service, and/or wastewater discharge permit or general permit of a user whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment or significant violation to the health or welfare of persons, the POTW, or the environment.

B. Any user notified of a suspension of the water service, wastewater treatment service, and/or the wastewater discharge permit or general permit shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the superintendent shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The superintendent shall allow the user to recommence its discharge when the endangerment has passed, unless the termination proceedings set forth in BMC 13.50.240 are initiated against the user.

C. Any user that is responsible in whole or in part for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the superintendent prior to the date of the hearing described in subsection (B) of this section. (Ord. 10-02 § 1; Ord. 92-1 N.S. § 1, 1992; Ord. 91-1 N.S., 1991).

13.50.240 Permit – Enforcement – Termination of permit.

Any user who violates the following conditions is subject to water service suspension or permit termination:

A. Violation of permit conditions;

B. Failure to accurately report the wastewater constituents and characteristics of its discharge;

C. Failure to report significant changes in operations or wastewater constituents and characteristics;

D. Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling;

E. Violation of the pretreatment standards and applicable state and federal law.

Noncompliant industrial users will be notified of the proposed termination of their wastewater discharge permit or general permit and be offered an opportunity to show cause or appeal under BMC 13.50.260 why the proposed action should not be taken. Exercise of this option by the city shall not be a bar to, or a prerequisite for, taking any other action against the IU. (Ord. 10-02 § 1; Ord. 92-1 N.S. § 2, 1992; Ord. 91-1 N.S., 1991).

13.50.250 Notification of violation.

Whenever the superintendent finds that any user has violated or is violating this chapter, or a wastewater discharge permit or general permit or order issued hereunder, the superintendent or his duly authorized representative may serve upon said user written notice of violation. Within 10 days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. (Ord. 10-02 § 1; Ord. 92-1 N.S. § 3, 1992; Ord. 91-1 N.S., 1991).

13.50.251 Notice of violation and repeat sampling.

If sampling performed by a wastewater discharge permittee indicates a violation, the user must notify the superintendent within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis within five days of becoming aware of the violation and submit the results of the repeat analysis to the superintendent within 30 days after becoming aware of the violation. Resampling by the user is not required if the city performs sampling at the user’s facility at least once per month, or if the city performs sampling at the user’s facility between the time when the initial sampling was conducted and the time when the user receives the results of this sampling, or if the city has performed the sampling and analysis in lieu of the IU. (Ord. 10-02 § 1).

13.50.252 Enforcement – Administrative orders.

The superintendent is hereby empowered to issue administrative orders or other similar documents establishing an agreement with the user responsible for the noncompliance. Such orders will include specific action to be taken by the user including, but not limited to, installation of pretreatment equipment, or adoption of BMPs, or need for additional operation and maintenance personnel to correct the noncompliance within a time period also specified by the order. Administrative orders shall have the same force and effect as consent orders issued. (Ord. 10-02 § 1).

13.50.255 Enforcement – Cease and desist orders.

When the superintendent finds that an industrial user has violated or continues to violate this chapter or any permit or order issued hereunder, the superintendent may issue an order to cease and desist all such violations and direct those persons in noncompliance to:

A. Comply forthwith;

B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. (Ord. 10-02 § 1; Ord. 92-1 N.S. § 4, 1992).

13.50.260 Enforcement – Show cause hearing.

A. The superintendent may order any industrial user which causes or contributes to a violation of this chapter or wastewater discharge permit or general permit or order issued hereunder to show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified industrial user appears as noticed, immediate enforcement action may be pursued.

B. The city council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee to:

1. Issue in the name of the city council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

2. Take the evidence;

3. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the city council for action thereon.

C. At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

D. After the city council has reviewed the evidence, it may issue an order to the user responsible for the discharge. This order may direct that, following a specified time period, the sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Further orders and directives as are necessary and appropriate may be issued. (Ord. 10-02 § 1; Ord. 92-1 N.S. § 5, 1992; Ord. 91-1 N.S., 1991).

13.50.265 Enforcement – Consent orders.

The superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued. (Ord. 10-02 § 1; Ord. 92-1 N.S. § 6, 1992).

13.50.266 Enforcement – Compliance orders – Discontinuance of sewer service.

When the superintendent finds that an industrial user has violated or continues to violate this chapter or a permit or order issued hereunder, he may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices. (Ord. 10-02 § 1; Ord. 92-1 N.S. § 7, 1992).

13.50.270 Enforcement – Legal action.

If any user discharges sewage, industrial wastes or other wastes into the wastewater disposal system contrary to the provisions of this chapter or any order or permit issued hereunder, the superintendent, through the city attorney, may commence an action for appropriate legal and/or equitable relief in the Solano County superior court or the municipal court for Solano County. (Ord. 10-02 § 1; Ord. 92-1 N.S. § 8, 1992; Ord. 91-1 N.S., 1991).

13.50.275 Enforcement – Injunctive relief.

Whenever an industrial user has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the superintendent, through counsel, may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user. The superintendent shall have such remedies to collect these fees as it has to collect other sewer service charges. (Ord. 10-02 § 1; Ord. 92-1 N.S. § 9, 1992).

13.50.280 Violations – Public nuisance.

It is prohibited and a public nuisance for any user to violate an order of the city council or willfully or negligently fail to comply with any provision of these regulations, and the orders, rules, regulations and permits issued hereunder. The nuisance shall be abated as provided by this code or state law. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. The city may recover reasonable attorney’s fees, witness fees, court costs, court reporters’ fees and other expenses of litigation by appropriate suit at law against the person found to have violated these regulations or the orders, rules, regulations, and permits issued hereunder. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.285 Enforcement – Civil/criminal remedies – Administrative fines.

Notwithstanding any other section of this chapter, any person who discharges any wastes or pollutants, as defined in California Water Code Section 13050, except as permitted by waste discharge requirements, or who is found to have violated any provision of this chapter or permits and orders issued hereunder, or who refuses to comply with the requirements adopted pursuant to Section 13385 or 13387 of the Water Code, shall be subject to a civil/criminal penalty at least in the amount of $250.00, but not to exceed $25,000, for each day in which such discharge, violation, or refusal occurs. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. In addition to the penalties provided herein, the city may recover reasonable attorney’s fees, witness fees, court costs, court reporter fees, sample collection costs, and all other expenses of litigation incurred by the city and resulting from any action brought against a person found to have violated this part, or the orders, rules, regulations, and permits issued hereunder. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. A lien against the user’s property shall be sought for any unpaid charges, fees, or penalties. (Ord. 10-02 § 1; Ord. 92-1 N.S. § 10, 1992).

13.50.290 Violations – Penalties.

Repealed by Ord. 03-9. (Ord. 91-1 N.S., 1991).

13.50.295 Enforcement – Appeal process.

Users desiring to dispute such fines or enforcement actions (including, but not limited to, notifications of violation, permit revocation, cease and desist orders, and compliance orders) must file a request for the superintendent to reconsider the fine or the applicable enforcement action within 10 days of being notified of the fine or enforcement action. The superintendent shall convene a hearing on the matter within 15 days of receiving the request from the user. If the user is still aggrieved by the superintendent’s decision after reconsideration of the matter, the user shall have the right to appeal to the city council at a regularly scheduled meeting of the council, to show cause why a proposed enforcement action should not be taken. (Ord. 10-02 § 1; Ord. 92-1 N.S. § 11, 1992).

13.50.300 Violations – Misdemeanor.

A. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to these regulations, or wastewater discharge permit or general permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these regulations, is guilty of a misdemeanor.

B. Any user who violates an order of the city council or who willfully or negligently fails to comply with any provision of these regulations and the orders, rules, regulations and permits issued hereunder is guilty of a misdemeanor.

C. Each person is guilty of a misdemeanor for each and every day during any portion of which the violation(s) set forth in subsection (A) or (B) of this section is committed, continued or permitted by that person. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.310 Penalties – Cumulations.

The penalties set forth above are not exclusive and are cumulative to each other as well as to other penalties under other federal, state and local laws and regulations. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.315 Enforcement – Liability insurance.

The superintendent may decline to reissue a permit to any user which has failed to comply with the provisions of this chapter, or any order or previous permit issued hereunder, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge. (Ord. 10-02 § 1; Ord. 92-1 N.S. § 12, 1992).

13.50.320 Severability.

If any provision, paragraph, word, section or article of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections or articles shall not be affected and shall continue in full force and effect. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.325 Enforcement.

The remedies provided for in this chapter are not exclusive. The city may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the city may take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user. (Ord. 10-02 § 1).

13.50.330 Conflict.

All other chapters and parts of other chapters inconsistent or conflicting with any part of this chapter are hereby repealed to the extent of such inconsistency or conflict. Should there be any conflict between this chapter and the general pretreatment regulations (40 CFR Part 403), the general pretreatment regulations shall control. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.340 Exceptions – Special agreements.

The city may enter into a special agreement with a person or establishment whereby an industrial waste of unusual strength or character may be accepted by the city for treatment subject to payment and to such terms and conditions as the city may fix. Under no circumstances shall the agreement include any waiver of national categorical pretreatment standards. (Ord. 10-02 § 1; Ord. 91-1 N.S., 1991).

13.50.360 Publication of industrial users in significant noncompliance.

The city shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the IUs which, at any time during the previous 12 months, were in significant noncompliance (SNC) with applicable pretreatment standards and requirements. The term “SNC” shall be applicable to all SIUs (or any other IU that violates subsections (C), (D) or (H) of this section), and shall mean:

A. Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in BMC 13.50.040;

B. Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits as defined by BMC 13.50.040, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

C. Any other violation of a pretreatment standard or requirement as defined in this chapter (daily maximum, monthly average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;

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

E. Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or general permit or enforcement order for starting construction, completing construction, or attaining final compliance;

F. Failure to provide, within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

G. Failure to accurately report noncompliance; or

H. Any other violation(s), which may include a violation of best management practices, which the superintendent determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 10-02 § 1).

Prior ordinance history: Ords. 88-13 N.S. and 90-11 N.S.