Chapter 13.36 PRETREATMENT

This title sets forth uniform requirements for users of the POTW for the city and enables the city to comply with all applicable federal, state and local laws, including the Act and the general pretreatment regulations (40 CFR Part 403) or as amended. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.030 Minimum standards.

User agencies which contribute to the city sewer facilities shall, at a minimum, comply with all of the requirements of this title. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.050 Wastewater discharge permit classification.

The director of utilities will classify all users in accordance with the principal activity conducted on the premises where the discharge occurs. The purpose of the classification is to facilitate regulation of discharges to the subregional system on the basis of each user’s waste quality, quantity, flow, and city involvement; to provide an effective means of source control of toxic substances; and to provide a basis for sewer use charges to ensure an equitable recovery of capital and operating costs. User permit classifications are as follows:

A. Nonresidential User. Users that discharge nondomestic wastewater to the sanitary sewer system and do not meet the criteria of SIU.

B. Nonsignificant Categorical Industrial User. Defined in Section 13.34.030.

C. Significant Industrial User. As defined in Section 13.34.030.

D. Ongoing Groundwater Discharger. Users that discharge wastewater generated from groundwater remediation projects in excess of six months.

E. One-Time Discharger. Users that discharge wastewater generated as a result of purging monitoring wells, dewatering underground storage tanks, groundwater sampling, or for a variety of circumstances.

F. Waste Hauler. Haulers that discharge domestic septic waste, portable chemical toilet waste, nonhazardous commercial or industrial waste, groundwater remediation site waste, and/or landfill leachate at the POTW.

Residential users under normal circumstances will not be required to apply for or receive a wastewater discharge permit as defined in this title, providing that said user discharges only domestic wastewater. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

Article I. General Sewer Use Requirements

13.36.070 Prohibited discharge standards.

A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through, interference, or is listed in the specific prohibitions in subsection B of this section. These general prohibitions apply to all users discharging to the POTW whether or not they are subject to categorical pretreatment standards or any other federal, state, or local pretreatment standards or requirements.

B. Specific Prohibitions. No person shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

1. Pollutants which create fire or explosive hazard in the POTW, including but not limited to wastestreams with closed cup flashpoint of less than one hundred forty degrees Fahrenheit (sixty degrees Celsius) using test methods specified in 40 CFR Part 261.21 or as amended, or at any point in the POTW, of more than ten percent of the lower explosive limit on a combustible gas meter; or

2. Wastewater having a pH less than 5.0 or more than 12.0, or any substance causing corrosive structural damage to the POTW, or equipment as standardized in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods SW-846, current edition; or

3. Solid or viscous pollutants in amounts or concentrations which will cause or threaten to cause obstruction of the flow in the POTW resulting in interference, but in no case solids greater than one-fourth inch or 0.635 centimeter in any dimension. The installation and use of garbage grinders (disposals) in commercial food establishments is prohibited, except in the case where a one-thousand-gallon minimum interceptor is in use (40 CFR Part 403.5(b)(3) or as amended); or

4. Pollutants, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW (40 CFR Part 403.5(b)(4) or as amended); or

5. Wastewater having a temperature which will inhibit biological activity in the POTW resulting in interference, but in no case wastewater which causes the temperature at the POTW to exceed one hundred four degrees Fahrenheit (forty degrees Celsius) (40 CFR Part 403.5(b)(5) or as amended); or

6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through; or

7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems (40 CFR Part 403.5(b)(7) or as amended); or

8. Trucked or hauled pollutants, except at discharge points designated by the POTW (40 CFR Part 403.5(b)(8) or as amended); or

9. Any wastewater containing toxic pollutants in sufficient quantity, 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 exceed the limitation set forth in a categorical pretreatment standard. Toxic pollutants shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act or as amended; or

10. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, is sufficient to create a public nuisance or a hazard to life or is sufficient to prevent entry into the sewers for maintenance or repair; or

11. Any malodorous substance such as hydrogen sulfide or any other substance which will cause offensive odors in the sewer system or at the treatment plant; or

12. 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 to 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 or as amended, any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act or the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used; or

13. Any substance which will cause the POTW to violate the NPDES permit or waste discharge requirements issued by the state; or

14. Any wastewater containing substances that may precipitate, solidify, or become viscous at temperatures capable of either causing obstruction to the flow in the sewers or interfering with the proper sewer system operation and maintenance; or

15. Any portions of the human anatomy; or

16. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the POTW’s effluent, thereby violating the city’s NPDES permit; or

17. Wastewater containing any radioactive waste or isotopes except in compliance with applicable state or federal regulations; or

18. Unpolluted water(s) including but not limited to storm water, surface water, roof runoff, subsurface drainage, noncontact cooling water or other; or

19. Sludges, screenings, or other residues from the pretreatment of industrial wastewater; or

20. Any infectious waste that is deemed a threat to the public health and safety, or will result in any violation of applicable waste discharge requirements, shall be rendered noninfectious prior to discharge; or

21. Wastewater causing the POTW effluent to fail a toxicity test; or

22. Pollutants which create conditions which violate any statute, rule, regulation, or ordinance of any public agency relating to releases of hazardous wastes, hazardous substances, or other pollutants to the environment when such release is to a publicly owned sanitary sewer; or

23. Any substance which is not amenable to treatment by the processes employed at the POTW; or

24. Any substance which may cause damage to city facilities; or

25. Any slug loading; or

26. Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW; or

27. Any of the following prohibited substances as tested according to approved 40 CFR 136 methods:

a. Aldrin;

b. Alpha-endosulfan;

c. Benzidine and its salt;

d. BHC-Alpha;

e. BHC-Beta;

f. BHC-Delta;

g. BHC-Gamma (Lindane);

h. Chlordane;

i. Chrysene;

j. DDD, DDE, and DDT;

k. Dieldrin;

l. Endrin;

m. Endrin aldehyde;

n. Endosulfan II (B endosulfan);

o. Endosulfan sulfate;

p. Heptachlor;

q. Heptachlor epoxide;

r. Phenanthrene;

s. Polychlorinated biphenyl compounds (PCBs);

t. Tetrachloroethene (Perchloroethylene, Perc);

u. Toxaphene;

v. 2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCCD); or

28. Any septic tank waste, holding tank waste, or portable toilet waste unless a permit is issued by the city and unless such sludge or waste is transported to the POTW by a permitted waste hauler in accordance with the regulations set forth within this title; or

29. Wastewater causing two successive readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than five percent, or any single reading over ten percent of the lower explosive limit of the meter.

C. Compliance by existing sources with the national categorical pretreatment standards shall be within three years of the date the standard is promulgated unless a shorter compliance time is specified in the appropriate subpart of 40 CFR, Chapter I, Subchapter N or as amended. Upon the promulgation of the national categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The director of utilities will notify all affected users of the applicable reporting requirements under 40 CFR Part 403.12 or as amended.

D. Other Prohibitions.

1. No user shall discharge any wastewater directly into a manhole or other opening in the city sewage system other than through sewer laterals or other sewer connection approved by the director of public works, unless a permit has been obtained for such discharge. A permit will only be issued for such direct discharge in the event the discharge is otherwise in compliance with provisions of this title and no other alternative is reasonably available in the opinion of the director of public works.

2. Any discharge of sewage, industrial/commercial waste or other polluted waters into any storm drain or natural outlet.

3. Pollutants, substances, or wastewater prohibited by this title shall not be processed or stored in such a manner that they could be discharged to the POTW.

4. No person who owns, operates or maintains a restaurant shall at any time discharge any wastewater to the storm drain, service dock areas, or ground. Wastewater generated by restaurants shall be disposed of through a sanitary sewer, and an approved grease removal device, interceptor, or sample station connected to a sanitary sewer or hauled off site and disposed at a legal disposal site.

5. It shall be unlawful for any person to discharge the contents of a swimming pool or a spa into the city sewer system except in the manner specified herein. The size of pipe carrying discharge water shall not be larger than one inch and shall not be under a head to exceed twenty feet. If the water is discharged by pumping, the rate of flow shall not exceed fifty gallons per minute. Each swimming pool or spa discharging to a sanitary sewer shall be equipped with an approved air gap to preclude any possibility of a backflow of sewage into the swimming pool or spa piping system. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.080 National categorical pretreatment standards.

A. The categorical pretreatment standards found in 40 CFR Parts 405 through 471 or as amended are hereby incorporated.

B. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the director of utilities may impose equivalent concentration or mass limits in accordance with 40 CFR Part 403.6(c) or as amended.

C. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the director of utilities shall impose an alternate limit using the combined wastestream formula or flow weighted average in 40 CFR Part 403.6 or as amended.

D. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR Part 403.13 or as amended, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

E. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR Part 403.13 or as amended. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.090 State and federal pretreatment standards.

In the event that either state or federal requirement standards for discharge to the POTW are more stringent than the limitations, requirements, and standards set forth in this title, the most stringent standards or requirements shall apply. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.100 Local limits.

The following pollutant limits are established to protect against pass through and interference. No SIU or groundwater remediation project shall discharge or cause to discharge any wastewater containing in excess of the following daily maximum allowable discharge limits. In addition the director of utilities may apply all or some of the limits set forth below as the director of utilities deems appropriate and designates in the user’s permit.

1.	Arsenic (Total)	0.5	mg/l*
2.	Cadmium (Total)	0.2	mg/l
3.	Chromium (Total)	2	mg/l
4.	Copper (Total)	1	mg/l
5.	Cyanide (Total)	0.2	mg/l
6.	Lead (Total)	0.3	mg/l
7.	Mercury (Total)	0.0003	mg/l
8.	Nickel (Total)	3	mg/l
9.	Zinc (Total)	2	mg/l
10.	pH	5 – 12
11.	Silver (Total)	0.5	mg/l
12.	TPH Gas and Diesel**	100	mg/l
13.	Total Dissolved Solids (TDS)	5,200	mg/l
14.	Halogenated TTO**	0.02	mg/l
15.	BTEX***	2	mg/l

* mg/l = milligrams per liter; SU = Standard Units

** Groundwater remediation and cleanup projects only.

• Total Petrolem Hydrocarbons (TPH) Gas and Diesel

• Halogenated TTO = Carbon tetrachloride (tetrachloromethane), Chlorobenzene, 1,2,4-Trichlorobenzene, 1,2-Dichloroethane, 1,1,1-Trichloroethane, 1,1-Dichloroethane, 1,1,2-Trichloroethane, 1,1,2,2-Tetrachloroethane, Chloroethane, 2-Chloroethylvinyl ether (mixed), Chloroform (trichloromethane), 1,2-Dichlorobenzene, 1,3-Dichlorobenzene, 1,4-Dichlorobenzene, 1,1-Dichloroethylene, 1,2-Trans-dichloroethylene, 1,2-Dichloropropane, 1,3-Dichloropropylene (cis 1,3-dichloropropene, trans 1,3-dichloropropene), Methylene chloride (dichloromethane), Methyl chloride (chloromethane), Methyl bromide (bromomethane), Bromoform (tri-bromomethane), Dichlorobromomethane, Chlorodibromomethane, Trichloroethylene, Vinyl chloride (chloroethylene), cis-1,2-dichloroethene.

*** BTEX = Benzene, Toluene, Ethylbenzene, Xylene. The sum of Halogenated TTO or BTEX test values are defined as the summation of all values observed at levels greater than 5 micrograms/liter (ug/L). Results less than 5 ug/L will not be considered or included in the summation.

The above limits apply at the point where the wastewater is discharged to the POTW. The director of utilities may impose mass limitations in addition to, or in place of, the concentration based limitations above.

The director of utilities may allow the SIU to discharge in excess of local limits when, at the discretion of the director of utilities, the SIU has implemented all applicable best management practices adopted by the city. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.110 City’s right of revision.

The city reserves the right to establish, by ordinance, resolution, or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.120 Dilution.

No industrial user shall increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The director of utilities may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements or in other cases when, in the opinion of the director of utilities, the imposition of mass limitation is appropriate. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.130 Vandalism/tampering.

No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any monitoring equipment so as to cause alteration of the sampling analysis or readings or cause damage or destruction of equipment being utilized to determine compliance with this title. Tampering with a city-installed meter may be subject to fines in accordance with this title. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.150 Seasonal flow.

Seasonal flow is defined as an industrial wastewater discharge during any thirteen-day period during which the average volume and/or strength of any regulated wastewater characteristic exceeds the respective yearly averages by fifty percent. Seasonal flow dischargers shall be subject to wastewater treatment plant service capacity allocation by the director of utilities. If overloading conditions occur or threaten to occur at the treatment plant or if unused service capacity is insufficient to accommodate all seasonal flows, the director of utilities may allocate available service capacity among all seasonal dischargers. In allocating the flow or constituent load, the director of utilities shall take into account the discharger’s nonseasonal flow, wastewater conservation practice, economic and environmental impact, historical data, and any other consideration advanced by the discharger which will help the director of utilities make an equitable allocation. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.170 Unusual conditions.

Notwithstanding any provision of this title to the contrary, the city council and any person may enter into an agreement where unusual conditions compel special terms and conditions and charges for the interception, treatment and disposal of an industrial wastewater necessary to meet the purposes of this title. In no event, however, may the national categorical pretreatment standards referred to in Section 13.36.080, or as amended, or any other federal or state standard, be relaxed or waived. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.175 Temporary suspension.

A wastewater discharge permit may be temporarily suspended by the director of utilities at any time if, in his or her opinion, the continued discharge of the waste or water into the sewer system would, when combined with other discharges into the sewer system, exceed the city’s allocated capacity service in the subregional system, substantially jeopardize the ability of the treatment system to meet water quality requirements or would cause an unsafe condition to occur. In lieu of temporary suspension of permits, the director of utilities may impose such temporary restrictions, conditions, or limitations upon the quantities, qualities, and rates of discharge made thereunder as deemed necessary to assure that said receiving water quality requirements will not be violated by the discharge to the POTW, or to alleviate the unsafe condition. In addition, the director of utilities may suspend a wastewater discharge permit at any time if he/she deems said suspension necessary to halt or prevent a discharge that has the potential to endanger human lives and/or injure the environment. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.180 Notice of suspension.

Notice of the temporary suspension or the imposition of temporary restrictions, conditions, or limitations shall be given in writing by the director of utilities to the user at least twenty-four hours prior to their effective date. Delivery of said notice to the user’s place of business within the city shall constitute delivery of notice to user. In circumstances where the director of utilities deems it necessary to suspend a wastewater discharge permit in order to prevent potential danger to human life and/or injury to the environment, or in any circumstance that would cause a violation of the treatment plant’s NPDES permit, no notice pursuant to this section is required. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.190 Slug control plan.

A. The director of utilities may require any SIU or other user to develop a slug control plan. Before issuance of a wastewater discharge permit, the director of utilities shall determine whether a user needs such a plan. Any user required to develop and implement a slug control plan shall submit, at a minimum, the following:

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

2. Description of stored chemicals.

3. Procedures for immediately notifying the director of utilities of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges.

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

B. In the case of an accidental spill or slug discharge, refer to Section 13.36.510, Reports of potential problems. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.200 Separation of domestic and process wastestream.

All domestic wastewater (i.e., restrooms, showers, drinking fountains) shall be separated from process wastewater until the process wastewater has passed through a required pretreatment system and/or the user’s monitoring facility. When directed to do so by the director of utilities, users shall separate existing domestic wastewater from process wastestream. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.210 Hauled wastewater.

A. Septic tank waste may be introduced into the POTW only at locations designated by the director of utilities, and at such times as are established by the director of utilities. Such waste shall not violate any requirements established by the city. The director of utilities will require septic tank waste haulers to obtain wastewater discharge permits.

B. The director of utilities shall require haulers/generators of industrial wastewater to obtain wastewater discharge permits. The director of utilities also may prohibit the disposal of hauled industrial wastewater. The discharge of hauled industrial wastewater is subject to all other requirements of this title.

C. Industrial wastewater haulers shall discharge loads only at locations designated by the director of utilities. No load may be discharged without prior consent of the director of utilities. The director of utilities may collect samples of each hauled load to ensure compliance with applicable standards. The director of utilities may require the industrial wastewater hauler/generator to provide a waste analysis of any load prior to discharge.

D. Septic and/or industrial wastewater haulers shall provide a waste tracking form for every load. This form shall include, at a minimum, the name and address of the industrial wastewater hauler, permit number, truck identification, names and addresses of sources of waste, volume, and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents.

E. Hauled groundwater discharges shall be subject to the criteria set forth in this section.

F. Trucked wastes of commercial and/or industrial origin which are generated outside of the subregional service area (Cotati, Sebastopol, Santa Rosa, Rohnert Park, South Park Sanitation District) may be accepted for disposal with the prior approval of the director of utilities. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.215 Cleanup and remediation projects.

Treated water(s) generated from the cleanup of spills, leaking underground storage tanks, contaminated soil or groundwater, monitoring wells, or other similar sources shall not be discharged through direct or indirect connection to the city sewer system unless a temporary permit or a wastewater discharge permit is issued by the director of utilities. The director of utilities may approve the discharge of such wastewater and issue such a permit only when, in its judgment, no reasonable alternative method of disposal is available and the city’s facilities will not be significantly affected.

If a temporary discharge permit is granted for the discharge of such wastewater, the user shall pay such fees and charges and meet such special conditions and requirements as determined by the director of utilities to specifically apply for that particular discharge. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.220 Disposal of pretreatment sludge.

Any sludge or other material removed from the industrial wastewater by the pretreatment facility shall be disposed of in accordance with applicable federal, state and local laws. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

Article II. Wastewater Discharge Permit Application Process

13.36.230 Wastewater discharge permit.

A. No SIU or nonresidential user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the director of utilities, except when the SIU has filed a timely application and their wastewater discharge permit is pending finalization.

B. The director of utilities may require other users to obtain a wastewater discharge permit as necessary to carry out the purposes of this title.

C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this title. Obtaining a wastewater discharge permit does not relieve a user of its obligation to comply with all federal and state pretreatment standards or requirements with any federal, state and local law. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.240 Authorization to discharge.

The wastewater discharge permit expressly authorizes a user to discharge wastewater to the POTW and is issued for that purpose. If, for any reason, a wastewater discharge permit is revoked, suspended, or otherwise held invalid, authorization to discharge is terminated and the user shall cease all discharge. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.250 Wastewater discharge permit – Existing conditions.

Any nonpermitted user not required to obtain a wastewater discharge permit, who was discharging to the POTW prior to the effective date of the ordinance codified in this title, and who wishes to continue such discharges in the future, shall, within thirty days after the effective date of the ordinance codified in this title, apply to the director of utilities for a wastewater discharge permit in accordance with this title. The user shall not cause or allow discharges to the POTW to continue after thirty days of the effective date of the ordinance codified in this section except in accordance with a wastewater discharge permit issued by the director of utilities. Permits issued by the director of utilities, pursuant to prior pretreatment requirements, shall remain valid for their stated terms or until terminated or amended pursuant to this title. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.260 Wastewater discharge permit – New connections.

Any user who is required to obtain a wastewater discharge permit and who proposes to begin or recommence discharging into the POTW shall obtain such permits prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit shall be filed a minimum of sixty days prior to the date upon which any discharge will begin or recommence. All new industrial users shall arrange for the director of utilities to conduct a walk-through site inspection of the user’s facilities during the sixty-day period prior to connecting or contributing waste or wastewater to the city’s sewer system. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.270 Regulation of waste received from other jurisdictions.

A. Any existing user located outside the Cotati city limits and discharging into the subregional system shall submit a wastewater discharge permit application within ninety days of the effective date of the ordinance codified in this section, or in the case a valid permit exists and does not violate any part of this title, shall not have to reapply until the permit expiration date. New users located outside the city limits and discharging to the subregional system shall submit such applications to the director of utilities at least sixty days prior to any proposed discharge into the POTW.

B. Alternately, the director of utilities may enter into an agreement with the neighboring jurisdiction in which the user is located to provide for the implementation and enforcement of pretreatment program requirements against said users. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.280 Wastewater discharge permit application contents.

The director of utilities may require all users to submit, either independently or as part of an application, the following information:

A. Identifying Information. The name and address of the facility, including the name of the operator and owner.

B. General Facility Description. SIC numbers, hours of operation, principal business activities, products produced and/or services provided at this facility, number and type of employees, and proposed or actual hours of operation.

C. Environmental Control Permits. A list of any environmental control permits held by or for the facility including permitting agency, permit type, and identification number.

D. Description of Operations. Facilities and plant operations/processes, wastewater generating activities, type and amount of raw materials processed (average and maximum per day) and disposal methods, each product produced by type, amount, process or processes, and rate of production, time(s), and duration of all process discharges.

E. Facility Layout. Facility layout including floor plans, mechanical and plumbing plans, process flow, and details to show all sewers, floor drains, and appurtenances by size, location and elevation and discharge locations.

F. Flow Measurement. Measured average and maximum daily flow, monthly average, and seasonal variations of wastewater flow rates in gallons per day to the city sewer system from regulated process streams and other streams as necessary to use the combined wastestream formula or flow weighted average formula.

G. Pollutant Measurement. Wastewater constituents and characteristics, including any pollutants in the discharge which are limited by any federal, state, or local standards, or pretreatment standards applicable to each regulated process; and nature and concentration (or mass if pretreatment standard requires) of regulated pollutants in each regulated process (daily maximum and average concentration or mass when required by a pretreatment standard). Sampling and analysis will be undertaken in accordance with 40 CFR Part 136.

H. Compliance Certification. A certification statement reviewed by an authorized representative of the user and certified by a qualified professional indicating whether or not the pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance and/or additional pretreatment is necessary for the user to meet pretreatment standards and requirements. (40 CFR Part 403.12(b)(6).)

I. Other Information. Any other information as may be deemed by the director of utilities to evaluate the permit application. Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.285 Application signatories and certification.

All wastewater discharge permit applications shall be signed by a responsible corporate officer, general partner, proprietor, or duly authorized representative of the user and contain the following certification statement (40 CFR Part 403.12(l) or as amended):

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. (40 CFR Part 403.6(a)(2)(ii) or as amended.)

(Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.290 Wastewater discharge permit decisions.

The director of utilities will evaluate the data furnished by the user and may require additional information. Within sixty days of receipt of a complete wastewater discharge permit application, the director of utilities will determine whether or not to issue a wastewater discharge permit and the director of utilities may deny any application for a wastewater discharge permit. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

Article III. Wastewater Discharge Permit Issuance Process

13.36.300 Wastewater discharge permit issuance process.

A. No connection to the city sewer system shall be made until the connection has been approved by the director of utilities. The owner of the premises to be served shall provide all information required by the director of utilities, supplemented by any plans, specifications, or other information which, in the judgment of the director of utilities, is pertinent to the location and use of the premises. Separate connections may be required for each building of a single premises or for separation of industrial wastewater from sanitary sewage.

B. The wastewater discharge permit shall be issued upon final inspection and acceptance of construction of the connection and, when required, upon the application and issuance of a wastewater discharge permit. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.310 Wastewater discharge permit duration.

Each wastewater discharge permit will indicate a specific date upon which it will expire. The user shall apply for a wastewater discharge permit re-issuance a minimum of ninety days prior to the expiration of the user’s existing wastewater discharge permit. Expiration of a wastewater discharge permit does not relieve the discharger of requirements outlined in their existing wastewater discharge permit.

A. Industrial wastewater discharge permits and groundwater remediation discharge permits shall be issued for a specified time period, not to exceed five years from the effective date of the wastewater discharge permit.

B. A nonresidential wastewater discharge permit shall be issued for a specified time period, not to exceed six years from the effective date of the wastewater discharge permit. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.340 Wastewater discharge permit contents.

A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the director of utilities to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

A. Wastewater discharge permits will contain provisions, requirements, and standards appropriate to carry out the objectives of this title, including but not limited to the following:

1. A statement that indicates wastewater discharge permit duration, which shall not exceed five years for SIU and categorical users;

2. A statement that the wastewater discharge permit is nontransferable. Any new user must apply for a new wastewater discharge permit and receive prior approval from the director of utilities before discharging to the sewer;

3. Effluent limits based on applicable pretreatment standards;

4. Self-monitoring, sampling, reporting, notification, and record keeping requirements, including an identification of pollutants to be monitored (including the process for seeking a waiver for a pollutant neither present nor expected to be present in the discharge in accordance with 40 CFR 403.12(e)(2), or a specific waived pollutant in the case of an individual control mechanism, sampling location, sampling frequency, and sample type based on the applicable general pretreatment standards in Part 403, categorical pretreatment standards, local limits, and state and local law;

5. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the time for compliance beyond that required by applicable federal, state, or local law;

B. Wastewater discharge permits may contain provisions, requirements, and standards appropriate to carry out the objectives of this title, including but not limited to the following:

1. Limits on the average and maximum wastewater constituents and characteristics. These limits may be based on pollutant concentration and/or mass and may include prohibitions on discharge of said pollutants;

2. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

3. Implementation of best management practices or best available technology as determined by the director of utilities.

a. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

b. Requirements for the development and implementation of spill control plans, toxic organic management plan or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

c. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

d. Requirements for installation and maintenance of inspection, sampling and flow metering facilities, and other related monitoring equipment and three years of records retention;

e. A statement that compliance with the wastewater discharge permit does not relieve the user of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit;

f. Requirements for reporting compliance schedules, self-monitoring, change in conditions, change in discharge including slug loads, bypass, process changes and chemical changes and automatic resampling;

g. The prohibition of dilution as partial or complete substitute for adequate pretreatment to achieve compliance with permit conditions;

h. Signatory requirements specifying the responsible corporate officer for the industrial user;

i. Other conditions as deemed appropriate by the director of utilities to ensure compliance with this title, and state and federal laws, rules, and regulations or the terms of the permit. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.360 Wastewater discharge permit modification.

The director of utilities may modify a wastewater discharge 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;

B. To address significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of 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 POTW, personnel, or the receiving waters;

E. Violation of any terms or conditions of the wastewater discharge or this title;

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 Part 403.13; or

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

The filing of a request by the user for a permit modification does not stay any permit condition. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.380 Wastewater discharge permit transfer.

Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation. However, nothing in this section shall be construed to prevent the application of the terms and conditions of this title, including enforcement penalties, from applying to a succeeding owner, successor in interest, or other assigns of an existing contract or wastewater discharge permit holder. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.410 Wastewater discharge permit appeals.

The director of utilities shall provide notice of the issuance of a wastewater discharge permit to the applicant. Any permit applicant or user (aggrieved party) may petition the director of utilities to reconsider the terms of a wastewater discharge permit within thirty days of notice of its issuance. Aggrieved parties may seek an administrative appeal under Section 13.35.200. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

Article IV. Analysis Requirements

13.36.420 Wastewater survey.

The director of utilities may periodically require users to submit information or update information on the nature and characteristics of its wastewater. Failure to submit this survey information within thirty days of the request shall be considered a violation of this title. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.430 Sampling.

The director of utilities may periodically require any user to sample their wastewater discharge or submit to the wastewater sampling by the director of utilities in establishing the appropriate class of the user and/or to evaluate compliance with the standards and requirements of this title.

A. Sample Collection. Except as indicated in subsection B of this section, the user shall collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the director of utilities may authorize the use of time proportional sampling or grab sampling over the production day where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with daily maximum discharge limits.

B. Samples should be taken for federal 40 CFR limits, for categorical industries 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 shall measure the flows and concentrations necessary to allow use of the combined wastestream formula in order to evaluate compliance with the pretreatment standards. Sampling must be conducted in accordance with the requirements set forth in 40 CFR Part 403.12(g)(3) and (4). (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.450 Contents of reports on sampling and analysis.

A. Reports shall contain results of sampling and analysis, identifying the nature and concentration (or mass, where required by the city) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported.

B. Reports, signed and certified by a duly authorized representative of the industrial user, as set forth in 40 CFR Part 403.6(a)(2)(ii) and 40 CFR Part 403.12(l) or as amended, shall certify that such sampling and analysis are representative of normal work cycles and expected pollutant discharges to the POTW and shall contain the following information:

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

2. Sample preservation used;

3. The dates analyses were performed;

4. Chain of custody of the sample;

5. Name and contact of person that performed the analyses;

6. The analytical techniques/methods used; and

7. The results of such analyses. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.460 Analytical requirements.

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or required report will be performed in accordance with the techniques prescribed in 40 CFR Part 136, 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, sampling and analyses must be performed in accordance with procedures approved by EPA. All analyses shall be performed by a laboratory certified by the state for the specified pollutants and matrix to be analyzed. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

Article V. Reporting Requirements

13.36.470 Baseline monitoring reports.

All categorical users shall submit to the city a baseline report within one hundred eighty days of the effective date of the ordinance codified in this section or one hundred eighty days after final administrative decision on a category determination, whichever is earlier. The baseline report shall contain the information specified in 40 CFR Part 403.12(b) or as amended. The information required for application for a permit and/or modification of a permit may fulfill the requirements of the baseline report. If in submitting information to apply for or to modify a permit, the categorical user also intends to fulfill the requirements for the baseline report, the categorical user shall so state. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.475 Compliance schedule progress reports.

The user shall submit a progress report to the director of utilities no later than fourteen 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. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.480 Reports on compliance with categorical pretreatment standard deadline.

Within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements will submit to the director of utilities a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements, the average and maximum daily flow for these process units, and the actual average production rate for these process units. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR Part 403.6(c) or as amended, this report will contain a reasonable measure of the user’s long-term production rate. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operational and maintenance changes and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and a certified qualified professional. Filing of this compliance report cannot relieve the user of any fines, civil penalties, or other liability which may be imposed by this title or other applicable law, or failure to meet the applicable pretreatment standards or requirements subsequent to the date for final compliance with such applicable standard. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.490 Periodic compliance reports.

A. All significant industrial users shall, at a frequency determined by the director of utilities, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards or requirements and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports shall be signed and certified in accordance with 40 CFR Part 403.6(a)(2)(ii) or as amended. The report shall contain a description of the methods utilized by the user in collecting the wastewater sample for analysis, including but not limited to the sampling device(s) used, the sampling period, the amount of each sample collected, sample handling and preservation techniques used, and date of sample delivery to the laboratory for analysis.

B. All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities will be properly operated, cleaned, calibrated, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order is a violation and shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

C. If a user, subject to the reporting requirement in this section, monitors any pollutant more frequently than required by the director of utilities, using the procedures prescribed in this title, the results of this monitoring will be included in the report.

D. In the event a sample from a periodic compliance report indicates that a constituent is in violation of the allowable concentration levels as set forth in the user’s permit or permit contract, the user shall inform the city within the next business day, repeat the sampling and pollutant analysis for the parameter in violation, and submit in writing the results of this second analysis within thirty days of the discovery of the first violation. The initial sampling and analysis report shall be submitted within forty-five days of the initial sampling date with a cover report setting forth the causes of the violation, the remedial actions taken to date with regard to the violation, and the scheduled additional actions which will be implemented to prevent a recurrence.

E. The director of utilities may also, at any time, require a signed statement by the user setting forth management practices and/or material usage practices which have an effect on the nature, volume, and quality of the wastewater discharge and/or which potentially will affect the ability to comply with pretreatment standard requirements.

F. When required by the director of utilities, an industrial user shall submit a report indicating the concentration of specific pollutants discharged in the effluent. The determination of said pollutants by the director of utilities shall be based on what is reasonably expected to be found at the site and the frequency of monitoring shall be based on the compliance status of the industrial user.

G. Periodic compliance reports may be waived by the director of utilities if the city is monitoring the user discharge. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.510 Reports of potential problems.

A. In the case of any discharge including, but not limited to, accidental discharges, discharges of a nonroutine or episodic nature, a noncustomary batch discharge or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards of this title), it is the responsibility of the user to immediately notify the director of utilities of the incident. This notification shall include the location of discharge, type of waste, concentration and volume (if known), and corrective actions taken by the user.

B. Within five days following an accidental discharge, the user shall, unless waived by the director of utilities, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar or 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 system, natural resources, or any other damage to persons or property. Nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this title.

C. Failure to notify the city of potential problem discharges shall be deemed a violation of this title.

D. A notice shall be permanently posted, advising employees of calling procedures in the event of a discharge described in subsection A of this section. Employers shall ensure that all employees are advised of the emergency notification procedure and containment procedures.

E. The city has the authority to deny or condition new or increased contributions of pollutants or changes in the nature of pollutants to the POTW by permitted and nonpermitted users where such contributions do not meet applicable pretreatment standards or requirements or where such contributions would cause the POTW to violate its waste discharge requirements. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.520 Reports from unpermitted users.

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the director of utilities if required by the director of utilities. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.540 Reports of changed conditions.

Each user shall notify the director of utilities of any planned significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater at least sixty days before the change.

A. The director of utilities 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 as required by this title.

B. The director of utilities may issue a wastewater discharge permit as required by this title or modify an existing wastewater discharge permit.

C. No user shall implement the planned changed condition(s) until or unless the director of utilities has responded to the user’s notice.

D. For purposes of this requirement, flow increase of twenty percent or greater, and the discharge of any previously unreported pollutants, shall be deemed significant. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

Article VI. Compliance Monitoring

13.36.550 Monitoring facilities.

A. Users shall install sampling and/or monitoring equipment, including manholes, as necessary or required. The user’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at the user’s own expense. All devices used to determine wastewater flow and quality shall be calibrated, at a frequency to be determined by the director of utilities, to ensure their accuracy. The sampling and monitoring facilities shall be provided in accordance with the city’s requirements and all applicable construction standards and specifications. Construction and installation shall be completed within ninety days following written notification by the director of utilities unless a time extension is granted by the director of utilities.

B. Location of Equipment. The sampling and monitoring equipment shall be situated on the user’s premises, but the director of utilities may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed or installed in the public right-of-way and located so that it will not be obstructed by landscaping or parked vehicles. The user shall obtain an encroachment permit from the city prior to any construction or installation in the public right-of-way.

C. Access to Equipment. If the monitoring facility is inside the user’s fence, there shall be accommodations to allow access for city personnel, such as a gate secured with a city lock. There shall be ample room in or near such sampling manhole to allow accurate sampling and compositing of samples for analysis.

D. Effluent Meter and Composite Sampler. New industrial users or existing users planning a remodel of existing process facilities and/or pretreatment systems which contribute high strength wastewater to the POTW shall install a nonresettable totalizing effluent meter and a flow proportioned composite sampler which is controlled by a flow meter.

E. Provisions for Existing Users. Existing industrial users shall be subject to the provisions of this section at the discretion of the director of utilities.

F. Plan Review. Detailed plans showing the operation and proposed installation of all monitoring and/or sampling equipment shall be submitted to the city for review and shall be acceptable to the director of utilities before installation of the equipment. Any subsequent changes to any sampling and/or monitoring equipment shall be reported to and be acceptable to the director of utilities. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.560 Pretreatment facilities.

A. Where required in the waste discharge permit or by state or federal laws and regulations, the discharger shall provide, operate and maintain, at his expense, such preliminary treatment or controls as may be necessary to eliminate or reduce the objectionable characteristics, constituents, or quantities and rates of discharge to conform to the maximum limits provided for in the permit.

B. Plans, specifications, and any other pertinent information related to proposed pretreatment facilities and operating procedures shall be submitted for the approval of the director of utilities. Construction of such facilities shall not commence until said approval is obtained in writing, and use of such facilities shall not commence until completed facilities are approved in writing. Pretreatment facilities shall be continuously maintained in satisfactory and effective operating condition to the satisfaction of the director of utilities. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.565 Additional pretreatment measures.

A. The director of utilities may require any user discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

B. From time to time the city may adopt best management practices for activities and/or industries. In these cases, users may employ the adopted best management practices in lieu of application of other pretreatment technologies, when approved by the director of utilities.

C. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.566 Grease removal devices.

Grease, oil, and sand interceptors or other grease removal devices shall be provided by the user when, in the opinion of the director of utilities, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity acceptable to the director of utilities and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense. The user shall keep and maintain records that document all cleaning, repair and proper disposal from all such interceptors for the preceding three years. Such records shall be kept on the site for review by the director of utilities. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.567 Amalgam separators.

Amalgam separators shall be provided by dental dischargers in accordance with 40 CFR Part 441. The director of utilities may specify additional requirements for dental facilities that remove or place amalgam.

A. All dental dischargers that remove or place amalgam fillings shall comply with the following best management practices:

1. No person shall rinse chair-side traps, vacuum screens, pump filters, dental tools, cuspidors or amalgam separator equipment in a sink or other connection to the sanitary sewer.

2. Dental dischargers shall ensure that all staff members who handle amalgam waste are trained in the proper handling, management, and disposal of mercury-containing material and fixer-containing solutions, and shall maintain training records that shall be available for inspection by the director of utilities during normal business hours.

3. Amalgam waste, to include amalgam, elemental mercury, broken or unusable amalgam capsules, extracted teeth with amalgam, chair-side traps, and vacuum system screens/filters, shall be stored and managed in accordance with the instructions of the recycler or hauler of such materials.

4. Dental unit water lines, chair-side traps, and vacuum lines that discharge amalgam process wastewater to the city must not be cleaned with oxidizing or acidic cleaners, including but not limited to bleach, chlorine, iodine and peroxide, that have a pH lower than 6 or greater than 8.

5. The use of bulk mercury is prohibited. Only precapsulated dental amalgam is permitted.

6. Dental practice shall complete and maintain the one-time compliance report and make it available for inspection.

B. All users of and dischargers from dental vacuum suction systems, except as set forth in subsection C of this section, shall comply with the following:

1. An ANSI/ADA 108-2009 or ISO 11143 certified amalgam separator or comparable device shall be installed for each dental vacuum suction system and a one-time compliance report must be submitted to the director of utilities as required in subsections (B)(1), (2) and (3) of this section. Dental dischargers (under any ownership) that were discharging into the POTW prior to July 14, 2017 (“existing sources”) must be in compliance with 40 CFR 441 by July 14, 2020, and submit a one-time compliance report certifying such by October 12, 2020.

2. Dental dischargers whose first discharge to the POTW occurs after July 14, 2017 (“new sources”) must be in compliance with the standards immediately and submit a one-time compliance report certifying such within ninety days after the first discharge to the POTW.

3. If an existing source or new source dental discharger transfers ownership, the new owner must submit a new one-time compliance report to the director of utilities, no later than ninety days after the transfer.

4. The installed device must be capable of removing a minimum of ninety-five percent of the amalgam. The amalgam separator(s) must be sized to accommodate the maximum discharge rate of the amalgam process wastewater. Alternative materials and methods may be proposed to the director of utilities for approval.

5. Amalgam separators shall be maintained in accordance with manufacturer’s recommendations. Installation, certification, and maintenance records shall be available for immediate inspection upon request by the director of utilities during normal business hours.

6. Reporting and record keeping requirements as specified in 40 CFR Part 441.50 or as amended, in lieu of the otherwise applicable requirements in 40 CFR Part 404.12(b), (d), (e), and (g).

C. The following types of dental practice are exempt from this section:

1. Any dental discharger exclusively practicing one of the following dental specialties; orthodontics, periodontics, oral and maxillofacial surgery, oral and maxillofacial radiology, oral pathology, and prosthodontics.

2. Wastewater dischargers from a mobile unit operated by a dental discharger.

3. Dental dischargers that do not discharge any amalgam process wastewater to a POTW, such as dental dischargers that collect all dental amalgam process wastewater for transfer to a centralized waste treatment facility as defined in 40 CFR Part 137.

4. Dental dischargers that do not place dental amalgam, and do not remove amalgam except in limited emergency or unplanned, unanticipated circumstances, and that certify such to the director of utilities as required in 40 CFR Part 441.50. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.570 Right of entry – Inspection and sampling.

The director of utilities shall have the right to enter the premises of any user announced or unannounced, to determine whether the user is complying with all requirements of city ordinances and any wastewater discharge permit or order issued hereunder. Users shall allow the director of utilities 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 which require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director of utilities shall be permitted to enter, without delay, for the purposes of performing specific responsibilities.

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

C. The director of utilities may require the industrial 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 expense. The director of utilities may require the installation of such facilities on the premises of the user at a location which will be accessible to the director of utilities at all times. All devices used to measure wastewater flow and quality shall be calibrated and certified periodically to ensure their 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 director of utilities and shall not be replaced. The costs of clearing such access shall be the responsibility of the user.

E. When the owner of premises fails to comply with an order to cease and desist, allowing the entrance of surface or subsurface drainage water from the owner’s premises to the city sewer system, the director of utilities shall have the right to enter the premises and to block the flow of drainage water.

F. Unreasonable delays in allowing the director of utilities access to the user’s premises shall be a violation of this title. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.580 Unmetered waste flows.

Sewage and industrial wastewater flows from nonresidential and industrial users not required to install control manholes shall be determined as follows:

A. For premises where no significant portion of the water received from any source is consumed in the principal activity of the user, or is removed from the premises by means other than the sewerage system, the volume of waste flow shall be equal to the total volume of water used from all sources. Water received from each source shall be determined by the registration shown in the corresponding water meter.

B. For premises where a portion of the water received from any source does not flow into the sewerage system, either because of the principal activity of the user or because of its removal by other means, the volume of waste flow shall be equal to the volume of water used from all sources less the volume of water removed by the user’s activity. Water received from each source, as well as water removed, shall be determined by the registration shown in the corresponding water meters or by other means approved by the director of utilities.

C. All meters required in subsections A and B of this section shall be installed in accordance with city standards at the user’s expense. Existing private meters installed by the user prior to the effective date of the ordinance codified in this section shall continue in service until they are required to be replaced. Upon the director of utilities’ determination that the meter requires replacement, the user shall pay a one-time fee to have a city-maintained meter installed. A monthly service charge will be assessed to the user to cover city meter reading and maintenance costs. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.610 Timing.

Written reports and notices pursuant to this title will be deemed to have been submitted or given on the date postmarked. For reports and notices which are not mailed, the date of receipt of the report or notice will govern. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.620 Record keeping.

Users subject to the reporting requirements of this title shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this title and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records will include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples, the dates analyses were performed, who performed the analyses, the analytical techniques or methods used, and the results of such analyses. These records shall remain available for a period of at least five years. This period will be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the director of utilities. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).

13.36.630 Confidential information.

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the director of utilities’ inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests in writing, and is able to demonstrate to the satisfaction of the director of utilities, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data.

When requested and demonstrated by the user furnishing a report that such information should be held confidential, 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 immediately upon request to governmental agencies for uses related to this title, the National Pollutant Discharge Elimination System (NPDES) program, and in enforcement proceedings involving the person furnishing the report. In addition, such information and data may be withheld from disclosure if otherwise exempt from disclosure under state or federal law.

Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR Part 2.302, or as amended, will not be recognized as confidential information and will be available to the public without restriction. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 3(part), 2009).