Chapter 8.37
SANITARY SEWER USE RULES AND REGULATIONS
Sections:
I. General Provisions
8.37.010 Title.
8.37.020 Purpose.
8.37.030 Definitions.
8.37.040 Responsibility for administration.
8.37.050 Construction and application.
8.37.060 Fees and charges.
8.37.070 Severability and validity.
II. Discharge Regulations
8.37.080 Approval of plans for sewerage construction.
8.37.090 Construction requirements.
8.37.100 Pretreatment system guidelines.
8.37.110 General discharge prohibitions.
8.37.120 Specific discharge prohibitions.
8.37.130 Limitations on point of discharge.
8.37.140 Prohibition against dilution.
8.37.150 Discharge of groundwater.
8.37.160 Requirements for food service facilities.
8.37.170 Operation and maintenance of pretreatment systems.
8.37.180 Damage to facilities.
8.37.190 Additional pretreatment requirements.
8.37.200 Authorization to discharge.
III. Administration
8.37.210 Wastewater discharge permits.
8.37.220 Wastewater discharge permit procedure.
8.37.230 Signatory requirements.
8.37.240 Wastewater discharge permit terms, conditions and requirements.
8.37.250 Permit duration and transferability.
8.37.260 Permit classification.
8.37.270 Modification, suspension or revocation of permit.
8.37.280 Notification of hazardous waste discharge.
8.37.290 Compliance schedules and progress reports.
8.37.300 Periodic compliance reports.
8.37.310 Changed discharge notification.
8.37.320 Noncompliance and increased load reporting.
8.37.330 Sampling and testing requirements.
8.37.340 Record keeping requirements.
8.37.350 Authority to inspect and monitor.
8.37.360 Self-monitoring requirements.
8.37.370 Confidential information.
8.37.380 Spill control and prevention requirements.
8.37.390 Best management practices.
8.37.400 Employee training requirements.
8.37.410 Appeals and hearing procedures.
8.37.420 Public notification of significant noncompliance.
8.37.430 Compliance with rules and regulations.
IV. Enforcement
8.37.440 Remedies nonexclusive.
8.37.450 Administrative enforcement remedies.
8.37.460 Judicial enforcement remedies.
8.37.470 Affirmative defenses.
I. General Provisions
8.37.010 Title.
The ordinance codified in this chapter shall be known as the “Estero municipal improvement district sanitary sewer use rules and regulations” and may be so cited. (Ord. 126 § 1 (part), 2009)
8.37.020 Purpose.
These rules and regulations set forth uniform requirements for users of the wastewater collection, treatment and disposal facilities operated and administered by the city of San Mateo (city) and Estero Municipal Improvement District (district), and enable the city and district to comply with all applicable federal and state laws, including the Clean Water Act (33 United States Code 1251 et seq.), the General Pretreatment Regulations (Code of Federal Regulations CFR Title 40 Part 403), and waste discharge requirements of the California Regional Water Quality Control Board for the San Francisco Bay Region.
The specific purpose of these rules and regulations is to prevent the discharge of any pollutant into the sewerage system which would (1) obstruct or damage the collection system; (2) interfere with, inhibit or disrupt wastewater treatment processes or operations, or limit sludge reuse or disposal options; (3) pass through the treatment system and contribute to violations of the regulatory requirements placed upon the city of San Mateo water quality control plant (WQCP); or (4) result in or threaten harm to human health or the environment. It is the intent of the city and district to update and modify these rules and regulations as needed to continue to provide an industrial waste pretreatment program which is approved by federal and state regulatory agencies. (Ord. 126 § 1 (part), 2009)
8.37.030 Definitions.
The following words and phrases used in these rules and regulations shall be as defined herein. Words, terms and phrases used in these rules and regulations not defined shall be as defined, interpreted or used in the pretreatment regulations. Terminology for analytical testing shall be that contained in “Guidelines Establishing Test Procedures for the Analysis of Pollutants,” published in Title 40 CFR, Part 136.
A. “Authorized representative of the user” means:
1. A principal executive officer of at least the level of vice president, if the user is a corporation;
2. A general partner or proprietor if the user is a partnership or proprietorship, 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
4. A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates, or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the plant manager.
B. “Best management practices (BMPs)” means schedules of activities, prohibitions of practices, general good housekeeping practices, maintenance procedures and other work practices which purpose is to help prevent or reduce the discharge of pollutants to the sanitary sewer or storm drain.
C. “City” means city of San Mateo.
D. “Clean Water Act” means the Federal Water Pollution Control Act and its amendments, 33 U.S.C. § 1251 et seq.
E. “Composite sample” means a sequential collection of equal volume grab samples obtained from a single source of specified time intervals and combined in a single container. A composite sample may also be collected in increments with individual sample volumes determined in proportion to measured flow at the time of each sampling, or samples taken at given individual flow increments.
F. “District” means Estero Municipal Improvement District (EMID).
G. “Domestic waste” means the liquid and water-borne wastes derived from ordinary living processes, free from industrial wastes and of such character as to permit satisfactory disposal, without special treatment, into the public sewer system.
H. “Food service facility” means a commercial, industrial or institutional establishment that uses or generates grease when preparing food. Any such facility which has a cook-top or baking oven on the premises shall be subject to pretreatment requirements for food service facilities.
I. “Grab sample” means a sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen minutes.
J. “Grease” means fats, oils, waxes and other constituents. Grease may be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils, and fats in meats, cereals, seeds, nuts and certain fruits. Grease may also be of mineral origin, including kerosene, lubricating oil and road oil. Grease in the wastewater collection system is generally present as, but need not be, a floatable solid, a liquid, a colloid, an emulsion or a solution.
K. “Hazardous material,” “hazardous substance” and “hazardous waste” mean any material, substance or waste so designated by statutes of the state of California or the United States government.
L. “Industrial waste” means the gaseous, liquid and solid waste from any production, manufacturing or processing operation of whatever nature from commercial, industrial, or institutional operations, including the washing of vehicles, machines and equipment.
M. “Instantaneous maximum” means the highest concentration or other measure of pollutant magnitude taken at any discrete point in time.
N. “Instantaneous minimum” means the lowest concentration or other measure of pollutant magnitude taken at any discrete point in time.
O. “Interceptor” means a receptacle designed and constructed to intercept, separate and prevent the passage of prohibited substances into the sanitary sewer system.
P. “Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the sewer system, wastewater treatment system processes or operations, or sludge processes, use or disposal, and therefore causes a violation of the POTW’s National Pollutant Discharge Elimination System (NPDES) permit or prevents sewage sludge use or disposal in compliance with any of the following statutory or regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA); any state regulations contained in any state sludge management plan prepared pursuant to SWDA Subtitle D; the Clean Air Act (CAA); the Toxic Substances Control Act (TSCA); and the Marine Protection Research and Sanctuaries Act.
Q. “Joint facilities” means the wastewater treatment and disposal facilities owned jointly by the city and district, known as the city of San Mateo EMID water quality control plant (WQCP) or city of San Mateo/EMID wastewater treatment plant.
R. “National Pollutant Discharge Elimination System permit” or “NPDES permit” means a permit issued pursuant to Section 402 of the Clean Water Act authorizing discharge of effluent to waters of the United States.
S. “New source” means any building, structure, facility or installation from which there is, or may be, a discharge of pollutants, the construction of which commenced after the effective date of the rules and regulations codified in this chapter, or after publication of proposed pretreatment standards under Section 307(c) of the Clean Water Act which will be applicable to such source if such standards are promulgated, provided certain location and construction criteria are met.
T. “Nuisance” means anything which meets all of the following requirements:
1. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life and property;
2. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal;
3. Occurs during or as a result of the treatment or disposal of wastes.
U. “Pass-through” means a discharge through the POTW into the waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of the NPDES permit.
V. “Person” means any human being, individual, firm, company, partnership, association, and private or public or municipal corporations, the United States of America, the state of California, districts and all political subdivisions, governmental agencies and mandatories thereof.
W. “Plant manager” means the manager of the city of San Mateo EMID water quality control plant, his or her designee, or other person as may be designated by the city of San Mateo city manager.
X. “Point of discharge” means the point or points designated as such in a waste discharge permit. Where no designation is made it shall mean the point where the private sewer joins the public sewer.
Y. “Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes discharged into water.
Z. “Pollution” means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
AA. “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the sanitary sewer system. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
BB. “Pretreatment requirements” means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
CC. “Pretreatment standard” or “national pretreatment standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Clean Water Act (33 U.S.C. 1317), which apply to industrial users. Such standards include specific prohibitions, categorical pretreatment standards, and local prohibitive discharge limits as defined in 40 CFR 403-471 and its amendments.
DD. “Pretreatment system” means a device or devices, process or processes, and/or procedures designed to pretreat industrial wastes prior to discharge to the sanitary sewer system.
EE. “Priority organic toxic pollutant” means any pollutant or combination of pollutants that contains carbon in its molecular structure and is listed in 40 CFR 401.15 and its amendments.
FF. “Prohibited discharges” means industrial wastes containing characteristics which are in noncompliance with the general and specific prohibited discharge standards stated in the pretreatment regulations and these rules and regulations.
GG. “Publicly owned treatment works” or “POTW” means a treatment works as defined by Section 212 of the Clean Water Act (33 U.S.C. 1292), which, in this instance, is the city of San Mateo EMID water quality control plant, and all publicly owned devices or systems used in the conveyance, storage, treatment, reclamation and disposal of wastewater.
HH. “Sewage” or “wastewater” means water-carried domestic and/or industrial wastes from residences and commercial, industrial and institutional establishments, together with such groundwater, surface water and stormwater as may enter the sewer system.
II. “Sewer system” means sewers, lift stations and other appurtenances designed for conveyance of sewage, and further defined by the following:
1. “Building sewer” means a sewer conveying wastewater from the premises of a user to the public sewer;
2. “Public sewer” means a sewer which is controlled by the city, district or other public agency;
3. “Sanitary sewer” means a sewer designed for conveyance of domestic, commercial or industrial waste, and which are not intended for conveyance of stormwater, surface water or groundwater;
4. “Side sewer” means a sewer conveying the wastewater of a discharge from a residence, building or other structure to a public sewer, including direct connections where permitted.
JJ. “Significant industrial user” means:
1. A categorical industrial user, as defined in the Federal Pretreatment Regulations;
2. Discharges an average of twenty-five thousand gallons per day (gpd) or more of process wastewater;
3. Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the WQCP; or
4. Is designated as such by the plant manager on the basis that the user has a reasonable potential to adversely affect the operation of the WQCP or agency sanitary sewer systems or to violate any pretreatment standard or requirement.
KK. Significant Noncompliance. For the purpose of complying with public participation provisions in the Federal Pretreatment Regulations and these rules and regulations, “significant noncompliance” means:
1. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
2. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TS, fats, oil and grease, and 1.2 for all other pollutants except pH);
3. Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the plant manager determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of agency personnel or the general public);
4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the exercise of the plant manager’s emergency authority as provided in these rules and regulations;
5. Failure to meet, within ninety days after the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
6. Failure to provide, within thirty days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
7. Failure to accurately report noncompliance;
8. Any other violation or group of violations that the plant manager determines will adversely affect the operation or implementation of the pretreatment program.
LL. “Slug discharge” means a batch discharge or other discharge of limited duration at a flow rate or pollutant concentration which could cause a violation of the prohibited discharge standards specified in these rules and regulations.
MM. “Stormwater” means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation.
NN. “Storm drain” or “storm drainage system” means the system of pipes and channels used to collect and convey stormwater.
OO. “User” or “industrial user” means any person who discharges, causes or permits the discharge of industrial or domestic waste into a sanitary sewer, or has potential to discharge an industrial or domestic waste from its premises.
PP. “Toxic pollutant” means any pollutant or combination of pollutants listed as toxic in regulations promulgated under provisions of the Clean Water Act, and published in 40 CFR 401.15 and its amendments.
QQ. “Trucked or hauled waste” means any waste which is transported or otherwise moved from the original point of generation. Such wastes may include, but are not limited to, trucked grease interceptor pumpage; pumpage from chemical toilets, recreational vehicles or septic tanks; purge water from polluted site monitoring wells; and industrial process wastes.
RR. “Wastewater” means the liquid and water-carried industrial wastes and domestic wastes from residential, commercial, industrial and manufacturing facilities and institutions, whether pretreated or untreated.
SS. “Water quality control plant” or “WQCP” means the city of San Mateo EMID water quality control plant. (Ord. 126 § 1 (part), 2009)
8.37.040 Responsibility for administration.
The water quality control plant manager, referred to hereinafter as “plant manager,” shall be responsible for the administration and enforcement of the provisions of these rules and regulations, for conducting industrial waste pretreatment and pollution prevention programs, and for promulgating such orders, rules and regulations as are necessary to accomplish the purpose of this chapter in accordance with the requirements that are or may be promulgated by the U.S. Environmental Protection Agency (U.S.E.P.A.), the State of California Water Resources Control Board, the State Department of Health Services, the California Regional Water Quality Control Board for the San Francisco Bay Region, or other duly authorized boards or agencies. (Ord. 126 § 1 (part), 2009)
8.37.050 Construction and application.
These rules and regulations are designed and intended to be no less stringent than the U.S.E.P.A. “General Pretreatment Regulations for Existing and New Sources of Pollution” published in 40 CFR Part 403, as applicable, and as such regulations may be amended from time to time (hereinafter the “pretreatment regulations”). In the event of any apparent conflicts between the requirements established in these rules and regulations and the Federal Pretreatment Regulations, the more stringent requirement shall apply. (Ord. 126 § 1 (part), 2009)
8.37.060 Fees and charges.
A. The city or district may adopt reasonable fees and charges to recover costs of carrying out the provisions of these rules and regulations, including, but not limited to, fees and charges for wastewater discharge permit applications and permits, monitoring and inspection, pollutant loading, hydraulic loading, compliance actions, filing of appeals, special uses and other charges deemed necessary to carry out the requirements herein. Such fees shall relate solely to the matters covered by these rules and regulations and are separate from all other fees, charges, fines and penalties which may be levied by the city or district.
B. All such fees and charges shall be adopted by resolution or other means as approved by the city or district, as applicable. The plant manager shall be responsible for collection of the fees and charges. (Ord. 126 § 1 (part), 2009)
8.37.070 Severability and validity.
If any portion of these rules and regulations is declared invalid, the remaining portions of these rules and regulations shall remain valid. (Ord. 126 § 1 (part), 2009)
II. Discharge Regulations
8.37.080 Approval of plans for sewerage construction.
No person, other than employees of the city or district, or persons contracted to do work for the city or district, shall construct or cause to be constructed, or alter or cause to be altered, any building sewer, sanitary sewer, public sewer, side sewer or other facility where the existing or proposed facilities will discharge directly or indirectly into the sanitary sewer without first obtaining approval of sewerage construction plans from the city or district. (Ord. 126 § 1 (part), 2009)
8.37.090 Construction requirements.
Where required by the plant manager, the owner of a newly constructed commercial or industrial building or portion thereof for which a building permit is issued subsequent to the effective date of the rules and regulations codified in this chapter shall cause to be constructed and maintained the following facilities. Such new sources shall be in full compliance with the provisions of these rules and regulations at the time of commencement of discharge. For the purposes of this section only, the term “new” shall mean and apply to all of the following: newly constructed buildings; building additions that require plumbing for industrial waste; and remodeling of existing buildings to accommodate new equipment; expansion of or change to a use that requires plumbing for industrial waste.
A. Industrial waste shall be separated from domestic waste by means of separate plumbing prior to a point determined acceptable for location of industrial waste pretreatment and/or monitoring equipment.
B. One or more outside manholes, access boxes, cleanouts, junction chambers, flow metering devices or other sampling and measuring points shall be installed which will allow separate inspection, sampling and flow measurement of industrial waste discharges. Access points shall be so located that they are safe and accessible for inspection at any reasonable time during which the discharge is occurring.
C. Pretreatment systems shall be installed as needed to comply with all applicable federal and local pretreatment standards and requirements.
D. Floor drains may not be placed in areas where hazardous materials, hazardous wastes, industrial wastes, industrial process water, lubricating fluids, or vehicle fluids are used or stored, unless secondary containment is provided for all such materials and equipment. The plant manager may allow an exception to this requirement when a drain is connected to a pretreatment system approved by the plant manager, or, in an industrial equipment area, the equipment does not contain hazardous waste.
E. Exterior (outdoor) drains may be connected to the sanitary sewer only if the area in which the drain is located is covered or protected from rainwater run-on by berms and/or grading, and appropriate wastewater pretreatment is provided. Any loading dock area or other outdoor work area with a sewer drain shall be constructed and operated so as to prevent entry of rainwater to the sewer.
F. Interior drains shall always be connected to the sanitary sewer, except where the purpose of the drain is to collect groundwater for discharge to the storm drainage system.
G. Cooling tower blowdown and boiler blowdown shall discharge to the sanitary sewer system only and shall not discharge to the storm drain system.
H. Air conditioning condensate may be discharged to the sanitary sewer, the storm drain or to earth.
I. Compressed air system condensate drains and similar sources of potential oily waste shall discharge only to the sanitary sewer and through a device to remove the oily waste prior to discharge.
J. Drains shall not be installed in secondary containment areas used for storage of hazardous materials or hazardous wastes.
K. Swimming pool backwash drains shall discharge only to the sanitary sewer. Pool drains may be connected indirectly to the sanitary sewer system, and shall not be connected, directly or indirectly, to the storm drain system.
L. Facilities shall dispose of all wastewater to the sanitary sewer, including, but not limited to, wastewater generated from floor cleaning, equipment washing, waste storage area cleaning and similar sources. Facilities should anticipate washing needs and construct facilities to accommodate such needs.
M. Users who use dental amalgams containing silver or mercury shall install amalgam traps on all equipment that might carry amalgam waste to the sanitary sewer system.
N. Elevator sumps shall not be connected directly or indirectly to the sanitary sewer system or to the storm drain system.
Detailed plans describing such facilities and their upkeep shall be submitted to the plant manager for review and shall be approved before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to assure the discharge maintains compliance with these rules and regulations. (Ord. 126 § 1 (part), 2009)
8.37.100 Pretreatment system guidelines.
Users who wish to discharge industrial waste shall meet or exceed the following minimum pretreatment system requirements established by the plant manager for discharge of industrial wastes from the following facilities and industrial activities. This section is intended to meet or exceed, but not conflict with, provisions of the latest version of the Uniform Plumbing Code (UPC) adopted for use by the city or district. The plant manager will consider any type of pretreatment system that meets or exceeds the level of treatment provided by the following pretreatment systems.
A. Food Service Facilities. Food service facilities shall have a pretreatment system for grease removal designed to serve all drains which may introduce waste-water which may contain grease into the sewer, including floor drains. Such device shall be sized based on the estimated number of meals per peak hour formula provided in the UPC. Where available outdoor space renders outdoor placement of an interceptor infeasible, individual fixture grease traps may be used, with a minimum size rating of forty pounds grease retention capacity (twenty gallons per minute) per fixture. The plant manager may require a grease trap size which exceeds minimum requirements of the UPC. The plant manager shall approve final sizing.
B. Vehicle Washing Facilities. Automated drive-through vehicle washing facilities shall have a multiple compartment interceptor and water recycling system. A self-serve car wash shall have a multiple compartment interceptor. A vehicle repair or body shop that conducts incidental vehicle washing shall have a sand interceptor or equivalent means of sediment capture.
C. Vehicle Service Bays, Machine Shops and Similar Facilities with Floor Drains. Such facilities and other facilities conducting mechanical repair activities where petroleum oils, lubricants and similar products are present shall have the floor drain system connected to an oil-water separator.
D. Steam Cleaning of Engines, Chassis and Other Oily Parts, and Radiator Flushing. Facilities conducting such activities shall install closed-loop water recycling and reuse systems for the activity. Such wastes shall not be discharged to the sanitary sewer system.
E. Photo-Processing Facilities. Photo-process waste shall be discharged through an electrolytic recovery unit followed by two ion exchange cartridges in series or equivalent.
F. Dental Clinics. Dental clinics and other facilities which use dental amalgams shall have amalgam traps on all equipment that might carry amalgam waste to the sanitary sewer system.
G. Solvent Bearing or Metals Bearing Waste Streams. Wastewater containing levels of organic solvents or metals which may exceed discharge requirements shall install pretreatment technology designed to consistently meet discharge requirements.
H. The plant manager may establish minimum pre-treatment system requirements not specifically referred to in this section. Such requirements shall be based upon commonly used and properly maintained pretreatment technologies for a given waste. (Ord. 126 § 1 (part), 2009)
8.37.110 General discharge prohibitions.
No person shall discharge wastewater into the sanitary sewer system having characteristics which by themselves or by interaction with other wastes may:
A. Interfere with, inhibit, damage or disrupt any wastewater conveyance or treatment process, sludge treatment process or plant operation, including inflation of operating costs and sludge reuse and disposal costs;
B. Pass through the POTW into receiving waters or sludge in such manner to cause NPDES permit violations or any other regulatory requirement;
C. Endanger the health and safety of the general public or city and district personnel who may be affected by wastewater, sludge and confined atmospheres in the course of their work;
D. Prevent, hinder, delay or impede compliance with POTW effluent limitations established by regulatory agencies, or exceed the same. (Ord. 126 § 1 (part), 2009)
8.37.120 Specific discharge prohibitions.
A. Categorical Pretreatment Standards. The categorical pretreatment standards provided in the pretreatment regulations shall apply to all applicable sources. Nothing in these rules and regulations shall be construed as allowing less stringent limitations.
B. Local Limits. Local limits for toxic pollutants shall be developed by the plant manager to protect the POTW from interference, pass-through and the other general discharge prohibitions.
C. Explosives. No solids, liquids or gases shall be discharged which by themselves or by interaction with other substances may cause a fire or explosion hazard including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees F. (sixty degrees C.). Neither shall any substance be discharged which causes two readings on an explosion hazard meter of more than five percent of the lower explosive limit, or any single reading over ten percent of the lower explosive limit.
D. Corrosives. Discharges with a pH of less than 5.0 or more than 10.5, or other discharges which may cause corrosive structural damage to the sanitary sewer system are prohibited.
E. Solids or Viscous Materials. No solid or viscous materials shall be discharged in amounts which will cause or contribute to obstruction of flow in the sanitary sewer system. Such materials include, but are not limited to, sand, glass, metal chips, bone, plastics, sludge, mud, straw, wood, bags, rags, grease from commercial kitchen operations, and particulate matter which cannot pass through a one-half inch screen.
F. Incompatible Substances. No person shall discharge pollutants, including oxygen-demanding pollutants (BOD, etc.), at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with wastewater treatment processes.
G. Heat. No waste shall be discharged in amounts which will inhibit POTW treatment processes resulting in interference, and in case heat in such quantities that the temperature at the POTW exceeds sixty degrees C. (one hundred forty degrees F.).
H. Oil and Grease. Oil and grease shall not be discharged into the sewer system if average concentration of floatable oil and grease exceeds twenty mg/L (defined as that which is subject to gravity separation at a temperature of twenty degrees C. and at pH 4.5; nor shall the total oil and grease concentration exceed two hundred mg/L. In addition, the discharge of petroleum oil, nonbiodegradable cutting oil, or products of mineral origin in amounts that will cause interference and pass-through, are prohibited.
I. Hazardous, Noxious or Malodorous Substances. No industrial waste shall be discharged which alone or in combination with other wastes may create a public nuisance, a hazard, make human entry into the sewers unsafe, or which constitutes a discharge of hazardous substances as defined by Title 22, Part II of the California Code of Regulations; or statutes of the United States government. Dissolved sulfides shall not be discharged in concentrations exceeding one-tenth mg/L.
J. Trucked or Hauled Wastes. Discharge of trucked or hauled waste is prohibited, except as expressly authorized in a wastewater discharge permit. The permit shall specify the exact point of discharge of the waste.
K. Toxicity. No person shall discharge wastewater containing in excess of the following limitations at point of discharge. All concentrations are for “total,” not “dissolved”:
|
Pollutant |
Instantaneous Maximum |
|
|
|
|
Arsenic |
0.1 mg/liter |
|
Cadmium |
0.2 mg/liter |
|
Chromium total |
0.5 mg/liter |
|
Copper |
2.0 mg/liter |
|
Cyanide |
1.0 mg/liter |
|
Lead |
1.0 mg/liter |
|
Mercury |
0.01 mg/liter |
|
Nickel |
1.0 mg/liter |
|
Silver |
0.2 mg/liter |
|
Zinc |
3.0 mg/liter |
L. Color. Discharge of wastewater which imparts color which cannot be removed by the wastewater treatment processes, such as, but not limited to, dye wastes and vegetable tanning solutions, is prohibited.
M. Radiologic Substances. Discharge of any radioactive wastes into the sewer system shall conform to the California Radiation Control Regulations Title 17, California Code of Regulations, Chapter 5, Subchapter 4, and its amendments.
N. Foaming Agents. Detergents, surfactants, or other substances which may cause excessive foaming in the sewerage system are prohibited.
O. Unpolluted Water. Unpolluted water shall not be discharged through direct or indirect connection to the sanitary sewer system. As used in this section, unpolluted water shall include stormwater from roofs, yards, foundation or under-drainage, which meets all state and federal requirements for discharge to surface waters of the United States. (Ord. 126 § 1 (part), 2009)
8.37.130 Limitations on point of discharge.
A. No person shall discharge any substance directly into a manhole or other opening in the sanitary sewer system, other than through an approved building sewer, or other location approved by the plant manager.
B. No person shall discharge or cause to be discharged any domestic or industrial waste into any storm drainage system, surface waters, land or appurtenance not authorized by federal, state or local authorities for treatment, handling or disposal of such wastes. (Ord. 126 § 1 (part), 2009)
8.37.140 Prohibition against dilution.
Except where expressly authorized to do so by an applicable pretreatment standard, no user shall increase the use of process water, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with pretreatment standards or pretreatment requirements. (Ord. 126 § 1 (part), 2009)
8.37.150 Discharge of groundwater.
A. The plant manager may approve the discharge of ground waters to the sanitary sewer only when such source is deemed unacceptable by state and federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. No discharge of such waters will occur except as specifically authorized in a wastewater discharge permit or other written authorization.
B. Groundwater containing petroleum products may be authorized for disposal to the sanitary sewer and shall comply with the following limits at point of discharge, in addition to any other discharge standards imposed: one-half mg/L benzene, one mg/L BTEX (benzene, toluene, ethyl-benzene, xylene), and ten mg/L TPH (total petroleum hydrocarbons) as gasoline or diesel. Groundwater containing organic compounds other than gasoline or diesel shall not exceed one mg/L total priority organic toxic pollutants at point of discharge. (Ord. 126 § 1 (part), 2009)
8.37.160 Requirements for food service facilities.
A. The owner of every commercial, industrial or institutional food service facility shall install or cause to be installed a pretreatment system for grease removal for each grease generating activity which meets or exceeds minimum sizing requirements of the UPC. The plant manager shall approve final sizing.
B. The owner of every commercial or industrial generator of grease serviced by a public sewer found to have a grease buildup at the point of connection of the side sewer, a history of grease blockage at such point, or accelerated maintenance of the public sewer resulting from the discharge of grease from such facility, may be required to implement additional grease control measures, which may include, but are not limited to, installation of additional pretreatment equipment, elimination of the garbage grinder, or reimbursement of the city or district for the cost of accelerated preventive maintenance of the public sewer to prevent blockage of the sewer related to such grease discharge. (Ord. 126 § 1 (part), 2009)
8.37.170 Operation and maintenance of pretreatment systems.
A. Pretreatment systems shall be inspected and maintained by the user as needed to ensure continuous operation and optimum efficiency.
B. Pretreatment systems shall be inspected monthly by the user or per a schedule approved by the plant manager.
C. A record of all inspection and maintenance activity shall be kept by the user at the facility showing the date of inspection or maintenance, the activity completed, and the disposition of the removed contents, filters, cartridges or other components.
D. Failure to operate or maintain the pretreatment system in a way so as to ensure optimum efficiency or failure to keep records of pretreatment system maintenance shall constitute a violation of these rules and regulations. (Ord. 126 § 1 (part), 2009)
8.37.180 Damage to facilities.
When a user’s discharge causes an obstruction, damage, or any other impairment to the POTW or causes a violation of the NPDES permit, the city or district may impose a charge upon the user to reimburse the city or district for the cost of cleaning and/or repair of city or district facilities, including mitigation of waste discharge to the storm drainage system. (Ord. 126 § 1 (part), 2009)
8.37.190 Additional pretreatment requirements.
The plant manager may establish discharge limits for industrial wastes not specifically referred to in these rules and regulations. Such standards shall be based upon known reasonably achievable efficiencies of commonly used and properly maintained pretreatment technologies for a given waste. Such standards shall be included in wastewater discharge permits issued for the discharge of the specific waste. (Ord. 126 § 1 (part), 2009)
8.37.200 Authorization to discharge.
Industrial waste shall not be discharged to any sanitary sewer system without first obtaining authorization to discharge industrial waste from the plant manager. (Ord. 126 § 1 (part), 2009)
III. Administration
8.37.210 Wastewater discharge permits.
A. The plant manager shall require each significant industrial user to obtain a wastewater discharge permit. In the event that the plant manager subsequently determines that the user no longer meets the criteria for classification as a significant industrial user, the plant manager may, in accordance with the pretreatment regulations, delist the facility and cancel the permit.
B. The plant manager may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of these rules and regulations. (Ord. 126 § 1 (part), 2009)
8.37.220 Wastewater discharge permit procedure.
A. Applicants for a permit to discharge industrial waste shall complete and submit an application for waste-water discharge. The plant manager shall establish the contents of such form and may require additional information on the characteristics of the wastewater discharge beyond that required on the application form. The application may request information including, but not limited to, the nature of the industrial processes conducted; the volume of wastewater to be discharged; physical and chemical characteristics; rates of flow; hours of operation; industrial classification; each manufactured product by type, amount, and rate of production; number and classification of employees; site plans; floor plans; mechanical and plumbing plans and details to show all sewers, storm drains and appurtenances by size, location and elevation; and any other information as may be deemed necessary by the plant manager to be necessary to evaluate the permit application.
B. The application shall include a hold harmless clause and statement certifying the accuracy and completeness of the information provided. Unsigned applications will not be accepted.
C. Completed applications shall be submitted by the user not less than thirty days in advance of commencing discharge. New sources shall not commence discharge prior to permit approval and not before installation of required pretreatment systems is complete.
D. Prior to approval of a discharge permit, the plant manager shall determine whether the discharge is subject to the pretreatment standards provided in the pretreatment regulations. The determination will be made by the plant manager following the guidelines and procedures of that subpart.
E. The application shall be approved if (1) the applicant has complied with all requirements of these rules and regulations and all other applicable city or district ordinances, state and federal regulations; (2) the applicant has furnished all requested information; and (3) the plant manager determines that there are adequate devices, equipment, chemicals and other facilities to sample, meter where desirable, convey, treat and dispose of industrial wastes. (Ord. 126 § 1 (part), 2009)
8.37.230 Signatory requirements.
A. Applications and reports shall be signed by the owner, plant manager, general partner, corporate officer or other duly authorized representative of the user. Baseline monitoring reports, periodic compliance reports and analytical data reports submitted by a significant industrial user shall contain the following certification statement:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, the information 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.
B. In the case of third parties requesting permission to discharge waste generated by another party, or the products of treated wastes generated by another party, the plant manager may require the waste generator or responsible party to submit a “designation of authorized representative” (DOAR) to authorize the third party to conduct business and sign reports on their behalf. However, certification that the waste as discharged does not constitute a hazardous waste, the permit and permit application must be signed by the waste generator or responsible party. (Ord. 126 § 1 (part), 2009)
8.37.240 Wastewater discharge permit terms, conditions and requirements.
A. The plant manager shall impose terms, conditions and requirements on the permit which the plant manager deems necessary to carry out the purpose of these rules and regulations.
B. The waste discharge permit shall contain the effective date and expiration date of the permit; statement of transferability; discharge limitations based on applicable pretreatment standards or pretreatment requirements; monitoring, sampling, reporting and record keeping requirements; and statement of penalties for noncompliance of permit terms, conditions and requirements; and other provisions deemed appropriate by the plant manager for inclusion in the permit.
C. A wastewater discharge permit may require pretreatment of waste before discharge, restriction of peak flow discharges, discharge of certain waste waters only to specified sewers, location of points of discharge, prohibition of certain wastewater components, restriction of discharge to certain hours of the day, sampling and monitoring requirements, payment of charges to help defray the cost of the pretreatment program, and other conditions as may be required to effectuate the purpose of these rules and regulations. The permit may also require specific investigations or studies to determine methods of reducing toxic constituents in the discharge.
D. If a current permit holder wishes to continue to discharge after the expiration date of the permit, all application to reissue the permit must be filed by the user not less than thirty days prior to the expiration date.
E. An expired permit will continue to be effective and enforceable until the permit is reissued if the permit holder has submitted a complete application at least thirty days prior to the expiration date, and that failure to renew the permit is not due to any act or failure on the part of the permit holder. (Ord. 126 § 1 (part), 2009)
8.37.250 Permit duration and transferability.
A. A wastewater discharge permit shall be issued for a specified time period, not to exceed three years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than three years, at the discretion of the plant manager. Each waste discharge permit shall indicate a specific date upon which it will expire.
B. Wastewater discharge permits are issued to a specific user for a specific operation. Permits shall not be assigned, transferred, subcontracted or sold to a new owner, new user, subcontractor, or to different premises, or to a new or changed operation, whether such transfer, assignment or subcontract occurs voluntarily or involuntarily. (Ord. 126 § 1 (part), 2009)
8.37.260 Permit classification.
Wastewater discharge permits shall be issued to applicable users and levied applicable fees as provided for in these rules and regulations and shall be classified as follows:
A. Class A Discharge Permit. A Class A permit shall be issued to all significant industrial users (SIU). Class A permit holders are regulated, in accordance with the requirements specified in the pretreatment regulations, 40 CFR Part 403 and 40 CFR Chapter I, Subchapter N, Parts 405-471, as amended, and these rules and regulations.
B. Class B Discharge Permit. A Class B permit shall be issued, at the discretion of the plant manager, any user who is not a significant industrial user, yet requires periodic inspection and/or monitoring to verify compliance with these rules and regulations. A Class B permit may be required for discharge of industrial waste from stationary sources, trucked wastes, contaminated groundwater and other industrial wastes approved by the plant manager for discharge to the sanitary sewer.
1. Groundwater sources may include but are not limited to (a) construction site dewatering where soil or groundwater contamination is present, (b) groundwater contaminated with organic solvents generated as a result of pump tests in preparation for a groundwater cleanup or water generated during sampling events, (c) aqueous wastes generated by either permanent or mobile hazardous waste treatment units used to treat hazardous waste at the generator’s site, (d) and aqueous wastes generated as a result of site cleanup activities. A permit must be obtained prior to commencement of discharge, and request for such permits shall be submitted not less than thirty working days prior to intended discharge.
2. The plant manager limits groundwater discharges to a cumulative total hydraulic allocation of one-half million gallons per day (mgd) for the protection of the hydraulic capacity of the sanitary sewer system and the POTW. Real properties of the city or district shall have priority to such allocation. Allocations for other permit holders may be reduced, but not eliminated, to equitably accommodate the needs of the agencies to discharge treated groundwater to the sanitary sewer. Should such a permit holder discontinue discharging for more than ninety days, the permit holder shall be notified in writing of the plant manager’s intention to cancel the permit.
E. The plant manager may impose upon the user a hydraulic loading charge for discharge of groundwater or other waters in cases where conventional sewer service charges applied by the city or district do not account for such flows or uses. User discharges which exceed ten thousand gallons per batch discharge or users undertaking long term discharges of groundwater to the sanitary sewer shall be metered and levied a hydraulic loading charge based upon the basic sewer service charge rate established by the city or district, as applicable. (Ord. 126 § 1 (part), 2009)
8.37.270 Modification, suspension or revocation of permit.
A. A wastewater discharge permit may be revoked, made subject to additional terms and conditions, modified or suspended by the plant manager in addition to other remedies provided by law, when such action is necessary in order to stop discharge or a threatened discharge which presents a hazard or a threat of hazard to the public health, safety or welfare, or the natural environment, or the sewerage system, or which violates these rules and regulations, or which action is intended to implement programs or policies required or requested of the city or district by appropriate state or federal regulatory agencies.
B. A user notified of the plant manager’s intent to revoke, make subject to additional terms or conditions, modify, or suspend the user’s permit shall immediately comply with directives of the plant manager or cease and desist the discharge of all industrial waste or such portion of such wastes as will eliminate the wrongful discharge to the sewer system pending any hearing that the user may request as set forth in these rules and regulations.
C. The plant manager shall reissue or reinstate any wastewater discharge permit or other authorization to discharge upon proof of satisfactory ability to comply with all discharge requirements, and upon payment of any costs, fines or penalties which may be assessed. The plant manager may require the user to develop and implement a compliance schedule to ensure attainment of prompt and full compliance of permit terms and conditions. (Ord. 126 § 1 (part), 2009)
8.37.280 Notification of hazardous waste discharge.
A. No person shall knowingly dispose of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261, unless specifically authorized by the plant manager. Should any discharge of a hazardous waste occur, the user shall verbally notify the EPA, the Regional Water Quality Control Board, and the plant manager as soon as possible, but in no event later than twenty-four hours after such discharge.
B. The plant manager may require that a user periodically certifies that their wastewater discharge does not constitute a hazardous waste, as defined by the federal regulations, and that no discharge of hazardous waste occurred during the reporting period.
C. A user shall make available at the plant manager’s request, a copy of the user’s hazardous materials management plan (HMMP) and have on-site copies of material safety data sheets for all hazardous materials stored, generated or used on the user’s premises. (Ord. 126 § 1 (part), 2009)
8.37.290 Compliance schedules and progress reports.
A. In the event that a user should be affected by a newly promulgated pretreatment standard, or an existing discharge permit holder is reclassified as being subject to the categorical standards provided in the pretreatment regulations due to process changes, or an inspection reveals the presence of regulated processes, or new information becomes available that justifies or requires a reclassification, the user shall, within ninety days or the effective date of a categorical standard or reclassification, file a baseline monitoring report (BMR).
B. Baseline monitoring reports shall contain the name and address of the user, including name of owner and operator; list of any environmental control permits held by the user; description of operations, including rate of production, standard industrial classification and process schematic; estimated average and maximum daily flow to sewer from the regulated processes to allow use of the combined waste stream formula in the pretreatment regulations; identification of the categorical pretreatment standards applicable to each process; results of sampling and analysis of regulated pollutants in the discharge from each regulated process, or, in the case of new sources, an estimate of such pollutants.
C. Baseline reports shall contain a statement, reviewed by an authorized representative of the user and certified by a qualified professional, indicating whether or not pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
D. If additional O&M and/or additional pretreatment, equipment or improvements will be required to meet the pretreatment regulations, the user’s baseline monitoring report shall include a compliance time schedule which specifies the shortest time schedule by which the user will provide such additional pretreatment procedures or facilities, equipment or improvements to attain compliance. The compliance schedule shall include progress increments in the form of dates for the commencement and completion of major events leading to construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards. Such events may 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.
E. Not later than fourteen days following each date in the compliance schedule, the user shall submit a progress report to the plant manager including, at a minimum, whether or not it complied with the increment of progress, and if not, the reason for the delay, and if appropriate, the steps being taken by the user to return to the established schedule.
F. 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 discharge, the user shall submit to the plant manager a report including discharge flow and pollutant concentration data for the regulated processes, and a statement, reviewed by the authorized representative of the user and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and if not, whether additional procedures or pretreatment equipment is required to meet pretreatment standards and requirements. (Ord. 126 § 1 (part), 2009)
8.37.300 Periodic compliance reports.
A. Significant industrial users subject to self-monitoring requirements shall, at a frequency determined by the plant manager but in no case less than twice annually, submit periodic reports indicating whether applicable pretreatment standards have been met during the reporting period. Specific reporting requirements shall be specified in the permit, in compliance directives or in notices of violation. Any user may be required to submit periodic reports to the plant manager.
B. A periodic report may include, but is not limited to, user surveys, permit applications, responses to compliance directives, and any other reporting requirement or information request.
C. A periodic report specified in a permit reporting schedule, and any report including monitoring data, shall be certified and signed by an authorized representative of the user.
D. Reports shall be submitted within thirty days from the due date specified in the permit or other written directive. (Ord. 126 § 1 (part), 2009)
8.37.310 Changed discharge notification.
A. Any user desiring to change the quantity or quality of waste discharged to the sewer system or to discharge wastes or use facilities which are not in conformance with their wastewater discharge permit shall notify the plant manager at least thirty days before commencement of discharge. The plant manager 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.
B. The plant manager may issue a wastewater discharge permit or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions in accordance with these rules and regulations. (Ord. 126 § 1 (part), 2009)
8.37.320 Noncompliance and increased load reporting.
A. If sampling performed by the user indicates a violation, the user shall notify the plant manager as soon as possible but no later than twenty-four hours of the user’s knowledge of the violation. The user shall repeat the sampling and analysis and report the results to the plant manager within thirty days after becoming aware of the violation. The user is not required to resample if the plant manager samples between the user’s initial sampling and the user’s receipt of the sampling results.
B. In the event of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine episodic nature, a noncustomary batch discharge or a slug discharge, any of which may cause potential problems in the POTW, the user shall immediately contact the plant manager of the incident. Notification shall include location of the discharge, type of waste, concentration and volume, if known, and corrective actions being taken by the user.
C. Within five days following such discharge, the user shall, unless waived by the plant manager, submit a detailed written report explaining the nature, volume and duration of the noncompliance, mitigation measures taken to correct the noncompliance and ways to prevent reoccurrence. Such notifications shall not relieve the user of liability for any expense, including but not limited to, costs for countermeasures, loss or damage to the POTW; or liability to reimburse any fines imposed on the city on account thereof; or for damages incurred by a third party. (Ord. 126 § 1 (part), 2009)
8.37.330 Sampling and testing requirements.
A. Pollutant analyses, including sampling techniques, to be conducted as part of any monitoring requirement of a wastewater discharge permit or other formal directive shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in the pretreatment regulations. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyzes shall be performed in accordance with procedures approved by the U.S. Environmental Protection Agency.
B. All samples shall be representative of the waste being analyzed.
C. Samples shall be analyzed by a laboratory accredited by the California Department of Health Services for such analysis.
D. All analytical data and flow monitoring records shall include the date, exact location, method and time of sampling, and the name of the person(s) taking the samples; the dates the analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. (Ord. 126 § 1 (part), 2009)
8.37.340 Record keeping requirements.
A. Users subject to the reporting or record keeping requirements of wastewater discharge permits or other formal directives shall make available for inspection and copying all monitoring data, pretreatment system operation and maintenance records, and any other information required by the plant manager to be kept by the user.
B. Records shall be retained by the user for a period of at least three years from the date of the report to which these records are applicable or three years from the date of any investigation or enforcement action undertaken by the plant manager, state or U.S.E.P.A. has concluded, or such other time as may be directed by the plant manager. (Ord. 126 § 1 (part), 2009)
8.37.350 Authority to inspect and monitor.
A. The plant manager is authorized to conduct all inspection, surveillance and monitoring procedures necessary to assure compliance with these rules and regulations.
B. The plant manager may enter without unreasonable delay, during hours of discharge from the facility or hours of operation, any premises of any user in which an industrial waste source is located or in which industrial waste records are kept. Records shall be made available to the plant manager for inspection and copying. Reasonable times for inspection and sampling may include times which are unannounced.
C. The plant manager may enter such building or premises only upon first presenting credentials and requesting entry. If the building or premises is unoccupied, the plant manager shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
D. In the event that the user refuses the plant manager entry to the premises, the plant manager is hereby empowered to seek assistance from the court in obtaining such entry.
E. 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 plant manager and shall not be replaced. The costs of clearing such access shall be borne by the user. Unreasonable delays in allowing the plant manager access to the user’s premises shall be a violation of these rules and regulations.
F. The plant manager shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recording of activities on the site.
G. In addition to other remedies available to the plant manager, compliance directives may be issued at the time of the inspection to require the user to implement actions that will correct violations of these rules and regulations. (Ord. 126 § 1 (part), 2009)
8.37.360 Self-monitoring requirements.
A. As a condition of discharge, the plant manager may require that the user conduct a sampling and analysis program of the user’s wastewater discharge of a frequency and type required by the plant manager to demonstrate compliance with the requirements of these rules and regulations. The wastewater discharge permit shall specify the minimum frequency and types of samples, flow monitoring, measuring, and analyzes to be conducted by the user. The permit may also specify the type of sampling equipment and flow monitoring equipment which must be installed or used. The required self monitoring program will depend on factors such as flow, potential for the discharge to cause interference, pass-through, or upset of treatment processes, pollutants present, and prior compliance history, if any, of the user. Additional monitoring may be required by the plant manager for violation follow up, to assist in evaluating effects of the discharge, or as part of a compliance directive or notice of violation.
B. Information to be included in self-monitoring reports, and acceptable sampling and analytical methods are specified in the pretreatment regulations and these rules and regulations. Samples shall be analyzed at the user’s expense, by a laboratory accredited by the state of California Department of Health Services for such analysis. The detection limit used by the user shall be no greater that the applicable regulatory limit of the parameter as specified in the wastewater discharge permit.
C. The self-monitoring reports and notices required by the pretreatment regulations shall be submitted to the plant manager on the date specified.
D. The plant manager may require self-monitoring for facilities for which a permit has not been issued. The plant manager may also request that information be submitted within a reasonable time concerning the chemical or biological constituents of any substance or chemical product that could potentially be discharged to the sewer system or which the plant manager determines may, alone or in accumulation with other discharges, contribute to a violation by the POTW of its NPDES permit or contribute to an upset of plant processes. (Ord. 126 § 1 (part), 2009)
8.37.370 Confidential information.
A. Any information submitted to the plant manager pursuant to these rules and regulations shall be made available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the plant manager, that the release of such information would divulge information, processes or methods which would be detrimental to the user’s competitive position and is not required to be disclosed pursuant to the California Public Records Act, or similar law.
B. Any such requests must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing the 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 the industrial pretreatment program, and in enforcement proceedings involving the person furnishing the report.
C. Information and data provided to the plant manager pursuant to this section which constitutes effluent or flow data shall not be recognized as confidential information and shall be available to the public without restriction.
D. A user may be prohibited from discharging a substance unless its composition is made known to the plant manager. (Ord. 126 § 1 (part), 2009)
8.37.380 Spill control and prevention requirements.
A. At least once every two years the plant manager shall evaluate each significant industrial user, or any other discharger as deemed necessary, to determine the need for a spill control and prevention plan. Such plan shall include, at minimum, a description of discharge practices, including nonroutine batch discharges, description of stored chemicals, procedures for notifying the plant manager of any noncompliant discharge, as specified in these rules and regulations, and procedures to prevent adverse impact from any noncompliant discharge.
B. Each user shall provide adequate protection to prevent accidental discharge of hazardous or prohibited materials or other wastes regulated by these rules and regulations. Where directed by the plant manager, the user shall install retention basins, dikes, storage tanks or other facilities designed to eliminate, neutralize, offset or otherwise negate the effects of prohibited materials or wastes which may be accidentally discharged in violation of these rules and regulations.
C. No person shall store hazardous materials above a sink that is connected to the sanitary sewer in a commercial or industrial facility. The plant manager may allow an exception when the hazardous materials are secondarily contained and when constrained to prevent accidental spills caused by earthquakes and other occurrences. (Ord. 126 § 1 (part), 2009)
8.37.390 Best management practices.
The plant manager may impose best management practices upon the user for any activity, operation or facility in order to reduce potential to violate these rules and regulations. Such requirements shall be specified in wastewater discharge permits, compliance directives or other written notice. (Ord. 126 § 1 (part), 2009)
8.37.400 Employee training requirements.
Users shall take necessary steps to inform appropriate personnel employed by the user of discharge requirements. Such personnel shall include workers and supervisors whose duties pertain in any manner to the waste discharges regulated in these rules and regulations. Steps to inform such personnel may include orientation of newly employed or assigned personnel, annual orientation of all appropriate personnel, and posting of work stations with signs or equally effective methods of indicating approved methods of disposition of wastes and reporting requirements and instructions for accidental spills and increased loadings. (Ord. 126 § 1 (part), 2009)
8.37.410 Appeals and hearing procedures.
A. Any user shall have at its request, a hearing before the city or district manager or his/her designee, before the wastewater discharge permit is issued, denied or revoked, made subject to additional terms or conditions, modified or suspended.
B. The plant manager shall give the user ten working days’ written notice of intent to issue, deny, revoke, modify or suspend a waste discharge permit. The notice shall set forth specifically the grounds for the plant manager’s intention to deny, revoke or suspend and shall inform the user of that they have ten days from the date of receipt of the notice to file a written request for a hearing. The permit shall be denied, revoked, modified or suspended if a hearing request is not made within the ten-day period.
C. If the ruling made by the plant manager is unsatisfactory to the user requesting the reconsideration, the user may, within ten days after notification of the plant manager’s action, file a written request for an appeal to the city or district, as applicable. The written request for appeal shall set forth the provisions of the permit, or other actions taken, from which the user is seeking review by the city or district. Failure to submit a timely petition for review shall be deemed to be a waiver of the right to appeal provided in this section.
D. If the user files a timely hearing request, the city or district manager or his/her designee shall, within ten days from the receipt of the request, set a time and place for the hearing. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues and to be represented by counsel. The plant manager’s decision, action or determination shall remain in effect during any such period of appeal. The decision of the city or district manager whether to deny, revoke, modify or suspend the permit shall be final. (Ord. 126 § 1 (part), 2009)
8.37.420 Public notification of significant noncompliance.
At least annually, the plant manager shall provide public notice in the newspaper adjudicated as a newspaper of general circulation a list of those significant industrial users which, during the previous twelve months, were found in significant noncompliance, as defined in the pretreatment regulations and these rules and regulations. (Ord. 126 § 1 (part), 2009)
8.37.430 Compliance with rules and regulations.
A. Failure to comply with terms, conditions or requirements of a wastewater discharge permit, compliance directive or other written notice, including, but not limited to, pretreatment standards, monitoring requirements or reporting requirements, shall constitute noncompliance with these rules and regulations.
B. The omission to act by the plant manager and/or the failure of the plant manager to take cognizance of the nature of the operation of the user and/or the properties of the user’s discharge shall not relieve the user of the responsibility to comply with the provisions of these rules and regulations. It is the responsibility of the user to make determinations as to the nature of its operation and waste discharge characteristics and to take such actions as may be required under these rules and regulations prior to any discharge into any sanitary sewer system, whether or not the user has been informed by the plant manager of the requirements which may apply to the user regarding its discharge.
C. Liability for damages as a result of any discharges in violation of these rules and regulations shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the city and district in any administrative or judicial enforcement action relating to such discharges. (Ord. 126 § 1 (part), 2009)
IV. Enforcement
8.37.440 Remedies nonexclusive.
Enforcement remedies provided for in these rules and regulations are not exclusive. The city or district may take all, or any combination or these actions against a noncompliant user, as well as any other enforcement remedies which the city or district may have available. (Ord. 126 § 1 (part), 2009)
8.37.450 Administrative enforcement remedies.
A. Notice of Violation. When the plant manager finds that a user has violated or is violating these rules and regulations, or a wastewater permit or order issued hereunder, the plant manager may serve upon such user a notice of violation which enumerates the violations found, and orders compliance by a date certain.
B. Consent Orders. The plant manager may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for the noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified in the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to these rules and regulations.
C. Show Cause Hearing. The plant manager may order any user which causes or contributes to violations of these rules and regulations or wastewater 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 request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served by certified mail, return receipt requested, at least ten days prior to the hearing. Such notice may be served on any authorized representative of the user.
D. Compliance Order. When the plant manager finds that a discharge of wastewater is taking place or threatening to take place in violation of any provision of these rules and regulations or a permit or order issued hereunder, the plant manager may require the user to submit for approval of the plant manager, with such modifications as the plant manager deems necessary, a detailed compliance schedule that the user shall take in order to correct the violation(s), or prevent future recurrences of such violation(s). A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation.
E. Cease and Desist Order. When the plant manager finds that a discharge of wastewater is taking place or threatening to take place in violation of these rules and regulations or any permit or order issued hereunder, or that the user’s past violations are likely to recur, the plant manager may issue an order to cease and desist and direct that the user in violation immediately comply with all requirements, and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
F. Administrative Civil Penalties. The plant manager may serve an administrative complaint on any user who has violated, or continues to violate, any provision of these rules and regulations or permits and orders issued hereunder, or any other pretreatment standard or requirement. Each day on which each instance of noncompliance shall occur or continue shall be deemed a separate and distinct violation. Procedures for application of administrative civil penalties shall be in accordance with standard procedures adopted by the city or district.
G. Emergency Termination of Service. The city or district reserves the right to terminate sewer service for noncompliance with the provisions of these rules and regulations which reasonably appear to present an imminent endangerment to health, safety and welfare of persons. The user shall immediately cease discharge of any waste presenting such a hazard, upon verbal and/or written notice of the plant manager or his (her) designated representative. Such termination shall be effective immediately, but shall be reviewable pursuant to the hearing process provided by the city or district. The plant manager shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the plant manager that the period of endangerment has passed, and provisions have been made to prevent future occurrences of actual or threatened discharges which may result in endangerment to individuals, the environment, damage to facilities or NPDES permit violations. (Ord. 126 § 1 (part), 2009)
8.37.460 Judicial enforcement remedies.
A. Injunctive Relief. When the plant manager finds that a user has violated, or continues to violate, any provision of these rules and regulations, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the plant manager may, through the attorney of the city or district, petition the superior court for the county of San Mateo for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by these rules and regulations on activities of the user. The plant manager may also seek such other action as is appropriate for legal and/or equitable relief. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against the user. In addition to the penalties provided herein, any condition caused or permitted to exist in violation of a provision of this code is a public nuisance and may be summarily abated as such. Each day that the condition continues it is a new and separate offense. Pursuant to Section 38773.5 of the California Government Code, in any action, administrative proceeding, or special proceeding brought by the district to abate a public nuisance, the prevailing party shall be entitled to reasonable attorneys’ fees. Recovery of attorneys’ fees shall be limited as follows:
1. To those actions or proceedings where the district has elected to recover attorneys’ fees at the initiation of such actions or proceedings.
2. The amount of attorneys’ fees in any action, administrative action, or special proceeding awarded to a prevailing party shall not exceed the amount of reasonable attorneys’ fees incurred by the district in the action or proceeding.
B. Civil Penalties. A user who intentionally or negligently violates any provision of these rules and regulations, or any discharge permit or order issued hereunder, shall be liable for a civil penalty of not more than ten thousand dollars plus actual damages incurred by the city or district for as long as the violation continues. In addition to the above-described penalty and damages, the agency may recover reasonable attorneys’ fees, court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses. The agency shall petition the court to impose, assess and recover such sums. In determining amount of 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, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, and any other factor as justice requires.
C. Criminal Penalties. A user who intentionally or negligently makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to these rules and regulations, or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these rules and regulations, or who wilfully or negligently introduces any substance into the sanitary sewer system which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor, punishable by such criminal penalties as may be prescribed by the city or district. Any penalty shall be in addition to any other cause of action for personal injury or property damage available under state law. (Ord. 126 § 1 (part), 2009)
8.37.470 Affirmative defenses.
A. Upsets. For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include the result of operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
1. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the user demonstrates, through properly signed, contemporaneous operating logs, or other relevant evidence that an upset occurred and the user can identify the cause(s) of the upset; the facility at the time was being operated in a prudent and professional manner and in compliance with applicable operation and maintenance procedures; and the user informs the plant manager thereof within twenty-four hours of becoming aware of the upset. Where such information is given orally, a written report thereof shall be filed by the user within five days. The report shall contain a description of the upset, its cause(s), and impact on the user’s compliance status; the duration of noncompliance, including exact dates and times of noncompliance; and if the noncompliance is continuing, the time by which compliance is reasonably expected to be restored, and all steps taken or planned to reduce, eliminate, and prevent recurrence of such an upset.
2. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. Users will have the opportunity for a judicial determination on any claim of upset only in the enforcement action brought for noncompliance with categorical pretreatment standards. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facilities until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
B. Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibited discharge standards listed in these rules and regulations, with certain exceptions specified below if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:
1. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass-through and interference; or
2. No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s discharge when the POTW was in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.
In no case will an affirmative defense be granted for discharge of pollutants which create a fire or explosion hazard in the sewerage system; or wastewater with a pH of less than 5.0 or greater than 10.5 or which otherwise will cause corrosive structural damage to the sanitary sewer system; or discharge of trucked or hauled pollutants without authorization from the plant manager.
C. Bypasses. For the purposes of this section, “bypass” shall mean the intentional diversion of waste streams from any portion of a user’s treatment facility. “Severe property damage” means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
1. A user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system.
2. If a user knows in advance of the need for a bypass, it shall submit prior notice to the plant manager, at least ten days before the date of the bypass, if possible. A user shall submit oral notice to the plant manager of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four hours from the time it becomes aware of the bypass, followed by a written submission to the plant manager within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause, the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. The plant manager may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.
3. A bypass of the treatment system is prohibited unless the bypass was unavoidable to prevent loss of life, personal injury or severe property damage; or there was no feasible alternative to the bypass, including the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance, and the user submitted notices as required under subsection (C)(2) of this section. The plant manager may approve an anticipated bypass, after considering its adverse effects, if the plant manager determines that it will meet the conditions listed in this subsection. (Ord. 126 § 1 (part), 2009)