Chapter 13.05 INDUSTRIAL WASTEWATER PRETREATMENT PROGRAM

The purpose of this chapter is to provide for the maximum beneficial public use of the City’s wastewater system through adequate regulation of sewer construction, sewer use, and industrial wastewater discharge, to provide for equitable distribution of the City’s costs, and to provide procedures for complying with wastewater discharge requirements placed upon the City by other regulatory bodies. (Ord. 440 § 1, 1995)

13.05.030 Scope.

This chapter shall be interpreted in accordance with the definitions set forth herein and the provisions of this chapter shall apply to the direct or indirect discharge of all waste into the City’s wastewater system.

This chapter provides for the regulation of sewer construction in areas within the City’s boundaries, the quantity and quality of discharged wastes, the degree of waste pretreatment required, the setting of waste discharge fees to provide for equitable distribution of costs, the issuance of permits for industrial wastewater discharge and of other miscellaneous permits, and the establishment of penalties for violation of the ordinance codified in this chapter. (Ord. 440 § 1, 1995)

13.05.040 Liquid waste disposal policy.

The City builds and operates public sewers and wastewater facilities serving homes, industries, and commercial establishments. The following policies apply to wastewater discharges within the City’s boundaries and to other discharges that are tributary to the City’s wastewater facilities.

Generally, wastewater originating within the City’s boundaries will be removed by the City’s wastewater system provided the wastewater will not (1) damage structures, (2) create nuisances such as odors, (3) menace public health, (4) impose unreasonable collection, treatment, or disposal costs on the City, (5) interfere with wastewater treatment processes, (6) exceed quality requirements set by regulatory government agencies, or (7) detrimentally affect the local environment.

The City is committed to a policy of wastewater renovation and reuse in order to provide an alternate source of water supply and to reduce overall costs of wastewater treatment and disposal. The renovation of wastewater through secondary and tertiary wastewater treatment processes may necessitate more stringent quality requirements on industrial wastewater dischargers than those required by other regulatory agencies.

To comply with stated policies of the Federal government and to permit the City to meet increasingly higher standards, provisions are made in this chapter for the regulation of industrial wastewater discharges. This chapter establishes quantity and quality limitations on industrial wastewater discharges. Methods of cost recovery from industrial wastewater dischargers where the discharges impose inequitable collection, treatment, or disposal costs on the City will be established by a resolution of the City Council.

Recovery and reuse procedures established by industrial wastewater dischargers themselves to meet the limitations set on their discharges will be preferred by the City over those procedures designed solely to meet wastewater discharge limitations. Methods providing for beneficial reuse of otherwise wasted resources shall be the approved method of industrial wastewater treatment wherever feasible.

Optimum use of the City’s wastewater facilities may require that certain industrial wastewaters be discharged during periods of low flow in the City’s wastewater system. (Ord. 440 § 1, 1995)

13.05.050 Definitions.

For the purposes of this chapter, the terms relating to water and wastewater shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

The meaning of other various terms as used in this chapter shall be as follows:

A. “Applicant” means a person, or group of persons, who applies for sewer service.

B. “Director of Public Services” means the department head of the Public Services Department of the City of Poway or his/her designee.

C. “Discharger” means any person that discharges or causes a discharge of wastewater directly or indirectly to a public sewer.

D. “Domestic wastewater” means the liquid and waterborne wastes derived from the ordinary living processes in a dwelling unit, said wastes being of such character as to permit satisfactory disposal, without special treatment, into a public sewer or by means of a private disposal system.

E. “Industrial wastewater” means all wastewater, excluding domestic wastewater, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, service, agricultural, or other operation. These may also include wastes of human origin similar to domestic wastewater.

F. “Mass emission rate” means the weight of material discharged to a public sewer during a given time interval.

G. “Person” means any individual, partnership, entity, firm, association, corporation, or public agency including the State of California and the United States of America.

H. “Public sewer” means a sewer owned and operated by the City of Poway.

I. “Standard methods” means procedures described in the current edition of Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

J. “Suspended solids” means any insoluble material contained as a component of wastewater and capable of separation from the liquid portion of said wastewater by laboratory filtration as determined by the appropriate testing procedure and standard methods.

K. “Treatment facilities” means treatment works actually used in the treatment of wastewater or for the reclamation of wastewater.

L. “Waste” means wastewater and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such wastes placed within containers of whatever nature, prior to and for the purpose of disposal.

M. “Wastewater” means waste and water, whether treated or untreated, discharged into or permitted to enter a public sewer.

N. “Wastewater constituents and characteristics” means the individual chemical, physical, bacteriological, or radiological parameters, including volume, flow rate, and such other parameters that define, classify, or measure the quality and quantity of wastewater.

O. “Wastewater system or facilities” means any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater. (Ord. 440 § 1, 1995)

13.05.060 Responsibility for administration.

The Director of Public Services shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Director of Public Services may be delegated by the Director of Public Services to persons in the employ of the City of Poway or any other duly authorized representative, agent, or agency.

The Director of Public Services shall make and enforce regulations necessary to the administration of this chapter. The Director may amend such regulations from time to time as conditions require. These regulations shall be consistent with the general policy established herein by the City Council. (Ord. 440 § 1, 1995)

13.05.070 Penalty for violations.

A. Public Nuisance. Discharge of wastewater in any manner in violation of this chapter or of any order issued by the Director of Public Services, as authorized by this chapter, is hereby declared a public nuisance and shall be corrected or abated as directed by the Director of Public Services. Any person creating such a public nuisance is guilty of a misdemeanor.

B. Injunction. Whenever a discharge of wastewater is in violation of the provisions of this chapter or otherwise causes or threatens to cause a condition of contamination, pollution, or nuisance, the Director of Public Services may cause the City to seek a petition to the Superior Court for the issuance of a preliminary or permanent injunction or both, as may be appropriate in restraining the continuance of such discharge.

C. Costs of Damage. Any person violating any of the provisions of this chapter or who has a discharge which causes a deposit, obstruction, damage, or any other impairment to the City’s facilities shall become liable to the City for all expense, loss, or damage occasioned the City by reason of such violation or discharge.

D. Falsifying of Information. Any person who knowingly makes any false statements, representation, record, report, plan, or other document filed with the Director of Public Services or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be guilty of a misdemeanor.

E. Termination of Service. The City may revoke any industrial wastewater discharge permit issued pursuant to PMC 13.05.160 or terminate or cause to be terminated any wastewater service to any premises if a violation of any provision of this chapter is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance. This provision is in addition to other statutes or rules authorizing termination of service for delinquency in payment.

When deemed necessary by the Director of Public Services, for the continuing preservation of public health or safety or for the protection of public or private property, the Director may suspend sewer service to any person or persons using the wastewater system in a manner or way to endanger the public health or safety of public or private property. In suspending service, the Director may sever all pertinent connections to the public sewer. If such endangerment shall be imminent, then the Director of Public Services may act immediately to suspend sewer service without notice or warning to said person or persons.

F. Civil Penalties. Any person who violates any provision of this chapter or permit condition, or who discharges wastewater which causes pollution, or who violates any cease and desist order, prohibition, effluent limitation or national pretreatment standard, shall be liable civilly for a penalty not to exceed $300.00 for each day in which such violation occurs.

G. Criminal Penalties. Any person who intentionally violates any provision of this chapter or permit condition or who discharges wastewater which causes pollution or who violates any cease and desist order, prohibition, effluent limitation or national pretreatment standard shall be liable, upon conviction, for a sum not to exceed $10,000 for each day in which such violation occurs, or for imprisonment for not more than one year or both. (Ord. 440 § 1, 1995)

13.05.080 Notice and appeal procedures.

Unless otherwise provided herein, any notice required to be given by the Director of Public Services under this chapter shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the Director of Public Services. Where the address is unknown, service may be made upon the owner of record of the property involved.

Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service.

Any person found to be violating any provision of the chapter shall be served by the Director of Public Services with written notice stating the nature of the violation. Within 30 days after the date of the notice, unless a shorter time is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the Director of Public Services. If the violation is not corrected by timely compliance, or a satisfactory correction plan submitted within the specified time, the Director of Public Services may order any person to show cause before the Director of Public Services why enforcement action should not be taken. A written notice shall be served on the person specifying the time and place of a hearing, the reason why the action is to be taken, and the proposed enforcement action. The Director of Public Services may propose any enforcement action reasonably necessary to abate the violation. Based upon the evidence presented at the hearing, the Director of Public Services shall determine the appropriate enforcement action which should be taken, if any. (Ord. 440 § 1, 1995)

13.05.090 Time limits.

Any time limit provided in any written notice or in any provision of this chapter may be extended only by a written directive of the Director of Public Services. (Ord. 440 § 1, 1995)

13.05.100 Inspection and sampling.

Adequate identification shall be provided by the Director of Public Services for all inspectors and other authorized personnel and those persons shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor.

Inspection and sampling of every facility that is involved directly or indirectly with the discharge of wastewater to the City’s wastewater system may be made by the Director of Public Services as he deems necessary. These facilities shall include but not be limited to sewers, wastewater pumping stations, pollution control plants, all industrial processes, food establishment facilities or other facilities which discharge grease and oil at levels which cause blockages to the sewer, industrial wastewater generation, conveyance and pretreatment facilities, and all similar wastewater facilities. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the provisions of this chapter.

Access to all of the above facilities or to other facilities directly or indirectly connected to the City’s wastewater system shall be given to authorized personnel of the City at all reasonable times including those occasioned by emergency conditions. Any permanent or temporary obstruction to easy access to the wastewater facility to be inspected shall promptly be removed by the facility user or owner at the written or verbal request of the Director of Public Services and shall not be replaced.

No person shall interfere with, delay, resist, or refuse entrance to an authorized City inspector attempting to inspect any wastewater generation, conveyance, or treatment facility connected directly or indirectly to the City’s wastewater system.

The City, through its representative or inspectors, shall have the right to inspect and copy pertinent records relating to a permittee’s wastewater discharge or pretreatment operations including inventories, chemical usage, materials sources, hazardous materials manifests and disposal records, treatment and operations log books and materials invoices. (Ord. 440 § 1, 1995)

13.05.110 Recording of fees and charges.

The Director of Public Services shall keep a permanent and accurate account of all fees and charges received under this chapter, giving the names and addresses of the persons on whose account the fees and charges were paid, the date and amount thereof, and the purpose for which charges were paid. (Ord. 440 § 1, 1995)

13.05.120 Estimated quantities and values.

Unless otherwise provided herein, whenever the fees and charges required by this chapter are based on estimated values or estimated quantities, the Director of Public Services shall make such determinations in accordance with established estimating practices. (Ord. 440 § 1, 1995)

13.05.130 Approval of plans and issuance of permits.

The Director of Public Services will approve plans for wastewater facilities construction, approve issuance of a permit for industrial wastewater discharge or any other permit under the ordinance codified in this chapter only if it appears to the Director of Public Services that the wastewater facilities construction, sewer connection, industrial wastewater discharge, or other procedure conforms to the requirements of this chapter.

All required fees and charges shall be paid before approval of plans or issuance of a permit.

The approval of plans or the issuance of a permit shall not relieve the discharger of any duty imposed upon him pursuant to this chapter. (Ord. 440 § 1, 1995)

13.05.140 Malicious damage to City’s facilities.

Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing or tampering with any structure, equipment, or appurtenance which is a part of the City’s wastewater system shall be a violation of this chapter. (Ord. 440 § 1, 1995)

13.05.150 Waste disposal – Permit required.

Any person, municipality, sanitation district, or governmental agency desiring to discharge industrial waste into a public sewer shall obtain a permit to discharge said wastes into said system from the Director of Public Services known as a permit for industrial wastewater discharge. (Ord. 440 § 1, 1995)

13.05.160 Permit for industrial wastewater discharge.

The permit for industrial wastewater discharge may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers of the City, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the City of Poway created by the wastewater discharge, and such other conditions as may be required to effectuate the purpose of this chapter.

No person shall discharge industrial wastewaters in excess of the quantity or quality limitations set by the permit for industrial wastewater discharge. Any person desiring to discharge wastewaters or use facilities which are not in conformance with the industrial wastewater permit should apply to the City of Poway Public Services Department for an amended permit. (Ord. 440 § 1, 1995)

13.05.170 Discharge reports.

The City may require that any person discharging or proposing to discharge wastewater into a public sewer file a periodic discharge report. The discharge report may include, but not be limited to, nature of process, volume, rates of flow, mass emission rate, production quantities, hours of operation, or other information which relates to the generation of waste, including wastewater constituents and characteristics in the wastewater discharge. Such reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on site even though they may not normally be discharged. In addition to discharge reports, the City may require information in the form of industrial wastewater discharge permit applications and self-monitoring reports.

In addition to the foregoing, the City may also require permittees to provide baseline monitoring reports, compliance schedule reports and final compliance reports. (Ord. 440 § 1, 1995)

13.05.180 Permit application.

A. Persons seeking an industrial wastewater discharge permit shall complete and file with the Director of Public Services, an application in the form prescribed by the Director of Public Services, and accompanied by the applicable fees. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:

1. Name, address and standard industrial classification number of applicant;

2. Volume of wastewater to be discharged;

3. Wastewater constituents and characteristics including but not necessarily limited to those mentioned in PMC 13.06.270 as determined by a laboratory approved by the City;

4. Time and duration of discharge;

5. Average and 30-minute peak wastewater flow rates, including daily, monthly, and seasonal variations if any;

6. Description of activities, facilities, and plant process on the premises including all materials, processes, and types of materials which are or could be discharged; and

7. Any other information as may be deemed by the Director of Public Services to be necessary to evaluate the permit application.

B. The Director of Public Services will evaluate the data furnished by the applicant and may require additional information. After evaluation and acceptance of the data furnished, an on-site inspection of the waste discharge system, treatment systems, or other systems relating to the waste discharge may be required. The Director of Public Services may then issue an industrial wastewater discharge permit subject to terms and conditions provided herein. (Ord. 440 § 1, 1995)

13.05.190 Permit conditions.

Industrial wastewater discharge permits shall be subject to all provisions of this chapter and all other regulations, user charges, and fees established from time to time by resolution of the City Council. The conditions of industrial wastewater discharge permits shall be uniformly enforced by the Director of Public Services in accordance with this chapter, and applicable local, State, and Federal regulations. (Ord. 440 § 1, 1995)

13.05.200 Duration of industrial wastewater discharge permits.

Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. If the permittee is not notified by the Director of Public Services 30 days prior to the expiration of the permit, the permit shall be extended one additional year. The terms and conditions of the permit may be subject to modification and change by the City of Poway during the life of the permit as limitations or requirements as identified in PMC 13.05.270 are modified and changed. The permittee shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (Ord. 440 § 1, 1995)

13.05.210 Transfer of an industrial wastewater discharge permit or changed use.

Industrial wastewater discharge permits shall be issued only for specific use for a specific operation. Any sale, lease transfer or assignment of the premises or operation for which the permit was issued shall require a new permit to be issued. Any new or changed conditions of operation shall require a new permit to be issued. (Ord. 440 § 1, 1995)

13.05.220 Revocation of industrial wastewater discharge permit.

The Director of Public Services may revoke the permit of any permittee who is found to be in violation of this chapter or applicable local, State, or Federal regulations or who:

A. Fails to factually report the wastewater constituents and characteristics of its discharge;

B. Fails to report significant changes in operations, or wastewater constituents and characteristics;

C. Refuses reasonable access to the permittee’s premises for the purpose of inspection or monitoring; or

D. Violates conditions of the permit. (Ord. 440 § 1, 1995)

13.05.230 Industrial wastewater discharge permit fee.

An industrial wastewater discharge permit fee will be collected annually from all permittees. The permit fee will be established periodically by a resolution of the City Council; provided, however, that prior to considering any change in said permit fee by resolution as aforesaid, a notice of the proposed change shall be posted by the City Clerk at least 10 days prior to consideration of such a resolution by the City Council. (Ord. 440 § 1, 1995)

13.05.235 Collection of monitoring fees.

Where monitoring services are provided by either the City of Poway or an outside agency on the City’s behalf, the City of Poway shall assess the individual discharge permit holder the actual costs incurred by the City of Poway in conjunction with the monitoring and the administrative overhead for the management of the pretreatment program. (Ord. 440 § 1, 1995)

13.05.240 Sampling, self-monitoring, and flows.

The Director of Public Services shall require the permittee to provide results of periodic measurements of its discharge which is to include chemical analyses and flow. The Director of Public Services may require a monitoring facility to be furnished and operated at permittee’s expense. All permittees making periodic measurements shall furnish and install at an appropriate location, a calibrated flume, weir, flow meter, or similar device suitable to measure flow rate and total volume approved by the Director of Public Services. In lieu of wastewater flow measurement, the Director of Public Services may accept records of water usage and adjust the flow volume by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharge. The monitoring facility should normally be situated on the permittee’s premises, but the Director of Public Services may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Director of Public Services requirements and shall be completed within 90 days following written notification by the Director of Public Services, unless a time extension is granted by the Director of Public Services. Those permittees required by the Director of Public Services to make periodic measurements of industrial wastewater flows and constituents shall annually make the minimum number of such measurements as required in the permit. When required by the Director of Public Services, permittees shall install and maintain in proper order automatic flow-proportional sampling equipment and/or automatic analysis and recording equipment. Permittees shall allow the City or its representative ready access at all reasonable times to all parts of the premises for purposes of sampling or in the performance of any of their duties. The Director of Public Services shall have the right to set up on the permittee’s property such devices as are necessary to conduct sampling or metering operation. Where a permittee has security measures in force, the permittee shall make the necessary arrangements with their security guards so that upon presentation of suitable identification, personnel of the City shall be permitted to enter without delay.

All sampling, analysis and flow measurement procedures, equipment, results, and records shall be subject at any time to inspection by the Director of Public Services. (Ord. 440 § 1, 1995)

13.05.250 Pretreatment.

Permittees shall make wastewater acceptable under the limitations established herein before discharging to any public sewer. Any facilities required to pretreat wastewater to a level acceptable to the Director of Public Services shall be provided and maintained at the permittee’s sole expense. Detailed plans, compliance schedules, and operating procedures shall be submitted to the Director of Public Services for review and shall be approved by the Director of Public Services before construction of the facility. The review of such plans and operating procedures will in no way relieve the permittee from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Director of Public Services under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Director of Public Services. No permittee shall increase the use of processed water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with any local, State, or Federal discharge standard.

The Director of Public Services shall have the authority in negotiation with any industrial permittee, to impose compliance schedules relating to installation of specific pretreatment equipment, filing of reports, and achievement of specific discharge conditions including target parameter concentrations. (Ord. 440 § 1, 1995)

13.05.260 Protection from accidental discharge.

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

B. In the case of an accidental discharge, it is the responsibility of the permittee to immediately notify both the Director of Public Services of the City of Poway and the City Manager of the City of San Diego of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. Within five days following an accidental discharge, the permittee shall submit to the Director of Public Services a detailed written report describing the cause of the discharge and the measures to be taken by the permittee to prevent similar future occurrences. Such notification shall not relieve the permittee of any expense, loss, damages, or other liability which may be incurred as a result of damage to the wastewater systems, fish kills, or any other damage to persons or property; nor shall such notification relieve the permittee of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law. A notice shall be permanently posted on the permittee’s bulletin board or other prominent place advising employees who to call in the event of an accidental discharge. Permittees shall ensure that all employees who may cause, allow, or observe such an accidental discharge to occur are advised of the emergency notification procedures. (Ord. 440 § 1, 1995)

13.05.270 Prohibited discharges.

In most cases, the concentration or amount of any particular constituent which will be judged to be excessive or unreasonable cannot be foreseen but will depend on the results of technical determinations and the actions of regulatory agencies. The list of constituents which may be regulated provides specific limits only where they are not reasonably well established. The other constituents in the list are presented with the objective of enumerating the types of wastes which will be regulated from time to time. No person shall discharge or cause to be discharged to a public sewer, which directly or indirectly connects to the City’s wastewater system, the following:

A. Any gasoline, benzene, naphtha, solvent, fuel oil, or any liquid, solid or gas that would cause or tend to cause flammable or explosive conditions to result in the wastewater system;

B. Any matter containing toxic or poisonous solids, liquids, or gases in such quantities that, alone or in combination with other substances, may create a health hazard for humans, animals, or the local environment, interfere detrimentally with wastewater treatment processes, cause a public nuisance, or cause any hazardous condition to occur in the wastewater system;

C. Any matter having a pH lower than 5.0 or having any corrosive or detrimental characteristic that may cause injury to wastewater treatment or maintenance personnel or may cause damage to structures, equipment, or other physical facilities of the wastewater system;

D. Any solids or viscous substances or other matter of such quality, size, or quantity that they may cause obstruction to flow in the sewer or be detrimental to proper wastewater treatment plant operations. These objectionable substances include, but are not limited to, asphalt, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metal, glass, rags, feathers, tar, wood, whole blood, manure, bones, hair and fleshings, entrails, fatty acids, grease and oil, paper dishes, paper cups, milk containers, or other similar paper products, either whole or ground;

E. Any rainwater, stormwater, groundwater, street drainage, subsurface drainage, roof drainage, yard drainage, water from yard fountains, ponds, or lawn sprays, or any other uncontaminated water;

F. Any matter having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius) or at a temperature which causes the influent to the waste treatment plant to exceed 104 degrees Fahrenheit (26 degrees Celsius);

G. Any matter containing more than 500 mg/l of oil or grease;

H. Any strongly odorous matter or matter tending to create odors;

I. Any matter containing over 1.0 mg/l of dissolved sulfides;

J. Any matter with a pH high enough to cause alkaline incrustations on sewer walls;

K. Any matter promoting or causing the promotion of toxic gases;

L. Any matter requiring an excessive quantity of chlorine or other chemical compound used for disinfection purposes;

M. Any excessive amounts of deionized water, steam condensate, distilled water, or single-pass cooling water;

N. Any radioactive matter, except:

1. When the person is authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials, and

2. When the matter is discharged in strict conformity with current California Radiation Control Regulations (California Administrative Code, Title 17), and the Nuclear Regulatory Commission regulations and recommendations for safe disposal, and

3. When the person is in compliance with all rules and regulations of all other applicable regulatory agencies;

O. Any matter producing excessive discoloration of the wastewater treatment plant effluent;

P. Any toxic materials including, but not limited to, all heavy metals, cyanide, phenols, chlorinated hydrocarbons, and other organic compounds unless limited to that concentration which complies with all local, State, and Federal discharge limitations, and which does not interfere with the operation of the wastewater facilities. (Ord. 440 § 1, 1995)

13.05.280 Limitations on the use of garbage grinders.

Matter from garbage grinders shall not be discharged into a public sewer except matter generated in preparation of food normally consumed on the premises, or where the permittee has obtained a permit for that specific use from the Director of Public Services, and agrees to undertake whatever self-monitoring is required to enable the Director of Public Services to equitably determine the sewer service charges based on the waste constituents and characteristics. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the public sewer. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, or garden refuse. (Ord. 440 § 1, 1995)

13.05.300 Limitations on point of discharge.

No person shall discharge any substances directly into a manhole or other opening in a public sewer other than through an approved sewer connection unless upon written application and payment of the applicable charges and fees and the Director of Public Services approves the issuance of a permit for such direct discharges. (Ord. 440 § 1, 1995)

13.05.310 Availability of the City’s wastewater facilities.

If wastewater facilities capacity is not available, the Director of Public Services may require the industrial waste discharger to restrict his discharge until sufficient capacity can be made available. When requested, the Director of Public Services will advise persons desiring to locate new facilities as to the areas where industrial wastewater of their proposed quantity and quality can be received by available wastewater facilities. The Director of Public Services may refuse service to persons locating facilities in areas where their proposed quantity or quality of industrial wastewater is unacceptable in the available treatment facility. (Ord. 440 § 1, 1995)

13.05.320 Discrepancies between actual and reported industrial wastewater discharge permit quantities.

Should measurements or other investigations reveal that the permittee is discharging a flow rate or a quantity of flow, chemical oxygen demand, or suspended solids significantly in excess of that stated on the permit or in excess of the quantities reported to the Director of Public Services by the permittee and upon which the sewer service charge is based, the permittee shall apply for an amended permit and shall be assessed for all delinquent charges together with penalty and interest. Before these charges shall be assessed at least two additional 24-hour samples and flow measurements shall be obtained by the Director of Public Services with all costs of sampling and analyses to be paid by the permittee.

For the purpose of establishing the correct sewer service charge, the data obtained in these samplings along with any other relevant information obtained by the Director of Public Services or presented by the permittee shall be used by the Director of Public Services in determining the quantity parameters for use in determining the sewer service charge. A permittee who violates this section shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter values over the preceding three years or since the Director of Public Services previous verification of quantity parameters, whichever period is shorter. (Ord. 440 § 1, 1995)

13.05.330 Records retention.

All permittees subject to this chapter shall retain and preserve for not less than three years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof relating to monitoring, sampling, and chemical analyses made by or on behalf of a permittee in connection with its discharge. All records which pertain to matters which are the subject of administrative action or any other enforcement or litigation activities brought by the City shall be retained and preserved by the permittee until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. (Ord. 440 § 1, 1995)

13.05.340 Validity.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remaining portions of the chapter and the application of such provisions to other persons or circumstances are to be considered valid. (Ord. 440 § 1, 1995)