Chapter 3.40
PRETREATMENT PROGRAM ADMINISTRATION
Sections:
3.40.010 Wastewater discharges.
3.40.020 Responsibility of users.
3.40.040 Wastewater discharge permit.
3.40.050 Reporting requirements.
3.40.070 Signatory requirements.
3.40.110 Confidential information.
3.40.010 Wastewater discharges.
It shall be unlawful to discharge any waste or wastewater to any WCW facility without a WCW permit except as is authorized by the provisions of this chapter. [Ord. 2023-003 § 8.010]
3.40.020 Responsibility of users.
A. It shall be the responsibility of the user to comply with all of the provisions of this pretreatment chapter. WCW’s acts or omissions will not relieve the user of responsibility to comply with the conditions of this chapter, including, but not limited to, such requirements regarding permitting, pretreatment, monitoring and reporting. It is the user’s responsibility to make determinations as to the nature of its operation and wastewater flow and to take such actions as may be required under this chapter prior to any discharge of wastewater, whether or not the user has been informed by WCW of the requirements which may apply to the user regarding its discharge.
B. All users must notify WCW of changes to be made to processes or methods of operation which may affect the nature of the discharge. This information shall be reported to, and be approved by WCW prior to the user’s initiation of the changes.
C. All industrial users who meet the definition of Class I, Class II, or Class III and who are currently connected or contribute to WCW’s facilities, or who propose to connect or contribute to WCW facilities, shall make application for a wastewater discharge permit. This application shall be made before connecting to or contributing to the POTW or within 90 days after the enactment of this chapter in the event the user is currently connected and not currently permitted. All existing industrial users connected to or contributing to WCW’s facilities and having a current wastewater discharge permit are required to obtain a new permit upon the expiration of their existing permit.
D. Class IV users may be required to receive a permit in order to connect to WCW facilities or to continue to discharge to WCW facilities. If WCW undertakes such a program to permit Class IV users, existing Class IV users will be required to apply for a permit within 90 days of notice to said users by personal service, mail or publication. Thereafter it shall be the responsibility of all Class IV users prior to connection to obtain a permit. [Ord. 2023-003 § 8.020]
3.40.030 Classes of users.
WCW will classify all users in accordance with the principal activity conducted on the premises where the discharge occurs. The purpose of the classification is to facilitate regulation of discharges to WCW facilities on the basis of each user’s waste quality, quantity and flow. The classification will further provide a means of imposing an appropriate level of oversight, control and enforcement according to the source of the discharge. The classification system will also allow equitable recovery of WCW capital and operating costs for the source control program. As set forth in WCWDC 3.05.120, Definitions, there are two categories of users; domestic users and nondomestic users. Nondomestic users are categorized as Class I, II, III, or IV.
All users are subject to the prohibitions set forth in this chapter, with such federal and state statutes and regulations as may apply, and the specific pollutant limitations as may be promulgated by the WCW board either by ordinance or resolution.
Domestic users under normal circumstances will not be required to apply for or receive a wastewater discharge permit as defined in this chapter; provided, that said domestic user discharges only that wastewater which is consistent with the definition of domestic wastewater set forth herein.
Nondomestic users may be subject to wastewater discharge permit requirements depending on the volume, characteristics, and origin of their wastewater discharge. Industrial users may be required to supply such information and data concerning their processes, including discharge samples, as may be necessary for WCW to determine whether such user should be designated as Class I, II, III or IV. Industrial users must, if requested, provide such other information regarding the nature of the entity, its operations, storage and use of chemicals, and storage and use of hazardous substances, as may be reasonably necessary to make such determination as to the classification of said user. WCW may also require information relating to potential for accidental discharges to a WCW facility of hazardous or prohibited substances. Such inquiries may include information regarding the current disposal procedures of the user with regard to chemicals and/or substances, which are not in the ordinary course of the user’s operations discharge to a WCW facility.
A. Class I. For the purpose of this chapter, any user subject to the national categorical pretreatment standards is a categorical industrial user (CIU), and will be designated a Class I user.
B. Class II. WCW may designate a nondomestic user who is not subject to a national categorical pretreatment standard, but may be considered a significant industrial user (SIU), to be a Class II user, based on whether the discharge of wastewater is equal to or greater than 25,000 gallons per average workday flow, or whether it has in its untreated wastewater pollutants which are in excess of any pretreatment standard, including any standard identified in this chapter or local limit set by resolution of the WCW board, or whether it may, in the opinion of WCW, have a significant impact, either singularly or in combination with other contributing industries, on WCW’s ability to meet the objectives of this chapter.
In addition, the designation of a nondomestic user as a Class II user may be based on the unusual character of the wastewater due to its volume, strength, composition, or its derivation from a hazardous waste or substance, or the potential variability in the character of the wastewater, or on the potential for increased administrative cost to WCW due to the unusual character of the waste. Any additional administrative costs to be considered may include increased potential for the administrative oversight by federal, state and local agencies as well as the potential for increased liability exposure and associated legal costs. WCW may also take into consideration difficulties in enforcement of this chapter under a wastewater discharge permit and the enforcement violation and compliance history of the user with WCW, as well as other regulatory agencies.
C. Class III. WCW may designate any nondomestic user, who is not designated as a Class I or Class II user, as a Class III user. Class III users may include nondomestic users who are not industrial nor commercial users and (1) have a reasonable potential to adversely affect WCW’s ability to meet the objectives of this chapter; or (2) generate hazardous waste, whether or not said waste is discharged into the sanitary sewer system, or if, in the determination of WCW, there is a potential for this waste to be discharged into the sewer, even through accident in nonprocess or process of handling of the waste; or (3) store or use hazardous materials, whether or not a hazardous waste is produced in an industrial or commercial process if, in the determination of WCW, a potential exists for significant impact upon WCW facilities due to a release of these materials into the environment.
Class III users may be individually designated by WCW based on the criteria set forth above, or on categorization of the user as a member of a particular business category. A Class III user designation may include, but is not limited to, landfill operations, landfill leachate, or ground water cleanup sites.
D. Class IV. Any nondomestic user, who is not designated as a Class I, Class II, or Class III user, may be designated as a Class IV user if the user (1) has a reasonable potential to adversely affect WCW’s ability to meet the objectives of this chapter; or (2) generates hazardous waste, whether or not said waste is, in the normal course of the industrial or commercial process, discharged into the sanitary sewer system, or if, in the determination of WCW, there is a potential for this waste to be discharged into the sewer, even through accident in nonprocess or process of handling of the waste; or (3) stores or uses hazardous materials, whether or not a hazardous waste is produced in the industrial or commercial process if, in the determination of WCW, a potential exists for significant impact upon WCW facilities due to a release of these materials into the environment.
Class IV users may be individually designated by WCW based on the criteria set forth above or on categorization of the user as a member of a particular business category. The Class IV user designation shall include, but is not limited to, the following business categories: analytical laboratories, clinical laboratories, dry cleaners, laundries, vehicle maintenance facilities, vehicle repair facilities, gasoline stations, printing shops, printing allied industries, photo processors, pesticide formulators, pesticide applicators, dental offices, dental laboratories and x-ray laboratories, and veterinary providers. [Ord. 2023-003 § 8.030]
3.40.040 Wastewater discharge permit.
A. Permit Application. All Class I and Class II users are required to obtain a wastewater discharge permit by completing and filing with WCW an application in the form prescribed by WCW. Class III and Class IV users may also be required to file an application. A permit fee, listed in Appendix B1, may be assessed at the time of the application. Existing Class I, Class II, Class III and Class IV users (except those with current permits) shall apply for a wastewater discharge permit within 90 days following the effective date of the ordinance codified in this chapter, and proposed new users shall apply at least 30 days prior to connecting to or contributing to WCW’s facilities. In support of the application, the user may be required to submit, in units and terms appropriate for evaluation, some or all of the following information:
1. Name and address of the operator or owner and location of the facility for which the permit application is being made.
2. SIC number(s) according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended, for all operations conducted at the facility.
3. A list of all environmental control permits and hazardous substance release response (spill) plans that are held by or for the facility.
4. Time(s) and duration of all process discharges.
5. Average daily and 15-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any. Flow rates shall be provided for each regulated process stream.
6. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation.
7. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged. A description of any and all existing or proposed wastewater pretreatment facilities. Construction drawings and design criteria shall also be submitted.
8. The nature and concentration of any pollutants in the discharge which are limited by WCW, state, or national pretreatment standards, or which are otherwise requested by WCW. Pollutant data shall be provided for each regulated process stream. In the case of an existing user, a statement regarding whether or not the 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 for the user to meet applicable pretreatment standards.
9. The nature and concentration of any pollutants in the discharge, which are limited by state or federal standards concerning the release or discharge of any hazardous substance or waste.
10. If additional pretreatment, housekeeping, process changes and/or operations will be required to meet the pretreatment standards; the shortest schedule by which the user shall provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established by the EPA, the state or WCW for the applicable standard.
The following conditions will apply to this schedule:
a. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
b. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the general manager including, at a minimum, whether or not the user complied with the increment of progress to be met on such date and, if not, the date on which the user expects to comply with the increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established.
11. Each product produced by type, amount, process or processes and rate of production.
12. Type and amount of raw materials processed (average and maximum per day).
13. Number, type and volume/amount of hazardous substances stored on the premises and a description of the method of storage and/or the containment device for such substance.
14. A description of the spill protection and emergency response procedures used or proposed to be used at the facility.
15. Waste minimization plans or audits.
16. Number and classification of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system.
17. A certification statement that the information presented in the permit application is true and accurate to the best of the responsible person’s knowledge.
18. Any other information as may be deemed by WCW to be necessary to evaluate the permit application.
B. Permit Application Evaluation. All new prospective industrial users shall arrange for a WCW representative to conduct a walk-through site inspection of the user’s facilities during the 90-day period prior to connecting to WCW’s facilities. New industrial users shall submit to WCW, within 90 days after commencement of discharge to WCW’s facilities, an analysis of said discharge delineating wastewater constituents and characteristics including, but not limited to, those mentioned in this chapter.
WCW will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, WCW may determine that no wastewater discharge permit is required, or WCW may determine that the user is either a Class I, Class II, Class III or Class IV user.
If WCW determines that the user is a Class I, Class II or Class III user, WCW will issue a wastewater discharge permit subject to the terms and conditions provided in this chapter. If WCW determines that the user is a Class IV user, WCW may issue a wastewater discharge permit subject to the terms and conditions provided in this chapter.
C. Permit Conditions. Permits may contain provisions, requirements and standards appropriate to carry out the objectives of this chapter, including but not limited to the following:
1. Limits on the average and maximum wastewater constituents and characteristics. These limits may be based on pollutant concentration and/or mass and may include prohibitions on discharge of said pollutants or best management practices based on applicable pretreatment standards.
2. Limits on average and maximum rate and time of discharge or requirements for flow regulation and/or equalization.
3. Requirements for installation and maintenance of sampling and flow metering facilities.
4. Requirements for monitoring programs which may include flow metering, sampling locations, methods of sampling, frequency of sampling, number, types and standards for tests and reporting schedule.
5. Compliance schedules.
6. Requirements for submission of technical reports or periodic compliance reports.
7. Requirements for maintaining and retaining, for a minimum of three years, plant records relating to wastewater discharge, hazardous waste manifests and chemical inventories as specified by the district.
8. Requirements for notification of WCW of any new introduction of pollutants or any change in plant processes or in the volume or character of the wastewater constituents being introduced into WCW facilities.
9. Requirements for notification of slug or accidental discharges, including discharge limit violations, or upset of the pretreatment facility and requirements to control slug discharges if determined by WCW to be necessary.
10. Requirements for providing WCW with design and construction plans and specifications of the wastewater pretreatment facility, whether proposed or in existence.
11. Requirements for providing WCW with plans and specifications of the discharger’s industrial or commercial operation and/or processes, including such other information as WCW may reasonably request that pertains to the industrial user’s operation.
12. Requirements for providing WCW with waste minimization audits/plans.
13. Requirements for notification of any planned alteration of the proposed or existing wastewater pretreatment system.
14. Requirements for the notification of WCW of planned alterations of the operations processes of the industrial user, which could result in an alteration of the user’s process discharge or the potential for an accidental spill or slug discharge.
15. Requirements prohibiting bypass of the wastewater pretreatment facility, unless bypass is essential for maintenance, or unavoidable to prevent loss of life, injury or severe property damage.
16. Requirement that the discharger notify WCW prior to any proposed bypass other than due to accident or emergency.
17. Requirements to have emergency spill plans on file with WCW.
18. Requirements to certify that the industrial user has not discharged through a WCW facility hazardous substances without a permit, which substances have been stored or used in the user’s process and which the user contends will not, in the ordinary course of the user’s operation, enter the sewer system.
19. Requirements for resampling following a discharge violation and the submittal of reports explaining the cause of the violation and the steps that have been or shall be taken to prevent a recurrence of the violation.
20. Requirements for providing access to WCW personnel at all reasonable times to conduct sampling and/or inspection of any and all processes which can contribute to waste stream, including the actual wastewater discharge.
21. Requirements for providing WCW with operation and maintenance records for the wastewater pretreatment facility, including periodic updates, as appropriate.
22. The prohibition of dilution as partial or complete substitute for adequate treatment to achieve compliance with permit conditions.
23. Signatory requirements specifying the responsible corporate officer for the industrial user.
24. Other conditions as deemed appropriate by WCW to ensure compliance with this chapter.
25. Technical provisions or requirements related to the wastewater pretreatment facility which, in the opinion of WCW, may be necessary to ensure the adequacy and reliability of the wastewater pretreatment system. These technical conditions may include conditions requiring continuous monitoring, training personnel, alarm systems, automated shutoff, flow-through monitoring, and/or provisions for discharges in batch amounts only subsequent to sample testing.
26. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadlines.
D. Duration of Permits. Permits will be issued for a specified time period, not to exceed three years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by WCW during the term of the permit as limitations or requirements, as identified in Chapter 3.30 WCWDC, are modified or other just cause exists. The user will 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 will include a reasonable time schedule for compliance.
E. Wastewater Discharge Permit. WCW will require Class I, Class II, and Class III users to have a wastewater discharge permit for connecting to or contributing wastewater to WCW facilities. Class IV users may also be required to obtain a wastewater discharge permit. The wastewater discharge permit will incorporate the provisions of this chapter by reference including all requirements and standards as may be set forth herein or promulgated by the WCW board by resolution. In addition, the permit may contain additional provisions, including, but not limited to, the following:
1. Provisions for liquidated damages for discharges in violation of the discharge prohibitions and limitations of this chapter and/or of such special prohibitions or limitations as may be set forth in the permit. These liquidated damages provisions may be proposed without regard to proof of pass-through, damage to the environment, or interference with WCW facilities or operations and may be assessed on a strict liability basis for violation of the noted provisions.
2. Requirements for providing proof of insurance, indemnification of WCW, and bonding in order to adequately protect WCW, in its judgment, from the potential of the increased exposure to liability due to the user’s discharge.
3. Provisions for revocation of the permit and wastewater sewer service for violation of this chapter or other wastewater permit condition(s).
4. Any and all other conditions as may be deemed appropriate by WCW to ensure compliance with all provisions of this chapter and the objectives set forth herein.
F. Permit Modifications. Within 90 days of promulgation of a national pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard. When a user, subject to a national pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by subsection (A) of this section, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the WCW general manager within 180 days after the promulgation of an applicable national pretreatment standard the information required by subsection (A) of this section.
If WCW determines that it is necessary in order to comply with the objectives of this chapter to impose more stringent limitations or requirements on discharges to WCW facilities than are set forth in an existing permit (for reasons other than issuance of a new national pretreatment standard), WCW has the right to require such reasonable modifications of an existing permit to incorporate such more stringent limitations or requirements. In the event such permit modification is required, the user will be provided with reasonable time to make such modifications to its processes or procedures as may be required to meet the more stringent limitations and requirements. After consultations with the user, a compliance schedule agreement will be issued which would set forth a reasonable schedule for the user to comply with the more stringent standards. If the permit modification will require construction or acquisition of equipment related to pretreatment, the compliance schedule agreement will provide for up to 180 days to comply; however, this period may be extended for a period not to exceed an additional 180 days upon determination by the WCW general manager that good cause exists for an additional period. To the extent that the user remains in compliance with the permit conditions in effect prior to amendment during the compliance period, the user shall not be liable pursuant to the terms of this chapter for noncompliance with the more stringent standards or requirements during the period of the compliance schedule agreement; provided, that the user is also complying with the terms of said compliance schedule agreement.
G. Permit Transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the prior approval of WCW. Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee provides a copy of the existing permit to the new owner or operator and gives at least 30 days’ advance notice to WCW and WCW approves the individual wastewater discharge permit transfer. The notice to WCW must include a written certification by the new owner or operator which:
1. States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;
2. Identifies the specific date on which the transfer is to occur; and
3. Acknowledges full responsibility for complying with the existing individual wastewater discharge permit. Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.
Nothing in this section shall be construed to prevent the application of the terms and conditions of this chapter, including enforcement penalties, from applying to a succeeding owner, successor in interest, or other as signs of an existing contract of permit holder. [Ord. 2023-003 § 8.040]
3.40.050 Reporting requirements.
A. Notification of Slug Discharge or Accidental Discharge or Accidental Spill. It is the responsibility of all users to immediately telephone and notify WCW of any slug discharge or accidental discharge or accidental spill. Notification shall include location of discharge, type of waste, concentration and volume and corrective actions.
1. Written Notice. Within five days following the accidental discharge, accidental spill, or slug discharge, the user shall submit to the general manager a detailed written report describing the cause of the incident and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to WCW facilities, fish kills, or any other damage to person or property; nor shall notification relieve the user of any fines, penalties, or other liability which may be imposed by this chapter or other applicable law.
2. Notice to Employees. Users who are employers shall permanently post a notice on their bulletin board or other prominent place advising employees of the user whom to call in the event of such a discharge. The user shall ensure that all employees who may cause or suffer such discharge to occur are advised of the emergency notification procedure.
B. Baseline Monitoring Report (BMR). All industrial users, subject to categorical pretreatment standards, shall submit to WCW a baseline monitoring report within 180 days of the effective date of a categorical pretreatment standard or 180 days after final decision on a category determination by the EPA or the state, whichever is later. The baseline monitoring report shall contain the information specified in 40 CFR 403.12(b), including a statement, reviewed by an authorized representative of the industrial user, and certified by a qualified professional indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet the pretreatment standards and requirements. The information required for application for a permit under WCWDC 3.40.040 and/or for modification of a permit under WCWDC 3.40.040(F) may fulfill the requirements of the baseline monitoring report. If, in submitting information to apply for or modify a permit, the user also intends to fulfill the requirements for the baseline monitoring report, the user shall so state.
C. Compliance Report. Within 90 days following the date for final compliance with applicable pretreatment standards and requirements or, in the case of a new user connection, following commencement of the introduction of wastewater into WCW facilities, any user subject to pretreatment standards and requirements shall submit to WCW, per 40 CFR 403.12(b), a report which includes the following information:
1. Name and address of facility, including the name of the operator and owners.
2. List of any environmental permits held by and for the facility.
3. Description of operations, including:
a. Nature of operations.
b. Average rate of production.
c. SIC code.
d. Diagram of discharge points to the sanitary system.
4. Flow measurement, in gallons per day.
5. Measurement of pollutants.
6. Certification statement signed by an authorized representative of the industrial user.
7. Compliance schedule, if additional pretreatment and/or actions that will be required to meet pretreatment standards.
Filing of this compliance report does not relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law or failure to meet the applicable pretreatment standards and requirements subsequent to the date for final compliance with such applicable standard.
D. Compliance Schedule Reports. Compliance schedule reports must include the following (40 CFR 403.12(c):
1. A schedule containing increments of progress leading to construction and operation of additional pretreatment required for compliance of categorical standards.
2. Increments of progress shall not be greater than nine months.
3. Progress report shall be submitted to WCW, not later than 14 days following the end date in the schedule, whether or not it complied with the increments of progress set forth in the schedule.
4. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
E. Periodic Compliance Reports.
1. Class I and II users and SIUs shall submit a report to WCW twice a year or more frequently as specified in the permit. Unless otherwise specified in the permit, reports for Class I and Class II industrial users are due on the thirtieth of July and January of each year. Class III users may be required to submit periodic compliance reports depending on the nature of their discharge. Periodic compliance reports shall be submitted within 45 days of collection of the wastewater samples. The compliance report shall contain such information as may be deemed by WCW to be necessary to ensure compliance with the provisions of this chapter. Compliance reports shall, at a minimum, contain the following:
a. The results of sampling and analysis showing the nature and concentration of pollutants which are limited by pretreatment standards or which are specified in the permit for each regulated stream.
b. A record of average and maximum daily flows for the reporting period for each regulated stream.
c. If a user subject to the reporting requirement in this section monitors any regulated pollutant since the previous report, at the appropriate sampling location, more frequently than required by its permit, using the procedures prescribed in this chapter, then the results of such monitoring shall be included in the current report.
d. Methods utilized by the user in collecting the wastewater sample for analysis, including but not limited to the sampling device(s) used, the sampling period, the amount of each sample collected, sample handling and preservation techniques used, and date of sample delivery to the laboratory for analysis.
e. For those CIUs subject to production-based pretreatment standards, the user’s actual average production rate for the reporting period.
f. In cases where the pretreatment standard requires compliance with a best management practice, the industrial user must submit documentation required by WCW or the pretreatment standard necessary to determine the compliance status of the user.
2. Resampling Requirement. In the event a sample from a periodic compliance report indicates that a constituent is in violation of the allowable concentration levels as set forth in the user’s permit, the user shall inform WCW within 24 hours of becoming aware of the violation, repeat the sampling and pollutant analysis for the parameter in violation, and submit in writing the results of this second analysis within 30 days of the discovery of the first violation. The initial sampling and analysis report shall be submitted within five days of discovering the violation, with a cover report setting forth the causes of the violation, the remedial actions taken to date in regard to the violation, and the scheduled additional actions which will be implemented to prevent a recurrence. Resampling by the industrial user is not required if WCW performs sampling at the user’s facility between the time when the initial sampling was conducted and the time when the user or WCW receives the results of the sampling, or if WCW has since performed the sampling and analysis in lieu of the user. If the initial violation is detected by WCW sample in lieu of the user, then WCW will also perform any repeat sampling and analysis.
3. WCW may also at any time require a signed statement by the user setting forth management practices and/or material usage practices which have an effect on the nature, volume and quality of the wastewater discharge and/or which potentially will affect the ability to comply with pretreatment standards and requirements.
4. WCW may impose mass limitations on users where the imposition of mass limitations are appropriate. In such cases, the report required under subsection (E)(1)(a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of all sampling and analysis of the discharge, including the flow, concentration and mass of pollutants regulated by the applicable pretreatment standard. The user shall provide the actual average production rate of the regulated processes during the reporting period.
F. Reports from Unpermitted Users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to WCW as WCW may require.
G. Notice of Violation/Repeat Sampling and Reporting. If sampling performed by a user indicates a violation, the user must notify WCW within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to WCW within 30 days after becoming aware of the violation. Resampling by the industrial user is not required if WCW performs sampling at the user’s facility at least once a month, or if WCW performs sampling at the user’s facility between the time when the initial sampling was conducted and the time when the user or WCW receives the results of this sampling, or if WCW has performed the sampling and analysis in lieu of the industrial user. [Ord. 2023-003 § 8.050]
3.40.060 Monitoring.
A. Monitoring Requirements. Any user may be required to provide wastewater samples and/or monitoring results or to submit to monitoring by WCW to assist WCW in establishing the appropriate class of the user and/or to evaluate compliance with the standards and requirements of this chapter. All wastewater samples must be representative of the user’s discharge.
1. Classification Sampling. All industrial users may be required to sample and analyze their discharge to determine the appropriate class of the user. Classification sampling shall be at WCW’s request. The number and type of samples and pollutants analyzed shall be as specified by WCW in order to adequately characterize the users’ discharge(s).
2. Baseline Sampling. All Class I, Class II and Class III users shall sample and analyze their discharge as part of a permit application or modification of a permit as specified in WCWDC 3.40.040(A) and (F). In addition, all users subject to categorical pretreatment standards who are required to submit baseline monitoring reports, as specified in WCWDC 3.40.050(B), shall sample and analyze their discharge in accordance with the requirements of 40 CFR 403.12(b). Samples shall be analyzed for constituents or characteristics including, but not limited to, those mentioned in Chapter 3.35 WCWDC and/or in applicable state or national pretreatment standards or as otherwise required by WCW.
3. Initial Compliance Sampling. All Class I, Class II and Class III users shall sample and analyze their discharge for the compliance report as specified in WCWDC 3.45.050. Samples shall be analyzed for those pollutants regulated in the applicable pretreatment standard or as otherwise required by WCW.
4. Periodic Compliance Sampling. All Class I, Class II and Class III users shall sample and analyze their discharge to evaluate compliance with the user’s permit. Periodic compliance monitoring shall be conducted at least twice each year unless specified more frequently in the user’s permit or in the applicable national pretreatment standard. Samples shall be analyzed for those pollutants regulated in the applicable pretreatment standard or as otherwise required by WCW.
5. Confirmation Sampling. Whenever sampling results indicate that the user’s discharge is in violation of any pretreatment standard, the user shall collect a second sample to assess the degree of violation. For the second sample, the user need only analyze for the pollutant(s) found to be in violation. The user shall provide WCW with the results from the confirmation sampling within 30 days of the date the violation was discovered.
6. Sampling and Evaluation Program. If confirmation sampling indicates a second violation, then WCW may initiate a sampling and evaluation program (SEP). The SEP will be conducted by WCW and may include collection of from three to five samples. The SEP will establish whether there is continued noncompliance by the user. Samples collected during the SEP may be analyzed for other pollutants in addition to the pollutant(s) in violation.
7. Other Compliance Sampling. All Class I, Class II and Class III industrial users may be required by WCW to conduct compliance sampling in addition to those described above. This could include, but is not limited to, sampling required by WCW in an enforcement compliance schedule agreement.
8. WCW Sampling. WCW may collect and analyze samples on its own or request the user to split samples to evaluate compliance with this chapter or the user’s permit. WCW also reserves the right to conduct all sampling and analysis for the user with all costs to be paid by the user. In the event that data obtained by WCW differs from data provided by the user, WCW’s data shall be presumed accurate unless and until the user provides substantial evidence otherwise. In the event that WCW performs the sampling, whether announced or unannounced, the user may request that WCW split its samples and provide one of the split samples for the user’s independent analysis.
B. Sampling Procedures. All sampling and testing undertaken for the purpose of compliance with the sampling and reporting requirements of this chapter shall be undertaken in the manner set forth herein. Except as otherwise provided in this section, each sample shall be a composite, discrete sample, which reflects the discharge of the user’s regulated waste stream(s) throughout the entire workday or 24-hour period. Composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by WCW. A minimum of four grab samples at a minimum frequency of at least every four hours must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds. Minimum frequency for composite samples shall be each hour. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by WCW as appropriate. Each regulated waste stream shall be sampled and analyzed separately unless the user’s permit allows for sampling and analyzing the combined waste streams.
The methods of obtaining the sample shall be specified by WCW in the user’s permit. As an alternative, a sampling program proposed by the user shall be submitted to WCW for review prior to initiating said program. WCW may state special sampling requirements as needed to ensure compliance with this chapter.
C. Sampling and Analytical Procedures. All samples shall be collected, preserved, and analyzed in accordance with the procedures pursuant to Section 304(h) of the Act and presented in 40 CFR Part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants) and amendments thereto or with any other test procedures approved by the EPA where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, or where the EPA determines that the 40 CFR Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by WCW or other parties, approved by the EPA. Unless approved otherwise by WCW, all analyses shall be performed by laboratories certified by the state for the specific pollutants and matrix to be analyzed.
D. Sampling Records. For each sampling event, the user shall record and maintain the following information:
1. The date, exact place, method, and time of sampling and the names of the person or persons taking the samples.
2. Sample preservation used.
3. The dates analyses were performed.
4. Chain of custody of sample.
5. Who performed the analyses.
6. The analytical techniques/methods used.
7. The results of such analyses.
E. Monitoring Facilities. WCW may require monitoring facilities, to be provided and operated at the user’s own expense, to allow inspection, sampling, and flow measurement of regulated discharge. The monitoring facility shall be accessible to WCW staff at all times and should normally be situated on the user’s premises, but WCW may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with WCW requirements and all applicable local construction standards and specifications. [Ord. 2023-003 § 8.060]
3.40.070 Signatory requirements.
A. All applications, reports or other information submitted to WCW must contain the following certification statement:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision and in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person(s) who manage the system, or those directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and imprisonment for knowing violations.
This statement shall be signed by an authorized representative of the industrial user as defined in 40 CFR 403.12(l) (1 – 4). BMRs and 90-day compliance reports shall also be certified by a qualified professional in accordance with 40 CFR 403.12(b)(6).
B. Annual Certification for Nonsignificant Categorical Industrial Users. A facility determined to be a nonsignificant categorical industrial user by WCW must annually submit the following certification statement. This certification must accompany an alternative report required by WCW:
Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR ____, I certify that, to the best of my knowledge and belief that during the period from __________, ________ to ________, ________ [months, days, year]: (a) The facility described as __________________ [facility name] met the definition of a Non-Significant Categorical Industrial user. (b) The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based on the following information.
[Ord. 2023-003 § 8.070]
3.40.080 Rights of entry.
WCW has the right of inspection of the facilities of any user to ascertain whether the objectives of this chapter are being met and all standards and requirements are being complied with. Persons or occupants of premises where wastewater is generated or discharged, or where hazardous substances or hazardous wastes are present, shall allow WCW or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, photographing, analysis, records examination, records copying or performance of any of their duties. WCW, or its authorized representative, accompanied by such other representatives of other public agencies as may be appropriate, shall have the right to set up on the user’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
Where a user has security measures in force which would require proper identification and clearance before entry onto their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from WCW, along with other authorized representatives, shall be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
Such inspection(s) will be made with the consent of the owner or possessor of such facilities or, if such consent is refused, with a warrant duly issued pursuant to the procedures set forth in Title 13 (commencing with Section 1822.5) of Part 3 of the Code of Civil Procedure; provided, however, that in the event of an emergency affecting public health or safety, such inspection may be made without consent or the issuance of a warrant. To the extent that the owner or possessor of the premises requires that a warrant be received, WCW may, in its discretion, suspend the permit and/or any other right to discharge to sanitary facilities immediately, and such suspension may continue until such time as a warrant has been received and the inspection has been completed. If no violations of this chapter, the WCW code or the permit, if applicable, are found, the suspension will be lifted. In the event that violations of this chapter, WCW code, or the permit, if applicable, are found, then the suspension may, in the discretion of WCW, be continued, or permit and/or right to discharge to WCW facilities terminated, or other enforcement remedies may be sought.
WCW may choose to inspect the facility to determine compliance with all standards set forth in this chapter, the WCW code and permit, if applicable, and additionally, such inspections may be undertaken to verify the wastewater flows and strengths reported by the discharger. [Ord. 2023-003 § 8.080]
3.40.090 Pretreatment.
Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all national pretreatment standards within the time limitations as specified by the federal regulations, or this chapter, or the permit, whichever is earliest. Any facilities required to pretreat wastewater to a level acceptable to WCW shall be provided, operated, and maintained at the user’s expense. Users shall submit detailed plans showing the pretreatment facilities and operating procedures to WCW for review, which must be approved by WCW before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to WCW 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 WCW prior to the user’s initiation of the changes. [Ord. 2023-003 § 8.090]
3.40.100 Records retention.
Users shall make all records relating to compliance with pretreatment requirements and standards available to officials of the EPA, state, and WCW, or their authorized representatives. Such records shall include for all samples: (1) the date, exact place, method, and time of sampling and the names of the person or persons taking the samples; (2) the dates analyses were performed; (3) who performed the analyses; (4) the analytical techniques/methods used; (5) the results of such analyses; and (6) all documentation associated with best management practices pursuant to WCWDC 3.40.050. These records shall be retained for a minimum of three years, or longer in the case of unresolved litigation, enforcement action, or when requested by the district, state or the EPA. [Ord. 2023-003 § 8.100]
3.40.110 Confidential information.
Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs, and from inspections will be available to the public or other governmental agency without notification unless the user specifically requests confidentiality and is able to demonstrate to the satisfaction of WCW that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
When requested by a user furnishing information to WCW, the portions of that information which might disclose trade secrets or secret processes will not be made available for inspection by the public but will be made available upon written request to other governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) and/or the source control program. Those portions of the information will also be available for use by the state or any state agency in judicial review or enforcement proceedings involving the user furnishing the information. Wastewater constituents and characteristics will not be recognized as confidential information.
Information and data requested from a user which the user believes to be proprietary and the release of which to the public would substantially impair the operations of the user, may alternatively be provided to WCW for its review at the facility of the user rather than provided to WCW for its keeping, at the discretion of WCW. The burden will be on the user to demonstrate to the satisfaction of WCW that such information is proprietary and that this alternative procedure is necessary or appropriate and will not prevent WCW from properly carrying out the objectives of this chapter.
Information accepted by WCW, which is demonstrated to be confidential, will not be transmitted to anyone other than a governmental agency without prior notification to the user. [Ord. 2023-003 § 8.110]
3.40.120 Hauled wastewater.
Septic tank waste, portable toilet waste and RV waste may be introduced into the POTW only at locations designated by WCW, and at such times as are established by WCW. Such waste shall not violate this chapter or any other requirements established by WCW. WCW may require septic tank waste haulers and portable toilet waste haulers to obtain individual wastewater discharge permits. [Ord. 2023-003 § 8.120]
The appendix referenced herein is available at the district office for review.