All sewage, waste and wastewater shall be discharged to city sanitary sewers except as hereinafter provided.
(Ord. 2490-94 § 1)
Note: Prior ordinance history: Ord. 2129-84.
Users shall provide wastewater treatment as necessary to comply with this title and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 12.12.020 of this chapter within the time limitations specified by EPA, the state, or the director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the director for review, and shall be acceptable to the director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this title.
(Ord. 2490-94 § 1; Ord. 2896-09 § 5)
(a)
General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.
(b)
Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following:
(1)
Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than one hundred forty degrees F (sixty degrees C) using the test methods specified in 40 CFR 261.21;
(2)
Wastewater having a pH less than 6.0 or greater than 10.5, or otherwise causing corrosive structural damage to the POTW;
(3)
Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference with the POTW;
(4)
Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
(5)
Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
(6)
Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the city's NPDES permit;
(7)
Trucked or hauled pollutants, except at discharge points designated by the director in accordance with Section 12.12.110 of this chapter;
(8)
Pollutants, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
(9)
Wastewater having a temperature greater than one hundred forty degrees F (sixty degrees C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees F (forty degrees C);
(10)
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;
(11)
Sludges, screenings, or other residues from the pretreatment of industrial wastes;
(12)
Medical wastes, except as specifically authorized by the director in an individual wastewater discharge permit;
(13)
Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;
(14)
Hazardous waste(s) as defined in Chapter 8.16.020.
(Ord. 2490-94 § 1; Ord. 2896-09 § 7)
It is unlawful for any person to dispose of any FOG, or cause any FOG to be disposed, by discharge into any drainage piping, by discharge into any POTW or private sanitary sewer, by discharge into any storm drainage system, or by discharge to any land, street, public way, river, stream or other waterway. No user shall discharge or cause to be discharged into the sewer system FOG that accumulates and/or causes or contributes to blockages in the POTW or at the sewer system lateral, which connects the user to the POTW.
(Ord. 2661-01 § 3; Ord. 2896-09 § 8)
(a)
Grease Removal Device (GRD) Required. All food service establishments (FSEs), and any user with one or more FOG generating activities, shall install, operate and maintain a GRD of a type, design, and capacity approved by the city. GRD sizing and installation shall conform to the Plumbing Code for the city. GRDs, or similar treatment devices, shall be required of commercial car washes, commercial trash enclosures, or other commercial and industrial facilities when deemed necessary by the director.
(b)
Maintenance and Use. All GRDs shall be kept in good repair, and shall be maintained in continuous operation. The contents of all GRDs shall be removed periodically as needed to prevent violations of this chapter, or at a minimum frequency of every six months. If it is determined by the city that mainline flow restriction, e.g., a grease blockage or an obstruction, has resulted from the inadequate cleaning or maintenance of a user's GRD, or if in the opinion of the city a need for increased GRD maintenance frequency exists, the city, at its discretion, may require of a user a minimum routine cleaning frequency of less than every six months.
(1)
Grease Interceptor Requirements. Grease interceptors shall be maintained in efficient operating condition by periodic removal of the full content of the interceptor at a minimum frequency of every six months.
(2)
Grease Trap Requirements.
(i)
Grease traps shall be maintained in efficient operating condition by periodic removal of the full contents of the grease trap, or at a minimum frequency of every six months. No such collected FOG shall be introduced into any drainage piping, or public or private sewer.
(ii)
No food waste disposal unit or dishwasher shall be connected to or discharge into a grease trap.
(iii)
Wastewater in excess of one hundred-forty degrees F shall not be discharged into a grease trap.
(c)
Record Keeping. All maintenance activities, including FOG removal, shall be documented and records retained at the facility showing the date of removal, the approximate amount removed and the disposition of the removed contents. Maintenance records shall be retained for a period of three years, and shall be available for inspection by the director.
(d)
The city reserves the right to require repairs to, or replacement of, any GRD at the user's expense, if in the opinion of the director such repairs, or replacement, are necessary to prevent violations of this chapter. The city will provide the user written notification of the requirement which will include a compliance timeline.
(Ord. 2661-01 § 4; Ord. 2896-09 § 9)
(a)
Grease interceptors required under Section 12.12.026 shall be installed unless the city authorized the installation of a grease trap or other alternative GRD after determining that the installation of a grease interceptor would not be feasible due to space constraints or other considerations. The facility bears the burden of demonstrating that the installation of a grease interceptor is not feasible and that the variance will not lead to violations of this title. Any FSE granted a variance from a grease interceptor requirement shall implement best management practices per Section 12.12.028 such that an equivalent level of treatment is achieved.
(b)
A FSE may request a change in the maintenance frequency specified in Section 12.12.026(b)(1). The FSE has the burden of responsibility to demonstrate that the requested change in frequency reflects actual operating conditions based on the average FOG accumulation over time and meets the requirements of Section 12.12.026(b).
(c)
Any user seeking a variance pursuant to Section 12.12.027 (a) or (b) shall submit an appeal in accordance with Section 12.18.080 that addresses the following:
(1)
Facility name, address, facility manager's name and property owner;
(2)
The reason for the appeal to the requirement for the maintenance or installation of a grease interceptor;
(3)
Explaining your grease generating activities. Provide information regarding the use of fats, oil, and grease in the food/food preparation. For example, sources of fats, oils and grease would be from meat products, dairy products, cooking oil, butter and lard;
(4)
The spatial constraints, if any, affecting the grease removal device installation, including the site layout of the kitchen, building, the surrounding buildings and relevant features (parking lots, sidewalks, kitchen equipment, sinks, etc.). Additionally, utility supply lines, utility mains (electrical, gas, water, sanitary and storm sewers), and city setbacks where no installation would be allowed must be identified to scale in the submittal;
(5)
The distance from each feasible area for installation;
(6)
Costs of moving existing utilities (normal grease removal device installation costs are not to be considered);
(7)
Contacts for verifying information provided by other departments, utilities, and agencies;
(8)
Sizing calculations based on the 2007 Uniform Plumbing Code;
(9)
Documentation of best management practices that shall be implemented in lieu of treatment; and
(10)
Any other additional information that may benefit the appeals process.
(Ord. 2896-09 § 10)
All FSEs shall implement best management practices identified by the director as appropriate to minimize the discharge of FOG to the POTW.
(Ord. 2896-09 § 10)
(a)
Whenever deemed necessary, the director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific points of connection to the POTW, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the User's compliance with the requirements of this title.
(b)
The director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization.
(c)
Grease, oil, and sand interceptors shall be provided when, in the opinion of the director, they are necessary for the proper handling of wastewater containing excessive amounts of grease, oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the director, and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired by the user at their expense.
(d)
Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(Ord. 2490-94 § 1; Ord. 2896-09 § 11)
Stormwater, groundwater, rainwater, street drainage, subsurface drainage or yard drainage shall not be discharged through direct or indirect connections to a sanitary sewer unless granted written approval by the director. The director may approve the discharge of such water only when no reasonable alternative method of disposal of such water is available. If approval is granted for the discharge of such water into a sanitary sewer, the user shall pay the applicable user charges and fees and meet such other conditions as may be required by the city.
(Ord. 2490-94 § 1)
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(Ord. 2490-94 § 1; Ord. 2896-09 § 13)
Waste from garbage grinders shall not be discharged into a city sanitary sewer except:
(a)
Wastes generated in preparation of food in a residence; or
(b)
Where the user has an existing garbage grinder and has an approval for that specific use from the city, and agrees to undertake whatever self-monitoring is required to enable the city to equitably determine the charges and fees based on the waste constituents and characteristics. Such grinders must be repaired or replaced as necessary in order to at all times ensure that the waste is shredded to a degree that all particles will be carried freely under normal flow conditions prevailing in the city sanitary sewer. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, garden refuse, or waste products resulting from the handling, storage and sale of fruits and vegetables in wholesale and retail produce establishments, and wastes from plants engaged in the preparation, processing or preserving of foods not intended primarily for immediate consumption; and
(c)
At any time the property or business changes ownership, excluding residential property, any existing garbage grinders installed on the property must be removed and no new garbage grinders may be installed as a condition of continued sanitary sewer service to the property.
(Ord. 2490-94 § 1)
It is unlawful to discharge any substances directly into a manhole or other opening in the sewerage system other than through an approved building sewer.
(Ord. 2490-94 § 1)
(a)
Holding tank waste may be introduced into the POTW only at locations designated by the director, and at such times as are established by the director. Such waste shall not violate Section 12.12.120 of this chapter or any other requirements established by the city. The director may require waste haulers to obtain individual wastewater discharge permits.
(b)
The director may require haulers of industrial waste to obtain wastewater discharge permits. The director may require generators of hauled industrial waste to obtain wastewater discharge permits. The director also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this title.
(c)
Industrial waste haulers may discharge loads only at locations designated by the director. No load may be discharged without prior consent of the director. The director may collect samples and perform wastewater analysis of each hauled load to ensure compliance with applicable local limits for discharge in Section 12.12.120 and this chapter. The director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.
(d)
Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
(Ord. 2490-94 § 1; Ord. 2896-09 § 15)
(a)
It is unlawful to discharge, dispose of, or add to the POTW system or to the storm drain system any substance containing copper greater than five percent copper by weight, to control roots or for any other purpose.
(b)
It is unlawful to use any copper-based products in cooling towers, for the purpose of a biocide.
(Ord. 2490-94 § 1; Ord. 2896-09 § 16)
Samples collected to satisfy reporting requirements must be obtained through appropriate sampling and analysis performed during the reporting period and be representative of conditions occurring during the reporting period.
(a)
Except as indicated in subsections (b) and (c) of this section, the user must collect wastewater samples using twenty-four-hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the director. Where time proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-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 the city, as appropriate.
(b)
Grab samples shall be collected for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds.
(c)
For sampling required in support of baseline monitoring and ninety-day compliance reports required in Section 12.12.150, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the director may authorize a lower minimum. For periodic compliance reports required in Section 12.12.150, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(Ord. 2490-94 § 1; Ord. 2896-09 § 17)
(b)
The director may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement local limits and the prohibitions on discharge in Section 12.12.020.
(c)
The following pollutant limits are established to protect against pass through and interference. No person shall discharge to the POTW wastewater containing in excess of the following:
Pollutant | Maximum Concentration Grab Sample (milligrams per Liter) | Maximum Concentration Composite Sample (milligrams per Liter) |
|---|---|---|
Copper | 0.7 mg/l | 0.5 mg/l |
Nickel | 0.5 mg/l | 0.25 mg/l |
Pollutant | Maximum Concentration Allowable1 (milligrams per Liter) |
|---|---|
Antimony | 1.0 mg/l |
Arsenic | 0.3 mg/l |
Barium | 1.0 mg/l |
Beryllium | 0.5 mg/l |
Cadmium | 0.1 mg/l |
Chlorinated hydrocarbons used for control of plants, insects, etc. | 0.02 mg/l |
Chromium, total | 1.7 mg/l |
Cobalt | 1.0 mg/l |
Cyanides | 0.5 mg/l |
Lead | 0.5 mg/l |
Mercury | 0.01 mg/l |
Fats, oils and grease (total) | 300 mg/l |
pH | 6.0 to 10.5 su |
Selenium | 1.0 mg/l |
Silver | 0.2 mg/l |
Total toxic organics2 | 1.0 mg/l |
Zinc | 1.48 mg/l |
Notes: | |
|---|---|
1 | Applicable to samples collected as either grab or composite. All concentrations for metallic substances are for total metal. |
2 | Total toxic organics, as defined under 40 CFR Part 413.02(i), but excluding phenolic compounds. |
(d)
Compliance with the TTO limit is verified by monitoring, if deemed necessary by the director, by analyzing only for those pollutants that the director has determined may reasonably expected to be present.
(e)
Effluent limitations promulgated as categorical standards, 40 CFR Chapter 1, Subchapter N and 40 CFR 403.6 shall apply in any instance where they are more stringent than those in this chapter. The local limits in this chapter may be supplemented with more stringent limitations pursuant to Section 12.12.200 if the director determines that the limitations in subsection (a), (b) or (c) of this section may not be sufficient to protect the operation of the sewerage system or to enable the water pollution control plant to comply with water quality standards or effluent limitations specified in the city's NPDES permit.
(Ord. 2490-94 § 1; Ord. 2661-01 § 5; Ord. 2896-09 § 18; Ord. 3179-21 § 1)
When charges and fees are based upon the water usage such charges and fees shall be applied against the total amount of water used from all sources unless, in the opinion of the director, significant portions of water received are not discharged to a city sanitary sewer. The total amount of water used from public and private sources will be determined by means of public meters or private meters, installed and maintained at the expense of the user and approved by the city.
(Ord. 2490-94 § 1)
When charges and fees are based upon water usage and when, in the opinion of the director, a significant portion of the water received from any metered source does not flow into the city sanitary sewer because of the principal activity of the user or removal by other means, the user charges and fees will be applied against the volume of water discharged from such premises into the city sanitary sewer. Written notification and proof of the diversion of water must be provided by the user and approved by the city if the user is to avoid the application of the charges and fees against the total amount of water used from all sources. The user may install a meter of a type and at a location approved by the city and at the user's expense. Such meters shall measure either the amount of wastewater discharged or the amount of water diverted. Such meters shall be maintained and calibrated at the expense of the user and be tested for accuracy by a qualified technician at the expense of the user. The director may establish the frequency of calibration of such meters and may require reporting the results of such calibration. For users who, in the opinion of the director, divert a significant portion of their flow from a sanitary sewer, the charges and fees may be based upon measurement of the flow and volume to be discharged prepared by the user and approved by the city, provided the user obtains a wastewater discharge permit and pays the applicable charges and fees. The measurement must include the method, calculations and type of equipment used to determine the wastewater volume.
(Ord. 2490-94 § 1; Ord. 2661-01 § 6)
(a)
Baseline Monitoring Reports.
(1)
Within either one hundred eighty days after the effective date of a categorical pretreatment standard, or the EPA final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the director a report which contains the information listed in subsection 2 of this section. At least ninety days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the director a report which contains the information listed in subsection 2 of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information set forth below:
(i)
All information required in Section 12.12.160(a)(1), (a)(3), (a)(4), and (a)(11);
(ii)
Measurement of pollutants:
(A)
The user shall provide the information required in Section 12.12.160(a)(13)(i) through (iv),
(B)
The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph,
(C)
Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the city,
(E)
The director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures,
(F)
The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant Discharges to the POTW.
(3)
Compliance Certification. A statement, reviewed by the user's authorized representative as defined in Section 12.04.030(1) 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 to meet the pretreatment standards and requirements.
(4)
Compliance Schedule. If additional pretreatment and/or operations and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or operations and maintenance must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 12.12.150(b) of this chapter.
(5)
Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 12.12.310 of this chapter and signed by an authorized representative as defined in Section 12.04.030(1).
(b)
Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by Section 12.12.150(a)(4) of this chapter:
(1)
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(2)
No increment referred to above shall exceed nine months;
(3)
The user shall submit a progress report to the director no later than fourteen days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
(4)
In no event shall more than nine months elapse between such progress reports to the director.
(c)
Reports on Compliance with Categorical Pretreatment Standard Deadline. Within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the director a report containing the information described in Section 12.12.160(a)(12) and (14) and 12.12.150(a)(2)(ii) of this chapter. All compliance reports must be signed and certified in accordance with Section 12.12.310 of this chapter. All sampling will be done in conformance with Section 12.12.118.
(d)
Periodic Compliance Reports.
(1)
Except as specified in subsection 2 of this section, all significant industrial users must, at a frequency determined by the director submit no less than twice per year on dates specified reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (bmp) or pollution prevention alternative, the user must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the user.
(2)
The director may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This waiver is subject to the following conditions:
(i)
The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
(ii)
The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Section 12.12.160(a)(14).
(iii)
In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
(iv)
The request for a monitoring waiver must be signed in accordance with Section 12.04.030(1), and include the certification statement in Section 12.12.310(a).
(v)
Nondetectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
(vi)
Any grant of the monitoring waiver by the director must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the director for three years after expiration of the waiver.
(vii)
Upon approval of the monitoring waiver and revision of the user's permit by the director, the industrial user must certify on each report with the statement in Section 12.12.310(b), that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.
(viii)
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of Section 12.12.150(d)(1), or other more frequent monitoring requirements imposed by the director, and notify the director.
(ix)
This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
(3)
All periodic compliance reports must be signed and certified in accordance with Section 12.12.310 of this chapter.
(4)
All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(5)
If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the director, using the procedures prescribed in Section 12.12.118 of this chapter, the results of this monitoring shall be included in the report.
(e)
Monitoring and Analysis to Demonstrate Continued Compliance. The reports required in subsections (a), (b), (c), and (d) of this section shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the POTW, of pollutants contained therein which are limited by the applicable pretreatment standards. This sampling and analysis may be performed by the POTW in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under subsections (a)(5) and (c) of this section. In addition, where the POTW itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.
(f)
Reports from Unpermitted Users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the director as the director may require.
(Ord. 2490-94 § 1; Ord. 2896-09 § 19)
(a)
If sampling performed by a user indicates a violation, the user must notify the director within twenty four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis of the process wastewater at the same point of discharge and submit the results of the repeat analysis to the director within thirty days after becoming aware of the violation.
(b)
If the city performed the sampling and analysis in lieu of the industrial user, the city will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis. Resampling and analysis for the pollutant in violation by the industrial user is not required if:
(1)
The city performs sampling at the user's facility at least once a month at the same point of discharge; or
(2)
If the city performs sampling of the same process wastewater between the time when the initial sampling was conducted and the time when the user or the city receives the results of the sampling; or
(3)
If the city has performed the sampling and analysis in lieu of the industrial user.
(Ord. 2896-09 § 20)
(a)
All users required to obtain an individual wastewater discharge permit must submit a permit application. The director may require users to submit all or some of the following information as part of a permit application.
(1)
Name and address of the facility, including the name of the operator and owner;
(2)
Contact information, description of activities, facilities, and plant production processes on the premises;
(3)
A list of any environmental control permits held by or for the facility;
(4)
A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes;
(5)
Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
(6)
Number and type of employees, and hours of operation, and proposed or actual hours of operation;
(7)
Type and amount of raw materials processed (average and maximum per day);
(8)
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains, and appurtenances by size, location and elevation, and all points of discharge;
(9)
Time and duration of discharge;
(10)
The location for monitoring all wastes covered by the permit;
(11)
Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in Section 12.12.014(a);
(12)
Wastewater constituents and characteristics including, but not limited to, those listed in Section 12.12.120(c), as determined by a laboratory certified by the California Department of Public Health, Environmental Laboratory Accreditation Program;
(13)
Measurement of Pollutants.
(i)
The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources,
(ii)
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the director, of regulated pollutants in the discharge from each regulated process,
(iii)
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 12.12.254 of this chapter. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the director or the applicable standards to determine compliance with the standard,
(14)
Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on Section 12.12.150(d)(2);
(15)
Any other information as may be deemed by the director to be necessary to evaluate the permit application.
(b)
The city will evaluate the data furnished by the user and may require additional information. After evaluation and approval of all the data required, the director may issue a wastewater discharge permit, which may be subject to specific terms or conditions provided therein. The director may deny any application for a wastewater discharge permit. The holder of any permit issued hereunder shall be subject at all times to all applicable federal, state, and local laws and regulations. At no time and in no way, shall the holder of any permit acquire, or be regarded as having acquired, a vested or continuing right to maintain, or to have continued, any connection to the city POTW.
(Ord. 2490-94 § 1; Ord. 2896-09 § 21; Ord. 2952-11 § 2)
(a)
All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in Section 12.12.310.
(b)
If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the director prior to or together with any reports to be signed by an authorized representative.
(Ord. 2896-09 § 22)
At the director's discretion, and where user can submit and follow a satisfactory schedule to bring its discharge of constituents and characteristics listed under Section 12.12.120 herein into full compliance with this chapter within a reasonable period of time, and where existing discharge is not such as to provide a threat to the public health and/or to the sewerage system, the director may, upon application by user, issue an interim wastewater discharge permit, upon such conditions as the director deems appropriate. Such interim wastewater discharge permit may be issued for a period not to exceed six months, and may not be renewed for more than up to one additional six-month period.
(Ord. 2490-94 § 1)
(a)
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the director, except that a significant industrial user that has filed a timely application pursuant to Section 12.12.185 of this chapter may continue to discharge for the time period specified therein.
(b)
The director may require other users to obtain a wastewater discharge permit as necessary to carry out the purpose of this chapter.
(c)
The holders of any permit issued hereunder shall be subject at all times to all applicable federal, state and local laws and regulations. At no time and in no way, shall the holder of any permit acquire, or be regarded as having acquired, a vested or continuing right to maintain, or to have continued, any connection to the city POTW.
(d)
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Sections 12.18.010 through 12.18.140 of this title. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
(Ord. 2490-94 § 1; Ord. 2661-01 § 7; Ord. 2896-09 § 23)
Any user required to obtain a wastewater discharger permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall be subject to any provisions contained in a permit periodically issued by the director for the time specified in the permit.
(Ord. 2896-09 § 24)
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 12.12.160 of this chapter, must be filed at least ninety days prior to the date upon which any discharge will begin or recommence.
(Ord. 2869-09 § 24)
Each user must notify the director of any significant changes to the user's operations or system which might alter the nature, quality, or quantity of the discharge at least thirty days before the change, or upon change in ownership of the property served, business ownership, activity or process.
(Ord. 2490-94 § 1; Ord. 2896-09 § 25)
Wastewater discharge permits shall be expressly subject to all provisions of Chapters 12.04 through 12.18 and all other regulations, user charges and fees established by the city. The conditions of wastewater discharge permits shall be uniformly enforced by the director in accordance with Chapters 12.04 through 12.18 and applicable state and federal regulations. An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
(a)
Wastewater discharge permits must contain:
(1)
A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;
(2)
A statement that the wastewater discharge permit is nontransferable in accordance with Section 12.12.230;
(3)
Effluent limits, including best management practices, based on applicable pretreatment standards;
(4)
Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;
(5)
A statement of applicable civil and criminal penalties for violation of the pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law;
(6)
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 12.12.150(d)(2). Any grant of the monitoring waiver by the director must be included as a condition in the user's permit, including the certification requirements of Section 12.12.310(b);
(7)
Requirements to control slug discharge, if determined by the director to be necessary;
(b)
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(1)
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(2)
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
(3)
Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
(4)
Compliance time schedules or various schedules to complete required activities;
(5)
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(6)
Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
(7)
A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the individual wastewater discharge permit; and
(Ord. 2490-94 § 1; Ord. 2896-09 § 26)
Wastewater discharge permits shall be issued for a specified time period not to exceed three years. The terms and conditions of the permit may be subject to modification and change by the director during the life of the permit as limitations or requirements as identified in Chapters 12.04 through 12.18 are modified and changed. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(Ord. 2490-94 § 1)
Wastewater discharge permits must be renewed by the user upon expiration unless extended by the director for a period not to exceed ninety days. Application for a permit renewal must be submitted at least sixty days prior to expiration of the existing permit. The director may require a facility inspection and submittal of a new application. After evaluation and approval, the director may issue a new wastewater discharge permit.
(Ord. 2490-94 § 1; Ord. 2896-09 § 27)
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.
(Ord. 2490-94 § 1)
If at any time the facility for which a permit is issued is sold to another party, the new users shall apply for a wastewater discharge permit within thirty working days of taking possession of the facility. The conditions of the existing permit shall prevail until the director issues a valid permit.
(Ord. 2896-09 § 28)
Where self-monitoring is required, such monitoring shall be provided by the user at user's expense, using a laboratory approved to perform the required analyses by the State Department of Health Services; however, the user's laboratory where available may be used if approved by the director.
(Ord. 2490-94 § 1)
The owner of every commercial or industrial building, or portion thereof, for which a building permit application is submitted on or after July 1, 2001, shall cause such building to be constructed so that industrial waste is segregated, by means of separate plumbing, from domestic waste prior to converging with other waste streams in the sanitary sewer collection system. This section shall apply to newly constructed buildings, building additions that require plumbing for industrial waste, and remodeling of existing buildings to accommodate expansion of or change to a use that requires plumbing of industrial wastes.
(Ord. 2661-01 § 8)
(a)
The director may require the user to construct, at the users own expense, monitoring facilities to allow inspection, sampling, and flow measurement of specific water supply points, the building sewer, or internal drainage systems and may also require sampling or metering equipment to be provided, installed, operated, and maintained at the user's expense. Unless otherwise approved by the director, domestic and industrial wastes shall be kept completely separated upstream of such sampling or monitoring facilities in any new or remodeled building or facility that produces industrial wastes. The director may approve sampling points or monitoring facilities that will permit the combined sampling and measuring of industrial and domestic wastes only for facilities for which a building permit application has been submitted on or before July 1, 2001 unless such approval interferes with the application of local or categorical effluent limits as a result of dilution.
(b)
The monitoring facility should be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
(c)
If the monitoring facility is inside the user's fence, there shall be accommodations to allow access for city personnel. There shall be ample room in or near such monitoring facilities to allow accurate sampling. The monitoring facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
(d)
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable construction standards and specifications. Construction shall be completed within ninety days following written notification by the director that such monitoring facilities are required, unless a time extension is granted by the director.
(e)
In the event that a monitoring facility is allowed to be constructed in the public street or sidewalk area, the user shall obtain an encroachment permit pursuant to the provisions of Chapter 13.08 of this code.
(f)
In the event that the installation of a monitoring facility is not practical, the point of inspection may be other alternatives acceptable to the director.
(Ord. 2490-94 § 1; Ord. 2661-01 § 4)
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or any report required by this chapter shall be:
(a)
Performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the director or other parties approved by EPA.
(b)
Analyzed by a laboratory that is accredited by the California Department of Public Health, Environmental Laboratory Accreditation Program for the pollutants being tested or another laboratory as approved by the director.
(Ord. 2490-94 § 1; Ord. 2896-09 § 29)
The director shall have the right to enter premises of any user to determine whether the user is complying will all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(a)
The director shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
(b)
Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security staff so that upon presentation of suitable identification, the director shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(c)
The director may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated as necessary to ensure their accuracy.
(d)
The director may inspect and copy records or reports located at a facility of any user to confirm information submitted in the wastewater discharge permit application or other reports. The inspection of records or reports may include, but need not be limited to, material safety data sheets, solid waste or hazardous waste disposal records, monitoring equipment repair or service records, chemical or material purchase or inventory records, or other records containing information related to the generation of waste or wastewater, or constituents and characteristics in the wastewater discharge.
(e)
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the director and shall not be replaced. The costs of clearing such access shall be borne by the user.
(f)
Unreasonable delays in allowing the director access to the user's premises shall be a violation of this chapter.
(Ord. 2490-94 § 1; Ord. 2896-09 § 30)
The director may require submission of information to evaluate the implementation and/or require the implementation of best management practices (BMPs).
(Ord. 2490-94 § 1)
No statement contained in Chapters 12.04 through 12.18 shall be construed as prohibiting any special agreements or arrangements not otherwise prohibited by local, state or federal law between city and any user or potential user whereby any wastewater or waste of unusual strength or character or composition may be accepted by the city for treatment. Such agreements may be allowed, and in the event that any such special agreement or arrangement shall involve additional or extraordinary expense to the city, such user will be required to reimburse the city therefor, and in that connection, to post with the city such bond or other guarantee as shall be acceptable to the city.
(Ord. 2490-94 § 1; Ord. 2896-09 § 32)
The director shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The director may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the director may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
(a)
Description of discharge practices, including nonroutine batch discharges;
(b)
Description of stored chemicals;
(d)
Procedures to prevent adverse impact from accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage area, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(Ord. 2490-94 § 1; Ord. 2896-09 § 33)
(a)
In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions, the user shall immediately contact and notify the director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(b)
Within five days following such discharge, the user shall, unless waived by the director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this ordinance.
(c)
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to contact in the event of a discharge described in subsection (a) of this section. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
(d)
Significant industrial users are required to notify the director immediately of any changes at its facility affecting the potential for a slug discharge.
(e)
Hazardous waste discharge is prohibited, however, unauthorized discharges are subject to the following provisions:
(1)
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve months. All notifications must take place no later than one hundred and eighty days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted according to Section 12.12.190 of this chapter. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Section 12.12.150 of this chapter.
(2)
In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the director, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within ninety days of the effective date of such regulations.
(3)
In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(4)
This provision does not create a right to discharge any substance otherwise prohibited to be discharged by this ordinance, a permit issued thereunder, or any applicable federal or state law.
(Ord. 2490-94 § 1; Ord. 2896-09 § 34; Ord. 2952-11 § 3)
(a)
Certification of Permit Applications and User Reports. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 12.12.165; users submitting baseline monitoring reports under Section 12.12.150(a)(5); users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 12.12.150(c); and users submitting periodic compliance reports required by Section 12.12.150(d)(1) through (4). The following certification statement must be signed by an authorized representative as defined in Section 12.04.030(1):
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(b)
Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on Section 12.12.150(d) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user
Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR _____[specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____[list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under section 12.12.150(d)(1).
(Ord. 2490-94 § 1; Ord. 2896-09 § 35)
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the director's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.
(Ord. 2490-94 § 1; Ord. 2896-09 § 36)
Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under Section 12.12.120(b). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the director.
(Ord. 2490-94 § 1; Ord. 2896-09 § 37)
(a)
Upset.
(1)
For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(2)
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (3) of this section, are met.
(3)
A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(i)
An upset occurred and the user can identify the cause(s) of the upset;
(ii)
The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and
(iii)
The user has submitted the following information to the director within twenty-four hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):
(A)
A description of the indirect discharge and cause of noncompliance,
(B)
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue, and
(C)
Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(4)
In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(5)
Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(6)
Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(b)
Prohibited Discharge Standards.
(1)
User shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in 12.12.120(a) of this chapter or the specific prohibitions in Section 12.12.020(b) of this chapter if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(i)
Local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or
(ii)
No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of Interference, was in compliance with applicable sludge use or disposal requirements.
(c)
Bypass.
(1)
For the purposes of this section:
(i)
"Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility.
(ii)
"Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(2)
A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (C)(3) and (4) of this section.
(3)
Bypass Notifications.
(i)
If a user knows in advance of the need for a bypass, it shall submit prior notice to the director, at least ten days before the date of the bypass, if possible.
(ii)
A user shall submit oral notice to the director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.
(4)
Bypass is prohibited, and the director may take an enforcement action against a user for a bypass, unless:
(i)
Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(ii)
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
(iii)
The user submitted notices as required under subsection (c)(3) of this section.
(5)
The director may approve an anticipated bypass, after considering its adverse effects, if the director determines that it will meet the three conditions listed in subsection (c)(4)(i) of this section.
(Ord. 2896-09 § 38)