(a)
Policy. It is the policy of the City of Santa Monica to assure
that the highest and best use of the publicly owned treatment works
(P.O.T.W.) is for the collection, treatment and disposal of domestic
wastewater and that the highest and best use of the storm drain system
is for the collection and disposal of stormwater. The use of either
of these systems for industrial wastewater is a privilege which is
subject to the requirements of this Chapter.
(b)
Objectives. This Chapter sets forth uniform requirements for
direct and indirect dischargers to the P.O.T.W., the storm drain system,
and the waters of the State. Through a permit and inspection program
administered under jurisdiction of the City, the City seeks to ensure
the implementation of the following objectives:
(1)
Prevent any discharge into the P.O.T.W. which may interfere with
the operation thereof;
(2)
Prevent any discharge into the P.O.T.W. inadequately treated, into
receiving waters, land, or the atmosphere, or otherwise be incompatible
with the P.O.T.W.;
(3)
Prevent any discharge which may interfere with the operation of the
storm drain system or pollute the waters of the State;
(4)
Protect the P.O.T.W., the storm drain system, and the water of the
State from damage by any pollutants;
(5)
Provide the opportunity to recycle and reclaim sludges from the P.O.T.W.,
and wastewater from the P.O.T.W. and the storm drain system;
(6)
Provide for recovery of costs, including administration, implementation
and enforcement of the program established in this Chapter, associated
with the discharge of wastewater to the P.O.T.W., the storm drain
system and waters of the State;
(7)
Protect the life, health and safety of operating and maintenance
personnel;
(8)
Preserve hydraulic capacity in the P.O.T.W.;
(9)
Ensure the health, safety and general welfare of the public.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
For the purpose of this Chapter, the following words and phrases
shall have the following meanings:
The Federal Water Pollution Control Act of 1972, also known
as the Clean Water Act, as amended, 33 USC 1251 et seq.
The California State Water Resources Control Board.
If the industrial user is a corporation, authorized representative
shall mean:
The president, secretary, treasurer, or a vice-president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions
for the corporation; or
The manager of one or more manufacturing, production or operation
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility, including
having authority to make major capital investment recommendations,
initiate and direct comprehensive measures to assure long-term environmental
compliance with environmental laws and regulations, and assure that
necessary systems are established to comply with industrial wastewater
discharge permit requirements.
If the industrial user is a partnership, association or sole
proprietorship, an authorized representative shall mean a general
partner or the proprietor.
If the individual user is representing Federal, State or local
governments, or an agent thereof, an authorized representative shall
mean a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility.
The individuals described in subsections 1 through 3 of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the authorization is submitted to the City.
The number of gallons of wastewater discharged into the P.O.T.W.,
storm drain system or waters of the State during a twenty-four-hour
period.
Practices or physical devices or systems activities, prohibitions
of practices, maintenance procedures, pollution prevention techniques,
and other management practices designed to prevent or reduce pollutants
in discharges. BMPs include, but are not limited to, treatment requirements,
operating procedures, and practices to control site runoff, spillage
or leaks, sludge or waste disposal, or drainage from raw materials
storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at twenty degrees Centigrade expressed
in terms of milligrams per liter (mg/l) and analyzed in accordance
with 40 CFR 136, as amended.
Laboratory waste of human or animal specimen cultures from
medical and pathology laboratories; or cultures and stocks of infectious
agents from medical, research or industrial laboratories; or wastes
from the production of bacteria, viruses, spores, and discarded vaccines;
or human surgery specimens or tissues which may contain infectious
agents; or animal parts, tissues, fluids, or carcasses which may contain
infectious agents, waste blood products, waste containing materials
contaminated liquid waste from humans or animals that may be infectious,
and human surgery specimens or tissues with fixatives or contaminated
with chemotherapeutic agents including, but not limited to, gloves,
disposable gowns, towels, intravenous solution bags and attached tubing
when empty.
Human or animal blood, human or animal blood components and/or
products made from human or animal blood.
Pathogenic micro-organisms that are present in human or animal
blood and can cause disease in humans.
A sewer conveying wastewater from the premises of a user
to the P.O.T.W. system.
The intentional diversion of wastestreams from any portion
of a discharger’s process or treatment facility.
National Categorical Pretreatment Standards, Pretreatment
Standards or any other regulation containing pollutant discharge limits
promulgated by the United States Environmental Protection Agency.
The City of Santa Monica or its duly authorized representatives.
The Federal Water Pollution Control Act, enacted in 1972,
by Public Law 92-500, and as amended by the Water Quality Act of 1987.
The optical density at the visual wavelength of maximum absorption,
relative to distilled water. One hundred percent transmittance is
equivalent to zero optical density.
A private establishment such as a restaurant, hotel, laundry,
store, filing station, recreational facility, or a nonprofit private
or government entity such as a church, school, hospital, military
facility, correctional institution or a facility owned and operated
by a charitable organization.
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on either an increment of
flow or time.
The acquisition of any and all rights-of-way or real property
necessary for the performance and completion of the work referred
to wherever authority is given to the City for any construction under
the provisions of this Chapter.
The water discharged from any use including, but not limited
to, air-conditioning, cooling or refrigeration, during which the only
pollutant added is heat.
The discharge of wastewater to the storm drain system or
the waters of the State.
The Director of the Public Works Department of the City of
Santa Monica or the duly authorized representative thereof.
Unless otherwise specific in a permit, the introduction of
any pollutant into the P.O.T.W., the storm drain system or the waters
of the State.
Water bearing wastes derived from ordinary living processes,
free from industrial waste, and of such character as to permit satisfactory
disposal to, and treatment in, the P.O.T.W.
The United States Environmental Protection Agency, its Administrator,
or its duly authorized representative.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards in accordance with Section 307 of the Act.
A facility engaged in preparing food for consumption by the
public such as, but not limited to, a restaurant, bakery, commercial
kitchen, caterer, hotel, school, hospital, correctional facility or
care institution.
A sample which is taken from a wastewater discharge on a
one-time basis without regard to the volume of flow in the discharge.
Unless otherwise approved by the Director, an approved device
with a minimum volume of three hundred gallons that is specifically
designed to separate, trap, and hold non-petroleum fats, oil and grease
(FOG) from an industrial wastewater discharge, and which, unless otherwise
approved by the City, shall be remotely located from where food is
handled, and is identified by the following: volume, a minimum retention
time of thirty minutes, baffle(s), a minimum of two compartments,
and gravity separation.
A wastewater discharge that has not been contaminated by
any toilet discharge, has not been affected by infectious, contaminated,
or unhealthy bodily wastes and does not present a threat from contamination
by unhealthful processing, manufacturing, or operating wastes. Graywater
includes, but is not limited to, wastewater from domestic bathtubs,
showers, bathroom washbasins, clothes washing machines and laundry
tubs, but does not include wastewater from toilets, kitchen sinks
or dishwashers.
See Gravity Grease Interceptor.
See Hydromechanical Grease Interceptor.
The area included within the exterior of the surrounding
walls of a building or portions thereof, exclusive of courtyards.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
Any sewer pipeline, or portion thereof, constructed in a
street, alley, walk or other public place, or in a sewer easement
granted to the City and connecting, or proposed to connect, any lot
or part of a lot with any public sewer.
An approved device that is installed in an industrial drainage
system to separate, trap, and hold non-petroleum fats, oil and grease
(FOG) from a wastewater discharge and is identified by flow rate,
retention time and separation efficiency. HGI design incorporates,
in combination or separately, air entrainment, hydromechanical separation,
interior baffling, internal barriers, and sample box.
The discharge of wastewater into the P.O.T.W.
Any person which is the source of a non-domestic discharge
to the P.O.T.W. system, the storm drain or waters of the State and
is subject to an Industrial Wastewater Permit.
Any solid, liquid, gaseous or radioactive substance that
is discharged from any producing, manufacturing, processing, institutional,
industrial, commercial, agricultural or similar operation from the
development, recovery or processing of any material resource which
will enter the P.O.T.W.
Any house connection sewer, or portion thereof, used in the
disposal of any and all liquid or waterborne waste from industrial
or commercial processes except domestic sewage.
Any storm drain connection carrying or intended to carry
industrial waste from any industrial, manufacturing, processing or
servicing establishment. These connections may require NPDES permits.
Any water bearing waste, excluding domestic wastewater.
A permit issued by the Director, or authorized representative,
in accordance with this Chapter.
A collecting sewer that intercepts and collects the sewage
from a number of lateral or local public sewers.
The inhibition or disruption of the P.O.T.W. process or operations,
or any action or omission which may contribute to a violation of any
requirement of the City of Los Angeles’ National Pollutant Discharge
Elimination System (NPDES) permit or the City’s Joint Powers
Agreement with the City of Los Angeles. The term interference also
includes prevention of sewage sludge use or disposal by the P.O.T.W.
in accordance with Section 405 of the Act or any violation of criteria,
guidelines or regulations developed pursuant to the Solid Waste Disposal
Act (SWDA), the Clean Air Act, the Toxic Substance Control Act, the
Marine Protection, Research and Sanctuaries Act, or violation of more
stringent State criteria (including those contained in any State sludge
management plan prepared pursuant to Title IV of SWDA) applicable
to the method of disposal or use employed by the P.O.T.W.
As defined in Chapter 9.52 of Article IX of this Code.
Medical waste shall have the same meaning as defined by California
Health and Safety Code Section 117690. Medical waste is:
Biohazardous waste; or
Sharps waste; or
Trauma scene waste; or
Waste which contains material that is generated or produced
as a result of any of the following actions:
Diagnosis, treatment, or immunization of human beings or animals,
Research pertaining to the activities specified in subparagraph
(A),
The production or testing of biologicals. Biologicals means
medicinal preparations made from living organisms and their products,
including, but not limited to, serums, vaccines, antigens, and anti-toxins,
The accumulation of properly contained home-generated sharps
waste,
Removal of blood or infectious materials from a trauma scene.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act.
A permit issued pursuant to Section 402 of the Act.
Any source of a discharge, the construction or operation
of which commenced after the publication by the EPA of proposed categorical
pretreatment standards in accordance with Section 307(c), provided
that:
No other source is located at that site; or
The source completely replaces the process or production equipment
of an existing source at that site; or
The new wastewater generating process of the source is substantially
independent of an existing source at that site, and the construction
of the source creates a new facility rather than modifying an existing
source at that site.
Any substances other than human excrement and household graywater
(shower, dishwashing operations, etc.). Nondomestic pollutants include
the characteristics of the wastewater (i.e., pH, temperature, TSS,
turbidity, color, BOD, COD, toxicity, odor).
A discharge which exits to the P.O.T.W. into waters of the
State in quantities or concentrations which, alone or in conjunction
with discharge(s) from other source(s), is a cause of a violation
of any requirement of the P.O.T.W.’s NPDES permit (including
an increase in the magnitude or duration of a violation).
The maximum five-minute rate of wastewater flow to be generated
from the premises as estimated by the Director.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns. This definition includes all Federal, State or
local governmental entities.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in gram equivalents per liter of solution.
A prescription or over-the-counter human or veterinary drug
or process waste from the testing, formulating or manufacturing of
human or veterinary pharmaceutical drugs.
A substance that imparts black or white or a color to other
materials.
Any physical location at which a discharger, directly or
indirectly, disposes wastewater. The term point of discharge also
includes, but is not limited to, disposal to ponds, injection wells,
leach fields or surface spreading.
Any liquid, gas, vapor, dredged spoil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, munitions, medical waste,
chemical wastes, industrial wastes, biological materials, radioactive
materials, heat, pigment, wrecked or discharged equipment, rock, sand,
cellar dirt, agricultural or other waste.
Pollution prevention means “source reduction,”
as defined under the Pollution Prevention Act (42 U.S.C. Section 13101
et seq.), and other practices that reduce or eliminate the creation
of pollutants through increased efficiency in the use of raw materials,
energy, water, or other resources, or protection of natural resources
by conservation, thus lessening the hazards to public health and the
environment.
Any area of waste or contamination which, by virtue of its
location or condition, may discharge to the storm drain, whether by
act of omission, commission or act of nature.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less polluted state prior to or in lieu of discharging
such pollutants into the P.O.T.W., storm drain system or the waters
of the State. Pretreatment can be obtained by physical, chemical,
or biological processes, or process changes by other means, except
as prohibited by 40 Code of Federal Regulations (CFR) at Section 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a National Categorical Pretreatment Standard promulgated
by EPA.
Any system such as a septic tank, cesspool, seepage pit,
leach field or any other receptacle, or any combination thereof, which
receives any wastewater not discharged to a public sewer.
Absolute prohibitions against the discharge of certain defined types of industrial wastewater. These prohibitions appear in Section 5.20.040 of this Chapter.
Treatment works as defined by Section 212 of the Act, which
is wholly or partially owned by the City or the City of Los Angeles.
This includes any public sewers that convey wastewater to the P.O.T.W.,
treatment plant, land, appurtenances, pumping stations, treatment
works or equipment.
Any sewer, other than a house connection sewer, which has
been constructed in a public street, alley, walk or other public place,
or in a sewer easement, and is part of the P.O.T.W.
Waters of the State, as defined in this Section.
Persons only contributing domestic sewage wastewater to the
municipal wastewater system.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
Hypodermic needles, hypodermic syringes, blades and broken
glass. Sharps also include any device, instruments, or other objects
which have acute rigid corners, edges or protuberances.
Alterations to the discharger’s operation, process,
pretreatment systems, or production, or alterations to the nature,
quality, or volume of the discharger’s wastewater that affect,
or have the potential to affect, pretreatment standards or requirements
since the issuance of the subject Industrial Wastewater Permit.
Industrial users subject to categorical pretreatment standards
and any other industrial user that: (a) discharges an average of twenty-five
thousand gallons per day or more of process wastewater; (b) contributes
a process wastestream which makes up five percent or more of the average
dry weather hydraulic or organic capacity of the treatment plant;
or (c) is designated as significant by the City on the basis that
the industrial user has a reasonable potential for causing pass through
or interference or for violating any pretreatment standard or requirement.
Any discharge of a non-routine, episodic nature, including,
but not limited to, an accidental spill or a non-customary batch discharge,
which has a reasonable potential to cause interference or pass through,
or in any other way violate the P.O.T.W.’s regulations, local
limits or permit conditions.
Any house connection sewer or storm drain connection from
any swimming pool, wading pool, fountain, pond, tank, vat or receptacle
which receives or disposes of rainwater or surface water.
Any house connection sewer from a lot, or part of a lot,
which does not have a public sewer directly in front, rear, or at
the side of such lot, or part of such lot, and which has not been
directly assessed for a public sewer.
Classification pursuant to the Standard Classification Manual
issued by the Executive Office of the President, Office of Management
and Budget, 1972, or subsequent revisions.
The State of California.
Any pipeline, or portion thereof, constructed in a street,
alley, walk, or other public place, or in an easement granted to the
City or County, and connecting or proposed to connect any lot or part
of a lot with any storm drain.
All of the property involved in the operation of the storm
drainage collection and disposal system of the City of Santa Monica,
whether operated by the City or other public agency, including conduits,
natural or artificial drains, channels and watercourses, together
with appurtenances, pumping stations and equipment.
Any discharge, drainage or runoff occurring as a result of
natural precipitation including snowmelts.
The total nonfilterable residue in water, wastewater, or
other liquids, which is removable in accordance with the most recent
publication of Standard Methods for the Examination of Water and Wastewater,
prepared and published by the American Public Health Association,
American Waterworks Association, and the Water Pollution Control Federation.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of EPA under the provisions
of Section 307 of the Act, or other Federal or State statutes, rules
or regulations.
That portion of the P.O.T.W. designed to provide treatment
of sewage and industrial waste.
Any discharge of pollutants from the municipal wastewater
system into waters of the State.
Any pollutant (including BOD) released in a discharge at
a flow rate or concentration which will cause a violation of the specific
discharge prohibitions of this Chapter.
Any person who contributes, or causes or allows the contribution
of sewage or industrial wastewater into the municipal wastewater system,
storm drain system or waters of the State, including persons who contribute
such wastes from mobile sources.
The liquid and waterborne industrial or domestic wastes from
facilities including, but not limited to, dwellings, commercial buildings,
industrial facilities, agricultural activities, hospitals, medical
facilities, and other institutions, together with other wastes which
may be present, whether treated or untreated, which enter the P.O.T.W.,
the storm drain system or the waters of the State.
All saline waters, streams, lakes, ponds, marshes, watercourses,
waterways, wells, springs, reservoirs, aquifers, irrigation systems,
drainage systems, and all other bodies or accumulations of water,
surface or underground, natural or artificial, public or private,
which are contained within, flow through, or border upon the State
of California or any portion thereof.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14; Ord. No. 2611CCS § 6,
adopted 6/25/19)
Acronyms or sets of letters set forth in this Section, when
used in this Chapter, shall stand for and be understood and may be
accepted or used as abbreviations for those terms or phrases set forth
opposite each:
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BMR. Baseline Monitoring Report.
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BOD. Biochemical oxygen demand.
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CFR. Code of Federal Regulations.
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COD. Chemical oxygen demand.
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CWA. Clean Water Act.
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EPA. Environmental Protection Agency.
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GGI. Gravity grease interceptor.
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gpd. Gallons per day.
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LC50. Lethal concentration for fifty percent of
the test organisms.
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l. Liter.
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mg. Milligrams.
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mg/l. Milligrams per liter.
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NCPS. National Categorical Pretreatment Standards.
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NPDES. National Pollutant Discharge Elimination
System.
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O&M. Operation and maintenance.
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P.O.T.W. Publicly owned treatment works.
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RCRA. Resource Conservation and Recovery Act.
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SIC. Standard Industrial Classification.
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SS. Suspended solids.
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SWDA. Solid Waste Disposal Act, 42 USC 6901 et
seq.
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TSS. Total suspended solids.
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USC. United States Code.
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(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
No
person shall contribute or cause to be contributed, directly or indirectly
to the P.O.T.W., the storm drain system or the waters of the State,
any pollutant or wastewater which may cause interference or pass through.
These general prohibitions apply to all users of the P.O.T.W. and
storm drain system whether or not the user is subject to categorical
pretreatment standards or any other national, State or local pretreatment
standards or requirement. Furthermore, no person may contribute the
following substances to the P.O.T.W., storm drain system or waters
of the State:
(1)
Gasoline, mercury, total identifiable chlorinated hydrocarbons, kerosene,
naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbides, hydrides,
plastic or rubber pellets, petrochemical or carbon-based solvents,
pesticides or jet fuel;
(2)
Any liquids, solids or gases which by reason of their nature or quantity
are or may be, sufficient, either alone or by interaction with other
substances, to cause fire or explosion or be injurious in any other
way to the P.O.T.W. or storm drain system;
(3)
Any solid or viscous substances in amounts which could cause interference
with the flow or operation of the P.O.T.W. or the storm drain system;
(4)
Any fats or greases, including, but not limited to, petroleum oil,
nonbiodegradable cutting oil or products of mineral oil origin, in
amounts that will cause interference or pass through;
(5)
Any wastewater having a pH less than 5.5 or more than 11.0, or that
otherwise could cause corrosive structural damage to the P.O.T.W.
system, injure City personnel or damage equipment;
(6)
Any wastewater containing pollutants in sufficient quantity (flow
or concentration), either singly or by interaction with other pollutants,
to pass through or interfere with the P.O.T.W. process, or constitute
a hazard to human, animal, plant or fish life, or to exceed any limitation
set forth in this Section;
(7)
Any bypass or non-routine discharge or noxious or malodorous liquids,
gases, vapors, solids, or other wastewater which, either singly or
by interaction with other materials, are sufficient to create a public
nuisance or hazard to life or to prevent entry of any person into
the P.O.T.W. or the storm drain system;
(8)
Any substance which may cause the P.O.T.W. treatment plant effluent
or any other residues, sludges or scums, to be unsuitable for reclamation
and reuse or to interfere with the reclamation process. In no case
shall a substance discharged to the P.O.T.W. or storm drain system
cause the P.O.T.W. to be in noncompliance with sludge use or disposal
regulations, guidelines or permits issued under Section 405 of the
Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances
Control Act, or other State requirements applicable to the sludge
use and disposal practices being used;
(9)
Any substance which will cause the P.O.T.W. to violate its NPDES
permit, or applicable Federal or State statutes, rules or regulations;
(10)
Any wastewater which imparts color which cannot be removed in the
ordinary P.O.T.W. treatment process such as, but not limited to, dye
wastes and vegetable tanning solutions, which consequently imparts
color to the P.O.T.W. effluent, and which creates a visual contrast
with material appearance of the P.O.T.W. discharge observable at the
point of P.O.T.W. discharge;
(11)
Any wastewater having a temperature greater than one hundred forty
degrees Fahrenheit (sixty degrees Centigrade), or which will inhibit
biological activity in the P.O.T.W. treatment plant resulting in interference,
but in no case wastewater which causes the temperature at the introduction
into the P.O.T.W. treatment plant to exceed one hundred four degrees
Fahrenheit (forty degrees Centigrade). In no event shall any wastewater
having a temperature in excess of thirty-seven and eight-tenths degrees
Centigrade (one hundred degrees Fahrenheit) be discharged to the storm
drain system or to waters of the State;
(12)
Any wastewater containing any radioactive wastes or isotopes except
as specifically approved by the Director in compliance with applicable
State or Federal regulations;
(13)
Any pollutants which result in the presence of toxic gases, vapors
or fumes within the P.O.T.W. or the storm drain system in a quantity
that may cause worker health and safety problems;
(14)
Any transported pollutants including, but not limited to, those transported by commercial vehicles, or private recreational vehicles, except at discharge points designated by the City in accordance with Section 5.20.170;
(15)
Stormwater, surface water, groundwater, artesian well water, roof
runoff and subsurface drainage collected and discharged to the P.O.T.W.,
unless specifically authorized by the Director;
(16)
Any industrial wastes containing floatable fats, waxes, grease or
oils, or which become floatable at the wastewater temperature at the
introduction to the P.O.T.W. treatment plant;
(17)
Petroleum oil or nonbiodegradable cutting oils, commonly called soluble
oils, which form a persistent water emulsion, and nonbiodegradable
complex carbon compounds;
(18)
Any sludges, screenings, or other residues from the pretreatment
of industrial wastes;
(19)
Any pharmaceutical wastes, any recognizable portions of human or
animal anatomy, any medical wastes or sharps, and any human or animal
blood known to contain blood-borne pathogen(s);
(20)
Any material containing ammonia, ammonia salts, or other chelating
agents which will produce metallic complexes in amounts that could
interfere with the P.O.T.W. or storm drain system;
(21)
Any material identified as hazardous waste according to 40 CFR Part
261 except as may be specifically authorized by the Director;
(22)
Any wastewater causing the P.O.T.W. treatment plant effluent to show
a lethal concentration of fifty percent (LC50) as determined by a
toxicity test of ninety-six hours or less, using a percentage of the
discharge and aquatic test species chosen by the Director;
(23)
Recognizable portions of the human or animal anatomy;
(24)
Any wastes containing detergents, surface active agents, or other
substances which may cause excessive foaming in the P.O.T.W. or storm
drain system.
(b)
Wastes
prohibited by this Section shall not be processed or stored in such
a manner that these wastes could be discharged to the P.O.T.W. or
storm drain system. All floor drains located in process or materials
storage areas must discharge to the industrial user’s pretreatment
facility before connecting with the P.O.T.W. system.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
No
person shall discharge the following to the P.O.T.W.:
(1)
Wastewater that exceeds the following limitations:
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Arsenic
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3.0 mg/l
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Cadmium
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15.0 mg/l
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Copper
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15.0 mg/l
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Cyanide (total)
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10.0 mg/l
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Cyanide (free)
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2.0 mg/l
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Dissolved sulfides
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0.1 mg/l
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Lead
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5.0 mg/l
|
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Nickel
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12.0 mg/l
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pH range
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5.5—11
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Silver
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5.0 mg/l
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Total chromium
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10.0 mg/l
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Zinc
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25.0 mg/l
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Dispersed oil and grease (total)
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600.0 mg/l
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Floatable oil and grease
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None visible
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Concentrations apply at the point where the industrial
waste is discharged to the P.O.T.W.
The above limitations shall not apply where more restrictive
limitations are imposed by permit or National Categorical Pretreatment
Standards. The Director may require a discharger to implement BMPs
to achieve the pollutant limitations or other requirements set forth
in this Section.
(2)
Radioactive Waste. Radioactive wastes are prohibited,
except in accordance with the State of California Administrative Code,
Title 17, Public Health, Regulations of the Bureau of Radiological
Health.
(3)
Medical Wastes. Medical waste is prohibited. The material
shall be segregated from other solid wastes and shall be contained
in plastic bags or other suitable disposable containers which shall
be colored red for identification. Container and contents shall be
weighed and recorded prior to disposal. These records shall be made
available to the Director for inspection. Recognizable portions of
the human or animal anatomy shall not be ground or discharged to the
P.O.T.W.
(4)
Commercial Food Wastes. Commercial garbage, food market
wastes or food plant wastes are prohibited.
(5)
Sharps. Sharps are prohibited.
(6)
Grinder Waste. Grinder waste is prohibited.
(b)
Dilution. No person shall use any water to dilute any pollutant
to achieve compliance with the discharge limitations contained in
this Section.
(c)
National Categorical Pretreatment Standards (NCPS). Upon the
promulgation of mandatory NCPS for any industrial category, the NCPS,
if more restrictive than limitations otherwise implemented under this
Chapter, shall apply. A discharger shall comply with applicable NCPS
as set forth in 40 CFR Part 401 et seq. The Director may impose a
phased compliance schedule to ensure the affected industries or users
meet the NCPS.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
No private sewage disposal systems shall be permitted within the City. All such systems must be removed and the lots thereto attached connected to the public sewer system. The connection to the public sewer system in accordance with Chapter 7.04 and this Chapter of this Code, must be completed by July 1, 1987. The removal of the private sewage disposal system must be completed by October 1, 1987.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
Industrial users shall provide necessary wastewater treatment as required to comply with this Chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in Section 5.20.040, within the time limitations specified by the Director. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained at the industrial user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility commences. 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 a discharge acceptable to the City under the provisions of this Chapter.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
Whenever
deemed necessary, the Director may require industrial users to restrict
the industrial user’s discharge during peak flow periods, designate
that certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage wastestreams
from industrial wastestreams, and such other conditions as may be
necessary to protect the P.O.T.W. and storm drain system and determine
the industrial user’s compliance with the requirements of this
Chapter.
(b)
Each
person discharging into the P.O.T.W. or storm drain greater than one
hundred thousand gallons per day or greater than five percent of the
average daily flow in the system, whichever is lesser, shall install
and maintain, on his or her property and at his or her expense, a
suitable storage and flow control facility to ensure equalization
of flow over a twenty-four-hour period. The facility shall have a
capacity for at least fifty percent of the daily discharge volume
and shall be equipped with alarms and a rate of discharge controller,
the regulation of which shall be directed by the Director. A wastewater
permit may be issued solely for flow equalization.
(c)
Pretreatment Devices.
(1)
In order to ensure that proper pretreatment of different types of
discharges and pollutants can be achieved, the Director shall develop
regulations to establish the type, size, placement and connections
of pretreatment devices, such as clarifiers, separators, interceptors
and chemical and electro-chemical treatment devices for each type
of discharges and pollutants.
(2)
Any person discharging industrial wastewater from a gas station,
auto repair and auto refinishing, auto washing, other automotive related
facility, underground parking structure, or parking lot, may be required
by the Director to install a pretreatment clarifier, or oil-water
separator, and stormwater diverter system. The type, size, placement
and connection of the clarifier, separator or diverter system may
be specified by the Director, consistent with regulations developed
pursuant to subsection (c)(1) of this Section.
(3)
Any person discharging industrial wastewater from an underground
parking structure or parking lot may be required, by the Director,
to install BMPs or any other devices deemed necessary in order to
pretreat the septic component of the wastestream. The type, size,
placement and connection of the device may be specified by the Director,
consistent with the regulations developed pursuant to subsection (c)(1)
of this Section.
(4)
Any person discharging industrial wastewater from a restaurant, catering,
or other commercial kitchen facility may be required, by the Director,
to install a gravity grease interceptor with a static holding capacity
equal to a thirty-minute peak wastewater flow from the subject facility.
The type, size and placement of the interceptor may be specified by
the Director, consistent with the regulations developed pursuant to
subsection (c)(1) of this Section.
(5)
Any person discharging industrial wastewater from a printing or photofinishing
facility may be required, by the Director, to install pretreatment
devices including, but not limited to:
(A)
Clarifiers for organic pollutants such as inks and dyes, or acids
such as etchants;
(B)
Desilvering devices for photo developing wastestreams containing greater than five mg/l silver in accordance with Section 5.20.050; and
(C)
Sample boxes whenever deemed necessary. The type, size, placement
and connection of these devices may be specified by the Director,
consistent with the regulations developed pursuant to subsection (c)(1)
of this Section.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
Industrial users shall provide protection from uncontrolled
discharge of materials which may interfere with the P.O.T.W. or storm
drain system by developing spill prevention plans. Facilities necessary
to implement these plans shall be provided and maintained at the owner’s
or industrial user’s expense. Spill prevention plans, including
the facilities and the operating procedures shall be approved by the
Director within ninety days after the issuance of an industrial wastewater
permit. These industrial users must store at least twenty-five pounds
of absorbent material on location.
A spill prevention and control plan shall include the minimum
following components:
(a)
Description
of discharge practices, including possible slug or batch discharges;
(b)
Description
of stored chemicals;
(c)
Procedures
for immediate notification of the Director of any spill or slug discharge;
and
(d)
Procedures
to prevent adverse impact from any accidental discharge. Such procedures
to include, but are not limited to, inspection and maintenance of
storage areas, material handling areas, loading and unloading operations,
control of site runoff, worker training, building of containment structures
or equipment, source reduction practices, measures for containing
toxic organic pollutants, including solvents, and/or measures and
equipment for emergency response. It will be the responsibility of
the permittee to review and revise the spill prevention and control
plan as necessary. Copies of all revised plans shall be provided by
the facility to the Director for review within thirty days of making
any such revisions.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
No person shall leave, deposit, discharge, dump or otherwise
expose any chemical or septic waste in an area where discharge to
City streets or storm drain system may occur. This Section shall apply
to both actual and potential discharges.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
All food service establishments must conduct operations in a
manner which avoids causing grease blockages to the City sewer. All
food service establishments are required to use grease rendering companies
for recycling of their waste cooking oil and grease. Waste cooking
oil and grease must be disposed of in containers provided by grease
rendering companies, not in City or private trash dumpsters.
Food service establishments are prohibited from installing food
waste disposal units which discharge to the City sewer system.
Food service establishments must have a wash area designed for
washing floor mats, with wastewater discharge directed to the City
sewer. Wastewater from floor mat washing cannot be discharged to the
storm drain system. Food service establishments may be required to
implement best management practices to eliminate excessive grease
discharges or other violations, as designated by the Director.
If a food service establishment can demonstrate that the installation
of a gravity grease interceptor is not necessary or feasible due to
space, nature of operations or other considerations, the Director
may issue a variance from gravity grease interceptor requirements
and authorize the installation of alternative grease removal devices.
Alternative grease removal devices include, but are not limited to,
HGI or other devices designed to trap, separate and hold grease from
wastewater and prevent it from being discharged to the P.O.T.W. All
alternative grease removal devices must be approved by the Director
in advance of installation.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
Any person who shall occupy the industrial user’s premises
as a tenant under any rental or lease agreement shall be jointly and
severally responsible for compliance with the provisions of this Chapter
in the same manner as the owner.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
All new domestic wastewater sources from restrooms, showers,
drinking fountains, and similar uses shall be kept separate from all
industrial wastewaters until the industrial wastewaters have passed
through a required pretreatment system and the industrial user’s
monitoring facility. When directed to do so by the Director, industrial
users must separate existing domestic wastestreams from industrial
wastestreams.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
The Director shall adopt rules and regulations consistent with
this Chapter to effectuate its purpose and intent.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface, tamper with or prevent access to
any structure, appurtenance or equipment, or other part of the P.O.T.W.
or storm drain system.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
When requested by the Director all industrial users must submit
information on the nature and characteristics of their wastewater
by completing a wastewater survey prior to commencing their discharge.
The Director is authorized to prepare a form for this purpose and
may periodically require industrial users to update the survey. Failure
to complete this survey shall be reasonable grounds for terminating
service to the industrial user and shall be considered a violation
of this Chapter.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
No
person shall discharge industrial wastewater to the P.O.T.W., the
storm drain system, or the waters of the State without an industrial
wastewater permit. The permit shall not be issued until a determination
has been made by the Director that the wastewater to be discharged
will not violate any provisions of this Code, and any regulation adopted
pursuant thereto, the water quality objectives for receiving waters
established by the California Water Quality Control Board, Los Angeles
Region, or any applicable Federal or State statutes, rules or regulations.
Such determination shall be made from the information set forth in
the application for permit.
(b)
Any violation of the terms and conditions of a wastewater permit shall be deemed a violation of this Chapter and subjects the industrial user to the sanctions set out in Sections 5.20.490 through 5.20.620. Obtaining a wastewater permit does not relieve a permittee of its obligation to obtain other permits required by Federal, State or local law.
(c)
A
separate permit shall be required for each point of discharge, or
potential discharge to the P.O.T.W., to the storm drain system and
to the waters of the State.
(d)
No
permit shall authorize, and no person shall discharge, any industrial
wastewater into the storm drain system or the waters of the State
of California.
(e)
A
zero discharge permit may be issued to an industrial user, where available
technology allows the industrial user to treat wastewater on-site
or off-site, without any process wastewater discharge into the City
sewer or storm drain system. The permit must be approved before operations
have begun.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
In order to be considered for a wastewater permit, all industrial
users required to have a permit must submit the following information
on an application form approved by the Director:
(a)
The
name and address of the applicant;
(b)
The
name and address of the discharger;
(c)
The
address or location of the premises where the discharge will take
place;
(d)
The
Standard Industrial Classification (SIC) for processes or sub-processes
of the discharger;
(e)
Wastewater
constituents and characteristics, including any pollutants in the
discharge which are limited by any Federal, State or local standards;
pretreatment standards applicable to each regulated process; and nature
and concentration (or mass if pretreatment standard requires) of regulated
pollutants in each regulated process (daily maximum and average concentration
or mass when required by a pretreatment standard). Sampling and analysis
will be undertaken in accordance with 40 CFR Part 136, as amended;
(f)
Time
and duration of the proposed discharge or discharges;
(g)
Measured
average daily and maximum daily flow, in gallons per day, to the municipal
system from regulated process streams and other streams as necessary
to use the combined wastestream formula in 40 CFR 403.6(e);
(h)
Site
plans, floor plans, mechanical and plumbing plans and details to show
all sewers and storm drains, connections and appurtenances by their
size, location and elevation, and all points of discharge;
(i)
Description
of activities, facilities and plant processes on the premises, including
a list of all raw materials and chemicals on the premises which are
or could accidentally or intentionally be discharged to the municipal
system;
(j)
Detailed
plans showing pretreatment facilities, sampling facilities, uncontrolled
discharge containment facilities and operating procedures;
(k)
Identification of the nature and concentration of any pollutant located at the premises of the discharger (and/or applicant, if different) if discharge of that pollutant is prohibited or regulated under Section 5.20.050 and other applicable regulations, plus a statement specifying whether the specific limitations set forth Section 5.20.050 and other applicable regulations are being met, and, if not, what additional operation and maintenance (O&M) or pretreatment is proposed by the discharger to cause compliance;
(l)
The shortest time schedule by which the discharger will provide the necessary additional pretreatment, if additional pretreatment or O&M will be required to meet the regulations in Section 5.20.050 and other applicable regulations. Any completion date in such a proposed schedule shall not be later than the compliance date established by the applicable regulation. The schedule shall provide for reporting increments of progress in the form of dates for commencement and completion of major events leading to the construction and operation of additional pretreatment necessary for the discharger to meet the applicable regulation (e.g., hiring an engineer, completing preliminary and final plans, executing contract for major components, commencing construction and completing construction). After permit issuance, progress reports shall be submitted at such times required by the Director. Time limits specified pursuant to this Section for reporting, commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to meet the applicable regulations may be extended by mutual consent of the discharger and the Director, but in no event shall any such date be extended beyond the compliance date established by the applicable regulation;
(m)
Each
product of the discharger by type, amount, process or processes and
rate of production;
(n)
Type
and amount of raw materials processed by the discharger (average and
maximum per day);
(o)
Number
of employees, hours of operation of plant and hours of operation of
the proposed pretreatment system;
(p)
Copies
of any current City business license, NPDES permit, South Coast Air
Quality Management District permit, Regional Water Quality Control
Board permit, and State Department of Health Services permit and all
other environmental control permits held by and for the facility;
(q)
The
name, business address and motor vehicle driver’s license number
of the authorized representative and a twenty-four-hour telephone
number and email address;
(r)
Any
other information deemed by the Director to be necessary to evaluate
the permit application.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
All
permit applications and industrial user reports must contain the following
certification statement and be signed by an authorized representative
of the industrial user:
“I certify under penalty of perjury 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)
Upon
an approval of a monitoring waiver and revision of the discharger’s
control mechanism by the Director, the following statement must accompany
each periodic compliance report with the statement:
“Based on my inquiry of the person or persons directly
responsible for managing compliance with Pretreatment Standard part(s),
I certify that, to the best of my knowledge and belief, there has
been no increase in the level of pollutants (list pollutant(s)) in
the wastewater due to the activities at the facility since filing
of the last periodic compliance report.”
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
After
evaluation and acceptance of the data furnished, the Director may
issue an industrial wastewater permit subject to terms and conditions
imposed by the Director pursuant to this Chapter. Granting of the
permit shall not relieve the discharger from the responsibility for
compliance with all provisions of this Chapter.
(b)
By
acceptance of a permit, the applicant agrees to comply with all provisions
of this Chapter and the terms and conditions of the permit.
(c)
All
permitted discharges must commence within one hundred eighty days
from the effective date of the permit or the permit is deemed void.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
An industrial wastewater permit is not required for the following
dischargers or discharges to the P.O.T.W. not subject to NCPS:
Where no portion of water supplied to any premises and industrial
waste stored on the premises discharges or has the potential to discharge
to the P.O.T.W., storm drain system or waters of the State. This exemption
does not apply to PSDS.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14; Ord. No. 2611CCS § 7,
adopted 6/25/19)
Industrial wastewater permits shall be subject to all provisions
of this Code, all other applicable statutes, rules, and regulations,
and fees and charges established by the City.
(a)
The
Director shall have authority to impose permit conditions including,
without limitation, the following:
(1)
Limits on the average or maximum rate of discharge, time of discharge
or requirements for flow regulation and equalization;
(2)
Limits on the instantaneous, daily and monthly average or maximum
concentration, mass, or other measure of identified wastewater pollutants
or properties;
(3)
Requirements for the installation of pretreatment technology or construction
of appropriate containment devices, designed to reduce, eliminate
or prevent the introduction of pollutants into the treatment works;
(4)
Development and implementation of spill control plans or other special
conditions including BMPs necessary to adequately prevent accidental,
unanticipated or routine discharges;
(5)
Development and implementation of waste minimization plans or pollution
prevention techniques designed to reduce the amount of pollutants
discharged to the municipal wastewater system;
(6)
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the system;
(7)
Requirements for installation and maintenance of inspection and sampling
facilities and equipment, upgrade existing pretreatment systems and/or
install additional pretreatment systems, and the implementation of
appropriate BMPs;
(8)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests, and reporting schedules;
(9)
Requirements for immediate reporting of any instance of noncompliance
and for automatic resampling and reporting within thirty days where
self-monitoring indicates a violation(s);
(10)
Compliance schedules for meeting pretreatment standards and requirements;
(11)
Requirements for submission of periodic self-monitoring or special
notification reports;
(12)
Requirements for maintaining and retaining plant records relating
to wastewater discharge and affording the Director, or representatives,
access thereto;
(13)
Requirements for prior notification and approval by the Director
of any new introduction of wastewater pollutants or of any significant
change in the volume or character of the wastewater prior to introduction
in the system;
(14)
Requirements for the prior notification and approval by the Director
of any change in the manufacturing or pretreatment process used by
the permittee;
(15)
Requirements for immediate notification of excessive, accidental
or slug discharges, or any discharge which could cause any problems
to the system;
(16)
A statement that compliance with a 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 permit;
(17)
Other conditions, additional BMPs based on applicable pretreatment
standards, or pollution prevention techniques as deemed appropriate
by the Director to ensure compliance with this Chapter, and State
and Federal laws, rules and regulations.
(b)
The
Director may modify the permit for good cause including, but not limited
to, the following:
(1)
To incorporate any new or revised Federal, State or local pretreatment
standards or requirements;
(2)
To address significant alterations or additions to the industrial
user’s operation, processes, or wastewater volume or character
since the time of permit issuance;
(3)
A change in the municipal wastewater system that requires either
a temporary or permanent reduction or elimination of the authorized
discharge;
(4)
Information indicating that the permitted discharge poses a threat
to the City’s municipal wastewater system, City personnel or
the receiving waters;
(5)
Violation of any terms or conditions of the wastewater permit;
(6)
Misrepresentation or failure to disclose fully all relevant facts
in the permit application or in any required reporting;
(7)
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the permit;
(9)
To reflect a transfer of the facility ownership and/or operation
to a new owner/operator;
(10)
To modify reporting and compliance schedules or permit durations.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
A significant industrial user (SIU) shall apply for permit reissue by submitting a complete permit application in accordance with Section 5.20.180, a minimum of ninety days prior to the expiration of the user’s existing permit.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
All dischargers designated by the Director as requiring an industrial
wastewater permit shall make application for said permit within thirty
days of notification by the Director. All changes in operation procedures,
improvements to facilities, and any other conditions of the industrial
wastewater permit shall be fully implemented within one hundred eighty
days of issuance of the permit.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
In the event another governmental entity contributes all or
a portion of its wastewater to the City’s wastewater system,
the City may require this governmental entity to apply and obtain
a governmental user permit.
(a)
A
governmental user permit application shall include:
(b)
A
governmental user permit shall contain the following conditions:
(1)
A requirement for the governmental user to adopt both a sewer use ordinance, code, or law, and local limits which are at least as stringent as those set out in Section 5.20.050;
(2)
A requirement for the governmental user to submit a revised industrial
user inventory on at least an annual basis;
(3)
Requirements for the governmental user to conduct pretreatment implementation
activities including industrial user permit issuance, inspection and
sampling, and enforcement as needed;
(4)
A requirement for the governmental user to provide the City with
access to all information that the governmental user obtains as part
of its pretreatment activities;
(5)
Limits on the nature, quality and volume of the governmental user’s
wastewater at the point where it discharges to the municipal wastewater
system;
(6)
Requirements for monitoring the governmental user’s discharge.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(b)
Curb Connections. All curb connections through which industrial
wastewater is discharged shall be sealed. Effluent shall be pretreated,
if determined to be necessary by the Director, and redirected to a
sewer connection.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
An
industrial wastewater permit shall not be transferable, by operation
of law or otherwise, either from one location to another or from one
person to another. For purposes of this Section, statutory mergers
or name changes shall not constitute a transfer or a change in ownership.
Following a change of ownership, and upon application for a new industrial
wastewater permit, an interim permit may be issued by the Director
for a period of no more than one hundred eighty days pending the issuance
of a new permit.
(b)
Each
industrial user shall promptly inform the Director, in writing, of
any change of its authorized representative. Any such change shall
be submitted to the Director prior to, or together with, any reports
to be signed by an authorized representative.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
No wastewater discharge shall be commenced in which there has
been a change of characteristics which causes it to be different from
that expressly allowed under the permit issued, without notification
to and approval by the Director. Upon such notification, the Director,
in his or her discretion, may require that a new application be filed
and new permit obtained before any wastewater discharge involving
the changed characteristics takes place.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
Within one hundred eighty days after the effective date of a categorical pretreatment standard, or one hundred eighty days after the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the municipal system shall be required to submit to the City a baseline monitoring report (BMR) which contains the information listed in subsection (b) of this Section. At least ninety days prior to commencement of their discharge, new sources, including existing users which have changed their operation or processes so as to become new sources, shall be required to submit to the City a report which contains the information listed in subsection (b) of this Section. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
(b)
The
information required by this Section includes:
(1)
Identifying Information. The user shall submit the name
and address of the facility including the name of the operator and
owners.
(2)
Permits. The user shall submit a list of any environmental
control permits held by or for the facility.
(3)
Description of Operations. The user shall submit a brief
description of the nature, average rate of production, and Standard
Industrial Classification of the operation(s) carried out by such
an industrial user. This description should include a schematic process
diagram which indicates points of discharge to the system from the
regulated processes.
(4)
Flow Measurement. The user shall submit information
showing the measured average daily and maximum daily flow, in gallons
per day, to the system from regulated process streams and other streams
as necessary to allow use of the combined wastestream formula set
out in 40 CFR 403.6(e).
(5)
Measurement of Pollutants.
(A)
The industrial user shall identify the categorical pretreatment standards
applicable to each regulated process.
(B)
The industrial user shall submit the results of sampling and analysis
identifying the nature and concentration (and/or mass, where required
by the standard or City) of regulated pollutants in the discharge
from each regulated process. Instantaneous, daily maximum and long
term average concentrations (or mass, where required) shall be reported.
The sample shall be representative of daily operations and shall be
performed in accordance with procedures set out in 40 CFR Part 136.
(C)
A minimum of four grab samples must be used for pH, cyanide, total
phenols, oil and grease, sulfide, and volatile organics. All other
pollutants will be measured by composite samples obtained through
flow proportional sampling techniques. If flow proportional composite
sampling is infeasible, samples may be obtained through time proportional
sampling techniques or through four grab samples if the user proves
such a sample will be representative of the discharge.
(6)
Special Certification. A statement, reviewed by an authorized
representative of the industrial user and certified to be a qualified
professional, indicating whether pretreatment standards are being
met on a consistent basis, and, if not, whether additional operation
and maintenance (O&M) or additional pretreatment is required in
order to meet the pretreatment standards and requirements.
(7)
Compliance Schedule. If additional pretreatment or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment or O&M. 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 5.20.220 of this Chapter.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
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 municipal wastewater system, any industrial user subject to such pretreatment standards and requirements shall submit to the City a report containing the information described in Section 5.20.290. For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user’s long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 5.20.190.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
Any significant industrial user (SIU) subject to a pretreatment standard shall, at a frequency determined by the Director but in no case less than twice per year, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 5.20.190.
(b)
Compliance
reports submitted by industrial users that are subject to NCPS shall
contain, at a minimum, the information required by 40 CFR 403.12(e)(1).
Industrial users subject to NCPS shall submit compliance schedule
progress reports, NCPS deadline compliance reports, and BMRs in accordance
with general pretreatment regulations for existing and new sources
of pollution (Title 40, Code of Federal Regulations, Part 403.12).
(c)
SIUs
subject to BMP based CPS, or other BMP based pollution prevention
alternative or local limit shall submit documentation on a semiannual
basis to the Director in order to determine compliance status of the
SIU.
(d)
All
wastewater samples must be representative of the industrial 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 an industrial user to keep its monitoring
facility in good working order shall not be grounds for the industrial
user to claim that sample results are unrepresentative of its discharge.
(e)
An
industrial user subject to the reporting requirements in this section,
including reports associated with BMPs shall be required to retain
records for three years related to monitoring activities and analytical
results and shall make such records available for inspection and copying
by the Director. This retention period of three years may be extended
during the course of any unresolved litigation regarding the industrial
user.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
Each
industrial user is required to notify the Director of any planned
significant changes to the industrial user’s operations or pretreatment
systems which might alter the nature, quality or volume of its wastewater.
(b)
The Director may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater permit application under Section 5.20.180, if necessary.
(d)
No
industrial user shall implement the planned changed condition(s) until
and unless the Director has responded to the industrial user’s
notice.
(e)
For
purposes of this requirement, flow increases of ten percent or greater
and the discharge of any previously unreported pollutants shall be
deemed significant.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
Each
industrial user shall provide protection from accidental or intentional
discharges of prohibited materials or other substances regulated by
this Chapter. Facilities to prevent the discharge of prohibited materials
shall be provided and maintained at the owner’s or user’s
own cost and expense. Detailed plans showing facilities and operating
procedure to provide this protection shall be submitted to the City
for review and shall be approved by the City before construction of
the facility commences. Review and approval of such plans and operating
procedures shall not relieve the industrial user from the responsibility
to modify the user’s facility as necessary to meet the requirements
of this Chapter.
(b)
No
industrial user which commences contribution to the system after the
effective date of the ordinance codified in this Chapter shall be
permitted to introduce pollutants into the system until accidental
discharge procedures have been approved by the City.
(c)
In
the case of any changes at the facility affecting the potential for
a discharge which may cause potential problems for the P.O.T.W. or
storm drain system, it is the responsibility of the user to immediately
telephone and notify the Director of the change. This notification
shall include the location of discharge, type of waste, concentration
and volume, if known, and corrective actions taken by the user.
(d)
Within
five days following an accidental 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 may be incurred as a result of damage to the system, natural
resources, or any other damage to person or property; nor shall such
notification relieve the user of any fines, civil penalties, or other
liability which may be imposed by this Chapter.
(e)
Failure
to notify the City of potential problem discharges shall be deemed
a separate violation of this Chapter.
(f)
A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (c) of this Section. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure. In the event a substantial number of the discharger’s employees use a language other than English as a primary language, the notice shall be worded in both English and the language or languages involved.
(g)
At
least every two years the Director shall evaluate whether each significant
industrial user needs a slug control plan as required in 40 CFR 4032.8(F)(2)(V).
The user may be required to develop, submit for approval and implement
such a plan.
(h)
The
Director may require any discharger to develop and submit for approval
a facility specific slug control discharge plan, or take such other
action that may be necessary to control slug discharges. Alternatively,
the Director may develop such a plan for the discharger, with all
such associated costs being the sole responsibility of the discharger.
If required, the plan will be due pursuant to a schedule determined
by the Director. A slug control plan shall contain, at a minimum,
the following:
(1)
Description of discharge practices, including non-routine batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediate notification of the Director in the event
of a slug discharge; and
(4)
Procedures for preventing adverse impacts to the storm drain system
or P.O.T.W. from any accidental or slug discharge. Such procedures
should include, but are not limited to, inspection and maintenance
of hazardous materials storage areas, handling and transfer of materials,
loading and unloading operations, control of facility site runoff,
worker training, emergency response plan development, building secondary
containment structures, source reduction practices, and measures to
contain toxic organic pollutants, including solvents.
(i)
Notice of Bypass. If an industrial user knows in advance that
there will be a need for a bypass, a written notice shall, unless
otherwise specified in the subject permit, be submitted to the Director
at least ten days before the date of the bypass. A discharger shall
submit oral notice to the Director of an unexpected bypass event within
twenty-four hours from the time the industrial user becomes aware
of the bypass and indicate whether pretreatment standards were violated.
A follow-up written notice, unless otherwise specified in the subject
permit, shall be provided to the Director within five days from the
time the industrial user is aware of the bypass. The written notice
must contain a description of the bypass, including exact dates and
times, whether pretreatment standards were violated, when the bypass
will be corrected and procedures taken to prevent another such bypass
from occurring in the future.
(j)
Prohibition of Bypass. A bypass is prohibited unless:
(1)
The bypass necessary and unavoidable, in order to prevent loss of
life, injury to persons, or severe property damage;
(2)
There was no feasible alternative to the bypass, such as the use
of auxiliary treatment facilities, retention of untreated wastes,
and all adequate back-up equipment was installed to prevent a bypass
during normal periods of equipment downtime; and
(3)
The industrial user submitted notice as required under subsection
(i) of this Section.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
All industrial users not subject to categorical pretreatment
standards and not required to obtain a wastewater permit shall provide
appropriate reports to the City as the Director may require.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
Written reports will be deemed to have been transmitted at the
time of deposit, postage prepaid, into a mail facility serviced by
the United States Postal Service.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
Within one hundred eighty days after promulgation of a new City-specific
pollutant limitation and notification thereof by the Director to specific
dischargers affected thereby, any discharger, subject to such limitations,
shall submit to the Director a report containing:
(a)
The
name and address of the discharger;
(b)
The
address or location of the premises where the discharge does or will
take place;
(c)
The
nature, average production rate and Standard Industrial Classification
of the operations carried out by the discharger;
(d)
The
average and maximum flow of the discharge in gallons per day;
(e)
The
nature and concentration of pollutants in the discharge from each
regulated process and identification of applicable limitations. The
concentration shall be reported as a maximum or average as provided
in applicable limitations. If equivalent concentration limits have
been calculated in accordance with the limitation, this adjusted concentration
limit shall also be submitted;
(f)
A
statement, reviewed by an authorized representative and certified
under penalty of perjury by a person with primary responsibility for
the operation which contributes to the discharge, indicating whether
the limitations are being met, and, if not, what operation and maintenance
improvements or additional pretreatment is required for compliance;
(g)
The
shortest schedule under which any additional pretreatment or operation
and maintenance improvements, required as a result of the new limitations
or requirements, will be completed.
(1)
The completion date in such a schedule shall not be later than the
compliance date established for the applicable limitation.
(2)
The schedule shall provide for reporting increments of progress in
the form of dates for the commencement and completion of major events
leading to the construction and operation of any additional pretreatment
necessary (e.g., hiring an engineer, completing preliminary and final
plans, executing contracts for major components, commencing construction
and completing construction).
(3)
The discharger shall also submit a written progress report to the
Director, not later than fourteen days following each increment of
progress date in the schedule and the final date for compliance. That
report shall state whether the discharger is in compliance with the
scheduled increment of progress. If compliance was not achieved, the
report shall state the date by which the discharger expects to comply
with the scheduled increment of progress, the reason for the failure
to comply, and the steps being taken by the discharger to maintain
the established compliance schedule.
(4)
The time limits specified in this Section for operation or maintenance
improvements or additional pretreatment may be extended by the Director.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
Any
discharger may be required by the Director, by permit or otherwise,
to engage in periodic monitoring and sampling of its discharge. Where
a discharger is required to monitor or sample, the discharger shall
notify the Director by telephone at least forty-eight hours in advance
of any monitoring or sampling to be done. Notification shall include
the date, time and location of the proposed monitoring or sampling.
Monitoring and sampling shall be carried out during a period of normal
operations. Prior to the commencement of any sampling or monitoring,
the Director may request that the discharger furnish to the Director
a split sample and all supporting data (i.e., methodology, flow measuring
data, strip chart recordings, and other pertinent information). The
Director reserves the right to refuse any data developed from the
monitoring and sampling activity if the discharger fails to comply
with the prenotification procedure.
(b)
If
sampling conducted by the discharger indicates a violation, the discharger
must notify the Director by telephone or e-mail within twenty-four
hours becoming aware of the violation. The discharger must complete
a repeat sampling event and submit the written analytical report within
thirty days of becoming aware of the violation, unless otherwise specified
in the subject permit. Where the Director has performed the sampling
and analysis instead of the discharger, the Director must complete
the repeat sampling and analysis unless the discharger is notified
of the violation and required by the Director to complete these activities.
Re-sampling at the discharger’s facility is not required if
the Director performs this sampling at least once per month or performs
sampling between the initial sampling time period and the time the
Director receives the sampling analytical results.
(c)
Each
discharger shall submit to the Director, certified under penalty of
perjury by the discharger, its monitoring and sampling reports or
other requested data.
(d)
Samples
must be taken during the required monitoring period and shall be representative
of the conditions occurring during this monitoring period. Samples
shall represent the normal wastewater flow to the P.O.T.W. over a
twenty-four-hour period. Composite samples shall be collected hourly.
Samples may be collected either manually or by automatic integrated
sampling equipment approved by the Director.
(e)
The
handling, storage and analysis of all samples taken for the determination
of the characteristics of wastewater discharged shall be performed
by laboratories certified by the State of California and in accordance
with the procedures established by the EPA pursuant to Section 304(a)
of the Act and contained in 40 CFR, Part 136, as amended. In the absence
of a State certification process, the Director may certify a laboratory
to perform any necessary sampling and analysis.
(f)
If
the industrial user is a SIU then the discharger shall follow all
sampling requirements set forth in 40 CFR Section 403.12(g).
(g)
The
Director may allow an industrial user subject to CPS to forgo sampling
of a CPS 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 at background
levels similar to the incoming water with no additional pollutants
added by the discharger due to facility processes.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
The Director may impose additional reporting requirements by
permit condition or otherwise.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
Except as indicated in subsection (b) of this Section, wastewater samples collected for purposes of determining industrial user compliance with pretreatment standards and requirements must be obtained using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Director may authorize the use of time proportional sampling.
(b)
Samples
for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides
and volatile organic chemicals must be obtained using grab collection
techniques.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
All pollutant analyses, including sampling techniques, to be
submitted as part of a permit application or report shall be performed
in accordance with the techniques prescribed in 40 CFR Part 136, as
amended, or, if 40 CFR Part 136 does not contain sampling or analytical
techniques for the pollutant in question, in accordance with procedures
approved by the EPA and the City.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
The Director may recover the City’s expenses incurred
in collecting and analyzing samples of the industrial user’s
discharge by adding the costs to the industrial user’s sewer
charges.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
No person shall knowingly make any false statement, representation
or certification in any application, record, report, plan, or other
document filed with the Director or required to be maintained pursuant
to this Section, or tamper with or knowingly render inaccurate any
monitoring device required under this Section.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
Whenever
it is necessary to make an inspection to enforce any of the provisions
of or perform any duty imposed by this Chapter or other applicable
law, or whenever the Director has reasonable cause to believe that
there exists upon any premises any violation of the provisions of
this Chapter or other applicable law, or any condition which makes
such premises hazardous, unsafe or dangerous, the Director is authorized
to enter such property at any reasonable time and inspect the same
and perform any duty imposed upon the Director by this Chapter or
other applicable law as follows:
(1)
If the property is occupied, the Director shall first present proper
credentials to the occupant and request entry explaining the reasons
therefor.
(2)
If the property is unoccupied, the Director shall first make a reasonable
effort to locate the owner or other persons having charge or control
of the property and request entry, explaining the reasons therefor.
If such entry is refused or cannot be obtained because the owner or
other person having charge or control of the property cannot be found
after due diligence, the Director shall have recourse to every remedy
provided by law to secure lawful entry and inspect the property.
(b)
Notwithstanding subsection (a) of this Section, if the Director has reasonable cause to believe that wastewater discharge conditions on or emanating from the premises are so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the Director shall have the right to immediately enter and inspect the property, and may use any reasonable means required to effect such entry and make such inspection, whether the property is occupied or unoccupied and whether or not formal permission to inspect has been obtained. If the property is occupied, the Director shall first present proper credentials to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection.
(c)
No
person shall fail or refuse, after proper demand has been made upon
that person as provided in this Section, to promptly permit any inspection
provided for by this Section.
(d)
The
applicant, by accepting any permit issued pursuant to this Section,
does thereby consent and agree to the entry upon the premises, described
in the permit, by Department personnel for the following purposes
as required by this Section or other applicable laws. The City shall
be afforded access at all reasonable times:
(1)
For the purposes of inspection, sampling, flow measurement and examination
of records in the performance of other authorized duties;
(2)
To set up on the discharger’s property such devices as are
necessary to conduct sampling inspections, compliance monitoring,
flow measuring or metering operations;
(3)
To inspect and copy any records, reports, test results or other information
required to carry out the provisions of this Section;
(4)
To photograph any waste, waste container, vehicle, waste treatment
process, discharge location or violation discovered during an inspection.
(e)
Where
a discharger has instituted security measures requiring proper identification
and clearance before entry onto the premises, the discharger shall
make all necessary arrangements with its security guards in order
that, upon presentation of such identification, City personnel shall
be permitted to enter the premises without delay for the purpose of
performing their authorized duties.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
The Director may require to be provided, operated and maintained
at the discharger’s expense, separate and secured monitoring
facilities to allow inspection, sampling and flow measurement of the
discharge. The monitoring facilities shall be situated on the discharger’s
premises and in said event the Director shall be granted total and
unrestricted access thereto and use thereof by the discharger as a
condition of that discharger’s permit. The Director may allow
monitoring facilities to be constructed off premises.
If the Director has been refused access to a building, structure
or property or any part thereof, and if the Director has probable
cause to believe that there may be a violation of this Chapter or
that there is a need to inspect as part of a routine inspection program
of the City designed to protect the overall public health, safety
and welfare of the community, then upon application by the City Attorney,
the Municipal Court Judge of the City shall issue a search and/or
seizure warrant describing therein the specific location subject to
the warrant. The warrant shall be served at reasonable hours by the
Director in the company of a uniformed police officer of the City.
In the event of an emergency affecting public health and safety, or
if the industrial user consents, inspections shall be made without
the issuance of a warrant.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
Information and discharge data provided to the City by the discharger
shall be available to the public consistent with the California Public
Records Act.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
Any information, with the exception of discharge data as defined
in 40 CFR Section 403 et seq., submitted to the City pursuant to this
Chapter may be claimed by the discharger to be confidential. Any such
claim must be asserted at the time of submission of the information
to the City. The claim may be asserted by stamping the words “confidential
business information” on each page containing such information,
or by other means. However, if no claim is asserted at the time of
submission, the City may make the information available to the public
without further notice. If such a claim is asserted, the information
will be treated in accordance with the California Public Records Act.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
Purpose and Disposition. It is the purpose of this Section
to provide for the recovery of City costs associated with the discharge
of wastewater to the P.O.T.W., storm drain system and the waters of
the State. All fees and money collected by the City pursuant to the
provisions of this Section shall be deposited into the sewer fund.
(b)
Application Fee. An application for an industrial wastewater
permit shall be accompanied by an application fee. The application
fee shall be in the amount established and from time to time amended
by resolution of the City Council. No application shall be processed
until the initial fee has been duly paid and received by the City.
(c)
Permit and Inspection Fee. A permit and inspection fee shall
be paid annually in advance by each permittee in possession of a valid
industrial wastewater permit. The permit and inspection fee shall
be in the amount established and from time to time amended by resolution
of the City Council.
(d)
Industrial Waste Sewage Strength Charge. An industrial waste sewage strength charge shall be paid as required by Santa Monica Municipal Code Section 7.04.540.
(e)
Wastewater Sampling and Analysis Fee. Each permittee in possession
of a valid industrial wastewater permit shall pay a fee for the sampling
and analysis of wastewater samples taken from the discharger. The
fee shall be in the amount established and from time to time amended
by resolution of the City Council.
(f)
Billing—Collection—Payment of Charges. Billing
of annual fees shall be determined by the Director.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
The Director shall publish annually, in the largest daily newspaper
published in the municipality where the P.O.T.W. is located, a list
of the users which, during the previous twelve months, were in significant
noncompliance with applicable pretreatment standards and requirements.
The term “significant noncompliance” shall mean:
(a)
Chronic
violations of wastewater discharge limits, defined here as those in
which sixty-six percent or more of wastewater measurements taken during
a six-month period exceed the daily maximum limit or average limit
for the same pollutant parameter by any amount;
(b)
Technical
Review Criteria (TRC) violations, defined here as those in which thirty-three
percent or more of wastewater measurements taken for each pollutant
parameter during a six-month period equals or exceeds the product
of the daily maximum limit or the average limit multiplied by applicable
criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all
other pollutants except pH);
(c)
Any
other discharge violation that the Director believes has caused, alone
or in combination with other discharges, interference or pass through,
including endangering the health of P.O.T.W. personnel or the general
public;
(d)
Any
discharge of pollutants that has caused imminent endangerment to the
public or to the environment, or has resulted in the Director’s
exercise of its emergency authority to halt or prevent such a discharge;
(e)
Failure
to meet, within ninety days of the scheduled date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction or attaining
final compliance;
(f)
Failure
to provide within thirty days after the due date, any required reports,
including baseline monitoring reports, reports on compliance with
categorical pretreatment standard deadlines, periodic self-monitoring
reports and reports on compliance with compliance schedules;
(g)
Failure
to accurately report noncompliance;
(h)
Any
other violation(s) which the Director determines will adversely affect
the operation or implementation of the local pretreatment program.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
Whenever the Director finds that any industrial user has violated
or is violating this Chapter, a wastewater permit or order issued
hereunder, or any other pretreatment requirement, the Director or
his or her agent may serve upon said user a written notice of violation
(NOV). Within ten days of the receipt of this notice, an explanation
of the violation and a plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall be submitted
to the Director. Submission of this plan in no way relieves the user
of liability for any violations occurring before or after receipt
of the notice of violation. Nothing in this Section shall limit the
authority of the City to take emergency action without first issuing
a notice of violation.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
The Director may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 5.20.530 and 5.20.540 of this Chapter and shall be judicially enforceable.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
The Director may order a user which has violated, or continues
to violate, any provision of this Chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, to appear before the Director and show cause why the
proposed enforcement action should not be taken. Notice shall be served
on the user specifying the time and place for the meeting, the proposed
enforcement action, the reasons for such action, and a request that
the user show cause why the proposed enforcement action should not
be taken. The notice of the meeting shall be served personally or
by registered or certified mail. Such notice may be served on any
authorized representative of the user. A show cause hearing shall
not be a bar against, or prerequisite for, taking any other action
against the user.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
When the Director finds that a user has violated, or continues
to violate, any provision of this Chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, the Director may issue an order to the user responsible
for the discharge directing that the user come into compliance within
a specified time. If the user does not come into compliance within
the time provided, sewer service may be discontinued unless adequate
treatment facilities, devices, or other related appurtenances are
installed and properly operated. Compliance orders also may contain
other requirements to address the noncompliance, including additional
self-monitoring and management practices designed to minimize the
amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a pretreatment
standard or requirement, nor does a compliance order relieve the user
of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
When
the Director finds that a user has violated, or continues to violate,
any provision of this Chapter, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
or finds that the user’s past violations are likely to recur,
the Director may issue an order to the user directing it to cease
and desist all such violations and directing the user to:
(b)
Issuance
of a cease and desist order shall not be a bar against, or prerequisite
for, taking any other action against the user.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
Whenever any discharger introduces or causes to be introduced
wastewater in violation of this Chapter, and such discharge, either
singly or by interaction with other discharges, results in damage
to or is otherwise detrimental to or adversely affects the P.O.T.W.,
the storm drain system, or any waters of the State, said discharger
shall be liable to the City for reasonable costs necessary to correct
that damage, detriment or adverse effect, including, but not limited
to, labor, material, inspection, transportation, overhead and incidental
expenses associated with the corrective action. The discharger shall
additionally be liable to the City for the reasonable costs of investigation
by the City arising from the unlawful discharge.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
The
Director may suspend or revoke an industrial wastewater permit upon
a finding of:
(1)
Failure to notify the City of significant changes to the wastewater
prior to the changed discharge;
(2)
Falsifying self-monitoring reports;
(3)
Tampering with monitoring equipment;
(4)
Refusing to allow the City timely access to the facility premises
and records;
(5)
Failure to meet effluent limitations;
(6)
Failure to pay fines;
(7)
Failure to pay sewer charges;
(8)
Failure to meet compliance schedules;
(9)
Failure to complete a wastewater survey;
(10)
Failure to provide advance notice of the transfer of a permitted
facility;
(11)
Violation of any pretreatment standard or requirement or any terms
of the permit or this Chapter;
(12)
Discharge presents an imminent hazard to the public health, safety
or welfare, or to the local environment.
(b)
Any
discharger whose industrial wastewater permit has been suspended or
revoked shall immediately cease and desist all discharge of any wastewater
covered by the permit. The Director may disconnect or permanently
block the discharger’s connection if such action is necessary
to ensure compliance with the order of suspension or revocation.
(c)
In
the event a violation of this Chapter does not present an imminent
hazard, the Director may serve the discharger with a notice of intended
suspension order, stating the reasons therefor, the opportunity for
a hearing with respect thereto, and the proposed effective date of
the intended order.
(d)
The
Director shall reinstate the industrial wastewater permit upon proof
of compliance which ends the emergency nature of the hazard created
by the discharge that had been the cause for the Director to initiate
the suspension, provided that the Director is satisfied that all discharge
requirements shall be in full compliance with this Chapter.
(e)
After
revocation of a discharger’s industrial wastewater permit, there
shall be no further discharge of industrial wastewater by that discharger
into the P.O.T.W., the storm drain system or the waters of the State
unless there has been a new application filed, all fees and charges
that would be required upon an initial application and all delinquent
fees, charges, penalties, and other sums owed by the discharger and/or
the applicant to the City have been paid to the City, and a new industrial
wastewater permit has been issued. Any costs incurred by the City,
including administrative costs and investigative fees, in revoking
the permit and disconnecting the connection, if necessary, shall also
be paid for by the discharger before issuance of a new industrial
wastewater permit.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
(a)
The
Director may disconnect any connection to the P.O.T.W. or storm drain
system of any person who has not been issued an industrial wastewater
permit when such disconnection is necessary in order to stop a discharge
which is in violation of this Chapter, or which presents an imminent
hazard to the public health, safety, welfare or local environment,
or which either singly or by interaction with other discharges, is
an imminent hazard to the P.O.T.W., the storm drain system or the
waters of the State, or which places the City of Los Angeles in violation
of its NPDES permit. Any discharger notified of a disconnection shall
immediately cease and desist the discharge of all industrial wastewater
to the P.O.T.W., the storm drain system or waters of the State.
(b)
In
the event a violation of this Chapter does not present an imminent
hazard, the Director may serve the discharger with a notice of an
intended order of disconnection, stating the reasons therefor, the
opportunity for a hearing with respect thereto, and the proposed effective
date of the intended order.
(c)
Any discharger disconnected or served with a notice of an intended order of disconnection may appeal to a hearing examiner in accordance with Section 6.16.010 et seq., of this Code.
(d)
Any
disconnection order issued pursuant to this Section shall remain in
effect until such time as an industrial wastewater permit has been
issued in accordance with this Chapter.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
The Director shall have full power and authority to take any
necessary precautions including, but not limited to, decontamination,
sewer closure, packaging, diking and transportation of materials,
in order to protect life, protect property or prevent further damage
resulting from a condition that is likely to result in a discharge
which presents an imminent hazard to the public health, safety or
welfare; or which either singly, or by interaction with other discharges,
is an imminent hazard to the P.O.T.W., storm drain system or waters
of the State; or which places the City of Los Angeles in violation
of its NPDES permit. In the pursuit of such an operation, City personnel,
any party contracting with the City, or duly authorized representative
of another government agency, shall have immediate access to the premises.
The Director may prohibit approach to the scene of such emergency
by any person, vehicle, vessel or thing, and all persons not actually
employed in the extinguishment of the condition or the preservation
of lives and property in the vicinity thereof.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
When the Director determines that a business has engaged in,
is engaged in, or is about to engage in any acts or practices which
constitute or will constitute a violation of this Chapter or any regulation
or order promulgated thereunder, the Director shall report such determination
to the City Attorney, and the City Attorney may make application to
the Superior Court for an order enjoining the acts or practices or
for an order directing compliance. The City Attorney may seek the
same relief upon the City Attorney’s own motion. As established
in Health and Safety Code Section 25516, a permanent or temporary
injunction, restraining order, or other appropriate order may be granted
upon a showing that the business has engaged in, is engaged in, or
is about to engage in the challenged acts or practices.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
Any person that violates this Chapter shall be civilly liable
to the City for each violation in the amount of not more than five
thousand dollars and not less than one thousand dollars for each day
in which the violation occurs. If the violation results in, or significantly
contributes to, an emergency, the person shall also be assessed the
full cost of the emergency response, cost of repairs to public facilities,
and cost of cleaning up and disposing of any hazardous materials.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
Any person who violates any provision of this Chapter, any applicable
wastewater discharge permit condition, or order issued pursuant to
this Chapter, or any other pretreatment standard or requirement shall,
upon conviction, be guilty of a misdemeanor. Violation of any provision
of this Chapter shall be considered strict liability; accordingly,
the prosecution shall not be required to prove criminal intent or
that the violator meant to violate any provision of this Chapter.
A first violation of any provision of this Chapter shall be
punishable, upon conviction, by a fine of not more than five hundred
dollars but not less than three hundred dollars per violation, per
day, or imprisonment in a County Jail for not more than six months
but not less than thirty days, or by both such fine and imprisonment.
A second or subsequent violation of any provision of this Chapter
shall be punishable, upon conviction, by a fine of not more than five
hundred dollars but not less than three hundred dollars per violation,
per day, and imprisonment for not more than six months but not less
than sixty days in a County Jail. Each day shall constitute a separate
and independent violation.
Any person convicted of violating any provision of this Chapter
shall be ordered to reimburse the City its full investigative costs,
the full cost of the emergency response, cost of repairs to public
facilities, and the cost of cleaning up and disposing of any hazardous
materials.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
Whenever a user has violated or continues to violate any provision
of this Chapter, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement, water service to
the user may be severed. Service will only recommence, at the user’s
expense, after it has satisfactorily demonstrated its ability to comply.
(Added by Ord. No. 1825CCS §
1, adopted 11/7/95; amended by Ord. No. 2461CCS § 1, adopted 7/8/14)
