This article is adopted pursuant to the authority of Chapter 5 (commencing with Section 4950), Part 3, Division 5 and Article 4 (commencing with Section 5470) of Chapter 6, Part 3, Division 5 of the Health and Safety Code of the state of California.
(Prior code § 22-1.1)
Unless the context otherwise indicates, the following words and phrases, shall, for the purposes of this article, have the meanings respectively ascribed to them in this section.
"City"
means the city of Rio Vista.
"Clerk"
means the city clerk of the city.
"Commercial facility"
means any premises which is not an industrial or residential facility.
"Council"
means the city council of the city.
"Industrial facility"
means any premises used for manufacturing, processing or other industrial purpose.
"Manager"
means the city manager.
"Premises"
means any structure used as a place of business or for education, recreation or other purpose or any unit, room or suite of rooms of such a structure containing plumbing fixtures.
"Residential facility"
means either a single-family or multifamily residence, which are defined as follows:
1. 
"Single-family"
refers to any single-family residence, mobilehome, duplex, or other detached structure.
2. 
"Multifamily"
means a residential project containing three or more attached dwelling units, including apartments, condominiums, and townhouses, except for townhouses that are single-family dwellings.
(Prior code § 22-1.2; Ord. 644 § 2, 2009)
Monthly sewer service charges are established for each facility which has a sewer connection with the sanitation sewerage works of the city or which discharges sewage that ultimately passes through such works. The schedule of charges may be reviewed or modified at any time by action of the city council, in accordance with applicable state and city regulations governing the passage of ordinances concerned with charges for municipal services.
(Prior code § 22-2.1)
Note: Former § 13.08.040, Amount of charge, derived from Ord. 644; and Ord. 666, was repealed by Ord. 017-2025, 6/17/2025.
The city council shall set the monthly rates for sewer service charges by ordinance or resolution. The failure to pay any charge shall constitute a violation of this chapter.
(Ord. 017-2025, 6/17/2025)
It is found and determined that excessive inflow and infiltration of stormwater into the sanitation sewerage facilities of the city damages and burdens the facilities and results in the perpetuation of unsafe and hazardous conditions in, and uneconomic and inefficient maintenance and operation of, the facilities. Based upon this finding there is established a monthly charge in the amount of forty-five cents ($0.45) upon facilities subject to the charges specified in Sections 13.08.030 through 13.08.050 and in addition to such charges. The proceeds of such charges shall be used for maintenance, operation, acquisition, construction and betterment of storm drains and sewerage facilities within the corporate limits of the city.
(Prior code § 22-2.5)
It is found and determined that facilities within the corporate limits of the city, through the payment of ad valorem taxes, contribute an amount to acquisition, construction, maintenance and operation costs of city sanitation sewerage works not contributed by facilities outside of such corporate limits which use city sanitation sewerage works and that the contribution of users to payment of such costs is therefor inequitable. Based upon such findings, the monthly charge to be paid by facilities located outside of the corporate limits of the city may be set at an amount higher than the monthly charge paid by such facilities inside the city limits; provided, however, that facilities outside of the corporate limits of the city shall not be responsible for payment of the additional charge specified in Section 13.08.060.
(Ord. 644 § 5, 2009)
Effective October 1, 2000, the amount of the connection charge for new facilities shall be as follows:
A. 
For each new residential facility, $6,158.
B. 
Commercial and industrial facilities shall be calculated in accordance with Table 3 of this section:
Table 3
Commercial Sewer Connection Fee Calculations (effective October 1, 2000)1
Commercial Classification2
Strength Factor3
Connection Fee Formula
Domestic Strength
1.00
$6,158 x projected flow / 250 gpd
Professional offices
 
 
Hospitals
 
 
Convalescent homes
 
 
Hotels / motels without dining facilities
 
 
Repair shops and service stations
 
 
Markets without garbage disposal
 
 
Low Strength
0.90
$5,543 x projected flow / 250 gpd
Schools
 
 
Laundromats
 
 
Car washes
 
 
High Strength
1.60
$9,853 x projected flow / 250 gpd
Restaurants
 
 
Bakeries
 
 
Mortuaries
 
 
Hotel/motels with dining facilities
 
 
Industrial (To be determined by city engineer on a case by case basis)
 
 
1
For sewer treatment plant capacity.
2
Classification based on State Water Resources Control Board standard loadings. Classification may include other customers as determined by the city's engineer.
3
Strength factors based on State Water Resources Control Board standard loadings.
C. 
The connection charge for new recreational vehicle pads shall be determined by the city manager, based upon estimated flows and length of occupancy, subject to approval by city council. In no event shall a connection charge for a single recreational vehicle pad exceed the amount applicable to new residential facility.
D. 
In the event that the quantity or quality of waste discharge by a commercial or industrial facility is of such a character that it will impose a more than normal maintenance burden on the sewage collection and treatment system, then the amount of the connection charge for such commercial or industrial facility shall be determined by the city manager, subject to approval by the city council.
In addition to the connection charges set forth hereinabove, there shall be established a collection system fee. The fee shall be established by dividing the cost of sewer lines by the total number of units served. The fee shall be $924, based upon the cost and capacity of providing collection facilities for new development. New collection system fees shall be established by the city council from time to time as the same becomes necessary.
The city council shall have the power to negotiate industrial and commercial sewer connection charges and said negotiated fees shall take preference over any other rate herein set forth.
(Prior code § 22-2.8; Ord. 573 § 1, 2000)
Each year, commencing on July 1, 2001 and continuing thereafter on each July 1st, the connection charge shall be adjusted by an increment based on the change in the Engineering News-Record Construction Cost Index for San Francisco over the prior year.
However, the city council may as its option determine, by ordinance adopted prior thereto, that such adjustment shall not be effective for the next succeeding year, or may determine other amounts as appropriate.
(Prior code § 22-2.10; Ord. 573 § 3, 2000)
Computations and determinations required under this article shall be made by the city manager. In the event that any person is dissatisfied with any computation or determination made by the city manager under such sections, appeal therefrom may be taken within 15 days after receipt of the billing of a charge based upon such computation or determination. Such appeal shall be made by filing written notice of appeal, stating the grounds thereof, with the city council. This section does not authorize rate changes.
A. 
Adjustments to metered school, park or cemetery water amounts used to calculate sewer billing may be adjusted to deduct water used solely for irrigation by owners installing a city approved meter(s) so as to isolate and separately account for irrigation water going through the master meter.
B. 
If the installation of a meter as described in subsection A of this section is unfeasible due to cost or complexity of pipe systems, an adjustment shall be accomplished through the use of an estimate of the metered water used solely for irrigation. Such estimate must be supported with calculation work sheets and certified by a registered civil engineer at the owner's expense. Such estimate shall be subject to annual review.
(Prior code § 22-2.11)
The service charges established pursuant to Sections 13.08.040 through 13.08.060 shall not be levied upon a facility, other than individual rooms or suites of rooms in a hotel or motel, unoccupied for a period of 30 or more days; provided, however, that the owner or other person responsible for payment of the charges levied pursuant hereto provides written notice to the clerk of the proposed vacancy at least five days in advance thereof.
(Prior code § 22-2.12)
Sewer service charges established pursuant to this chapter shall be collected with the rates for water utility service rendered by the city and shall be billed with the regular monthly water bill of the city; provided, that facilities not receiving water service shall be billed separately at the same time as the water users within the city.
(Prior code § 22-3.1)
The property owner shall be responsible for all bills for sewer used on the property owner's premises and any and all unpaid bills for sewer service shall become a lien on the real property and may be collectible by legal action.
(Prior code § 22-3.2)
As an alternative to the procedure established by Section 13.08.130 the city council may by ordinance approve by a two-thirds vote of the members thereof, elect to have the current and/or delinquent sewer service charges of the city collected on the tax roll in the same manner, by the same persons, and of the same time as, together with and not separately from, the general taxes of the city. In the event of such election, the procedures prescribed by Sections 5473 through 5473a of the Health and Safety Code as amended from time to time shall apply.
(Prior code § 22-3.3)
Connection charges shall be due and payable at the time necessary building permits are obtained or, where no building permit is required, prior to actual connection to the city sanitation sewerage works. For mobilehome parks, connection charges shall be paid, prior to the time of the first connection of a mobilehome space, for the total number of mobilehome spaces permitted by the terms of the use of equivalent permit for the mobilehome park. The charge to be paid is the charge that is applicable at the time that the charge is paid and the permit obtained.
(Prior code § 22-3.4)
All charges (other than sewer service charges for which provision is made, prior to delinquency, for collection thereof on the tax rolls on which general city taxes are collected) which are not paid within one month following the date such charge was due and payable shall be delinquent and a penalty of 10% of the charge shall be imposed one month following the date such charge was due and payable.
(Prior code § 22-4.1)
If charges remain delinquent for a period of 30 days, the charges shall constitute a lien against the lot or parcel of land against which same was imposed, upon recording thereof with the city clerk. Such lien shall have the force, effect and priority of a judgment lien and shall continue for three years from the time of recording unless sooner released or otherwise discharged. A statement of the city's bills to each property owner shall give notice of the lien provided by this section.
(Prior code § 22-4.2)
The city may collect unpaid charges by suit, in which event it shall have judgment for the cost of suit and reasonable attorneys' fees.
(Prior code § 22-4.3)
The city may disconnect any facility from the sewer system if charges are not paid after they shall have become delinquent. The city manager shall estimate the cost of disconnection of such facility and the cost of reconnection thereto, and the owner of such facility shall deposit the cost as estimated of disconnection and reconnection before such facility can be reconnected to the sewer system. In the event such arrearages are paid and the facility is reconnected to the sewer system, the city manager shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection. Upon reconnection, the owner shall also be required to make a deposit in an amount equal to the minimum charge for a two-month period for the sewer service. When the service is later discontinued, the two-month deposit shall be returned to the applicant, before which, however, any arrears shall be first deducted from the deposit.
(Prior code § 22-4.4)
During the period of nonconnection or disconnection, habitation of such facility by human beings shall constitute a public nuisance, whereupon the city council shall cause proceedings to be brought for the abatement of the occupancy of the facility by the human beings. In such event, and as a condition of connection or reconnection, there shall be paid to the city reasonable attorneys' fees and costs of suit arising in the action.
(Prior code § 22-4.5)
In the event any bill for sewer service charges remains unpaid in whole or part, for a period of one month, the city manager shall cause to have issued written notice of such delinquency to the property owner and the consumer facility by first class mail. If such overdue sewer bill has not been paid within 10 days after such notice, the city manager shall turn off and disconnect and discontinue city water service to the facility. Thereafter such service shall not be reconnected until the full charge including penalties and all sums owing are paid and in addition thereto, a charge of $25, is paid to the city for reconnection of the city water service.
(Prior code § 22-4.6)
The city may provide otherwise for the collection of delinquent charges. All remedies herein provided for their enforcement and collection are cumulative and may be pursued alternatively as the city determines.
(Prior code § 22-4.7)
A. 
Purpose and Policy. This chapter sets forth uniform requirements for users, as defined herein, of the publicly owned treatment works ("POTW") for the city of Rio Vista, California ("city") and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code [U.S.C.] Section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403). The objectives of this chapter are:
1. 
To prevent the introduction of pollutants into the POTW that will interfere with its operation;
2. 
To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;
3. 
To protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
4. 
To enable the city to comply with its National Pollutant Discharge Elimination System ("NPDES") permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject.
This chapter shall apply to all users of the POTW. This chapter provides the authority for the city to condition or deny any and/or all discharges into the city's POTW. This chapter authorizes the issuance of wastewater discharge permits, provides for monitoring, compliance, and enforcement activities, establishes administrative review procedures, and requires user reporting.
B. 
Administration. Except as otherwise provided herein, the public works director, or delegate, shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the public works director may be delegated by the public works director to a duly authorized city employee or contractor.
C. 
Abbreviations. The following abbreviations, when used in this chapter, shall have the designated meanings:
BOD – Biochemical Oxygen Demand
BMP – Best Management Practice
BMR – Baseline Monitoring Report
CFR – Code of Federal Regulations
CIU – Categorical Industrial User
COD – Chemical Oxygen Demand
EPA – U.S. Environmental Protection Agency
gpd – gallons per day
IU – Industrial User
mg/L – milligrams per liter
NIOSH – National Institute of Occupational Safety and Health
NPDES – National Pollutant Discharge Elimination System
NSCIU – Non-Significant Categorical Industrial User
POTW – Publicly Owned Treatment Works
RCRA – Resource Conservation and Recovery Act
SIU – Significant Industrial User
SNC – Significant Noncompliance
TSS – Total Suspended Solids
U.S.C. – United States Code
D. 
Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.
Act or the Act.
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.
Approval Authority.
The California State Regional Water Quality Control Board, Central Valley Region.
Authorized or Duly Authorized Representative of the User.
a. 
If the user is a corporation:
i. 
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
ii. 
The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
b. 
If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
c. 
If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
d. 
The individuals described in paragraphs a through c, above, may designate a duly 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 written authorization is submitted to the city.
Biochemical Oxygen Demand (BOD).
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/L).
Best Management Practices (BMPs).
The schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 13.08.251(A)(1) and (2) of this chapter. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. [Note: BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical pretreatment standards and effluent limits.]
Categorical Pretreatment Standard or Categorical Standard.
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. Section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.
Categorical Industrial User (CIU).
An industrial user subject to a categorical pretreatment standard or categorical standard.
City, the City of Rio Vista, or the City Council of Rio Vista.
The governmental entity, or the person delegated to represent the city in the implementation and enforcement of this chapter.
Chemical Oxygen Demand (COD).
A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
Control Authority.
The city of Rio Vista.
Daily Maximum.
The arithmetic average of results of all effluent samples for a pollutant collected during a calendar day.
Daily Maximum Limit.
The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
Environmental Protection Agency or EPA.
The United States Environmental Protection Agency or, where appropriate, the regional water management division director, the regional administrator, or other duly authorized official of said agency.
Existing Source.
Any source of discharge that is not a "new source."
Grab Sample.
A sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
Indirect Discharge or Discharge.
The introduction of pollutants into the POTW from any nondomestic source.
Instantaneous Limit.
The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
Interference.
A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued hereunder, or any more stringent state or local regulations; Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
Local Limit.
Specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR Part 403.5(a)(1) and (b).
Medical Waste.
Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
Monthly Average.
The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
Monthly Average Limit.
The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
New Source.
a. 
Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
i. 
The building, structure, facility, or installation is constructed at a site at which no other source is located; or
ii. 
The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
iii. 
The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
b. 
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
c. 
Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
i. 
Begun, or caused to begin, as part of a continuous onsite construction program:
(A) 
Any placement, assembly, or installation of facilities or equipment, or
(B) 
Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
ii. 
Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.
Non-Contact Cooling Water.
Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
Pass Through.
A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation.
Person.
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, and local governmental entities.
pH.
A measure of the acidity or alkalinity of a solution, expressed in standard units.
Pollutant.
Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural, and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, total suspended solids [TSS], turbidity, color, BOD, COD, toxicity, or odor).
Pretreatment.
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
Pretreatment Requirements.
Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
Pretreatment Standards or Standards.
Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
Prohibited Discharge Standards or Prohibited Discharges.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 13.08.251 of this chapter.
Publicly Owned Treatment Works (POTW).
A treatment works, as defined by Section 212 of the Act (33 U.S.C. Section 1292), which is owned by the city. This definition includes any devices and systems used in the collection, storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
Regional Board.
The California State Regional Water Quality Control Board, Central Valley Region.
Septic Tank Waste.
Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
Sewage.
Human excrement and gray water (household showers, dishwashing operations, etc.).
Significant Industrial User (SIU).
Except as provided in paragraphs c and d below, an SIU is:
a. 
An industrial user that:
i. 
Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater),
ii. 
Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or
iii. 
Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement;
b. 
Categorical Industrial User.
An industrial user subject to categorical pretreatment standards; or
c. 
Non-Significant Categorical Industrial User.
The city may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user ("NSCIU") rather than an SIU on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
i. 
The industrial user, prior to the city's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
ii. 
The industrial user annually submits the certification statement required in Section 13.08.255(M) [see 40 CFR Part 403.12(q)], together with any additional information necessary to support the certification statement; and
iii. 
The industrial user never discharges any untreated concentrated wastewater.
d. 
Upon a finding that a user meeting the criteria in paragraph a of this subsection has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR Part 403.8(f)(6), determine that such user should not be considered an SIU.
Slug Load or Slug Discharge.
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 13.08.251 of this chapter. A slug discharge is 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 POTW's regulations, local limits or NPDES permit conditions.
Storm Water.
Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
Total Suspended Solids or Suspended Solids (TSS).
The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
User.
A source of discharge to the POTW.
Wastewater.
Liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
Wastewater Treatment Plant or Treatment Plant.
That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
(Ord. 006-2022 § 2)
A. 
Prohibited Discharge Standards.
1. 
General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other federal, state, or local pretreatment standards or requirements.
2. 
Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
a. 
Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR Part 261.21. Closed-cup flashpoint values may be found in the National Institute of Occupational Safety and Health ("NIOSH") Pocket Guide to Chemical Hazards;
b. 
Wastewater having a pH less than 5.0 or more than 10.0, or otherwise causing corrosive structural damage to the POTW or equipment;
c. 
Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in Interference but in no case solids greater than one half inch in any dimension;
d. 
Pollutants, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
e. 
Wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees F (40 degrees C);
f. 
Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;
g. 
Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
h. 
Trucked or hauled pollutants, except at discharge points designated by the city.
3. 
Process and Storage. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.
B. 
National Categorical Pretreatment Standards. Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 to 471.
C. 
State Pretreatment Standards. Users must comply with state pretreatment standards.
D. 
Local Limits.
1. 
Numerical Discharge Limitations.
a. 
The following local discharge limits are established to protect against pass through and interference. These numeric discharge limits apply at the point where the wastewater is discharged into the POTW (i.e., "end-of-pipe"). The city may impose mass limitations in addition to, or in place of, the concentration-based limits. Where a user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply.
No user shall discharge wastewater containing pollutants in excess of the following concentrations as daily maximums:
Pollutant
Daily Maximum Concentration
(mg/L)
Ammonia (as nitrogen)
50.0
Arsenic
0.5
Biochemical oxygen demand (BOD)
400
Cadmium
0.02
Chromium (total)
0.01
Copper
0.5
Cyanides
0.1
Lead
0.5
Mercury
0.001
Nickel
0.2
Selenium
5.0
Silver
0.05
Total suspended solids (TSS)
400
Zinc
1.0
b. 
Fat, Oil and Grease (FOG). No user shall discharge wastewater containing concentrations of fats, oils and greases (FOG) greater than 100 mg/L without meeting one of the following:
i. 
Compliance with city's FOG grease trap/interceptor best management program; or
ii. 
Obtaining a site-specific discharge limit (concentration based or mass based) to prevent pass through or interference of the POTW. FOG limits under this provision, shall be issued under a wastewater discharge permit as authorized under this chapter.
FOG is defined as the n-Hexane Extractable Material (HEM) measured in the EPA Method 1664. FOG represents all sources of fats, oils and greases, including those of animal, vegetable, mineral spirit, and petroleum origin.
c. 
Oil and Grease (O&G). No user shall discharge wastewater containing concentrations of oil and grease greater than 50 mg/L without meeting one of the following:
i. 
Developing and implementing a best management program to prevent the introduction of petroleum-based oils and greases in amounts that will cause pass through or interference of the POTW; or
ii. 
Obtaining a site-specific discharge limit (concentration based or mass based) to prevent pass through or interference of the POTW. O&G limits under this provision shall be issued under a wastewater discharge permit as authorized under this chapter.
O&G is defined as the material measured in EPA Method 1664 following silica gel treatment, n-Hexane Extractable Material. O&G represents only those fats, oils and greases of mineral spirit origin. It does not include fats, oils, and greases of animal or vegetable origin, or the light oils of petroleum origin.
d. 
Total Dissolved Solids (TDS). No user shall discharge wastewater containing concentrations of TDS greater than 800 mg/L without meeting one of the following:
i. 
Developing and implementing a best management program to minimize the TDS pollutants in the user's discharge; or
ii. 
Obtaining a site-specific discharge limit (concentration based or mass based) to prevent pass through or interference of the POTW. TDS limits under this provision shall be issued under a wastewater discharge permit as authorized under this chapter. The city may, in addition to, or in-place of, TDS limits, establish concentrationor mass-based limits on specific constituents of TDS.
2. 
Best Management Practices. The city may require users to develop and implement Best Management Practices (BMPs) to comply with the provisions of subsections A and D of this section. BMPs implemented under this paragraph shall become the local limit and enforced as a pretreatment standard.
E. 
City's Right of Revision. The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. The city reserves the right to establish discharge limitation on pollutants not listed in this chapter, if in the opinion of the city the pollutant(s) in question have the potential to have an adverse impact on the POTW.
F. 
Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The city may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(Ord. 006-2022 § 2)
A. 
Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions established under this chapter within the time limitations specified by EPA, the state, or the city, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this chapter.
B. 
Additional Pretreatment Measures.
1. 
Whenever deemed necessary, the city may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.
2. 
The city may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
3. 
Grease, oil, and sand interceptors shall be provided when, in the opinion of the city, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the city, shall comply with the fat, oil and grease source control limitations included in this chapter, and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired in accordance with by the user at their expense.
4. 
Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
C. 
Accidental Discharge/Slug Discharge Control Plans. The city shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The city may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the city may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
1. 
Description of discharge practices, including non-routine batch discharges;
2. 
Description of stored chemicals;
3. 
Procedures for immediately notifying the city of any accidental or slug discharge, as required by Section 13.08.255(I) and (J) of this chapter; and
4. 
Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(Ord. 006-2022 § 2)
A. 
Wastewater Analysis. When requested by the city, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. The city may periodically require users to update this information.
B. 
Wastewater Discharge Permit Requirement.
1. 
No SIU shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the city, except that an existing SIU that has filed a timely application pursuant to subsection E of this section may continue to discharge for the time period specified therein.
2. 
The city may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.
3. 
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Sections 13.08.259 through 13.08.262 of this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
C. 
Wastewater Discharge Permitting—Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the city for a wastewater discharge permit in accordance with subsection E of this section, and shall not cause or allow discharges to the POTW to continue after 120 days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the city.
D. 
Wastewater Discharge Permitting—New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with subsection E of this section, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
E. 
Wastewater Discharge Permit Application Contents.
1. 
All users required to obtain a wastewater discharge permit must submit a permit application. The city may require users to submit all or some of the following information as part of a permit application:
a. 
Identifying Information.
i. 
The name and address of the facility, including the name of the operator and owner.
ii. 
Contact information, description of activities, facilities, and plant production processes on the premises.
b. 
Environmental Permits. A list of any environmental control permits held by or for the facility.
c. 
Description of Operations.
i. 
A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes;
ii. 
Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
iii. 
Number and type of employees, hours of operation, and proposed or actual hours of operation;
iv. 
Type and amount of raw materials processed (average and maximum per day);
v. 
Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.
d. 
Time and duration of discharges.
e. 
The location for monitoring all wastes covered by the permit;
f. 
Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula.
g. 
Measurement of Pollutants.
i. 
The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.
ii. 
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the city, of regulated pollutants in the discharge from each regulated process.
iii. 
Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
iv. 
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 13.08.256(C) of this chapter. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the city or the applicable standards to determine compliance with the standard.
v. 
Sampling must be performed in accordance with procedures set out in Section 13.08.256(D) of this chapter.
h. 
Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on the analytical monitoring for that pollutant over 12 consecutive months without detecting the pollutant at the minimum level established by the state in the city's NPDES permit.
i. 
Any other information as may be deemed necessary by the city to evaluate the permit application.
2. 
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
F. 
(Reserved)
G. 
Application Signatories and Certifications.
1. 
All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement required by Section 13.08.255(M).
2. 
If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the city prior to or together with any reports to be signed by an authorized representative.
3. 
A facility determined to be an NSCIU by the city must annually submit the signed certification statement required by Section 13.08.255(M).
H. 
Wastewater Permit Decisions. The city will evaluate the data furnished by the user and may require additional information. Within 45 days of receipt of a complete permit application, the city will determine whether to issue a wastewater discharge permit. The city may deny any application for a wastewater discharge permit.
(Ord. 006-2022 § 2)
A. 
Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the city. Each wastewater discharge permit must indicate a specific date upon which it will expire.
B. 
Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the city to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker and public health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
1. 
Wastewater discharge permits must contain:
a. 
A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;
b. 
A statement that the wastewater discharge permit is nontransferable without prior notification to the city, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit or a modified wastewater discharge permit issued in accordance with subsection D;
c. 
Effluent limits, including BMPs, based on applicable pretreatment standards;
d. 
Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or BMPs) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;
e. 
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 13.08.255(D)(2);
f. 
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law;
g. 
Requirements to control slug discharge, if determined by the city to be necessary; and
h. 
Any grant of the monitoring waiver by the city (Section 13.08.255(D)(2)) must be included as a condition in the user's wastewater discharge permit.
2. 
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
a. 
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
b. 
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW;
c. 
Requirements for the development and implementation of spill control plans or other special conditions including BMPs necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
d. 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
e. 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
f. 
Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
g. 
A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit;
h. 
A compliance schedule for obtaining compliance to the terms and conditions of permit, including the construction of pretreatment systems needed to attain full compliance, even if the original pretreatment system was designed to meet compliance but failed to perform as designed and modifications are required to meet full compliance; or
i. 
Other conditions as deemed appropriate by the city to ensure compliance with this chapter, and state and federal laws, rules, and regulations.
C. 
Permit Issuance Process.
1. 
The city is not required to provide public notice of wastewater permit issuance.
2. 
Permit Appeals. The user may petition the city to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance ("request for reconsideration").
a. 
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
b. 
In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
c. 
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
d. 
If the city fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
e. 
Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Solano County Superior Court within 60 days of the effective date of the wastewater discharge permit.
D. 
Permit Modification. The city may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
1. 
To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
2. 
To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the wastewater discharge permit issuance;
3. 
A change in the POTW 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 POTW, personnel, or the receiving waters;
5. 
Violation of any terms or conditions of the wastewater discharge permit;
6. 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
7. 
To correct typographical or other errors in the wastewater discharge permit; or
8. 
To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with subsection E.
E. 
Wastewater Discharge Permit Transfer. Wastewater discharge permits shall not be transferred to a new owner or operator. A new owner or operator must submit a wastewater discharge permit application at least ninety (90 days) prior to initiating discharge to the POTW.
F. 
Wastewater Discharge Permit Revocation. The city may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
1. 
Failure to notify the city of changes to the wastewater prior to the changed discharge;
2. 
Failure to provide prior notification to the city of changed conditions pursuant to Section 13.08.255(E) of this chapter;
3. 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
4. 
Falsifying self monitoring reports and certification statements;
5. 
Tampering with monitoring equipment;
6. 
Refusing to allow the city timely access to the facility premises and records;
7. 
Failure to meet effluent limitations;
8. 
Failure to pay fines;
9. 
Failure to pay sewer charges;
10. 
Failure to meet compliance schedules;
11. 
Failure to complete a wastewater survey or the wastewater discharge permit application;
12. 
Failure to provide advance notice of the transfer of business ownership of a permitted facility;
13. 
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter;
14. 
Wastewater discharge permits shall be void able upon cessation of operations or transfer of business ownership; or
15. 
All wastewater discharge permits issued to a user are void upon the issuance of a new wastewater discharge permit to that user.
G. 
Wastewater Discharge Permit Renewal. Users with an expiring wastewater discharge permit shall apply for wastewater discharge permit renewal by submitting a complete permit application, in accordance with Section 13.08.253 of this chapter, no less than 60 days prior to the expiration of the user's existing wastewater discharge permit.
(Ord. 006-2022 § 2)
A. 
Baseline Monitoring Reports.
1. 
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR Part 403.6(a)(4), whichever is later, existing CIUs currently discharging to or scheduled to discharge to the POTW shall submit to the city a report which contains the information required by subsection (A)(2). At least 90 days prior to commencement of their discharge, new sources, and sources that become CIUs subsequent to the promulgation of an applicable categorical standard, shall submit to the city a report which contains the information listed in subsection (A)(2), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
2. 
Users described above shall submit the information set forth below:
a. 
All information required in the user's wastewater discharge permit and as required in the categorical pretreatment standards.
b. 
Measurement of Pollutants.
i. 
The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph;
ii. 
Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR Part 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR Part 403.6(e) this adjusted limit along with supporting data shall be submitted to the city;
iii. 
Sampling and analysis shall be performed in accordance with Section 13.08.256;
iv. 
The city may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
v. 
The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
c. 
Compliance Certification. A statement, reviewed by the user's authorized representative as defined in Section 13.08.250(D). and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
d. 
Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in subsection B of this section.
e. 
Signature and Report Certification. All baseline monitoring reports must be certified in accordance with subsection M of this section and signed by an authorized representative as defined in Section 13.08.250(D)(3) of this chapter.
B. 
Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by Sections 13.08.253 and 13.08.259(D) of this chapter:
1. 
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
2. 
No increment referred to above shall exceed nine months;
3. 
The user shall submit a progress report to the city no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
4. 
In no event shall more than nine months elapse between such progress reports to the city.
C. 
Reports on Compliance with Categorical Pretreatment Standard Deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in Section 13.08.253(E). of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 13.08.251(B), this report shall contain a reasonable measure of the user's long term production rate. For all other 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 subsection M of this section. All sampling will be done in conformance with Section 13.08.256.
D. 
Periodic Compliance Reports.
1. 
All SIUs are required to submit periodic compliance reports even if they have been designated a NSCIU under the provisions of Section 13.08.253. Except as specified in subsection (D)(2), all SIUs must, at a frequency determined by the city, submit no less than twice per year (July and January, or on dates specified) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the city or the pretreatment standard necessary to determine the compliance status of the user.
2. 
The city may authorize a CIU to forego sampling of a pollutant regulated by a categorical pretreatment standard if the user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the user. This authorization is subject to the following conditions:
a. 
The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
b. 
The monitoring waiver is valid only for the duration of the effective period of the wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent wastewater discharge permit.
c. 
In making a demonstration that a pollutant is not present, the user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
d. 
The request for a monitoring waiver must be signed in accordance with, and include the certification statement in subsection M (40 CFR Part 403.6(a)(2)(ii)).
e. 
Non-detectable sample results may be used only as a demonstration that a pollutant is not present if an EPA-approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
f. 
Any grant of the monitoring waiver by the city must be included as a condition in the user's wastewater discharge permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the city for three years after expiration of the waiver.
g. 
Upon approval of the monitoring waiver and revision of the user's wastewater discharge permit by the city, the user must certify on each report with a statement that there has been no increase in the pollutant in its waste stream due to activities of the user.
h. 
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of the permit or other more frequent monitoring requirements imposed by the city and notify the city.
i. 
This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
3. 
All periodic compliance reports must be signed and certified in accordance with subsection M of this section.
4. 
All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
5. 
If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city, using the procedures prescribed in Section 13.08.256 of this chapter, the results of this monitoring shall be included in the report.
E. 
Reports of Changed Conditions. Each user must notify the city of any changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 15 days before the change.
1. 
The city may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 13.08.253 of this chapter.
2. 
The city may issue a wastewater discharge permit under Section 13.08.254 of this chapter or modify an existing wastewater discharge permit under Section 13.08.254(D) of this chapter in response to changed conditions or anticipated changed conditions.
F. 
Reports of Potential Problems.
1. 
In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the city of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
2. 
Within five days following such discharge, the user shall, unless waived by the city, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
3. 
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in paragraph 1, above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
4. 
SIUs are required to notify the city immediately of any changes at its facility affecting the potential for a slug discharge.
G. 
Reports from Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the city as the city may require.
H. 
Notice of Violation/Repeat Sampling and Reporting. If sampling performed by a user indicates a violation, the user must notify the city within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within 30 days after becoming aware of the violation. Re-sampling by the user is not required if the city performs sampling at the user's facility at least once a month, or if the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling, or if the city has performed the sampling and analysis in lieu of the user.
If the city performed the sampling and analysis in lieu of the user, the city will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis.
I. 
Notification of the Discharge of Hazardous Waste.
1. 
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA regional waste management division director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subsection E of this section. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of subsection B of this section.
2. 
Dischargers are exempt from the requirements of paragraph 1, above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR Parts 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR Parts 261.30(d) and 261.33(e), requires a one time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
3. 
In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the city, the EPA regional waste management waste division director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
4. 
In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
5. 
This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued there under, or any applicable federal or state law.
J. 
Reporting Spills and Slug Discharges.
1. 
The user is required to immediately report a chemical spill and/or a slug discharge to the city wastewater treatment plant. This notification shall include the location of the discharge, type of waste, concentration, and volume, if known, and corrective actions taken by the user.
2. 
Within five days following such discharge, the user shall, unless waived by the city, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
3. 
SIUs are required to notify the city immediately of any changes at its facility affecting the potential for a slug discharge.
K. 
Date of Receipt of Reports. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
L. 
Recordkeeping. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with BMPs established under Section 13.08.251(D)(2). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the city.
M. 
Certification Statements.
1. 
Certification of Permit Applications, User Reports, and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by users submitting wastewater discharge permit applications in accordance with Section 13.08.253; users submitting baseline monitoring reports under subsection A; users submitting reports on compliance with the categorical pretreatment standard deadlines under subsection C; users submitting periodic compliance reports required by subsection D; and users submitting an initial request to forego sampling of a pollutant on the basis of Section 13.08.254(D). The following certification statement must be signed by an Authorized Representative as defined in Section 13.08.250(D).
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
2. 
Annual Certification for NSCIUs—A facility determined to be an NSCIU by the city pursuant to Section 13.08.250(D). must annually submit the following certification statement signed in accordance with the signatory requirements in subsection M. This certification must accompany an alternative report required by the city:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR Part ________, I certify that, to the best of my knowledge and belief that during the period from ________, ________ to ________, ________ [months, days, year]:
(a)
The facility described as ________[facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 13.08.250(D) of the city of Rio Vista Municipal Code;
(b)
The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and
(c)
The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information.
_______________________________________________
_______________________________________________"
3. 
Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on subsection (D)(2) must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR Part ________[specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ________[list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 13.08.255(D) of the city of Rio Vista Municipal Code."
(Ord. 006-2022 § 2)
A. 
Right of Entry—Inspection and Sampling. The city shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
1. 
Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city shall be permitted to enter without delay for the purposes of performing specific responsibilities.
2. 
The city shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
3. 
The city may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
4. 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the city and shall not be replaced. The costs of clearing such access shall be borne by the user.
5. 
Unreasonable delays in allowing the city access to the user's premises shall be a violation of this chapter.
B. 
Search Warrants. If the city has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the city may seek issuance of a search warrant from the Solano County Superior Court.
C. 
Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Central Valley Water Board determines that the 40 CFR Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the city or other parties approved by the Central Valley Water Board.
D. 
Sample Collection.
1. 
Representative Samples. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
2. 
Except as indicated in paragraphs 3 and 4 below, the user must collect wastewater samples using 24 hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the city. Where time proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24 hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
3. 
Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
4. 
For sampling required in support of baseline monitoring and 90 day compliance reports required in Section 13.08.255(C), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the city may authorize a lower minimum. For the reports required by Section 13.08.255(D), the user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
(Ord. 006-2022 § 2)
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the city's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the city, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR Part 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.
(Ord. 006-2022 § 2)
The city shall publish annually, in a newspaper of general circulation that provides public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.
The term significant noncompliance shall be applicable to all SIUs (or any other user that violates subsection C, D or H of this section) and shall mean:
A. 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in Section 13.08.251;
B. 
Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as specified in Section 13.08.251 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C. 
Any other violation of a pretreatment standard or requirement as defined by Section 13.08.251 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the city determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
D. 
Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the city's exercise of its emergency authority to halt or prevent such a discharge;
E. 
Failure to meet, within 90 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 45 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; or
H. 
Any other violation(s), which may include a violation of BMPs, which the city determines will adversely affect the operation or implementation of its pretreatment program.
(Ord. 006-2022 § 2)
A. 
Notification of Violation. When the city 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 city may serve upon that user a written notice of violation. Within 30 days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the city. Submission of such a 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 any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
B. 
Consent Orders. The city may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall 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 subsections D and E herein and shall be judicially enforceable.
C. 
Show Cause Hearing. The city 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 city 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 (return receipt requested) at least 30 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in Section 13.08.250(D) and required by Section 13.08.253. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
D. 
Compliance Orders. When the city 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 city 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 BMPs 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.
E. 
Cease and Desist Orders. When the city 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 that the user's past violations are likely to recur, the city may issue an order to the user directing it to cease and desist all such violations and directing the user to:
1. 
Immediately comply with all requirements; and
2. 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
F. 
Administrative Fines.
1. 
When the city 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 city may fine such user in an amount not to exceed $1,000 per violation, per day. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
2. 
Unpaid charges, fines, and penalties shall, after 60 calendar days, be assessed an additional penalty of 25% of the unpaid balance, and interest shall accrue thereafter at a rate of one percent per month. A lien against the user's property shall be sought for unpaid charges, fines, and penalties.
3. 
Users desiring to dispute such fines must file a written request for the city to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Subject to the city's sole discretion, where a request has merit, the city may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
4. 
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
G. 
Emergency Suspensions. The city may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The city may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
1. 
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the city may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The city may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings in subsection H of this section are initiated against the user.
2. 
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the city prior to the date of any show cause or termination hearing under subsection C or H of this section.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
H. 
Termination of Discharge. In addition to the provisions in this section of this chapter, any user who violates the following conditions is subject to discharge termination:
1. 
Violation of wastewater discharge permit conditions;
2. 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
3. 
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
4. 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or
5. 
Violation of the pretreatment standards in Section 13.08.251 of this chapter.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection C why the proposed action should not be taken. Exercise of this option by the city shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. 006-2022 § 2)
A. 
Injunctive Relief. When the city 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 city may petition the Superior Court of Solano County through the city's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
B. 
Civil Penalties.
1. 
A user who 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 shall be liable to the city for a maximum civil penalty of $1,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
2. 
The city may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
3. 
In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
4. 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
C. 
Criminal Prosecution.
1. 
A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than three years, or both.
2. 
A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000 or be subject to imprisonment for not more than three years, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
3. 
A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than three years, or both.
4. 
In the event of a second conviction, a user shall be punished by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than three years, or both.
D. 
Remedies Nonexclusive. The remedies provided for in this chapter are not exclusive. The city may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the city may take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user.
(Ord. 006-2022 § 2)
A. 
Performance Bonds. The city may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the city to be necessary to achieve consistent compliance.
B. 
Liability Insurance. The city may decline to issue or reissue a wastewater discharge to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.
C. 
Payment of Outstanding Fees and Penalties. The city may decline to issue or reissue a wastewater discharge permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder.
D. 
Water Supply Severance. 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 recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply.
E. 
Public Nuisances. A violation of any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the city. Any person(s) creating a public nuisance shall be subject to the provisions of the city of Rio Vista Municipal Code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance.
(Ord. 006-2022 § 2)
A. 
Pretreatment Charges and Fees. The city may adopt reasonable fees for reimbursement of costs of setting up and operating the city's pretreatment program, which may include:
1. 
Fees for wastewater discharge permit applications including the cost of processing such applications;
2. 
Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports and certification statements submitted by users;
3. 
Fees for reviewing and responding to accidental discharge procedures and construction;
4. 
Fees for filing appeals;
5. 
Fees to recover administrative and legal costs (not included in subsection (A)(2) of this section) associated with the enforcement activity taken by the city to address user noncompliance; and
6. 
Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the city.
B. 
Severability. If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.
(Ord. 006-2022 § 2)