Prior ordinance history: Ord. Nos. 76-13, § 7,
5-26-76; 82-97, § 7, 9-29-82; 89-24, § 1, 6-7-89;
89-38, § 1, 8-16-89; 90-35, § 1, 7-18-90.
This article sets forth requirements for the city to comply
with all applicable state and federal laws, including the Act and
the general pretreatment regulations (40 C.F.R. Part 403). The purpose
of this article is to prevent the introduction of pollutants that
interfere with the operation of the HARRF; prevent pass through at
HARRF; provide for the maximum possible beneficial public use of the
city's wastewater system, brine, and treatment facilities through
adequate regulations and permit requirements governing nonresidential
discharges; provide for equitable distribution of the city's costs;
promote reuse and recycling; and provide procedures for complying
with requirements placed upon the city by other regulatory agencies.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)
This article shall supersede all previous regulations and policies
of the city governing items covered in this article.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)
Editor's note — Ord. No. 2011-18, adopted
12-14-11, repealed § 22-171, pertaining to Definitions,
which derived from Ord. No. 95-8, § 1, 7-12-95; Ord. No.
2008-07; § 1, 2-27-2008.
(a) Industrial
users shall be categorized as one of the following classes:
(1) Class I—SIUs. Class I industrial users currently regulated by federal categorical pretreatment standards pursuant to 40 C.F.R. section 403.6 and 40 C.F.R. Chapter
I, Subchapter N, or any industrial users that discharge an average of 25,000 gpd or more of process wastewater to the HARRF, contribute a process wastestream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the HARRF, or is designated as such by the city on the basis that the industrial user has a reasonable potential for adversely affecting the HARRF's operation or for violating any pretreatment standard or requirement. All Class I SIUs are subject to permitting, inspection, and sampling requirements.
(2) Class II—Non-categorical non-SIUs. Class II industrial users
are those whose flow discharges are less than 25,000 gpd, consisting
of one(1) of the following subclasses:
(A) Class II-a: Pretreatment required. Class II-a industrial users are
non-SIU dischargers who are required to have pretreatment, usually
in the form of grease interceptors, grease traps, clarifiers, dental
amalgam separators, sand oil separators, silver recovery systems,
or any type of source control equipment. This classification primarily
consists of automotive service establishments, food service establishments,
and some industrial and commercial facilities.
(B) Class II-b: No pretreatment required. Class II-b industrial users
are non-SIU dischargers that have no potential to adversely affect
the wastewater treatment process or operation at the HARRF and do
not violate any pretreatment standard, prohibition, or requirement
of this chapter.
(3) Class III—Non-significant categorical industrial user. Class
III industrial users are those who are subject to a categorical pretreatment
standard for which the industrial user never discharges more than
100 gpd of total categorical wastewater (excluding sanitary, non-contact
cooling, and boiler blowdown wastewater), and who also meet the following
conditions:
(A) The industrial user has consistently complied with all applicable
categorical pretreatment standards and pretreatment requirements;
(B) The industrial user annually submits a certification statement required
by 40 C.F.R. section 403.12(q), together with any additional information
necessary to support the certification statement; and
(C) The industrial user never discharges any untreated concentrated wastewater.
(b) The
director may create additional classifications for industrial users.
The pretreatment requirements applicable to such classifications shall
comply with local, state, and federal laws. The director may, in accordance
with 40 C.F.R. section 403.3(v)(3), determine that an industrial user
that meets the criteria for a Class I industrial user (SIU), has no
reasonable potential for adversely affecting the HARRF or for violating
any pretreatment standards or pretreatment requirements, and, upon
such finding, the director may determine that the industrial user
is not a SIU. The director's power includes, but is not limited to,
issuing a zero discharge certification to zero discharge categorical
users. Zero discharge categorical users are industrial users subject
to federal pretreatment standards, as described in 40 C.F.R. section
405 et seq., have any connection to the sanitary sewer system; but
do not discharge wastewater from the categorical process to the sanitary
sewer. Such certifications shall include all information the director
deems necessary to ensure compliance with this chapter and all applicable
state and federal laws.
(c) Users
shall provide wastewater treatment as necessary to comply with this
chapter and shall achieve compliance with all pretreatment standards
and other prohibitions set out in this chapter within the time limits
specified by the 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 city's review of plans and operating procedures
shall in no way relieve the user from the responsibility of modifying
a facility as necessary to produce a discharge acceptable to the city
under the provisions of this chapter.
(d) 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 or consolidate points of discharge,
separate sewage wastestreams from industrial wastestreams, or other
conditions as may be necessary to protect the POTW and determine a
user's compliance with the requirements of this chapter.
(e) The
city may require any person discharging into the POTW to install and
maintain on the person's property and at the person's expense a suitable
storage and flow-control facility to ensure equalization of flow.
(f) All
non-domestic dischargers are required to have a current business license
with the city.
(g) SIU
and industrial users in significant noncompliance (SNC). A SIU (or
any other industrial user that violates subsection (3), (4), or (8)
below) is in SNC if its violation meets one or more of the following
criteria:
(1) 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 during a six month period exceed (by any magnitude)
a numeric pretreatment standard or pretreatment requirement, including
instantaneous limits;
(2) Technical review criteria (TRC) violations, defined here as those
in which 33% or more of all of the measurements taken for the same
pollutant parameter during a six month period equals or exceeds the
product of the numeric pretreatment standard or pretreatment requirement,
including instantaneous limits, multiplied by the applicable criteria
(1.4 for BOD, TSS, or FOG; and 1.2 for all other pollutants except
pH);
(3) Any other violation of a pretreatment standard or pretreatment requirement
pursuant to this chapter or as defined by 40 C.F.R. section 403.3(l),
including daily maximum limit, long-term average, instantaneous limit,
or narrative standard, that the director 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);
(4) Any discharge of a pollutant that has caused imminent endangerment
to the public or the environment, or has resulted in the director's
exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the scheduled date, a compliance
schedule milestone contained in an individual wastewater discharge
permit, local control mechanism, or enforcement order for starting
construction, completing construction, or attaining final compliance;
(6) Failure to provide, within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with pretreatment standard deadlines, periodic self-monitoring reports,
and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations, which may include a violation
of BMPs, that the director determines will adversely affect the operation
or implementation of the local pretreatment program.
(Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2018-01, § 10, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)
The following general prohibitions apply to all users of the
HARRF whether or not they are subject to categorical pretreatment
standards or any other national, state, or local pretreatment standards
or pretreatment requirements. No facility or person shall discharge,
deposit, or cause or allow to be discharged or deposited or passed
through into the city's wastewater system any wastewater containing
any wastewater, pollutant, material, or substance prohibited by section
22-37 of this chapter;
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2018-01 § 11, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)
(a) General
limitations. In addition to prohibited discharges as set forth in
section 22-173, no person shall otherwise discharge or convey, or
permit or allow to be discharged or conveyed, to the city wastewater
system any pollutants of such character or quantity that will:
(1) Not be susceptible to treatment or interfere with the process or
efficiency of the treatment system;
(2) Constitute a hazard to human or animal life, or to the stream or
watercourse receiving the treatment plant effluent;
(3) Violate any federal, state, or local pretreatment standard;
(4) Any material or quantity of material that will cause or have the
potential to cause the HARRF's effluent to exceed the concentration
limits of its NPDES permit as established by the RWQCB, and any subsequent
amendments as are duly adopted from time to time by the RWQCB.
(b) Local limits. In addition to the limitations specified in subsection
(a) above, the city's local limits shall apply to all discharges to the city's sewage system. The Local Limits may be allocated among industrial user classes or individual users as uniform or non-uniform concentration limits and mass loading limits. The industry being issued daily maximum concentrations may vary depending on the type of industry, flow, and loading that may impact the HARRF and will be issued limits applicable to that specific industry.
(c) Daily
maximum limits. The daily maximum limits of specific contaminants
that may be present in a user's discharge to the city sewage system
shall be set by resolution of the city council. It is unlawful to
discharge wastewater containing contaminants in excess of the daily
maximum limits set by resolution of the city council.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 97-34R, § 1, 1-21-98; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2018-01, § 12, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)
(a) It
is unlawful for any person to discharge or cause to be discharged
into any storm drain or stormwater channel or natural watercourse,
whether currently carrying water or not, or into any pipe or waterway
leading to such drain, channel, or watercourse, any solid or fluid
material that (1) will impair, or has the potential to impair, the
useful functioning of such drain, channel, or watercourse; (2) causes
expense to the city, or other public agency, in maintaining the proper
functioning of such drain, channel, or watercourse; (3) causes a public
nuisance or public hazard; or (4) causes detrimental pollution of
natural surface or subsurface waters.
(b) It
is unlawful for any person to deposit or discharge into any impermeable
sump, into any pit or well, onto the ground, or into any storm drain
or watercourse any material that, by seeping underground or by being
leached or by reacting with the soil, is detrimental to the usable
underground waters and exceeds the range of the effects of ordinary
nonindustrial land uses on underground waters into which such wastes
seep, or that violates any requirements of the RWQCB.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)
(a) A
wastewater discharge permit must be obtained by any industrial user
whose wastewater contains or may contain pollutants not normally found
or in concentrations in excess of those normally found in domestic
wastewater. Users requiring a wastewater discharge Permit shall include,
but not be limited to, the following categories:
(1) A user whose wastewater contains or may contain any substance that
would cause the wastewater to be considered a prohibited discharge
under this article;
(2) A user that meets the criteria set forth in 40 C.F.R. section 403.3,
is designated as a SIU, and is categorized as a Class I industrial
user pursuant to section 22-172(A)(1);
(3) Any other user determined by the director to require special regulation
or source control;
(b) A
non-domestic discharge of wastewater to the sewage system is prohibited
unless the discharger obtains a wastewater discharge permit or other
authorization to discharge from the city;
(c) Class
I and Class III industrial users are required to obtain a wastewater
discharge permit from the city prior to initiating discharge;
(d) The
director is authorized to make the determination as to which discharge
class the discharger will be assigned;
(e) The
director is authorized to require each discharger to submit a wastewater
discharge permit application in accordance with section 22-177; and
(f) Any
beer manufacturer, winegrower, brandy manufacturer, or distilled spirits
manufacturer must obtain a wastewater discharge permit prior to initiating
a discharge.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2014-11, § 2, 3-19-14; Ord. No. 2021-16, § 3, 10-27-21)
(a) No
user shall discharge wastewater into the city's POTW, or other wastewater
system without first obtaining an individual wastewater discharge
permit. The director may require users to obtain individual wastewater
discharge permits as necessary to carry out the purposes of this chapter.
(b) Any
violation of the terms and conditions of an individual wastewater
discharge permit shall be deemed a violation of this chapter. Obtaining
an individual wastewater discharge permit does not relieve a permittee
of its obligation to comply with all federal and state pretreatment
standards or pretreatment requirements or with any other requirements
under federal, state, or local laws, regulations, or orders.
(c) A
user applying for a new individual wastewater discharge permit shall
submit a complete application at least 90 days prior to connecting
to or contributing to the city's wastewater system. A user seeking
reissuance of an individual wastewater discharge permit must submit
a complete application no later than 180 days before the expiration
of the user's wastewater discharge permit.
(d) The
director may require applicants to submit all or some of the following
information as part of a wastewater discharge permit application:
(1) Identifying information. Contact information consisting of the name
and address of the premises or facility, including the name of the
operator and owner, as well as a general description of the premises
or facility;
(2) Environmental permits. A list of all environmental control permits
held by or for the owner and operator of the premises or facility.
(3) Description of activity.
(A) 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 classification (SIC) of the operations carried
out by the user. This description should include a schematic process
diagram that indicates points of discharge to the POTW from the regulated
processes.
(B) Types of wastes generated, and a list of all raw materials and chemicals
used or stored at the facility that are, or could accidentally or
intentionally be, discharged to the POTW;
(C) Number and type of employees, hours of operation, and proposed or
actual hours of operation;
(D) Type and amount of raw materials processed (average and maximum per
day);
(E) 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 including, but not limited
to, locations of sewer connection laterals;
(4) Time and duration of discharges;
(5) The location for monitoring all wastes covered by the wastewater
discharge permit, including, but not limited to, sampling points and
pretreatment facilities;
(6) Flow measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day (gpd), to the POTW from
regulated process streams and other streams as further described in
40 C.F.R. section 403.6(e), including, but not limited to, estimated
wastewater strength, estimated wastewater flow, average wastewater
discharge flow rates for each sewer connection lateral, and peak wastewater
discharge flow rates for each sewer connection lateral;
(7) Measurement of pollutants.
(A) The categorical pretreatment standards applicable to each regulated
process and any new categorically regulated processes for existing
sources.
(B) The results of sampling and analysis identifying the nature and concentration,
and/or mass of regulated pollutants in the discharge from each regulated
process.
(C) Instantaneous, daily maximum, and long-term average concentrations,
or mass, where required.
(8) Facilities and plant processes on the premises, including raw materials,
processes, and types of materials that are or could be discharged;
(10) Total product produced, by type;
(11) Number and responsibilities of employees; and
(12) Other information the director may deem necessary to evaluate the
application.
(e) The
director shall notify the individual wastewater discharge permit applicant
when the application is deemed to be complete. The director will approve
or deny the wastewater discharge permit application within 90 days
of receipt of a complete application. Incomplete or inaccurate wastewater
discharge permit applications will not be processed and will be returned
to the applicant for revision.
(f) All
wastewater permit applications, user reports, and certification statements
must be signed by an authorized representative of the user. If the
designation of an authorized representative of the user is no longer
accurate because a different individual or position has responsibility
for the overall operation of the facility or overall responsibility
for environmental matters for the company, a new written authorization
satisfying the requirements of this section must be submitted to the
director prior to or together with any reports to be signed by an
authorized representative of the user. All wastewater discharge permit
applications, user reports, and certification statements must contain
the applicable certification statement pursuant to section 22-187.
(g) It
shall be deemed unlawful to submit false information when applying
for a wastewater discharge permit or business license, or to use a
SIC number that identifies a non-specific generalized process if the
process being performed is subject to federal categorical regulations
based on 40 CFR 403 regulations.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)
(a) A
wastewater discharge permit shall include such terms and conditions
as are deemed reasonably necessary by the director to prevent pass
through or interference, protect the quality of the water body receiving
the treatment plant's effluent, protect worker health and safety,
facilitate sludge management and disposal, and protect against damage
to the POTW.
(b) Terms.
A wastewater discharge permit shall be expressly subject to all provisions
of this article and all other applicable regulations established by
the city. An individual wastewater discharge permit must contain:
(1) A statement that indicates the wastewater discharge permit issuance
date, expiration date, and effective date;
(2) A statement that the wastewater discharge permit is nontransferable
without prior written consent of the director pursuant to section
22-181, and provisions for furnishing the new owner or operator with
a copy of the existing wastewater discharge permit;
(3) A group classification designation;
(4) Effluent limits, including BMPs, based on applicable pretreatment
standards;
(5) Requirements for monitoring, self-monitoring, sampling, reporting,
notification, and recordkeeping, including an identification of pollutants
(or BMPs) to be monitored, sampling location, sampling frequency,
and sample type based on federal, state, and local law;
(6) Requirements for reports of initial and continuing compliances;
(7) Requirements for pretreatment facilities;
(8) A statement of applicable civil and criminal penalties for violation
of pretreatment standards and pretreatment requirements, and any applicable
compliance schedule, which may not extend the time for compliance
beyond that required by applicable federal, state, or local law;
(9) Requirements to control slug discharge, if determined by the director
to be necessary.
(c) Conditions.
A wastewater discharge permit may contain, but need not be limited
to, the following conditions:
(1) Limits on average and maximum rate of discharge, restriction of discharge
to certain hours of the day, or requirements for flow regulation and
equalization;
(2) Requirements for the installation of flow measurement or other facilities,
including, but not limited to, 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;
(3) Requirements for the development and implementation of spill control
plans or other special conditions, including management practices
necessary to adequately prevent accidental, unanticipated, or nonroutine
discharges;
(4) Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and sampling
facilities and equipment, including flow measurement devices and city
access to the facilities;
(7) Specifications for monitoring programs that may include sampling
locations; method of sampling; chemical constituents to be reported
upon; frequency of sampling; and number, types, and standards for
tests;
(8) 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 that become effective during the term of the wastewater discharge
permit;
(9) A permit application fee;
(10) Limitations on wastewater strength for the flow in each sewer connection
lateral, including average and maximum concentrations of the wastewater
constituents and characteristics;
(11) Requirements for submission of technical reports or discharge reports,
and authority for the director to copy all such reports kept at the
premises of the user;
(12) Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the city, and affording access
to the city for the purposes of inspection and copying;
(13) Requirements for facilities to prevent accidental discharge or slug
discharge of prohibited materials or other wastes regulated by this
article; and
(14) Other conditions as deemed appropriate by the director to ensure
compliance with this chapter or federal and state laws, regulations,
or orders.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2018-01, § 13, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)
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 director. Each wastewater
discharge permit shall indicate a specific date upon which it will
expire.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2018-01, § 14, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)
(a) The
city maintains sole discretion to change any of the terms and conditions
of a wastewater discharge permit at any time as circumstances may
require. The city shall allow a user reasonable time to comply with
any changes to a wastewater discharge permit as implemented by the
city.
(b) An
amended wastewater discharge permit shall be required prior to the
commencement of any construction of new facilities or operation of
modified facilities for any of the following:
(1) Alterations to connections to the wastewater collection system; or
(2) Modification of an industrial plant, process, or wastewater treatment
facility in a manner that would increase or decrease the flow rate
or alter the quality of the wastewater discharge described in the
corresponding wastewater discharge permit.
(c) Upon
promulgation of a new national categorical pretreatment standard,
the director shall notify by registered letter all users who may be
subject to such standard, including the applicable reporting requirements
under 40 C.F.R. section 403.12. Within 180 days after the promulgation
of a new national categorical pretreatment standard, all applicable
users shall make an application to the director for a wastewater discharge
permit. Likewise, applicable users with an existing wastewater discharge
permit shall make application to the director for a revised permit
within 180 days after the promulgation of such standard. The city
shall respond by issuing a new or revised wastewater discharge permit
to the applicant.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)
Wastewater discharge permits are issued to a specific user for
a specific operation. A wastewater discharge permit shall not be reassigned
or transferred or sold to a new owner, new user, different premises
or a new or changed operation unless approved by the director.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)
(a) A
wastewater discharge permit may be revoked for good cause, including
but not limited to being revoked for the following reasons:
(1) Failure to notify the director of significant changes in operations
or wastewater constituents and characteristics prior to the challenged
discharge;
(2) Failure to provide prior notification to the city of changed conditions
pursuant to this chapter;
(3) Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
(4) Falsifying a self-monitoring report or certification statement;
(5) Tampering with monitoring equipment;
(6) Refusing to allow city personnel reasonable and timely access to
the user's premises, facilities, or records for the purpose of inspection
or monitoring;
(7) Failure to meet effluent limitations;
(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 pretreatment requirement,
any term or condition of the wastewater discharge permit, or any provision
of this chapter;
(14) Failure of a user to accurately report the wastewater constituents
and characteristics of its discharge; or
(15) Any violation of the terms or conditions of the wastewater discharge
permit.
(b) A
wastewater discharge permit shall be voidable upon cessation of operations
or transfer of business ownership. Any wastewater discharge permit
issued to a user is void upon the issuance of a new wastewater discharge
permit to that user.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)
(a) No
statement contained in this article prevents any special agreement
or arrangement between the city and any industrial user whereby a
nonresidential waste of unusual strength or character may be accepted
by the city for treatment.
(b) Subject to subsection
(c) below, the director shall grant approval for a discharge to the sewer that otherwise fails to comply with this article, in the form of a waiver or modification of the requirements of a wastewater discharge permit, if the director, pursuant to the director's approval, finds that:
(1) The discharge will not cause harm to, nor unreasonably or inequitably
burden, the wastewater system; and
(2) When considered together with similar excesses in discharges, will
not materially affect the ability of the city to meet RWQCB's requirements
as to the city's wastewater treatment plant effluent pursuant to the
applicable NPDES permit.
(c) The
director shall not grant a waiver or modify requirements of a wastewater
discharge permit regarding any requirement set forth by federal or
state law, regulation, or order.
(Ord. No. 95-8 § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)
(a) If another municipality, or user located within another municipality,
contributes wastewater to the POTW, the director shall enter into
an inter-municipal agreement with the contributing municipality.
(b) Prior to entering into an agreement required by subsection
(a) above, the director shall request the following information from the contributing municipality:
(1) A description of the quality and volume of wastewater discharged
to the POTW by the contributing municipality;
(2) An inventory of all users located within the contributing municipality
that are discharging to the POTW; and
(3) Such other information as the director may deem necessary.
(c) An inter-municipal agreement, as required by subsection
(a) above, shall contain the following conditions:
(1) A requirement for the contributing municipality to adopt a sewer
use ordinance at least as stringent as this chapter and local limits,
including required baseline monitoring reports at least as stringent
as those set out in this chapter. The requirement shall specify that
such ordinance and limits must be revised as necessary to reflect
changes made to this chapter or local limits;
(2) A requirement for the contributing municipality to submit a revised
user inventory on at least an annual basis;
(3) A provision specifying which pretreatment implementation activities,
including issuance of a wastewater discharge permit, inspection and
sampling, and enforcement, will be conducted by the contributing municipality;
which of these activities will be conducted by the director; and which
of these activities will be conducted jointly by the contributing
municipality and the director;
(4) A requirement for the contributing municipality to provide the director
with access to all information that the contributing municipality
obtains as part of its pretreatment activities;
(5) Limits on the nature, quality, and volume of the contributing municipality's
wastewater at each point where it discharges to the POTW;
(6) Requirements for monitoring the contributing municipality's discharge;
(7) A provision ensuring the director's access to the facilities of users
located within the contributing municipality's jurisdictional boundaries
for the purpose of inspection, sampling, and any other duties deemed
necessary by the director; and
(8) A provision specifying remedies available for breach of the terms
of the inter-municipal agreement.
(Ord. No. 2021-16, § 3, 10-27-21)
(a) The
director is charged with responsibility for the city's wastewater
control program, the administration and enforcement of the provisions
of this article, and the City of Escondido municipal industrial waste
program's enforcement response procedures.
(b) To
effectively administer and enforce the provisions of these regulations,
the director may require any discharger to comply with any or all
of the requirements of this chapter.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)
(a) Pretreatment
requirements for food service establishments, automotive service establishments,
and other industrial users.
(1) Each establishment shall have its own separate pretreatment equipment
unless there is approved communal pretreatment equipment.
(2) Each food service establishment must have its own separate rendered
oil container.
(3) Any tenant improvement, addition of fixtures, or remodel of an existing
facility shall require installation or upgrade of pretreatment equipment.
Pretreatment equipment must be approved by the environmental programs
prior to installation and must comply with the most recently adopted
version of the Uniform Plumbing Code, as well as any other requirements
mandated by environmental programs.
(4) Pretreatment equipment shall be provided, subject to the director's
approval, when necessary for the proper handling of liquid wastes
containing grease in excessive amounts, or regulated wastes, sand,
or other harmful or potentially harmful materials; except that such
equipment shall not be required for private living quarters or dwelling
units. All pretreatment equipment shall be of a type and capacity
as required by the most recently adopted version of the Uniform Plumbing
Code, shall be subject to the director's approval, and shall be located
so as to be readily and easily accessible for cleaning and inspection.
(5) All stored liquid waste or bulk storage of new liquid products shall
be stored under cover and have secondary containment.
(6) The requirement for installation of pretreatment equipment shall
be indicated in the user's wastewater discharge permit.
(7) All pretreatment equipment deemed necessary shall be installed and
maintained at the owner's expense.
(8) All pretreatment equipment shall be cleaned by a licensed hauler
and in efficient operation at all times. Pretreatment equipment that
is failing or damaged shall be replaced to current standards.
(9) Food waste disposal units and waste pulper systems are not allowed
in commercial kitchens. Food service establishment dishwasher units
must discharge downstream of the food service establishment's grease
removal equipment.
(10) Any establishment that generates hazardous waste shall have a proper
California Hazardous Waste Permanent ID number provided by the Department
of Toxic Substances Control. All generated waste shall be disposed
of properly through a licensed hauler for the automotive wastes generated
on-site, including, but not limited to, motor oil, oil filters, antifreeze,
transmission fluid, and wet and dry paint waste.
(11) Maintenance records and hauling and disposal manifests shall be current
and kept on-site and readily available for inspection at all times.
Each individual discharger shall retain its own maintenance records
for pretreatment equipment, even when there is existing communal pretreatment
equipment on-site. Falsified records shall result in an administrative
citation and may also result in additional enforcement action pursuant
to this chapter.
(b) Mercury
reduction program. The city may require on-site silver recovery or
mercury pretreatment at photographic, medical, dental, or similar
facilities, in order to ensure compliance with the city's local limits
for silver and mercury. The city will regulate these industries under
Class II-a permits.
(c) Pretreatment
requirements for a beer manufacturer, winegrower, brandy manufacturer,
or distilled spirits manufacturer may be determined administratively
by the director based on the quality and quantity of the operations
and in accordance with all provisions of this chapter.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 97-34R, § 2, 1-21-98; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2014-11, § 3, 3-19-14; Ord. No. 2018-01, § 15, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)
(a) Protection
from accidental discharge and slug discharge.
(1) The city shall evaluate whether each SIU needs an accidental discharge
control plan or accidental slug discharge control plan, or both, 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.
(2) Each industrial user shall provide protection from accidental discharge
of prohibited materials or other wastes regulated by this article.
Facilities to prevent accidental discharge of such materials shall
be provided and maintained at the user's expense. Detailed plans showing
facilities and operation procedures to provide this protection shall
be submitted to the director for review, and shall be approved by
the director, pursuant to the director's approval, before construction
of the facility. Review and approval of such plans and operating procedures
shall not relieve the industrial user from the responsibility to modify
its facility as necessary to meet the requirements of this article.
(3) Each user required to provide facilities for protection from accidental
discharge shall be identified in the user's wastewater discharge permit.
Permit provisions shall describe the extent of facilities required
and shall outline a compliance schedule.
(4) If, for any reason, a facility does not comply with or is unable
to comply with the protection from accidental discharge limitations
of this article, the facility responsible for such discharge shall
immediately notify the director or appropriate response authority
so that corrective action may be taken to protect the treatment system.
(5) In the event of any accidental discharge, a written report addressed
to the director detailing the date, time, and cause of the accidental
discharge; the quantity and characteristics of the discharge; and
corrective action taken to prevent future discharges, shall be filed
by the responsible user within five days of the occurrence of the
discharge.
(6) At least once every two years, the director shall evaluate whether
each SIU needs an accidental discharge control plan or accidental
slug discharge control plan, or both, or other action to control slug
discharges. The director may require any user to develop, submit for
approval, and implement such a plan. Alternatively, the director may
develop such a plan for any user. An accidental discharge control
plan or accidental slug discharge control plan, or both, shall address,
at a minimum, the following:
(A) Description of discharge practices, including non-routine batch discharges;
(B) Description of stored chemicals;
(C) Procedures for immediately notifying the director of any accidental
or slug discharge, as required by this section; and
(D) Procedures to prevent adverse impacts from any accidental or slug
discharge. Such procedures shall include, but shall not be 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 measures and equipment for emergency response.
(7) SIUs are required to notify the director immediately of any changes
at the SIU's facility affecting the potential for a slug discharge.
(b) Bypass
of a treatment facility. Any bypass is prohibited unless otherwise
permitted by 40 C.F.R. section 403.17. In the event of a bypass, the
industrial user must comply with all the requirements of 40 C.F.R.
section 403.17.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2018-01, § 16, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)
(a) The
director may require discharge reports, including, but not limited
to, questionnaires, technical reports, sampling reports, test analyses,
and periodic reports of wastewater discharge. Reporting requirements
shall be as specified in the user's wastewater discharge permit. When
a report filed by a user pursuant to this section is not adequate
in the judgment of the director, the user may be required to supply
additional information as deemed necessary by the director.
(b) A
discharge report may include, but shall not be limited to, the nature
of the process, volume, and rates of wastewater flow; a lab analysis
of wastewater samples, elements, constituents, and characteristics
of the wastewater; and any information required in an application
for a wastewater discharge permit.
(c) All
costs associated with preparation of discharge reports, including
the costs of wastewater analysis, shall be the responsibility of the
user.
(d) Any
user subject to national categorical pretreatment standards or pretreatment
requirements shall comply with all reporting and recordkeeping requirements
in accordance with the general pretreatment regulations for existing
sources and new sources of pollution (40 C.F.R. Part 403). All reports
specifically set forth in 40 C.F.R. Part 403 shall be required pursuant
to this article. These include, but are not limited to:
(1) Baseline monitoring reports.
(A) Within either 180 days after the effective date of a categorical
pretreatment standard, or the final administrative decision on a subcategory
determination under 40 C.F.R. section 403.6(a)(4), whichever is later,
existing categorical industrial users currently discharging to or
scheduled to discharge to the POTW shall submit to the director a
report that contains the information listed in subsection (D)(1)(b).
At least 90 days prior to commencement of a discharge, new sources
and sources that become categorical industrial users subsequent to
the promulgation of an applicable categorical standard shall submit
to the director a report that contains the information listed in subsection
(d)(1)(B). 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.
(B) Users described in subsection (d)(1)(A) shall submit the following
information:
(i)
Identifying information. The user shall provide the information
required in section 22-177(D)(1);
(ii)
Measurement of pollutants. The user shall provide the information
required in section 22-177(D)(7), in accordance with the following:
a.
All samples and corresponding analyses shall comply with section
22-187-1;
b.
The user shall take a minimum of one representative sample to
compile the data necessary to comply with the requirements of this
section;
c.
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewater is mixed with
regulated wastewater prior to pretreatment, the user should measure
the flows and concentrations necessary to allow use of the combined
wastestream formula in 40 C.F.R. section 403.6(e) to evaluate compliance
with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 C.F.R. section
403.6(e), this adjusted limit, along with supporting data, shall be
submitted to the city; and
d.
The director may allow the submission of a baseline report that
utilizes only historical data so long as the data provides information
sufficient to determine the need for industrial pretreatment measures.
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.
(iii)
Compliance certification. A statement, reviewed by the authorized
representative of the user and certified by a qualified professional,
indicating whether pretreatment standards are being met on a consistent
basis, and, if not, whether additional operation and maintenance,
or additional pretreatment, is required to meet the applicable pretreatment
standards;
(iv)
Compliance schedule. If additional pretreatment or operation
and maintenance will be required to meet the pretreatment standards,
the shortest schedule by which the user will provide such additional
pretreatment or operation and maintenance. The completion date in
this schedule shall not be later than the compliance date established
for the applicable pretreatment standard. A compliance schedule must
meet the requirements set out in subsection (d)(2) of this section;
(v)
Environmental permits. A list of any environmental control permits
held by or for the facility;
(vi)
Description of operations. A brief description of the nature;
average rate of production (including each product produced by type,
amount, processes, and rate of production); and SIC of the operations
carried out by the user. This description should include a schematic
process diagram that indicates points of discharge to the POTW from
the regulated processes;
(vii)
Flow measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day (gpd), to the POTW from
regulated process streams and other streams, if necessary, to allow
use of the combined wastestream formula set out in 40 C.F.R. section
403.6(e);
(2) Compliance schedule progress reports. The following conditions shall
apply to the compliance schedule and related progress reports required
by this chapter:
(A) The compliance schedule shall contain progress increments, each increment
not to exceed nine months, 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 or pretreatment requirements (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);
(B) The user shall submit a progress report to the director, at least
every nine months and no later than 14 days following each date in
the compliance schedule and the final date of compliance, which shall
include, at a minimum, a description of whether or not the user 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
compliance schedule; and
(3) Periodic compliance reports. The following conditions shall apply
to the periodic compliance reports required by this chapter:
(A) All SIUs shall, at a frequency determined by the director, but at
least two times per year (in June and December, unless otherwise stated),
submit a report indicating the nature and concentration of pollutants
in the discharge that 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 director or the pretreatment standard
necessary to determine the user's compliance status.
(B) 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.
(C) If a user subject to the reporting requirement in this section monitors
any pollutant more frequently than required by the director, using
the procedures prescribed in section 22-187-1, the results of this
monitoring shall be included in the report.
(4) Reports of changed conditions. Each user must notify the director
of any planned significant change to the user's operations or system
that might alter the nature, quality, or volume of the user's wastewater
at least 90 days before the change.
(A) The director may require the user to submit information as may be
deemed necessary to evaluate the changed condition, including the
submission of a wastewater discharge permit application pursuant to
section 22-177.
(B) The director may issue a wastewater discharge permit pursuant to
section 22-176 or modify an existing wastewater discharge permit pursuant
to section 22-180 in response to changed conditions or anticipated
changed conditions.
(C) For purposes of this section, significant changes may include, but
are not limited to, flow increases of 20% or greater, or the discharge
of a pollutant not previously reported.
(5) Reports of potential problems.
(A) In the case of any incident involving a discharge, including, but
not limited to, accidental discharges; discharges of a non-routine,
episodic nature; a non-customary batch discharge; or a slug load,
that may cause potential problems for the POTW, the user shall immediately
telephone and notify the director of the incident. This notification
shall include providing the director with the caller's name; phone
number; location of the discharge; type, concentration, and volume
of waste, if known; and any corrective action taken by the user.
(B) Within five days following such discharge, the user shall, unless
waived by the director, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall
not relieve the user of any expense, loss, damage, or other liability
that may 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 fine, penalty, or other liability that may
be imposed pursuant to this article.
(C) A notice shall be permanently posted on the user's bulletin board
or other prominent place advising employees whom to call in the event
of a discharge described in subsection (d)(5)(A). Employers shall
ensure that all employees who have the potential to cause such a discharge
to occur are advised of the emergency notification procedure.
(D) SIUs are required to notify the city immediately of any change at
its facility affecting the potential for a slug discharge.
(6) Recordkeeping. Users subject to the reporting requirements of this
article shall retain, and make available for inspection and copying,
all records of information obtained pursuant to any monitoring activities
required by this article and any additional records of information
obtained pursuant to monitoring activities undertaken by the user
independent of such requirements and documentation associated with
BMPs. Records shall include the date, exact place, method, and time
of sampling, and the name of each person 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 five years.
This period shall be automatically extended for the duration of any
applicable litigation concerning the user or the city, or where the
user has been specifically notified of a longer retention period by
the director.
(7) Notification of changed discharge. All industrial users shall promptly
notify the director in advance of any substantial change in the volume
or character of pollutants in the industrial user's discharge, including
the listed or characteristic hazardous wastes for which the industrial
user has submitted initial notification under section 22-194.
(8) Reports on compliance with categorical pretreatment standards 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 pretreatment standards shall submit to the
director a report containing the information described in section
22-177(D). For users subject to equivalent concentration or mass limits
established in accordance with the procedures in 40 C.F.R. section
403.6(c), the 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 allow-able 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.
(9) Reports from unpermitted users. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports, including
manifests or any other requested information, to the director as the
director may require.
(10) Notice of violation/repeat sampling and reporting. If sampling performed
by a user indicates a violation, the user must notify the director
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 director within 30 days after becoming aware
of the violation.
(11) All reports must be certified. Any report or related document required
by this section shall be signed and certified in accordance with section
22-187-2.
(e) Date
of receipt of reports. Written reports will be deemed to have been
submitted on the date postmarked. For reports that 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.
(f) SNC.
The city shall publish at least annually in a newspaper of general
circulation that provides meaningful public notice within the jurisdiction
served by the POTW of industrial users that, at any time during the
previous 12 months, were in SNC with applicable pretreatment standards
or pretreatment requirements. This procedure shall be as specified
in 40 C.F.R. section 403.8(f)(2)(viii).
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)
(a) 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 C.F.R. Part 136 and amendments thereto, unless otherwise
specified in an applicable categorical pretreatment standard. If 40
C.F.R. Part 136 does not contain sampling or analytical techniques
for the pollutant in question, or where the EPA determines that the
Part 136 sampling and analytical techniques are inappropriate for
the pollutant in question, sampling and analyses shall be performed
by using validated analytical methods or other applicable sampling
and analytical procedures approved by the EPA. Non-detectable results
may be used only as demonstration that the pollutant is not present
if the EPA-approved method from 40 C.F.R. Part 136 with the lowest
minimum detection level for the pollutant was used in the analysis.
(b) Sample collection.
(1) Samples collected to satisfy reporting requirements must be based
upon 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. The city shall
indicate the frequency of monitoring necessary to assess and ensure
compliance by the user with applicable pretreatment standards and
pretreatment requirements. Except as indicated in subsections (b)(2)
and (b)(3) of this section, 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 director. Where time-proportional composite sampling or grab
sampling is authorized by the director, the samples must be representative
of the discharge. Using protocols (including appropriate preservation)
specified in 40 C.F.R. Part 136 and appropriate EPA guidance, multiple
grab samples collected during a 24 hour period may be composited prior
to the analysis as follows:
(A)
For cyanide, total phenols, and sulfides, the samples may be
composited in the laboratory or in the field;
(B)
For volatile organics and oil and grease, the samples may be
composited in the laboratory;
(C)
Composite samples for other parameters unaffected by the compositing
procedures as documented in approved EPA methodologies may be authorized
by the director, as appropriate; and
(D)
Grab samples may be required to show compliance with instantaneous
limits.
(2) Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using grab
samples.
(3) For sampling required in support of baseline monitoring and 90 day
compliance reports required by this article, a minimum of four individual
Grab Samples must be used for pH, cyanide, total phenols, oil and
grease, sulfide, and volatile organic compounds for facilities for
which historical sampling data do not exist. For facilities for which
historical sampling data are available, the director may authorize
a lower minimum. For any periodic compliance reports required by this
article (40 C.F.R. sections 403.12(e) and 403.12(h)), the industrial
user is required to collect the number of grab samples necessary to
assess and ensure compliance with applicable pretreatment standards
and pretreatment requirements.
(Ord. No. 2021-16, § 3, 10-27-21)
(a) Certification of permit applications, user reports, and initial monitoring
waiver. The following certification statement shall be signed by an
authorized representative of the user and provided to the city at
the time of submission of a permit application, report, transfer,
waiver, or other document as required by this chapter:
I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations.
(b) Annual certification for non-significant categorical industrial users.
A facility determined to be a non-significant categorical industrial
user by the director shall annually submit the following certification
statement signed by the authorized representative of the user. This
certification must accompany an alternative report required by the
director:
Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical Pretreatment Standards
under 40 C.F.R.__________, 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
defined in section 22-1 and further described in section 22-172;
|
(b)
|
The facility complied with all applicable Pretreatment Standards
and Pretreatment 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:
|
_________________________________________________________
|
(c) Certification of pollutants not present. Users that have an approved
monitoring waiver must certify on each report with the following statement
that there has been no increase in the pollutant in the user's wastestream
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 C.F.R.
______________[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 compliance report pursuant to 22-187(d)(3).
|
(Ord. No. 2021-16, § 3, 10-27-21)
(a) The
city may require to be provided and operated at the user's own expense,
monitoring facilities to allow inspection, sampling, and flow measurement
of the building sewer or internal drainage systems. The monitoring
facility should normally be situated on the user's premises, but the
city may, when such a location would be impractical or cause undue
hardship on the user, allow the facility to be constructed in the
public street or sidewalk area and located so that it will not be
obstructed by landscaping or parked vehicles.
(b) There
shall be ample room in or near such a facility to allow accurate sampling
and preparation of samples for analysis. The facility, sampling, and
measuring equipment shall be maintained at all times in a safe and
proper operating condition at the expense of the user.
(c) Whether
constructed on public or private property, the sampling and monitoring
facilities shall be provided in accordance with the city's requirements
and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the city. Such notification may be as indicated in the user's wastewater
discharge permit.
(d) The
monitoring program may require the user to conduct a sampling and
analysis program of a frequency and type specified in the user's wastewater
discharge permit to demonstrate compliance with prescribed wastewater
discharge limits. As specified in the user's wastewater discharge
permit, the user shall either:
(1) Conduct its own sampling and analysis program provided the user demonstrates
to the director that the user has the necessary qualifications and
facilities to perform the work; or
(2) Engage a private laboratory, certified by the State of California
Department of Public Health.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)
(a) 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 individual wastewater discharge permit or order issued hereunder.
The city may inspect the facilities of any user to ascertain whether
the purpose of this article and all requirements are being met. Persons
or occupants of premises where nonresidential wastewater is discharged,
have the potential of being discharged, or are suspected of being
discharged shall allow the city access at all times to all parts of
the premises for the purposes of inspection, photographing, video
recording, sampling, records examination and copying, any other form
of inspection or documentation, or the performance of any additional
duties.
(1) Where a user has security measures in force that require proper identification
and clearance before entry into the user's premises, the user shall
make necessary arrangements so that, upon presentation of suitable
identification, personnel from the city, the EPA, or their authorized
representatives 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 premises, or
require installation of, such devices as are necessary to conduct
sampling and/or metering of the user's operations.
(3) Any temporary or permanent obstruction to safe and easy access to
the premises or facility to be inspected and/or sampled shall be promptly
removed, at the user's sole expense, by the user at the written or
oral request of the director and shall not be replaced.
(4) An unreasonable delay in allowing the city access to the user's premises
shall be a violation of this chapter.
(b) The
city shall randomly sample and analyze the effluent from nonresidential
users to identify, independently of self-monitoring information supplied
by the user, occasional and continuing noncompliance with the user's
wastewater discharge permit or other regulations set forth by this
article.
(c) The
city shall investigate instances of noncompliance as indicated in
the user's self-monitoring reports or random inspection and surveillance
activities described in this section. Sample collection and analysis
and the acquisition of other information shall be performed with sufficient
care to produce evidence admissible in enforcement proceedings or
in judicial actions, and the user so investigated shall be liable
for all charges incurred by the city for such investigation.
(d) 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 submitted by users;
(3) Fees for reviewing and responding to accidental discharge procedures
and construction;
(5) Other fees as the city may deem necessary to carry out the requirements
contained herein; and
(6) The fees referenced in this subsection (d) relate solely to the matters
covered by this article and are separate from all other fees, fines,
and penalties chargeable by the city. These fees may be set from time
to time by resolution of the city council.
(e) Dischargers
subject to the California Industrial General Permit for Stormwater
shall allow the Water Boards, U.S. EPA, and City of Escondido (including
any authorized contractor acting as their representative), to:
(1) Enter upon the premises at reasonable times where a regulated industrial
activity is being conducted or where records are kept under the conditions
of this general permit;
(2) Access and copy at reasonable times any records that must be kept
under the conditions of this general permit;
(3) Inspect the facility at reasonable times; and
(4) Sample or monitor at reasonable times for the purpose of ensuring
general permit compliance.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)
(a) The
point of determining compliance with the provisions of this article
(and of the user's wastewater discharge permit, if applicable) shall
be at the point of the discharge to the wastewater system or such
other upstream sampling point on the private lateral as mutually agreed
upon by the nonresidential user and the director. Where multiple discharge
points to the city wastewater collection system are regulated by a
wastewater discharge permit, sampling must be carried out at an acceptable
location for each permitted discharge. Where certain wastes are critical,
the director may specify, through the provisions of the user's wastewater
discharge permit, procedures for obtaining necessary samples, and
require that any persons discharging wastewater install a measuring
device, that samples be analyzed and measurements of flow taken and
reported to the city, and that such sampling and measuring device
shall be made accessible to the director.
(b) Unless
otherwise specified in the provisions of the user's wastewater discharge
permit, compliance with the requirements of this article are based
on the mean values obtained from analysis of composite samples of
industrial waste representative of the quality and quantity of discharge
to the sewer. All such samples shall be weighted with the flow at
the sampling point to furnish values weighted with time and quantity
for each required chemical constituent. The frequency of monitoring
shall be as prescribed in the user's wastewater discharge permit.
(c) Sampling
and analysis shall be performed in accordance with section 22-187-1,
or other sampling and analytical procedures subject to the director's
approval.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)
Editor's note — Ord. No. 2021-16, adopted
10-27-21, repealed § 22-191, pertaining to confidential
information, which derived from Ord. No. 95-8, § 1, 7-12-95;
Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8,
12-14-11
(a) In
addition to the enforcement and remedy provisions set forth in article
1 of this chapter, the city may adopt procedures and rules for the
implementation and administration of this article. The city shall
enforce the provisions of this article, including all requirements
established or permits issued pursuant to this article.
(b) Requiring
discharger to submit schedule of remedial or preventive measures.
When the director finds that a discharge of wastewater is taking place,
has taken place, or is threatening to take place and that such discharge
violates, has violated, or will violate prohibitions or limits prescribed
by this article, wastewater source control requirements, or the provisions
of a wastewater discharge permit, the director may require the user
to submit for approval of the director, with such modifications as
may be deemed necessary, a detailed time schedule of specific actions
the user shall take to correct or prevent a violation of this chapter.
(c) Issuance
of cease and desist order. When the director finds that a discharge
of wastewater is taking place, has taken place, or is threatening
to take place and that such discharge violates, has violated, or will
violate prohibitions or limits prescribed by this article, wastewater
source control requirements, or the provisions of a wastewater discharge
permit, the director may issue to the noncompliant user an order to
cease and desist and direct the user to:
(2) Comply in accordance with a time schedule prescribed by the director;
or
(3) In the event of a threatened violation, take appropriate remedial
or preventative action.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)
(a) Any
permit applicant, permit holder, or other user affected by any decision,
action, or determination, including cease and desist orders, made
by the director in interpreting or implementing the provisions of
this article, or any permit issued hereunder, may file with the director
a written request for reconsideration within 10 days of such a decision,
action, or determination, setting forth in detail the facts supporting
the request. The director may elect to hold a hearing on the request.
The request for reconsideration shall be acted upon by the director
within 10 days from the date of filing or the close of the reconsideration
hearing. The decision, action, or determination shall remain in effect
during such period of review by the director.
(b) If
the ruling made by the director is unsatisfactory to the user requesting
reconsideration, the user may, within 10 days after notice of the
action by the director, file a written appeal to the city council.
(c) The
written appeal shall state all pertinent aspects of the matter and
shall include the hearing record if one was requested. The city council
may amend, modify, confirm, or reject any decision, judgment, or finding
(including waivers) of the director so long as the purpose and intent
of this article is not violated.
(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)
(a) 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 that, if otherwise disposed of, would be a hazardous
waste under 40 C.F.R. Part 261. Such notification must include the
name of the hazardous waste as set forth in 40 C.F.R. 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 shall
also contain the following information to the extent such information
is known and readily available to the user: an identification of the
hazardous constituents contained in the wastes; an estimation of the
mass and concentration of such constituents in the wastestream discharged
during that calendar month; and an estimation of the mass of constituents
in the wastestream expected to be discharged during the following
12 months. All notifications shall take place no later than one hundred
(180) days after the discharge commences. Any notification under this
section needs to be submitted only once for each hazardous waste discharged.
However, notifications of changed conditions must be submitted pursuant
to section 22-187(D)(4). The notification requirement in this section
does not apply to pollutants already reported by users subject to
categorical pretreatment standards under the applicable self-monitoring
requirements within section 22-187.
(b) In
the case of any new regulations under section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user must notify the director,
the EPA Regional Waste Management Waste Division director, and state
hazardous waste authorities of the discharge of such substance within
90 days of the effective date of such regulations.
(c) 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.
(d) This
section does not create a right to discharge any substance not otherwise
permitted to be discharged by this chapter; a permit issued thereunder;
or any applicable federal, state, or local law, regulation, or order.
(Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)