This chapter sets forth uniform requirements for direct and indirect contributors into the POTW for the city of South San Francisco and enables the city to comply with all applicable state of California laws (Water Code Section 1300 et seq.) and federal laws required by the Clean Water Act of 1977 (33 U.S.C. Section 1251 et seq.) and the General Pretreatment Regulations (40 CFR, Part 403).
The objectives of this chapter are:
(a) 
To prevent the introduction of pollutants into the POTW which will upset or interfere with the operation of the POTW or contaminate the resulting sludge;
(b) 
To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the POTW;
(c) 
To improve the opportunity to recycle and reclaim wastewaters and sludges from the POTW;
(d) 
To provide for equitable distribution of the cost of the POTW; and
(e) 
To prevent the exposure of workers at the POTW to chemical hazards.
This chapter provides for the regulation of direct and indirect dischargers to the POTW through the issuance of permits to certain nondomestic users and through enforcement of general requirements for all users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer’s capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs.
This chapter shall apply throughout the city of South San Francisco and to persons outside the city who are, by contract or agreement with the city, users of the POTW. Except as otherwise provided herein, the superintendent of the POTW shall administer, implement, and enforce the provisions of this chapter.
(Ord. 1420 § 1, 2010)
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
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
(Ord. 1420 § 1, 2010)
“Act”
means the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. Section 1251 et seq., as amended.
“Amalgam separator”
is a device that employs filtration, settlement, centrifugation, or ion exchange to remove amalgam and its metal constituents from a dental office vacuum system before it discharges to the sewer.
“Amalgam waste”
means and includes non-contact amalgam (amalgam scrap that has not been in contact with the patient); contact amalgam (including, but not limited to, extracted teeth containing amalgam); amalgam sludge captured by chairside traps, vacuum pump filters, screens, and other amalgam trapping devices; used amalgam capsules; and leaking or unusable amalgam capsules.
“Authorized representative”
means:
(1) 
If the user is a corporation:
(A) 
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
(B) 
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 individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) 
If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) 
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 designee.
(4) 
The individuals described in subsections (b)(1) through (b)(3) 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.
“Best management practices (BMPs)”
mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States and to implement the discharge prohibitions set forth in Section 14.08.210. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
“Biochemical oxygen demand (BOD)”
means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at twenty degrees centigrade expressed in terms of weight and concentration as milligrams per liter.
“Categorical industrial user”
means an industrial user subject to a categorical pretreatment standard or categorical standard.
“Categorical pretreatment standard” or “categorical standard”
means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 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 through 471.
“Chemical oxygen demand (COD)”
means the equivalent quantity of oxygen utilized during oxidation of organic and inorganic matter in wastewater under the conditions of the COD test described in standard methods, expressed in milligrams per liter.
“City”
means the city of South San Francisco.
“Contamination”
means impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease.
“Cooling water”
means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
“Daily maximum”
means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.
“Daily maximum limit”
means 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.
“Department of environmental services”
means the San Mateo County department of environmental services, or any successor.
“Discharge”
means the direct or indirect introduction of pollutants or wastewater into the POTW or the waters of the state.
“Domestic or residential premises”
means a single-family, duplex or multiple-family dwelling.
“Environmental Protection Agency (EPA)”
means the U.S. Environmental Protection Agency, or one of its duly authorized officials.
“Existing source”
means any source of discharge that is not a new source.
“Garbage”
means solid wastes from the preparation, cooking and dispensing of foods, and from the handling, storage and sale of produce. “Properly ground garbage” is the waste from the preparation, cooking and dispensing of foods which have been ground to such a degree that all particles may be carried freely under the flow conditions normally prevailing in public sewers.
“Grab sample”
means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and over a period of time not to exceed fifteen minutes.
“Grease”
means greases, oils, fats, fatty acids, waxes, soaps or other matter which is so determined in accordance with the standard methods examination for grease in polluted waters.
“Holding tank waste”
means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
“Indirect discharge”
means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b), (c) or (d) of the Act, into the POTW (including holding tank waste discharged into the system).
“Industrial user”
means a source of indirect discharge.
“Industrial waste”
means the gaseous, liquid and solid wastes from any producing, manufacturing or personal service industries, or from any processing operation of whatever nature, including the washing of vehicles, machines and equipment.
“Inflow”
means water other than wastewater that enters a sewer system from sources, such as but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, for drainage. Inflow does not include, and is distinguished from, infiltration as defined in 40 CFR Section 35.2005.
“Instantaneous limit”
means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
“Interference”
means a discharge which, 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, causes or threatens to cause a violation of the POTW’s NPDES permit or prevents sewage sludge use or disposal in compliance with Section 405 of the Act, the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
“ISO 11143”
is the International Organization for Standardization’s standard for amalgam separators.
“Local limit”
means 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 Section 403.5(a)(1) and (b) and Section 14.08.210.
“Mass emission rates”
means pounds per day in waste or waste discharge of designated materials.
“Medical waste”
means 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.
“Moderate industrial user”
means an industrial user who is not a significant industrial user yet requires periodic inspection and/or monitoring to verify compliance with current local limits.
“Monthly average”
means 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”
means 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.
“National pollution discharge elimination system (NPDES) permit”
means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
“Natural outlet”
means any outlet into a watercourse, pond, ditch, lake, bay, ocean or other body of surface water, or into the groundwater.
“New source”
means any building, structure, facility or installation from which there is, or may be, a discharge of pollutants, the construction of which began after the publication of proposed pretreatment standards pursuant to Section 307(c) of the Act which will be applicable to such source if such standards are promulgated, provided that:
(1)
The building, structure, facility or installation is constructed at a site at which no other source is located; or
(2)
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(3)
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.
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 (2) or (3) but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
(1)
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
(2)
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 subsection.
“Noncontact cooling water”
means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
“Pass through”
means discharge through the POTW to waters of the United States which, alone or in conjunction with discharges from other sources, causes or threatens to cause a violation of the POTW’s NPDES permit.
“Person”
means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns.
“pH”
means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
“Pollutant”
means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, industrial wastes, municipal wastes or agricultural wastes discharged into water.
“Pollution”
means the man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.
“Pretreatment” or “treatment”
means 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 discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or by other means, except as prohibited by 40 CFR Section 403.6(d).
“Pretreatment program”
means a program to protect the POTW, its workers and the environment from adverse impacts that may occur when hazardous or toxic wastes are discharged into the POTW.
“Pretreatment requirements”
means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard imposed on an industrial user.
“Pretreatment standards”
includes categorical pretreatment standards, prohibited discharge standards, and local limits.
“Prohibited discharge standards” or “prohibited discharges”
means absolute prohibitions against the discharge of certain substances which are set forth in Section 14.08.210.
“Publicly owned treatment work (POTW)”
means a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the cities of South San Francisco and San Bruno. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any sewers, pipes and other conveyances that convey wastewater to a treatment plant. For the purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the plant from persons outside the city, who are, by contract or agreement with the city, users of the city’s POTW.
“Sanitary sewage”
means domestic or domestic-like sewage.
“Sewage”
(see wastewater) means water-carried and liquid wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters, surface waters, and stormwaters as may be present, or any combination of such wastes and waters.
“Sewer”
means a pipe or conduit for carrying water, sewage and/or wastewater; and the following:
(1) 
“Building sewer”
means a sewer conveying wastewater from the premises of a user to a public sewer.
(2) 
“Public sewer”
means a sewer which is controlled by the city or other public agency.
(3) 
“Sanitary sewer”
means a sewer for domestic, commercial and industrial waste to which stormwaters, surface waters and groundwaters are not intentionally admitted.
(4) 
“Side sewer”
means a sewer conveying the wastewater of a discharge from a residence, building or other structure to a public sewer, including direct connections where permitted.
(5) 
“Storm sewer”
means a sewer which carries storm and surface waters but from which sewage and polluted industrial, commercial and institutional wastes are required to be excluded.
“Significant industrial user”
means:
(1) 
All categorical industrial users;
(2) 
Any noncategorical industrial user that: (A) discharges an average of twenty-five thousand gallons or more per day of process wastewater to the POTW; or (B) contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (C) has a reasonable potential, in the opinion of the city, to adversely affect the POTW’s operation (i.e., inhibition, pass through of pollutants, sludge contamination, or endangerment of POTW and collection system workers) or for violating any pretreatment standard or requirement.
(3) 
The city may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a SIU on a finding that the industrial user never discharges more than one hundred gallons per day (gpd) of total categorical wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
(A) 
The industrial user, prior to the city’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
(B) 
The industrial user annually submits the certification statement required in Section 14.08.200(e)(2), together with any additional information necessary to support the certification statement; and
(C) 
The industrial user never discharges any untreated concentrated wastewater.
“Slug load” or “slug discharge”
means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 14.08.210 of this chapter. A slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary 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 permit conditions.
“Standard industrial classification (SIC)”
means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, or any successor.
“Standard methods”
means the latest EPA-approved edition of “Standard Methods for the Examination of Water and Wastewater” prepared and published jointly by American Public Health Association, American Water Works Association, and the Water Pollution Control Federation on methods deemed equivalent by the superintendent and the Regional Water Quality Control Board, San Francisco Bay Region, herein referred to for definitions, laboratory procedures of analysis, tests (including test samples) and measurements.
“Stormwater”
means any flow occurring during or following any form of natural precipitation and resulting therefrom.
“Superintendent”
means the superintendent of the POTW who is charged with certain duties and responsibilities by this chapter, or the superintendent’s authorized representative.
“Total suspended solids” or “suspended solids”
means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
“Toxic pollutant”
means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under the provision of Section 307(a) of the Act (33 U.S.C. 1317) or other acts.
“Upset”
means an incident in which one or more pollutants cause the removal efficiency for a treatment process at the POTW to be dramatically reduced.
“User”
means any person who discharges, causes or permits the discharge of wastewater into the POTW, including, but not limited to, industrial users.
“Waste”
means all waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, personal service industry, or processing operation of whatever nature.
“Wastewater”
means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the POTW.
“Wastewater discharge permit” or “permit”
means an SIU permit, a moderate industrial user permit or other permit issued to a user pursuant to this chapter.
“Water quality control plant”
means that portion of the POTW which is designed to provide treatment of wastewater.
“Waters of the state” or “watercourse”
means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
(Ord. 1420 § 1, 2010; Ord. 1464 § 1, 2013)
(a) 
It is unlawful to discharge without a permit into any natural outlet within the city or into the POTW any wastewater except as authorized by the superintendent in accordance with the provisions of this chapter.
(b) 
All significant industrial users proposing to discharge wastewater to the POTW shall obtain a wastewater discharge permit from the superintendent before discharging to any public sewer. Moderate industrial users may be required to obtain a permit as deemed necessary by the superintendent.
(c) 
Users required to obtain a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city, accompanied by a fee as set forth in the city’s master fee schedule. Proposed new users shall apply for a permit at least ninety days prior to the date upon which any discharge will begin. Users shall be classified as either residential, institutional, commercial, or industrial. In support of the application, the users shall submit, in units and terms appropriate for evaluation, the following information:
(1) 
Name, mailing address, and location of use (if different from the address), business license number and expiration date;
(2) 
SIC number according to the Standard Industrial Classification Manual;
(3) 
Wastewater constituents and characteristics as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act (33 U.S.C. 1314) and contained in 40 CFR, Part 136;
(4) 
Time and duration of discharge;
(5) 
Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;
(6) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;
(7) 
Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
(8) 
Where known, the nature and concentration of any pollutants in the discharge which are subject to any pretreatment standards, and a statement, signed by an authorized representative of the use and certified to be a qualified professional, regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance or additional pretreatment is required for the user to meet applicable pretreatment standards;
(9) 
If additional pretreatment operation and maintenance will be required to meet the pretreatment standards the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
The following conditions shall apply to this schedule:
(A) 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.),
(B) 
No increment referred to in subsection (c)(9)(A) shall exceed nine months,
(C) 
Not later than fourteen days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the superintendent including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the superintendent;
(10) 
Each product produced by type, amount, process or processes and rate of production;
(11) 
Type and amount of raw materials processed (average and maximum per day);
(12) 
Number and type of employees, hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(13) 
A baseline monitoring report (BMR) must be submitted, in compliance with, and containing all the information required by, 40 CFR Section 403.12(b); and
(14) 
Such other information as may be deemed by the superintendent to be necessary to evaluate the permit application.
The BMR, ninety-day compliance reports, and periodic compliance reports for categorical industrial users must be signed by the appropriate official as specified in 40 CFR Section 403.12(1), and contain the certification statement in 40 CFR Section 403.6(a)(2)(ii).
(Ord. 1420 § 1, 2010)
All new sewers and connections to new and existing sewers shall be properly designed and constructed to prevent inflow and in accordance with the Uniform Building Code then in effect and other applicable city ordinances. Any new connections from inflow sources into the POTW are prohibited. The applicant for a permit to construct sewers or connections shall furnish the chief building inspector with a copy of the wastewater discharge permit.
(Ord. 1420 § 1, 2010)
Wastewater discharge permits subject to the categorical pretreatment standards will be modified by the city, as soon as possible, subsequent to a change in federal standards. Where a categorical user has not previously submitted an application for a wastewater discharge permit, the user shall apply for a wastewater discharge permit within one hundred eighty days after the promulgation of the applicable categorical pretreatment standard. In addition, a user with an existing wastewater discharge permit shall submit to the superintendent within one hundred eighty days after the promulgation of an applicable federal categorical pretreatment standard the information required by Section 14.08.100.
(Ord. 1420 § 1, 2010)
(a) 
Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges, and fees established by the city. Commercial and industrial users must maintain a current city business license.
(b) 
Permits must contain the following provisions:
(1) 
Effluent limits, including best management practices, based on applicable pretreatment standards;
(2) 
The duration of the permit;
(3) 
A statement that the permit is nontransferable without prior notification to the city and provision of a copy of the permit to the new owner or operator;
(4) 
Self-monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, sampling type based on federal, state and local law;
(5) 
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 14.08.190(d);
(6) 
Requirements to control slug discharge, if determined by the superintendent to be necessary;
(7) 
A statement of applicable civil and criminal penalties for violation of pretreatment standards; and
(8) 
Any applicable compliance schedules.
(c) 
Permits may contain additional provisions, including, but not limited to:
(1) 
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
(2) 
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices designed to reduce, eliminate or prevent the introduction of pollutants into the 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) 
Requirements for the 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, monitoring and sampling facilities and monitoring equipment;
(7) 
A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with applicable pretreatment standards, including those that become applicable during the term of the individual wastewater discharge permit;
(8) 
Requirements for notification to the city of any increased contributions of pollutants, changes in the nature of pollutants, or of any introduction of new wastewater constituents where such contributions would cause the POTW to violate its NPDES permit. In compliance with 40 CFR 403.12(j), all industrial users must notify the city prior to any increased contributions of pollutants, or changes in the character of pollutants in their discharges, including hazardous wastes; and
(9) 
Other conditions as deemed appropriate by the superintendent to ensure compliance with this chapter, and state and federal laws, rules and regulations.
(d) 
The superintendent or the superintendent’s designee may amend the terms and conditions of a wastewater discharge permit or add new and different terms and conditions to meet the requirements of applicable federal and state statutes, city ordinances and administration orders issued pursuant thereto.
(Ord. 1420 § 1, 2010)
Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of ninety days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in a permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(Ord. 1420 § 1, 2010)
Wastewater discharge permits are issued to a specific user for a specific operation and shall not be reassigned, transferred or sold to a new owner, new user, different premises, different entities or to a new or changed operation without the approval of the city. Any succeeding owner or users shall also comply with the terms and conditions of the existing permit. The previous owner, user, or entity shall provide a copy of this permit to the new owner or operator, and the new owner, operator, or entity shall abide by these permit conditions. The previous owner, user, or entity must notify the POTW of a change in operation at least ten days prior to any change. All permit transfers shall conform to provisions of 40 CFR 403.8(f)(1)(iii)(B)(2).
(Ord. 1420 § 1, 2010; Ord. 1474 § 1, 2013)
Waste discharge permits shall be issued to applicable users and levied applicable fees as provided for in this chapter and shall be classified as follows:
(a) 
SIU Permit. An SIU permit shall be issued to all significant industrial users. SIU permit holders are regulated in accordance with the requirements specified in the pretreatment regulations, 40 CFR Part 403 and 40 CFR Chapter I, Subchapter N, Parts 405 through 471, as amended, and this chapter.
(b) 
Moderate Industrial Users Discharge Permit. A moderate industrial user permit shall be issued, at the discretion of the superintendent, to any user who is not a significant industrial user, yet requires periodic inspection and/or monitoring to verify compliance with this chapter. A moderate industrial user permit may be required for discharge of industrial waste from stationary sources, trucked wastes, contaminated groundwater, and other industrial wastes approved by the superintendent for discharge to the sanitary sewer.
(Ord. 1420 § 1, 2010)
(a) 
In order to effectively administer and enforce the provisions of this chapter, the superintendent may require any discharger to comply with any or all the following requirements:
(1) 
Discharge Reports. The superintendent may require a user to submit discharge reports, including, but not limited to, questionnaires, technical reports, sampling reports, and test analyses, and periodic reports of wastewater discharge. When a report filed by a person pursuant to this section is not adequate in the judgment of the superintendent, he or she may require such person to supply such additional information as the superintendent deems necessary. The discharge report may include, but is not limited to, the nature of the process, volume and rates of wastewater flow, elements, constituents, and characteristics of the wastewater, together with any information required in an application for wastewater discharge permit.
(2) 
Baseline Monitoring Report. Within either one hundred eighty days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, each categorical industrial user currently discharging or scheduled to discharge to the POTW shall submit a baseline monitoring report (BMR) to the superintendent that complies with the requirements set forth in 40 CFR 403.12(b), which is incorporated by reference into this chapter. At least ninety days prior to commencement of discharge, new sources and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard shall submit to the superintendent a BMR that complies with the requirements set forth in 40 CFR 403.12(b).
(3) 
Periodic Compliance Reports. All significant industrial users must submit to the superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the superintendent, a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge. At the discretion of the superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the superintendent may agree to alter the months during which the above reports are submitted. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the superintendent or the pretreatment standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with Section 14.08.200(e) of this chapter.
(4) 
Compliance Schedule for the Installation of Technology. The city may require each user to develop a compliance schedule for the installation of technology to meet applicable pretreatment standards or requirements that complies with the requirements set forth in 40 CFR 403.12(c). The compliance schedule for the installation of technology is not conditioned on the determination of violations. Any user required to submit a compliance schedule to the city shall submit progress reports to the city in accordance with 40 CFR 403.12(c)(3).
(5) 
Report on Compliance with Categorical Deadline. Within ninety days after the final date for compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the discharge, all categorical industrial users shall submit to the superintendent a report containing the information set forth in paragraphs b(4) through (6) of 40 CFR 403.12. For categorical industrial users subject to equivalent mass or concentration limits established by the superintendent, the report shall contain a reasonable measure of the user’s long-term production rate. For categorical industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report shall include the user’s actual production during the appropriate sampling period.
(6) 
Notice of Violation/Resampling Report. If sampling by a user indicates a violation, the user shall notify the city within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis (following the guidelines in the enforcement response plan) and submit the results of the repeat analysis to the city within thirty days of becoming aware of the violation. Resampling by the industrial user is not required if the city performs sampling at the industrial user’s facility at least once per month or the city performs sampling at the industrial user’s facility between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling. Within forty-five days of detecting such violation, 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 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 fines, penalties, or other liability which may be imposed pursuant to this chapter.
(7) 
Slug Control Plan. The city shall determine whether each significant industrial user needs a plan to control slug discharges. If the superintendent determines such a plan is required, the significant industrial user shall submit a plan containing at a minimum the following elements: (A) description of discharge practices, including nonroutine batch discharges; (B) description of stored chemicals; (C) procedures for immediately notifying the city of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days; and (D) if necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage area, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
(8) 
Notice of Potential Problems. All industrial users shall notify the city immediately of any discharges that could cause problems to the POTW, including any slug loadings.
(9) 
Notification of Changed Conditions. All industrial users shall promptly notify the city in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under subsection (a)(10) and any changes affecting the potential for a slug discharge.
(10) 
Notification of Hazardous Waste Discharge.
(A) 
All industrial users discharging any substance which, if otherwise disposed of, would be a hazardous or acutely hazardous waste under 40 CFR part 261, must comply with the notification requirements in 40 CFR 403.12(p)(1) and (3) unless exempted under the provisions of 40 CFR 403.12(p)(2). Any written notification required by this subsection shall be provided to the city, the EPA Regional Waste Management Division Director, and state hazardous waste authorities.
(B) 
In the case of any notification made under subsection (A), the industrial 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. The city may accept a copy of a hazardous waste reduction or minimization plan otherwise required by law, as compliance with this requirement.
(11) 
Other Reports. The city may require any other reports, as deemed necessary by the superintendent, to determine a user’s compliance status with this chapter and federal and state laws.
(b) 
The city may reduce the requirement for periodic compliance reports set forth in subsection (a)(3) to a requirement to report no less frequently than once a year, unless required more frequently by a pretreatment standard or by the state, where the industrial user’s total categorical wastewater flow does not exceed any of the following:
(1) 
0.01 percent of the POTW’s design dry-weather hydraulic capacity or five thousand gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;
(2) 
0.01 percent of the design dry-weather organic (BOD or TSS) treatment capacity of the POTW; and
(3) 
0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with Section 14.08.220(a) of this chapter.
Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in Section 14.08.200(b) of this chapter. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the superintendent, decreasing the reporting requirement for the industrial user would result in data that are not representative of conditions occurring during the reporting period.
(c) 
Recordkeeping Requirements. Users subject to the reporting requirements of this section shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices. 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 superintendent.
(Ord. 1420 § 1, 2010)
(a) 
The superintendent may require users to conduct and maintain monitoring programs as a means of controlling the quantity and quality of the discharge so that discharges comply with the provisions of this chapter. The monitoring program shall consist of test samples and analyses, the frequency and type of which shall be specified by the superintendent. Upon demonstrating to the superintendent that the user has the necessary qualifications and equipment to conduct the monitoring program or that the user has retained the services of a qualified consultant or laboratory so certified by the State Department of Public Health, the user may conduct this monitoring program. The user shall submit monitoring reports to the superintendent monthly unless the superintendent determines a different frequency for the periodic monitoring reports, in which case the superintendent shall specify the report frequency to the user by written notice, stating the reasons therefor. If the user fails, refuses or neglects to conduct and maintain the required monitoring program, or does not have qualified personnel and equipment therefor, or does not have the services of a qualified consultant or laboratory so certified by the State Department of Public Health, then the superintendent may establish a monitoring program with city personnel if available or with services of a qualified consultant or laboratory so certified by the State Department of Public Health, the cost of which shall be charged to the user and/or parcel owner.
(b) 
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 and/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 off-premises. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. The sampling and monitoring facilities shall be provided in accordance with the city’s requirements and all applicable local construction shall be completed within ninety days following commencement.
(c) 
Monitoring and Analysis to Demonstrate Continued Compliance.
(1) 
Except in the case of nonsignificant categorical users, the reports required by Section 14.08.170(a)(2), (a)(3), (a)(5), (a)(6) and (a)(11) shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. This sampling and analysis may be performed by the city in lieu of the industrial user. Where the city performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under Section 14.08.200(e). In addition, where the city itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.
(2) 
The reports required in Section 14.08.170(a)(2), (a)(3), (a)(5), (a)(6) and (a)(11) must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty-four hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the superintendent. Where time-proportional composite sampling or grab sampling is authorized by the superintendent, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the superintendent, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(3) 
For sampling required in support of baseline monitoring reports and ninety-day compliance reports required by Section 14.08.170(a)(2) and (a)(5), 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 superintendent may authorize a lower minimum. For the reports required by Section 14.08.170(a)(3), (a)(6) and (a)(11), the user shall collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
(4) 
All analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the superintendent or other parties, approved by the EPA.
(5) 
If an industrial user subject to the reporting requirement in Section 14.08.170(a)(3) monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city, using the procedures prescribed in subsection (c)(4) of this section, the results of this monitoring shall be included in the report.
(Ord. 1420 § 1, 2010)
(a) 
The city shall inspect as the superintendent deems necessary, the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any duties.
The city and personnel from other governmental agencies shall have the right to set up on the user’s property such devices as are necessary to conduct sampling inspection, compliance monitoring or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the city and other governmental agencies will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(b) 
The superintendent may require any nonresidential user to construct, at the user’s own expense, a sampling facility or inspection manhole, together with necessary related measuring and sampling equipment, in accordance with construction standards and specifications of the city. The sampling facility, or well, or inspection manhole, shall be constructed on the lateral side sewer of the user and installed at a point where the sampling well intercepts all wastes from the discharging source. The well shall also be within a clear easement area at a location which will permit the city access to the facility at all times. Construction shall be completed within sixty days of written notification from the superintendent, unless such time is extended by the superintendent for good cause. The superintendent may require the user to install such sampling facilities or inspection manholes on each lateral sewer.
(c) 
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.
(d) 
The city may authorize a categorical industrial user to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:
(1) 
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.
(2) 
The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.
(3) 
In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
(4) 
The request for a monitoring waiver must be signed by an authorized representative, and include the certification statement in Section 14.08.200(e) (40 CFR 403.6(a)(2)(ii)).
(5) 
Nondetectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
(6) 
Any grant of the monitoring waiver by the superintendent must be included as a condition in the user’s permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the superintendent for three years after expiration of the waiver.
(7) 
Upon approval of the monitoring waiver and revision of the user’s permit by the superintendent, the industrial user must certify on each report with the statement in Section 14.08.200(e), that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.
(8) 
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user’s operations, the user must immediately comply with the monitoring requirements of Section 14.08.170(a)(3), or other more frequent monitoring requirements imposed by the superintendent, and notify the superintendent.
(9) 
This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
(Ord. 1420 § 1, 2010)
(a) 
Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all pretreatment standards within the time limitations specified by the EPA, state or the superintendent, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be approved by the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter or regulations promulgated by the superintendent in accordance with this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to, and approved by, the city prior to the user’s initiation of the changes.
(b) 
The superintendent shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements as specified in 40 CFR 403.8(f)(2)(vii) and additional requirements as specified below. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates subsections (b)(1) through (b)(13) of this section) and means:
(1) 
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1);
(2) 
Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC= 1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except pH);
(3) 
Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, longer term average, instantaneous limit, or narrative standard) that the POTW 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 human health, welfare, or to the environment or has resulted in the POTW’s exercise of its emergency authority under Section 14.08.450 to halt or prevent such a discharge;
(5) 
Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) 
Failure to accurately report noncompliance;
(7) 
Failure to provide within forty-five days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(8) 
Prohibited discharges that create a fire or explosion hazard, including waste streams with a closed cup flash point of less than one hundred forty degrees Fahrenheit (sixty degrees Celsius);
(9) 
Prohibited discharges of petroleum oil, nonbiodegradable cutting oil, or products of mineral origin in amounts that cause interference or pass through;
(10) 
Prohibited discharges that result in toxic gases, fumes, or vapors in a quantity capable of causing worker health and safety problems;
(11) 
Prohibited discharges having a temperature which inhibits biological activity in the POTW resulting in interference;
(12) 
Prohibited discharges of wastes or wastewater containing any radioactive material, except in compliance with applicable state and federal regulations;
(13) 
Any other violation or group of violations that the superintendent determines will adversely affect the operation or implementation of the city’s pretreatment program.
(c) 
All records relating to compliance with pretreatment standards shall be made available to city, state and federal officials upon request.
(d) 
The city may seek injunctive relief for noncompliance by industrial users with pretreatment standards and requirements, and may seek additional penalties pursuant to 40 CFR 403.8(f)(1)(vi)(A) .
(e) 
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 permit applications in accordance with Section 14.08.100; users submitting baseline monitoring reports under Section 14.08.170(a)(2); users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 14.08.170(a)(5); users submitting periodic compliance reports required by Section 14.08.170(a)(3); and users submitting an initial request to forego sampling of a pollutant on the basis of Section 14.08.190(d). The following certification statement must be signed by an authorized representative as defined in Section 14.08.030:
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 Nonsignificant Categorical Industrial Users. A facility determined to be a nonsignificant categorical industrial user by the superintendent pursuant to Section 14.08.030 must annually submit the following certification statement signed by an authorized representative. This certification must accompany an alternative report required by the superintendent:
Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR _________, I certify that, to the best of my knowledge and belief that during the period from/to [months, days, year]:
(a) 
The facility described as [facility name] met the definition of a Nonsignificant Categorical Industrial User as described in Section 14.08.030;
(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 Section 14.08.190(d) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user.
Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR _________[specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _________[list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 14.08.170(a)(3).
(Ord. 1420 § 1, 2010)
(a) 
Sanitary sewage shall be discharged only into public sanitary sewers, except as otherwise provided. The discharge of any trucked or hauled waste or pollutant is prohibited, except at points designated by the superintendent. It is unlawful to discharge sewage into any storm sewer.
(b) 
It is unlawful to discharge or cause to be discharged directly or indirectly, any pollutant or wastewater into any storm sewer or into any sewage facility which will interfere with the operation or performance or pass through of the POTW. These general prohibitions apply to all users whether or not the user is subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. The discharge of the following is prohibited:
(1) 
Any wastestreams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees Celsius (using the test methods specified in 40 CFR 262.21), liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the water quality control plant. At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides;
(2) 
Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the POTW or pass through the POTW inadequately treated, such as, but not limited to: grease, petroleum oil, nonbiodegradable cutting oil, or products of mineral origin, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes;
(3) 
Any wastewater having a pH less than 5.0 units or greater than 12.0 units or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the POTW;
(4) 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitations set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act (33 U.S.C. 1317);
(5) 
Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair;
(6) 
Any substance which may cause the water quality control plant’s effluent or any other product, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to POTW cause the water quality control plant to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used;
(7) 
Any substance which will cause the water quality control plant to violate its NPDES permit or state disposal system permit or the receiving water quality standards;
(8) 
Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;
(9) 
Any wastewater having a temperature which will inhibit biological activity in the water quality control plant resulting in interference, but in no case wastewater with a temperature at the introduction into the water quality control plant which exceeds forty degrees Celsius (one hundred four degrees Fahrenheit);
(10) 
Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or quantities of pollutants that exceed for any time period longer than fifteen minutes more than five times the average twenty-four hour concentration, quantities or flow during normal operation.
The user shall be in compliance with the city’s local limit relative to flow rate or pollutant concentration. If the city has not established a local limit, then the user must not have changed its discharge from prior discharges when the POTW was in compliance with its NPDES permit;
(11) 
Wastes or wastewater containing any radioactive materials except in compliance with applicable state and federal regulations;
(12) 
Any pesticides containing algaecides, antibiotics, fungicides, herbicides, insecticides or any similar pesticides in amounts deleterious to any sewage treatment process or to the aquatic life of the waters receiving the effluent;
(13) 
Any wastewater or pollutant which results in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker or public health or safety problems.
When the superintendent determines that a user is contributing any of the above enumerated substances in such amounts as to interfere with the operation of the POTW, the superintendent shall take enforcement action as necessary to get such user to correct the interference. In the event of imminent harm to the public, the superintendent may take whatever action is necessary to correct the interference, and the user shall be responsible for all costs incurred.
(c) 
Fats, Oils and Grease.
(1) 
It is unlawful for any person to dispose of any grease, or cause any grease to be disposed, by discharge into any drainage piping, by discharge into any public or private sanitary sewer, by discharge into any storm drainage system, or by discharge to any land, street, public way, river, stream or other waterway.
(2) 
The owner of every newly constructed, remodeled, or converted commercial or industrial facility with one or more grease generating activities, including food service facilities with new or replacement kitchens, for which a building permit application is submitted on or after January 1, 2010, shall install or cause to be installed a grease interceptor for each grease generating activity, of a size equal to or greater than the minimum size meeting the definition of “grease interceptor,” as defined in the currently adopted edition of the Uniform Plumbing Code. In no case shall any grease interceptor flow less than twenty gallons per minute (gpm). The installation of new garbage disposals in any commercial or industrial facility is prohibited.
(3) 
The owner of every commercial or industrial generator of grease, including food service facilities, serviced by a sewer collection line found to have a grease blockage, a history of grease blockage, or accelerated line maintenance resulting from grease disposal, shall install or cause to be installed a grease removal device upon notification by the superintendent. If heavy solids accumulate causing a sewer blockage or accelerated line maintenance, the commercial or industrial generator shall remove any garbage disposal upon notification by the superintendent.
(4) 
All grease removal devices shall be installed on the premises where grease is used or generated and shall be sized in conformance with the then currently adopted edition of the Uniform Plumbing Code. The contents of all grease removal devices shall be removed periodically as necessary to prevent violations of this chapter. At a minimum, the contents shall be removed every six months. All grease removal devices shall be kept in good repair, and shall be maintained in continuous operation. A log of all grease removal activities shall be maintained at the facility showing the date of removal, the amount removed and the disposition of the removed contents. The log shall be retained for a period of three years, and shall be available for inspection by city inspectors upon request.
(5) 
Grease emulsifiers or enzymes are prohibited for use in grease interceptors or traps. Grease emulsifiers, enzymes, bacteria or any other additive in any physical state (solid, viscous, liquid, gas or combination thereof) to aid in the eradication, breakdown, decomposition, decay, removal or transformation, by any other nonmechanical means of grease removal are prohibited for use in grease interceptors, traps or any other grease removal, reduction, elimination, ejection, expulsion, or discharge device or devices. Mechanical cleaning is the only allowed means of grease removal, eradication and/or reduction. No exception or exemptions shall be permitted without prior written approval from the city Water Quality Control Plant superintendent.
(d) 
Discharge of Groundwater.
(1) 
The superintendent may approve the discharge of ground waters to the sanitary sewer only when such source is deemed unacceptable by state and federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. No discharge of such waters shall occur except as specifically authorized in a waste discharge permit or other written authorization.
(2) 
Groundwater containing petroleum products may be authorized for disposal to the sanitary sewer and shall comply with the requirements of Section 14.08.220.
(3) 
Groundwater sources may include but are not limited to: (A) construction site dewatering where soil or groundwater contamination is present; (B) groundwater contaminated with organic solvents generated as a result of pump tests in preparation for a groundwater cleanup or water generated during sampling events; (C) aqueous wastes generated by either permanent or mobile hazardous waste treatment units used to treat hazardous waste at the generator’s site; and (D) aqueous wastes generated as a result of site cleanup activities. A permit must be obtained prior to commencement of discharge, and request for such permits shall be submitted not less than thirty working days prior to intended discharge.
(4) 
The superintendent may limit groundwater discharges to an allocation that will protect the hydraulic capacity of the POTW. Real properties of the city shall have priority to said allocation. Allocations for other permit holders may be reduced, but not eliminated, to equitably accommodate the needs of the agencies to discharge treated groundwater to the sanitary sewer. Should such a permit holder discontinue discharging for more than ninety days, the permit holder shall be notified in writing of the superintendent’s intention to cancel the permit.
(5) 
The superintendent may impose upon the user a hydraulic loading charge for discharge of groundwater or other waters in cases where conventional sewer service charges applied by the city do not account for said flows or uses. User discharges which exceed ten thousand gallons per batch discharge or users undertaking long term discharges of groundwater to the sanitary sewer shall be metered and levied a charge based upon the basic sewer service charge rate established by the city, as applicable.
(e) 
Swimming Pools and Water Features.
(1) 
The superintendent may approve discharge to the sanitary sewer from swimming pools, spas, whirlpools, fountains and landscape water features on a case-by-case basis. A person who desires to drain such facility to the sanitary sewer system shall first obtain permission from the superintendent prior to the discharge if the discharge volume is greater than one thousand gallons or the flow rate is anticipated to exceed twenty gallons per minute. Permission may be granted if the discharge conforms to discharge standards and will not cause a hydraulic overload condition in the sewer system.
(2) 
If the user has no connection to the city’s sewer system available, these waters may be surface discharged provided the following conditions are met: (A) the discharge of the water shall not contain residues of algaecides, disinfectants or other toxic chemical constituents that may violate any local, state or federal water quality law or regulation; (B) the discharge of the water shall in no way create a public nuisance; (C) the discharge of the water shall in no way damage, destroy, erode, or impair surrounding property; and (D) the user has obtained permission from the superintendent for the discharge.
(3) 
In the event that permission to discharge to the sanitary sewer and storm drain is denied, the waters must be disposed at a legal disposal site. The person conducting the discharge shall be required to provide proof of disposal upon the city’s request.
(Ord. 1420 § 1, 2010; Ord. 1464 § 1, 2013)
(a) 
It is unlawful to discharge or cause to be discharged any wastewater into the public sanitary sewers if the concentration of any of the constituents of the wastewater exceeds the local limits established by resolution of the city council. (Maximum permissible concentrations are normally expressed in milligrams per liter.)
(b) 
State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.
(c) 
The superintendent may impose quantitative limitations, e.g., pounds per day limits, on discharges or any constituent of the wastewater when the discharge or constituent may unreasonably overload, adversely affect the facilities or have a harmful effect upon the receiving waters. Mass emission rates or other similar techniques having a reasonable relationship to evaluating or measuring waste discharges may be used.
(Ord. 1420 § 1, 2010)
(a) 
Industrial users must comply with applicable categorical pretreatment standards, prohibited discharge standards, or local limits, whichever are the most stringent.
(b) 
The categorical pretreatment standards, found in 40 CFR Chapter I, Subchapter N, Parts 405 through 471, are hereby incorporated into this chapter. The superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
(Ord. 1420 § 1, 2010)
Where the city’s water quality control plant achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply for modification of specific limits in the federal pretreatment standards. “Consistent removal” means reduction in the amount of a pollutant or alteration of the nature of the pollutant by the water quality control plant to a less toxic or harmless state in the effluent which is achieved by the system in ninety-five percent of the samples taken when measured according to the procedures set forth in 40 CFR, Part 403, “General Pretreatment Regulations for Existing and New Sources of Pollution.” The city may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR 403.7 are fulfilled and prior approval is obtained.
(Ord. 1420 § 1, 2010)
Except where expressly authorized by an applicable pretreatment standard or requirement, it is unlawful to 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 the limits contained in the categorical pretreatment standards, or in any other pollutant specific limitation developed by the city or state. The superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Section 14.08.170(a)(3) shall indicate the mass of pollutants regulated by pretreatment standards in the discharge of the user.
(Ord. 1420 § 1, 2010)
(a) 
Each user shall provide protection from accidental discharge of prohibited materials or other regulated substances. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. All existing users shall complete such a plan by January 1, 1991. No user who commences discharging to the POTW after the effective date of the ordinance codified in this chapter shall be permitted to discharge to the POTW until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include the location of discharge, type of waste, concentration and volume, and corrective actions.
(b) 
Within five days following an accidental discharge, the user shall submit to the superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property: nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed under this code or other applicable laws.
(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 dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
(Ord. 1420 § 1, 2010)
A user shall notify the city of any upset or bypass of treatment facilities within twenty-four hours of becoming aware of the upset or bypass. The user shall submit to the city a written report describing the upset and/or bypass, the exact date and time the upset and/or bypass began, its duration, cause, volume discharged, whether the upset and/or bypass continues or has been corrected, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the upset and/or bypass. The written report shall be delivered to the city within five calendar days of the time the industrial user first becomes aware of the upset and/or bypass. An industrial user may allow any bypass to occur which does not cause pretreatment limits, standards, or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. All notifications to the city shall conform to provisions of 40 CFR 403.17(c)(2) notification requirements.
(Ord. 1420 § 1, 2010; Ord. 1474 § 1, 2013)
Batch discharges to the sanitary sewer of five thousand gallons or more of any regulated constituents or pollutants not consistent with a user’s application must receive approval from the environmental compliance office prior to the discharge. The user’s request shall indicate the quantity, constituents, and proposed time of the discharge.
(Ord. 1420 § 1, 2010)
(a) 
The superintendent may suspend the wastewater treatment service or a wastewater discharge permit when such suspension is necessary, in the opinion of the superintendent, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, or threatens to cause interference to the POTW, or causes or threatens to cause the city to violate any condition of its NPDES permit.
(b) 
Any user notified of a suspension of the wastewater treatment service or the wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary including a cease and desist order or immediate severance of the sewer connection, to prevent or minimize damage to the POTW or endangerment to the POTW or endangerment to any individuals. The city shall reinstate the wastewater discharge permit or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen days of the date of occurrence.
(Ord. 1420 § 1, 2010)
(a) 
The city may adopt fees to provide for the recovery of costs from users of the POTW. Such fees may include, but are not limited to, connection charges, permits, monitoring, inspections and surveillance procedures, accidental discharge matters, appeals, reimbursement of costs incurred by city for removal of pollutants, and any other fees the city deems necessary to carry out the requirements of this chapter. The applicable fees shall be as set forth in the city’s master fee schedule.
(b) 
A sewer connection fee shall be paid by the user or parcel owner for connection to a public sanitary sewer at the time the building permit is issued, or if no building permit is necessary, prior to the time the connection is operational. When a change in use from residential to commercial occurs, the difference in connection charges shall be paid.
(c) 
Initial applications and renewal applications for a wastewater discharge permit shall be accompanied by a nonrefundable processing fee.
(d) 
If the imposition of special controls on wastewater discharges become necessary, a corporate surety bond or equivalent guarantee to insure performance may be required of a user.
(Ord. 1420 § 1, 2010)
(a) 
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency 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 of the user.
(b) 
When requested by the person furnishing a report, 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 upon written request to governmental agencies for uses related to this chapter, NPDES permit, state disposal system permit or the pretreatment programs. Such a report shall be available for use by the city or state and governmental agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(c) 
Information accepted by the city as confidential, shall not be transmitted to any governmental agency, with the exception of the EPA, in compliance with 40 CFR 403.840(f)(1)(vii) and CFR 403.14, or to the general public by the city until and unless a ten day notification is given to the user.
(Ord. 1420 § 1, 2010)
The superintendent has the authority to enforce compliance with the provisions of this chapter, and to promulgate regulations designed to assist in achieving compliance.
(Ord. 1420 § 1, 2010)
Warning letters may be issued to an industrial user for any of the following reasons:
(a) 
When the result(s) of sampling demonstrates that a violation of local or federal limits has occurred by an industrial user, and when the value of the sampled data is less than a value deemed by technical review criteria (TRC) to be “a significant violation,” and the result is not part of a recurring pattern of violations. The warning letter shall direct the industrial user to resample and take appropriate corrective action(s) to abate the violation of its discharge permit by a specific time and shall require the industrial user to submit a written response describing the corrective action taken to abate the violation.
(b) 
When conditions are observed during the course of an on-site inspection or routine surveillance which may compromise an industrial user’s ability to comply with its wastewater discharge permit.
(c) 
When a user fails to promptly submit self-monitoring reports or sample test results as required in the industrial user’s wastewater discharge permit.
(Ord. 1420 § 1, 2010)
Whenever the source control inspector finds that any user has violated or is violating the provisions of this chapter, the inspector may serve upon such user a written notice stating the nature of the violation. Within forty-five days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user.
(Ord. 1420 § 1, 2010)
(a) 
The source control inspector may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the superintendent why the proposed enforcement action should not be taken. Notice of the hearing shall be served personally or by registered or certified mail return receipt requested at least ten days before the hearing. Service may be made on any agent or officer of a corporation.
(b) 
After an informal hearing is held the superintendent shall render a decision in writing.
(Ord. 1420 § 1, 2010)
When the superintendent finds that a discharge of wastewater is taking place or threatening to take place in violation of prohibitions or limits of this chapter, or regulations promulgated by the superintendent in accordance with this chapter, or wastewater source control requirements or the provisions of a wastewater discharge permit, the superintendent may issue an abatement order directing the user to:
(a) 
Comply forthwith;
(b) 
Comply in accordance with a reasonable time schedule set by the superintendent; or
(c) 
In the event of a threatened violation, take appropriate remedial or preventive action.
In cases of imminent harm to the public, the superintendent may enter private property if necessary to sever service.
(Ord. 1420 § 1, 2010)
Whenever any discharge or potential discharge causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public, the condition or use may be summarily abated by the city without notice or hearing. Summary abatement shall be ordered only by the city manager. Summary abatement shall be limited to those actions necessary to eliminate the immediate threat to the public health and safety. Notice of the summary abatement shall be served personally or by registered or certified mail, return receipt requested. Service may be made on an agent or officer of a corporation. The costs and expenses of a summary abatement may be made a lien on the property and may be collected pursuant to the procedure set forth in Section 14.08.500.
(Ord. 1420 § 1, 2010)
A wastewater discharge permit may be revoked for good cause, including, but not limited to, the following reasons:
(a) 
Failure of a user to factually report the wastewater constituents and characteristics of the discharge;
(b) 
Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(c) 
Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; and
(d) 
Violation of any permit conditions or the requirements of this chapter.
(Ord. 1420 § 1, 2010)
(a) 
An action to revoke or modify a permit may be initiated in writing by the superintendent or the city engineer. The initiating request shall be filed with the city manager and shall set forth grounds for revocation or modification.
(b) 
Within thirty days after the initiating request is filed, the city manager shall hold a hearing. Notice of the hearing shall be served personally or by registered or certified mail return receipt requested at least ten days before the hearing. Service may be made upon any agent or officer of a corporation. At the time and place designated in the notice, the city manager shall hear and consider all relevant evidence. The hearing shall not be conducted according to the formal rules of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely on in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining direct evidence, but hearsay evidence shall not be sufficient by itself to support a finding unless it would be admissible over objections in civil actions in courts of competent jurisdiction in this state. The discharger may represent itself or be represented by anyone of its choice. The hearing may be continued from time to time.
(c) 
Within ten days of the conclusion of the hearing, the city manager shall render a written decision. The decision shall set forth the factual findings made by the city manager. The city manager may revoke or modify the terms of the permit. The decision of the city manager is final.
(Ord. 1420 § 1, 2010)
(a) 
Superintendent Review. Any discharger affected by any decision, action, or determination, including abatement orders, made by the superintendent in interpreting or implementing the provisions of this chapter, or any permit issued hereunder, may file with the superintendent a written request for review within ten days of such decision, action, or determination, setting forth in detail the facts supporting the request. The superintendent shall complete the review and issue a written determination within ten days after receipt of the request, unless the city engineer reasonably extends the time thereof.
(b) 
Written Appeal to City Engineer. The superintendent’s original decision, action or determination, and action taken after review may be appealed to the city engineer by the discharger affected by filing a written appeal with the city engineer within ten days after the notice of the decision of the superintendent. The writ-ten appeal shall specify what is being appealed and state all pertinent aspects of the matter. Within thirty days after the written appeal is filed, the city engineer shall hold a hearing. Notice of the hearing shall be served personally or by registered or certified mail return receipt requested, at least ten days before the hearing. Service may be made upon any agent or officer of a corporation.
(1) 
At the time and place designated in the notice, the city engineer shall hear and consider all relevant evidence. The hearing shall not be conducted according to the formal rules of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely on in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but hearsay evidence shall not be sufficient by itself to support a finding unless it would be admissible over objections in civil actions in courts of competent jurisdiction in this state. The discharger may represent itself or be represented by anyone of its choice. The hearing may be continued from time to time.
(2) 
Within ten days after the conclusion of the hearing, the city engineer shall render a written decision and where applicable an order of abatement. This decision shall set forth the factual findings made by the city engineer, the conclusion reached, any abatement required and the date by which such abatement shall occur. The decision of the city engineer is final.
(Ord. 1420 § 1, 2010)
Any person who intentionally or negligently damages, obstructs or otherwise impairs a public sewer, water quality control plant or appurtenance thereto shall be liable for such action and the city may assess the costs of repair against such person, or seek reimbursement through a court action.
(Ord. 1420 § 1, 2010)
(a) 
The superintendent shall keep an itemized statement of costs incurred by the city in abating or otherwise responding to violations of this chapter. Once a violation matter is concluded, the superintendent shall provide a copy of this statement to the discharger and to the city manager. The discharger may request a hearing before the city manager to contest the statement of costs. The request for a hearing shall be made within ten days of receipt of the statement or the right to hearing shall be deemed waived. The city manager shall review the statement of costs and any information presented by the discharger, and may make any necessary revisions, corrections or modifications. The decision of the city manager is final.
(b) 
The procedure for recording the statement of costs as a lien against the property involved shall be as follows:
(1) 
If payment of the assessed costs and expenses is not received by the finance director within thirty days of the date appearing on the decision of the city manager, the finance director shall send to the city clerk two originals of a declaration that payment was not received. Upon receipt of the declaration of the finance director, the city clerk shall set a notice and hearing before the city council for the purpose of adopting a resolution confirming the statement of costs.
(2) 
After holding a hearing the city council may adopt a resolution. The city clerk shall forward to the office of the recorder of the county of San Mateo one original certification by the finance director that payment was not received and one certified true copy of the resolution of the city council confirming the statement of costs with the statement of costs attached as an exhibit.
(Ord. 1420 § 1, 2010)
Any user who is found to have willfully or negligently failed to comply with any provision of this chapter, and the orders, rules, regulations and permits issued hereunder, shall be charged with a misdemeanor for each offense and, upon conviction, shall be punished in accord with Chapter 1.24 of this code, unless otherwise specified. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
(Ord. 1420 § 1, 2010)
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method shall be subject to misdemeanor prosecution and upon conviction, shall be punished in accord with the provisions of Chapter 1.24 of this code.
(Ord. 1420 § 1, 2010)
Any person who violates any provision of this chapter, any wastewater discharge permit, or any order issued pursuant to this chapter or who creates a condition of pollution is hereby deemed to have created a public nuisance. Such person(s) shall be strictly liable for the sum of ten thousand dollars for each day, or portion thereof, during which the violation occurs.
In addition, a user may be liable for up to twenty-five thousand dollars a day for each violation, as set forth in California Government Code Section 54740. In lieu of the civil penalties, the city may impose administrative penalties in the following amounts, as set forth in California Government Code Section 54740.5: (a) up to two thousand dollars for each day for failing or refusing to furnish technical or monitoring reports; (b) up to three thousand dollars for each day for failing or refusing to timely comply with any compliance schedule established by the city; (c) up to five thousand dollars per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the city; (d) up to ten dollars per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the city. Furthermore, the amount of such civil administrative penalties that have remained delinquent for a period of sixty days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty.
(Ord. 1420 § 1, 2010)
Whenever a discharge of wastewater is in violation of the provisions of this chapter or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, an injunction may be sought to restrain the continuance of such discharge. The city may petition the Superior Court for the issuance of a temporary or permanent injunction, or both, as the case may be, restraining the continuance of such discharge. The city may also seek an injunction against nondischarge violation of pretreatment standards or requirements, or any other violation of this chapter.
(Ord. 1420 § 1, 2010)
In addition to the penalties provided herein, the city may recover reasonable attorneys’ fees, court costs, court reporters’ fees and other expenses of litigation against the person found to have violated this chapter or the orders, rules, regulations, and permits issued hereunder.
(Ord. 1420 § 1, 2010)
The remedies identified in this chapter are in addition to and do not supersede or limit any other civil or criminal remedies.
(Ord. 1420 § 1, 2010)
(a) 
Dental Amalgam Separators.
(1) 
Dental facilities that discharge to the sanitary sewer shall install a 1999 or later edition ISO 11143 certified amalgam separator device for each dental vacuum suction system on or before July 31, 2013. All dental facilities that are newly constructed on and after the March 1, 2013 shall install an ISO 11143 certified amalgam separator device, to the dental vacuum system before the facility can operate or conduct business. The installed device must be ISO 11143 certified as capable of removing a minimum of ninety-five percent of amalgam. The amalgam separator system shall be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. Neither the separator device nor the related plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 test methodology, a non-certified separator will be accepted, provided that smaller units from the same manufacturer and of the same technology are ISO-certified. Alternative materials and methods may be proposed to the superintendent for approval. Proposal of a non-ISO 11143 certified amalgam separator to the superintendent is not permission to install or use said device.
(2) 
The following types of dental practice are exempt from this section, provided that removal or placement of amalgam fillings occurs at the facility no more than two days per year: (A) orthodontics; (B) periodontics; (C) oral and maxillofacial surgery; (D) radiology; (E) oral pathology or oral medicine; (F) endodontistry and prosthodontistry.
(b) 
Dental BMPs.
(1) 
No person shall rinse chairside traps, vacuum screens, or amalgam separators equipment in a sink or other connection to the sanitary or storm sewer.
(2) 
Amalgam waste shall be stored and managed in accordance with the instructions of the recycler or hauler of such materials.
(3) 
Amalgam separators shall be maintained in accordance with manufacturer recommendations. Installation, certification, and maintenance records shall be available for immediate inspection upon request by the superintendent or designee during normal business hours.
(4) 
Only pre-capsulated dental amalgam is permitted.
(5) 
All dental facilities shall use current and proper BMPs while handling amalgam.
(6) 
Bleach and other chlorine-containing disinfectants shall not be used to disinfect the vacuum line system.
(Ord. 1464 § 1, 2013)