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.
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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.
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(Ord. 1420 § 1, 2010)
The following abbreviations, when used in this chapter, shall
have the designated meanings:
BOD – Biochemical Oxygen Demand
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BMP – Best Management Practice
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BMR – Baseline Monitoring Report
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CFR – Code of Federal Regulations
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CIU – Categorical Industrial User
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COD – Chemical Oxygen Demand
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EPA – U.S. Environmental Protection Agency
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gpd – gallons per day
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IU – Industrial User
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mg/l – milligrams per liter
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NPDES – National Pollutant Discharge Elimination System
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NSCIU – Non-Significant Categorical Industrial User
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POTW – Publicly Owned Treatment Works
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RCRA – Resource Conservation and Recovery Act
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SIU – Significant Industrial User
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SNC – Significant Noncompliance
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TSS – Total Suspended Solids
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U.S.C. – United States Code
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(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 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.
“Discharge”
means the direct or indirect introduction of pollutants or
wastewater into the POTW or the waters of the state.
“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 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.
“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.
“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)
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The building, structure, facility or installation is constructed
at a site at which no other source is located; or
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(2)
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The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
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(3)
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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.
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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.
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Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
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(1)
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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
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(2)
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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.
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“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.
“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.
“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.
“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.
“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)
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)
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) 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.
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(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)
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 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)
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)
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:
(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.
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(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)
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)
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)