The City Manager is hereby authorized to establish any rules and regulations necessary for the enforcement of this article. He or she may delegate and appoint members of the City Administration to act on his or her behalf.
(Ord. 2015-12-08-1601 C.S. § 2)
A. 
Mandatory Permit. All users proposing to connect to or discharge into a sanitary sewer must obtain a wastewater discharge permit before connecting to or discharging into a sanitary sewer.
Any user who desires to increase or change the nature or constituents of its discharge to its existing connection must notify the control authority and apply for a change to its permit conditions 90 calendar days prior to the effective date of the anticipated change, or at such other time as prescribed by the Director. The user shall not increase or change the flow as indicated in this subsection before receiving authorization to do so from the control authority. Failure to report and obtain prior approval for said increase or change may result in the City's terminating the existing permit, assessing administrative penalties, or the City availing itself of any other remedy authorized by this chapter.
B. 
Optional Permits. The Director may issue a wastewater permit to any user, upon application, in accordance with the terms of this section in the following categories:
1. 
A user who requires the user charges and fees to be based on an estimation of wastewater flow.
2. 
Any user whose wastewater strength is less than normal range for the user classification to which it is assigned because of pretreatment, process changes, or other reasons.
C. 
Permit Application. Users required to obtain a Wastewater Permit shall complete and file with the City an application in the form prescribed by the City. Proposed new users or existing users desiring to increase or change their existing flow (as indicated in subsection A of this section) shall apply for a permit or change in existing permit conditions 90 calendar days prior to the anticipated connection date or date of increase or change, or at such other time as prescribed by the Director. Failure to file an application in accordance with this section may result in a denial of the user's application, termination of existing connections or permits, the assessment of administrative penalties by the City, or the City otherwise pursuing legal, equitable, or injunctive relief as authorized by this chapter or otherwise available under California or Federal law.
D. 
Permit Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than five years or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 90 calendar 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 identified or other just cause exists. The user shall be informed of any proposed changes in its permit at least 30 calendar days prior to the effective date for the required change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
E. 
Permit Transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned, transferred, or sold to a new owner, new user, different premises, or a new or changed operation, and shall not extend to an increase in usage, discharge, or operations by an existing user without the approval of the City. Any succeeding owner or user shall apply for a wastewater discharge permit 30 calendar days prior to change of ownership and shall also comply with the terms and conditions of the existing permit until a new permit is issued.
F. 
Users (including Significant Industrial Users). In addition to the provisions set forth above, regarding the duration and transferability of permits, permits issued to users shall specify, in detail, the requirements for self-monitoring, sampling, reporting, notification, and record keeping; the applicable Federal, State, and local effluent limitations, including best management practices, based on applicable pretreatment standards; and the administrative, civil, and criminal penalties which may be pursued in cases of noncompliance.
(Ord. 2015-12-08-1601 C.S. § 2)
A. 
The Director shall require users, including significant industrial users, to submit periodic monitoring and compliance reports. Such reports may consist of baseline monitoring reports, compliance schedule reports, reports on compliance with categorical deadlines, periodic reports from categorical users, and periodic compliance reports from significant noncategorical users, and, at a minimum, shall comply with the reporting requirements set forth in 40 CFR 403.12. In addition, industrial users subject to national pretreatment standards shall comply with all requirements governing those standards. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user shall submit documentation required by the Director or the pretreatment standard necessary to determine the compliance status of the user.
B. 
All reports and documentation required to be submitted pursuant to this section shall be signed by an authorized or duly authorized representative of the user and shall contain a certification statement as that required by 40 CFR 403.6(a)(2)(ii) which shall attest to the integrity of the analytical data submitted. Furthermore, all such users must keep records of monitoring activities and results for a minimum of three years, or longer in the case of unresolved litigation or when requested to do so by the approval authority.
C. 
Industrial users shall notify the POTW at least 10 calendar days, if possible, prior to releasing any discharge which differs from the terms of the permit in measurable amounts with regard to the volume or character of pollutants contained in the discharge, including hazardous wastes. In addition, all users shall immediately notify the POTW and the appropriate local, State, and Federal agencies of any discharge which would be considered a hazardous waste if disposed of in a different manner. Any verbal notice given to the POTW as required by this chapter shall be followed by a written report of the particulars of each such incident within five calendar days after the user becomes aware or should have become aware of the discharge. In addition, all industrial users shall promptly notify the POTW at least 10 calendar days, if possible, in advance of any substantial change in the volume or character of pollutants in their discharge.
D. 
Where sampling by a user, conducted pursuant to this section, indicates a violation, the user shall notify the POTW within 24 hours of becoming aware of the violation. Within 30 calendar days of discovering the violation, the user shall resample and submit a report of the results of the resampling to the POTW. The industrial user is not required to resample if the POTW performs monitoring at the industrial user's facility at least once a month or if the POTW performs sampling between the industrial user's initial sampling and when the industrial user receives the results of the initial sampling. If the City performs the sampling and analysis in lieu of the industrial user, the City shall perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis.
E. 
Samples collected to satisfy reporting requirements shall be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
1. 
Except as indicated in subsections (E)(2) and (3), the user shall collect wastewater samples using 24-hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the Director. Where time proportional composite sampling or grab sampling is authorized by the Director, the samples shall be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Director, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
2. 
Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds shall be obtained using grab collection techniques.
3. 
For sampling required in support of baseline monitoring and 90-day compliance reports required in Section 13.08.320 and 40 CFR 403.12(b) and (d), a minimum of four grab samples shall be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Director may authorize a lower minimum. For periodic compliance reports required by Section 13.08.320 and 40 CFR 403.12(e) and (h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
F. 
If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director, using the procedures prescribed in this section, the results of this monitoring shall be included in the report.
G. 
Bypass.
1. 
For the purposes of this section:
a. 
Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility.
b. 
Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
2. 
A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (G)(3) and (4) of this section.
3. 
Bypass Notifications.
a. 
If a user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least 10 calendar days before the date of the bypass, if possible.
b. 
A user shall submit oral notice to the POTW of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five calendar days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
4. 
Bypass Prohibition.
a. 
Bypass is prohibited, and the Director may take an enforcement action against a user for a bypass, unless:
i. 
Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
ii. 
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
iii. 
The user submitted notices as required under subsection (G)(3) of this section.
b. 
The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in subsection (G)(4)(a) of this section.
H. 
Upset.
1. 
For the purposes of this section, upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, failure to follow BMPs, or careless or improper operation.
2. 
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical Pretreatment Standards if the requirements of subsection (H)(3) are met.
3. 
A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
a. 
An upset occurred and the user can identify the cause(s) of the upset;
b. 
The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and
c. 
The user has submitted the following information to the Director within 24 hours of becoming aware of the upset [if this information is provided orally, a written submission must be provided within five calendar days]:
i. 
A description of the indirect discharge and cause of noncompliance,
ii. 
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue, and
iii. 
Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
4. 
In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
5. 
Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
6. 
Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
I. 
Baseline Monitoring Reports.
1. 
Within either 180 calendar 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, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the information listed in subsection (I)(2). At least 90 calendar days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director a report which contains the information listed in subsection (I)(2). A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
2. 
Users described above shall submit the information set forth below.
a. 
All information required in Section 13.08.310(C).
b. 
Measurement of Pollutants.
i. 
The user shall provide the following information:
(A) 
The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.
(B) 
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Director, of regulated pollutants in the discharge from each regulated process.
(C) 
Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
(D) 
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 13.08.320(E) of this chapter. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Director or the applicable standards to determine compliance with the standard.
ii. 
The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.
iii. 
Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the Control Authority.
iv. 
Sampling and analysis shall be performed in accordance with Section 13.08.320(E).
v. 
The Director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
vi. 
The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
c. 
Compliance Certification. A statement, reviewed by the user's authorized representative as defined in Section 13.08.080 and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
d. 
Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 13.08.400 of this chapter.
e. 
Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 13.08.320 of this chapter and signed by an authorized representative as defined in Section 13.08.080.
(Ord. 2015-12-08-1601 C.S. § 2)
A. 
The City may require, at the user's 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 in the public street or sidewalk area and located so that it may not be obstructed by landscaping or parked vehicles.
B. 
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.
C. 
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 calendar days following written notification by the City, unless otherwise allowed.
D. 
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.
(Ord. 2015-12-08-1601 C.S. § 2)
A. 
The City shall inspect 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 the City's representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, examining records, or performing any of their duties. The City, approval authority (where the State is the approval authority), and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring, and/or metering operations.
B. 
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, City inspectors, approval authority, and EPA will be permitted to enter without delay for the purpose of performing their specific responsibilities.
C. 
If the City or the City's representative has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Director may seek issuance of an inspection warrant from a duly authorized magistrate from any court of competent jurisdiction. Should the Director determine that abatement is necessary or testing must occur, and the City cannot get consent by the owner/operator, entry to the property or site will be made for the purpose of abatement under this procedure only upon consent of the owner, or, lacking such consent, pursuant to a warrant issued by a judge of the Superior Court.
D. 
City inspectors may, in the course of their inspection, photograph any condition on the premises thought by the inspector to possibly constitute a violation of this chapter or any other local, State, or Federal law and any mechanism, apparatus, means or method thought to contribute to or facilitate the suspected violation, including, but not limited to, the waste treatment drains and pipes, monitoring equipment waste disposal areas, chemical storage tanks, and/or waste container labels.
E. 
Upon the written requests of the EPA or State or local governmental agencies charged with regulatory jurisdiction, all photographs taken in accordance with this chapter shall be made available to such agencies without reservations. Such photographs may also, upon written request only, be made available to the public or other nongovernmental agencies unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the photographs should be considered confidential in that, if released, they would divulge information, processes, or methods of production entitled to protection as trade secrets of the user. Photographs accepted by the City as confidential shall not be transmitted to any nongovernmental agency or to the general public by the City until 10 calendar days after notification is given to the user.
(Ord. 2015-12-08-1601 C.S. § 2)
A. 
All users affected by the National Categorical Pretreatment Standards shall provide necessary wastewater pretreatment in accordance with the general pretreatment regulations contained in 40 CFR 403 and as indicated elsewhere in this chapter and shall achieve compliance with all Federal categorical pretreatment standards within the time limitations as specified by the Federal pretreatment regulations. Users shall conduct wastewater sampling and analysis using the methods and procedures contained in 40 CFR 136. In addition, all reports required to be submitted in accordance with 40 CFR 403.12(b)(6) or elsewhere in this chapter, including, but not limited to, baseline and other monitoring reports, 90-day compliance reports, and reports pertaining to sampling performed pursuant to this chapter shall contain a certification statement from a qualified professional which indicates that the user is in compliance with applicable categorical standards on a consistent basis and shall specify whether any pretreatment operation and maintenance is required to obtain compliance. The statement shall be signed by an authorized or duly authorized representative of the user thereby attesting to the accuracy of all information contained in the statement. All records relating to compliance with pretreatment standards shall be made available upon request to officials of the EPA, control authority, or appropriate State agencies or other governmental agencies having regulatory jurisdiction.
B. 
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 submitted to the City for review, and shall be accepted by the City before construction of the facility. The review of such plans and operating procedures shall 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. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and accepted by the City prior to the user's initiation of such changes. The quality of the discharge required in this chapter shall be maintained at all times. Standby facilities may be required to attain this quality.
(Ord. 2015-12-08-1601 C.S. § 2)
A. 
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be made available to the EPA, State agencies, and other local governmental agencies without restrictions. Such information and data shall also be made available to the public or other nongovernmental agencies 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. However, in no event shall wastewater constituents and characteristics be recognized as confidential information.
B. 
Information accepted by the City as confidential shall not be transmitted to any nongovernmental agency or to the general public by the City until or unless the request is received in writing and until 10 calendar days after notification of the request has been given to the user by the City. Furthermore, when requested by the person furnishing a report for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, State Disposal System Permit and/or pretreatment programs, the portions of a report which might disclose trade secrets or secret processes shall not be made available when requested by the public or nongovernmental agencies. However, such portions of such reports shall be made available, without reservation, to the EPA, State agencies, or local governmental agencies upon the written request of such agency.
(Ord. 2015-12-08-1601 C.S. § 2)
Special agreements and arrangements between the City and any persons or agencies may be established when, in the opinion of the City, unusual or extraordinary circumstances compel special terms and conditions. However, in no event shall any such agreement be interpreted so as to authorize the violation or waiver of applicable pretreatment standards or requirements.
(Ord. 2015-12-08-1601 C.S. § 2)