A.
The
city of Manteca does ordain that this waste ordinance shall be known
as the "City of Manteca Industrial Waste Ordinance (Waste Ordinance)"
and may be so cited.
B.
This waste ordinance is adopted pursuant to provisions of California Government Code Section 54725 and modifications and inclusions of Senate Bill 1024. This waste ordinance does hereby replace Title 13 Chapter 13.20 of the Manteca Municipal Code.
C.
This
waste ordinance sets forth the uniform requirements for direct and
indirect contributors to the Manteca water pollution control system,
and enables the city of Manteca to protect its collection, treatment,
pumping, and disposal systems and to comply with all state and federal
laws.
D.
Objectives.
The objectives of this waste ordinance are:
1.
To
prevent the introduction of pollutants into the Manteca water pollution
control system that will interfere with the operation of the POTW,
including the land disposal facilities.
2.
To
prevent the introduction of pollutants into the Manteca water pollution
control system that could cause pass-through into receiving waters,
the atmosphere, or otherwise be incompatible with the POTW systems.
3.
To
regulate the acceptance of wastes to:
a.
Protect the physical structures of the water pollution control system
and the efficient functioning of its component parts.
b.
Protect the health and safety of the personnel of the city of Manteca
and its member jurisdictions, and to preserve the health and safety
of the public.
c.
Comply with all of the applicable and compatible local, state of
California, and federal laws, rules, regulations, codes, or orders.
d.
Protect the environment from threat of hazard or harm resulting from
the disposal of wastes.
E.
Applicability.
The requirements of this waste ordinance are applicable to all persons
within the city of Manteca, and to all persons outside the city of
Manteca who are, by contract, agreement or action, users of the city
of Manteca water pollution control system; including any and all new
and prospective users and any and all existing users.
F.
The
director of public works for the city of Manteca shall administer,
implement, and enforce the provisions of this waste ordinance.
(Ord. 1576 § 2, 2016)
A.
Act:
Administrative Order:
Agent:
Approval Authority:
Authorized Representative of the Industrial User:
Categorical Pretreatment Standard or Categorical Standard:
Categorical User:
Cease and Desist Order:
Chronic Violation:
City:
Compliance Order:
Control Authority:
Deputy Director of Public Works:
Director of Public Works:
Discharger:
Domestic Waste:
Federal Pretreatment Regulations:
Illegal Discharge:
Indirect Discharge:
Industrial Discharge Permit:
Industrial User or Users:
Industrial Waste:
Interference:
Manteca Pretreatment Program:
1.
2.
3.
4.
Member Jurisdiction:
National Pretreatment Standards:
New Source:
1.
2.
3.
Noncompliance:
Notice of Violation (NOV):
Nuisance:
Pass-Through:
Permittee:
Person:
Premises:
Pretreatment:
Pretreatment Requirement:
Publicly Owned Treatment Works or POTW:
Self-Monitoring:
Service Area:
Sewage:
Show Cause Order:
Significant Industrial User (SIU):
Significant Noncompliance:
1.
2.
3.
4.
5.
6.
7.
8.
Slug Discharge:
Waste Ordinance:
Water Pollution Control System:
Working Day:
List
of Definitions.
Any regulation contained in or amendment of the Clean Water
Act.
An enforcement document which directs industrial users to
implement corrective or remedial measures. Levels of enforcement include:
cease and desist orders, compliance orders, and show cause orders.
Any person designated or retained by Manteca to fulfill the
sampling, monitoring, reporting, or inspection services of Manteca
as required by this waste ordinance, the industrial discharge permit
and/or all applicable state, federal, or local regulations, and/or
to perform the enforcement actions required by this waste ordinance.
Agents may include, but are not limited to, any of the following:
the Manteca director of public works, deputy director of public works,
inspector, permit compliance coordinator, and city attorneys, and
any consultant retained by the city to perform such services.
The California Regional Water Quality Control Board, Central
Valley Region.
An authorized representative of an industrial user shall
be: a principal executive officer of at least the level of vice president,
a general partner or proprietor of the user, or a duly authorized
representative of the person holding the industrial discharge permit,
if such representative is responsible for the overall operation of
the industrial facilities from which the discharge originates. The
authorized representative shall be identified on the industrial discharge
permit.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C.
Section 1317) that apply to a specific category of users and that
appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.
Any industrial user who, on the basis of the industrial activity
at the facility in question, must comply with National Categorical
Standards.
An administrative order issued by Manteca requiring a discharger
to halt discharge to the water pollution control system.
A violation of significant noncompliance when sixty-six percent
or more of sample measurements exceed the same daily maximum limit
or the same average limit over a six-month period.
"City" or "Manteca" refers to the city of Manteca.
An administrative order directing the discharger to achieve
or restore compliance by a specified date. A compliance order may
include a compliance schedule with specific milestones for achieving
steps toward compliance, for tracking progress, and for the discharger
to report progress.
The POTW or the city of Manteca.
Deputy director of public works for the city of Manteca or
agent.
Director of public works for the city of Manteca or agent.
Any person discharging industrial waste to the water pollution
control system. This term specifically includes any categorical users
connected to the water pollution control system, whether or not they
discharge process wastewater. It also includes any facilities with
a reasonable potential for discharging significant quantities of industrial
waste, whether or not they are currently discharging process waste.
Any waterborne waste of the type normally resulting from
flushing and washing waste products from residences and lavatories.
Any regulations promulgated by EPA in accordance with Sections
307(b) and (c) and 402(b)(8) of the "Act" (33 U.S.C. 1317) for the
implementation, administration, and enforcement of pretreatment standards.
Any discharge of waste prohibited by state or federal law,
or local limits including discharge to the wastewater treatment plant
and collection system, or to the storm drain system.
Any discharge of waste which enters or flows into the Manteca
water pollution control system through a connection of a member jurisdiction
(e.g., city of Lathrop collection system) or through a septic contributor.
A control mechanism issued to a significant industrial user,
or any person discharging to the water pollution control system that
the director of public works determines needs a permit, to regulate
its discharge of toxic, organic, or hydraulic loading to the water
pollution control system.
Any source of direct or indirect discharge of commercial
or industrial waste.
Any waterborne waste, excluding domestic waste. Waterborne
wastes from "commercial" activities, such as automobile repair or
photo processing, are expressly included in this definition.
Any discharge which, alone or in conjunction with a discharge
or discharges from other sources: (1) inhibits or disrupts the treatment
processes or operations of the water pollution control system, or
its sludge processes, use or disposal; and (2) therefore is a cause
of a violation of any requirement of the Manteca NPDES permit, including
an increase in the magnitude or duration of a violation, or of the
prevention of sewage sludge use or disposal in compliance with the
following statutory provisions and regulations or permits issued thereunder
(or more stringent California state or local regulations): Section
405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including
Title II, more commonly referred to as the Resource Conservation and
Recovery Act (RCRA), and including California state regulations in
any California state sludge management plan prepared pursuant to Subtitle
D of the SWDA), the Clean Air Act, the Toxic Substances Control Act,
and the Marine Protection, Research, and Sanctuaries Act.
The purpose of the Manteca pretreatment program (MPP) is
to provide a means to control and regulate the discharge of industrial
and hazardous waste to the Manteca water pollution control system
and the wastewater treatment plant. The program applies to all discharges
to the water pollution control system and the wastewater treatment
plant. The components of the MPP include the development and use of
the following:
Local limits:
Specific limits on the concentration of materials and chemical
constituents allowed in the industrial waste discharge;
Enforcement response plan:
Guidelines for Manteca's enforcement of federal, state, and local laws related to waste discharge to the POTW, either directly or indirectly, and to waters of the state and/or United States, and enforcement of the Manteca Waste Ordinance Chapter 13.20;
Manteca Waste Ordinance Chapter 13.20:
Describes the authorities of the city of Manteca to enforce
EPA and local requirements related to waste discharge to the Manteca
water pollution control system.
Manteca industrial discharge permit:
A permit stating the conditions, prohibitions, limits, and
requirements for discharges to the Manteca water pollution control
system that is issued to all significant industrial users and any
other users that discharge to the water pollution control system a
waste, of substantial volume or of a concentration, that the director
of public works deems significant and therefore requires a permit.
Any city or agency, such as the city of Lathrop, which owns
and operates a collection system connected to the city of Manteca
water pollution control system. The relation of a member jurisdiction
is specified in a jurisdictional agreement.
Any regulations containing pollutant discharge limits promulgated
by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C.
1317) and which apply to a specific category of industrial users.
These regulations are found at 40 CFR Chapter I, Subchapter N, Parts
405 through 471. This term includes prohibitive discharge limits established
pursuant to [40 CFR] Section 403.5.
Any building, structure, facility, or installation from which
there is or may be a discharge of pollutants, the construction of
which commences after the publication of proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility, or installation is constructed
at a site which no other source is located; or
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility, or installation is 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 on-site construction
program:
| |
|
|
a.
|
Any placement, assembly, or installation of facilities or equipment;
|
|
|
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 paragraph.
| |
Any violation of any part of this waste ordinance, the industrial
discharge permit, or National Categorical Standards.
An official communication from the city to the non-compliant
industrial user informing the industrial user that a violation has
occurred.
Any nuisance defined by California statutes or known at common
law or in equity jurisprudence.
A discharge which exits Manteca's treatment works into the
waters of the state or into Manteca's land disposal system in quantities
or concentrations, which alone or in conjunction with a discharge
or discharges from other sources, is a cause of a violation of any
requirement of Manteca's NPDES permit or of Manteca's RWQCB permit,
including an increase in the magnitude or duration of a violation.
The person to whom an industrial discharge permit has been
issued pursuant hereto.
Any individual, firm, partnership, corporation, association
or public agency, including the state of California and the United
States of America. The singular shall include the plural.
The location of the process, storage, discharge, and business
actions of any person discharging to the water pollution control system.
Any operations performed on sewage prior to discharge into
the water pollution control system.
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard, applicable to an industrial
user.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. Section 1292), which is owned by the city. This definition
includes any devices or systems used in the collection, storage, treatment,
recycling, and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances, which convey wastewater to a treatment
plant.
Wastewater sampling performed by a discharger, in accordance
with Manteca's pretreatment program. Self-monitoring requirements
will be specified in the user's industrial discharge permit.
The geographical area served by the Manteca water pollution
control system.
Any combination of domestic waste and industrial waste together
with such ground, surface and storm waters as may be present.
An order for the industrial user to appear before the Manteca
director of public works, to explain the noncompliance and why more
severe enforcement actions should not be taken. Manteca may designate
a hearing officer to hear testimony for the hearing.
Significant industrial users include all of the following
in accordance with 40 CFR 403.3(t). All categorical industrial users
and any non-categorical industrial user which discharges an average
of twenty-five thousand gallons per day or more of process wastewater,
excluding sanitary, noncontact cooling, and boiler blowdown wastewater;
contributes a process wastewater which makes up five percent or more
of the average dry weather hydraulic or organic (BOD, TSS, TDS, ammonia,
and/or phosphorus) capacity of the POTW; or has a reasonable potential,
in the opinion of the director of public works or agent, to adversely
affect the POTW's operation or to violate a pretreatment standard
or requirement.
The director 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. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates subsection (3), (4) or (8) of this definition) and shall mean:
Chronic violations of wastewater discharge limits, defined here
as those in which sixty-six percent or more of all the measurements
taken for the same pollutant parameter taken during a six-month period
exceed (by any magnitude) a numeric pretreatment standard or requirement,
including instantaneous limits;
Technical review criteria (TRC) violations, defined here as
those in which thirty-three percent or more of wastewater measurements
taken for each pollutant parameter during a six-month period equals
or exceeds the product of the numeric pretreatment standard or requirement
including instantaneous limits, multiplied by the applicable criteria
(1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants
except pH);
Any other violation of a pretreatment standard or requirement
as defined by this chapter (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the director determines has caused,
alone or in combination with other discharges, interference or passthrough,
including endangering the health of POTW personnel or the general
public;
Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the director's
exercise of its emergency authority to halt or prevent such a discharge;
Failure to meet, within ninety days of the scheduled date, a
compliance schedule milestone contained in an individual wastewater
discharge permit or a general permit or enforcement order for starting
construction, completing construction, or attaining final compliance;
Failure to provide within forty-five days after the due date,
any required reports, including baseline monitoring reports, reports
on compliance with categorical pretreatment standard deadlines, periodic
self-monitoring reports, and reports on compliance with compliance
schedules;
Failure to accurately report noncompliance; or
Any other violation(s), which may include a violation of best
management practices, which the director determines will adversely
affect the operation or implementation of the local pretreatment program.
Any discharge of a non-routine, episodic nature, including,
but not limited to, an accidental spill or a non-customary batch discharge,
which has a reasonable potential to cause interference or pass-through,
or in any other way violate the POTW's regulations, local limits or
permit conditions.
This Chapter 13.20 and any amendments thereto.
All facilities of the city of Manteca and/or all facilities
of any member jurisdiction for collecting, pumping, treating and disposing
of sewage.
Monday, Tuesday, Wednesday, Thursday, or Friday, excluding
federal or California state holidays.
B.
List
of Abbreviations.
BOD - Biochemical oxygen demand
CFR - Code of Federal Regulations
City - City of Manteca
CWA - Clean Water Act
DDPW- Deputy director of public works of the city of Manteca
DPW - Director of public works of the city of Manteca
EPA - Environmental Protection Agency of the United States
IU - Industrial user
Manteca - City of Manteca
mg/L - Milligrams per liter concentration
µg/l – Microgram per liter concentration
NOV - Notice of violation
NPDES - National Pollutant Discharge Elimination System
pH - A numerical value representing the relative acidity or
alkalinity of the waste discharge
POTW - Public owned treatment works
RWQCB - Regional Water Quality Control Board, Central Valley
Region
SIU - Significant industrial user
TDS - Total dissolved solids
TSS - Total suspended solids
(Ord. 1576 § 2, 2016)
A.
Authorities
of the City of Manteca Public Works Department.
1.
Manteca
and its agent shall have the authority to inspect the premises of
any person discharging waste to the Manteca water pollution control
system, including, but not limited to, any areas or points of sampling,
discharge, process, storage, record keeping and/or any other areas
as deemed reasonable and necessary by the director of public works
to document the person's compliance with the requirements of this
waste ordinance or the industrial discharge permit.
2.
Manteca
and its agent, shall have the authority to witness any sampling and
sampling procedures as required of the user as part of the self-monitoring
program and under the terms of this waste ordinance and the industrial
discharge permit.
3.
Manteca
and its agent shall have the authority to terminate service and disconnect
any person from the water pollution control system who does not comply
with the requirements of this waste ordinance or the industrial discharge
permit.
4.
Manteca
and its agent, shall have the authority to obtain copies of any monitoring
and sampling records as necessary to establish compliance or non-compliance
with the objectives of this waste ordinance or the industrial discharge
permit, and if necessary, remove those records from the premises for
copying purposes. These records include, but are not limited to, record
keeping required under 40 CFR 403.12 of the Act.
5.
Manteca
and its agent shall have the authority to require an industrial waste
discharger to install and operate pretreatment facilities as deemed
reasonable and necessary by the deputy director of public works to
meet the EPA categorical pretreatment standards and the local limits
described in this waste ordinance.
6.
Manteca
and its agent shall have the authority to specify a compliance schedule
for the user to install pretreatment, monitoring, and sampling equipment,
and shall have the authority to require compliance reports on meeting
scheduled milestones.
7.
Manteca
and its agent shall have the authority to inspect the installation
and operation of the pretreatment facilities.
8.
Manteca
and its agent shall have the authority to issue an administrative
order, including a show cause order, cease and desist order, and compliance
order to any person discharging to the water pollution control system.
9.
Manteca
and its agent shall have the authority to seek injunctive relief and
pursue civil and criminal penalties for violations of this waste ordinance
as may be provided for under the Act and state and federal laws.
10.
Manteca and its agent shall have the authority to levy fees for additional services or to recover damage costs, which are a result of a discharge, as described in Section 13.20.050(F) of this waste ordinance.
11.
Manteca and its agent shall have the authority to halt or suspend
a discharge in the event of an actual or threatened discharge which
is in violation of this waste ordinance, the industrial discharge
permit, or the regulatory conditions of 40 CFR 403.8(f)(1)(vi)(B),
or in the event of an emergency, or a condition in which the safety
of humans or the environment is threatened.
B.
Authorities
of the Director and/or Deputy Director of Public Works.
1.
The
deputy director of public works of the city of Manteca or agent shall
have the authority to inspect the premises of the industrial waste
discharger, including, but not limited to, the process facilities,
discharge points, sampling points, and storage facilities, and/or
any other facilities as deemed reasonable and necessary by the deputy
director of public works, to ensure that the user is in compliance
with all provisions of the user's industrial discharge permit and
of this waste ordinance. The authority to inspect includes the authority
to collect samples of any wastes either being discharged to the water
pollution control system or having the potential to be discharged.
2.
The
deputy director of public works of the city of Manteca or agent shall
have the authority to require submission of all notices and self-monitoring
reports from any industrial user as required by this waste ordinance
and the user's permit, and any additional reports required to demonstrate
compliance with this waste ordinance and the permit requirements,
including, but not limited to, the reports required in Section 403.12,
and signatory and record keeping requirements of 40 CFR 403.12(1).
3.
The
deputy director of public works of the city of Manteca or agent shall
have the authority to require industrial users to develop a compliance
schedule to meet all applicable National Pretreatment Standards, California
state regulations, Manteca local limits, and all provisions of the
industrial discharge permit, and of this waste ordinance. The deputy
director of public works also shall have the authority to require
any person in non-compliance to submit progress reports for meeting
the goals provided under the compliance schedule.
4.
The
deputy director of public works of the city of Manteca or agent shall
have the authority to enter the premises of any person discharging
industrial waste into the Manteca system, at any time, as deemed reasonable
by the deputy director of public works.
5.
The
deputy director of public works of the city of Manteca or agent shall
have the authority to witness sampling and sampling procedures of
any person discharging industrial waste into the Manteca water pollution
control system.
C.
Responsibilities
of the Director of Public Works.
1.
The
director of public works shall be charged with the administration
of the water pollution control system and the enforcement of the provisions
of this waste ordinance. For such purposes, upon presentation of proper
credentials and identification, he or she, or his or her agent may
enter at reasonable times any premises in the service area to perform
any duty imposed upon him or her by this waste ordinance.
2.
The
director of public works shall be responsible for checking the quantitative
or qualitative compliance with the established regulations. Such quantitative
or qualitative analysis may be made either by spot checks or regularly
scheduled checks of all waste material.
3.
If the waste material is found to be in violation of the standards established in Section 13.20.040, Standards and limitations of this waste ordinance, it will be the responsibility of the director of public works or agent to request compliance and compliance reports from the user on the progress of corrective measures.
4.
The director of public works or agent shall have the authority to invoke emergency powers as described in Section 13.20.090(C) of this waste ordinance.
(Ord. 1576 § 2, 2016)
A.
The
city of Manteca has set forth the following prohibitions and limitations
for waste discharge to the Manteca water pollution control system.
Where National Categorical Standards are applicable, the discharger
must comply with the more stringent requirement of the Manteca local
limit or the applicable categorical standard for the given pollutant.
B.
General
Discharge Prohibitions. These general prohibitions and specific prohibitions
that follow apply to each user introducing pollutants into the POTW
whether or not the user is subject to other National Pretreatment
Standards or any national, state or local pretreatment requirements.
C.
No
person shall contribute to or cause to be contributed to the water
pollution control system any waste or any pollutant that will:
1.
Interfere
with, inhibit, or disrupt the operation, processes, or performance
of the water pollution control system (including the collection, treatment,
disposal systems, and sludge processes) or adversely affect the effluent
and sludge quality, in violation of Manteca's NPDES permit or any
other state or federal permit; or which cause Manteca to be in noncompliance
with statutory authorities cited in 40 CFR 403.3(i)(2).
2.
Damage
the water pollution control system.
3.
Cause
pass-through of the water pollution control system.
4.
Obstruct
Manteca's wastewater treatment or collection facilities.
5.
Cause
hazard to the public safety, the environment, or to Manteca personnel.
6.
Singly,
or in combination with waste present in the water pollution control
system, exit the Manteca water pollution control system into waters
of the United States and cause Manteca to violate any requirement
of its NPDES permit or any other state, federal, or local permits
or laws, including magnitude of the violation.
D.
Other
Prohibitions. No person shall discharge any pollutant(s), waste, industrial
or domestic, to the water pollution control system, except through
sewer connections approved by Manteca and the relevant member jurisdiction
or at approved discharge locations at the Manteca treatments works.
Discharge at any other location, including collection system manholes,
is prohibited without prior written approval from the director of
public works.
1.
Storm
Drainage and Groundwater Prohibition. Stormwater, groundwater, street
drainage, subsurface drainage, or yard drainage shall not be discharged,
either directly or indirectly, to the water pollution control system.
If such discharge is necessary, the city of Manteca director of public
works may approve an application for temporary discharge of such substances
in the event no alternate method of disposal is reasonably available.
Application for discharge of stormwater, groundwater, street drainage,
subsurface drainage, or yard drainage shall be made to the director
of public works in writing and must be approved by the director of
public works prior to discharge to the water pollution control system.
Such discharges shall be subject to all applicable requirements of
this waste ordinance and any applicable fees of the city of Manteca.
2.
Unpolluted
Water Prohibition. Unpolluted water, such as single-pass cooling water,
boiler blow-down water, and swimming pool water, shall not be discharged,
either directly or indirectly, to the water pollution control system.
If such discharge is necessary, the city of Manteca director of public
works may approve an application for temporary discharge of such substances
in the event no alternate method of disposal is reasonably available.
Application for discharge of unpolluted water shall be made to the
director of public works in writing and must be approved by the director
of public works prior to discharge to the water pollution control
system. Such discharges shall be subject to all applicable requirements
of this waste ordinance and any applicable fees of the city of Manteca.
3.
Additional
Prohibitions. Except as hereinafter provided, no person shall discharge,
or cause to be discharged, to the water pollution control system any
of the following described waters, pollutants or wastes:
a.
Any solid or viscous pollutants in amounts which will cause obstruction
to the flow in the collection system or the treatment works, or which
will require unusual attention or expense to convey and/or treat.
b.
Any discharge which creates a fire or explosion hazard in the collection
system or the treatment works, including, but not limited to, waste
streams with a closed cup flashpoint of less than one hundred forty
degrees Fahrenheit (sixty degrees Celsius) using test methods specified
in 40 CFR 261.21.
c.
Any heated discharges which cause the influent into the treatment
works to exceed one hundred four degrees Fahrenheit, and any heated
discharges which create a hazard to the water pollution control system
personnel or inhibit biological activity in the treatment plant.
d.
Any discharge which has been diluted as a partial or complete substitute
for treatment to achieve compliance with this waste ordinance, the
user's industrial discharge permit, or the National Categorical Standards.
e.
Any discharge of hazardous waste, as defined by Title 22 of the California
Code of Regulations without the written approval of the director of
public works.
f.
Any discharge which causes noxious or malodorous gases at or near
the Manteca water pollution control system facilities or the facilities
of any member jurisdiction of the city of Manteca, or which otherwise
creates a public nuisance.
g.
Any discharge which results in the formation of toxic gases, fumes,
or vapors in a quantity that endangers the health or safety of Manteca
personnel or the public.
h.
Any discharge of pesticides, herbicides, or polychlorinated biphenyls
(PCBs) in quantities deemed significant by the director of public
works.
i.
Any radioactive wastes, except as allowed under the "California Radiation
Control Regulations," CCR Title 23 Section 30100 et seq.
j.
Any discharge of any pollutant, including oxygen demanding pollutants
(BOD, etc.), released at a flow rate and/or concentration which either
singly or by interaction with other pollutants will cause interference
with the water pollution control system.
k.
Any discharge waters having an average daily flow greater than one-half
of one percent of Manteca's average dry weather flow (ADWF), without
the approval of the director of public works.
l.
Any discharge containing petroleum oil, non-biodegradable cutting
oil, or products of mineral oil origin in amounts that, alone or in
conjunction with other discharges, will cause interference or pass-through.
m.
Pollutants that will cause corrosive structural damage to the POTW,
but in no case discharges with a pH lower than 6.0, unless the works
is specifically designed to accommodate such discharges.
n.
Any trucked or hauled pollutants, except at discharge points designated
by the POTW.
o.
Any solid material not capable of passing through a three-eighths-inch
mesh screen.
p.
Floor drains in production areas with the exception of food processors
that drain to a pretreatment system, janitor's sinks, domestic drains
in restrooms, or with the written approval of the director of public
works.
E.
Limits.
Any exceedance or violation of these limits is considered to be a
violation of this waste ordinance and is enforceable by penalties.
1.
Any
discharge with a pH less than 6.0 or greater than but not equal to
12.5.
2.
Any
discharge having a closed cup flashpoint of less than one hundred
forty degrees Fahrenheit (sixty degrees Celsius) using test methods
specified in 40 CFR 261.21.
3.
The
following table lists the maximum waste discharge concentration for
the listed pollutants. The director of public works may impose mass
limits in addition to, or in place of the maximum concentration limits.
|
Pollutant
|
Maximum Concentration (mg/L)
|
|---|---|
|
Antimony
|
0.6
|
|
Arsenic
|
0.6
|
|
Barium
|
12.0
|
|
Beryllium
|
6.0
|
|
Boron
|
12.0
|
|
Cadmium
|
0.12
|
|
Chromium (Total)
|
0.6
|
|
Copper
|
2.4
|
|
Lead
|
0.6
|
|
Manganese
|
0.6
|
|
Mercury
|
0.005
|
|
Molybdenum
|
0.06
|
|
Nickel
|
4.1
|
|
Selenium
|
0.12
|
|
Silver
|
0.6
|
|
Tin
|
24
|
|
Vanadium
|
1.2
|
|
Zinc
|
1.0
|
|
Cyanide (Total)
|
1.2
|
|
Iron
|
None
|
F.
National
Categorical Standards. The National Categorical Standards found at
40 CFR Chapter I, Subchapter N, Parts 405 through 471, are hereby
incorporated into this waste ordinance and made a part thereof. All
categorical users are required to comply with those National Categorical
Standards, which are applicable to them.
G.
Point
of Application of Limits. Compliance with the discharge limits and
standards listed in this section shall be determined at a location
or locations deemed appropriate by the director of public works. Where
the National Categorical Standards are applicable, the point of application
shall be appropriate for these standards.
H.
Right
of Revision. The city of Manteca reserves the right to establish,
by this waste ordinance or in wastewater discharge permits, more stringent
standards or requirements on discharges to the POTW. The city reserves
the right to establish, by this waste ordinance or in wastewater discharge
permits, discharge limitations or prohibitions for pollutants not
specifically listed in this waste ordinance.
(Ord. 1576 § 2, 2016)
A.
Classification
of Users. All users shall be classified for wastewater disposal purposes
in accordance with the activities conducted upon the premises, as
determined by the director of public works. The purpose of classification
is to facilitate the regulation of wastewater dischargers and the
recovery of equitable and appropriate fees. The classification of
a user will be used to determine the discharge fee and connection
fee, as described in the Manteca fee schedule.
B.
Notification
of Industrial Discharge. Any person contributing industrial waste
to the Manteca water pollution control system is required to notify
the Manteca department of public works of their discharge. Any new
business is required to notify the department of public works of their
intent to discharge industrial waste ninety days prior to commencing
the discharge. These notification requirements are effective upon
the adoption date of this waste ordinance.
Discharge of industrial waste from any of the following sources
is subject to the approval of the director of public works: new connections,
added burden from increased or changed discharge by existing sources,
contaminated groundwater disposal, septage disposal, and limited and
temporary disposal of trucked or hauled waste.
Discharge Limitations. All industrial waste dischargers, users
of the Manteca water pollution control system, and permittees shall
comply with all provisions of this waste ordinance, the industrial
discharge permit, any applicable waste ordinance or permit of a member
jurisdiction; and any other applicable federal, state or local laws,
regulations, or permits for all discharges to the water pollution
control system.
C.
Industrial
Discharge Permit Requirements. Industrial discharge to the Manteca
water pollution control system may be permitted by the deputy director
of public works. Upon notification of an occurring or potential industrial
waste discharge the deputy director of public works or agent will
evaluate the waste flow, concentration, and make-up to determine if
the user requires an industrial discharge permit. If a permit is required,
the user will be required to complete an application for an industrial
discharge permit, to be submitted to the Manteca department of public
works within ninety days of the date of the notice to apply. The submittal
of an application form, application fee, or renewal form does not
guarantee the granting of a permit, and the application for permit
may be denied.
Industrial discharges which may require an industrial discharge
permit, and the permit requirements, procedures and industrial user
classification are described as part of this waste ordinance.
1.
Individual
Wastewater Discharge and General Permit—Duration. An individual
wastewater discharge permit or a general permit shall be issued for
a specified time period, not to exceed five years from the effective
date of the permit. An individual wastewater discharge permit or a
general permit may be issued for a period less than five years, at
the discretion of director of public works. Each individual wastewater
discharge permit or a general permit will indicate a specific date
upon which it will expire.
2.
Individual
Wastewater Discharge Permit and General Permit—Contents. An
individual wastewater discharge permit or a general permit shall include
such conditions as are deemed reasonably necessary by the director
of public works to prevent pass-through or interference, protect the
quality of the water body receiving the treatment plant's effluent,
protect worker health and safety, facilitate sludge management and
disposal, and protect against damage to the POTW.
a.
Individual wastewater discharge permits and general permits must
contain:
i.
A statement that indicates the wastewater discharge permit issuance
date, expiration date and effective date.
ii.
A statement that the wastewater discharge permit is nontransferable
without prior notification to the city in accordance with this waste
ordinance, and provisions for furnishing the new owner or operator
with a copy of the existing wastewater discharge permit.
iii.
Effluent limits, including best management practices, based
on applicable pretreatment standards.
iv.
Self-monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of
pollutants (or best management practice) to be monitored, sampling
location, sampling frequency, and sample type based on federal, state,
and local law.
v.
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state, or local law.
vi.
Requirements to control slug discharge, if determined by the director
to be necessary.
vii.
Record Keeping Requirement. All persons subject to the reporting
requirements of this waste ordinance and 40 CFR 403.8(f)(1)(B)(4)
shall maintain records of all information resulting from any monitoring
activities and results, and make such records available for inspection
and copying by EPA officials and Manteca personnel or agents, for
a minimum of three years, or a period of litigation whichever is longer.
b.
Individual wastewater discharge permits or general permits may contain,
but need not be limited to, the following conditions:
i.
Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization;
ii.
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 treatment works;
iii.
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;
iv.
Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
v.
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW;
vi.
Requirements for installation and maintenance of inspection and sampling
facilities and equipment, including flow measurement devices;
vii.
A statement that compliance with the individual wastewater discharge
permit or the general permit does not relieve the permittee of responsibility
for compliance with all applicable federal and state pretreatment
standards, including those which become effective during the term
of the individual wastewater discharge permit or the general permit;
and
viii.
Other conditions as deemed appropriate by the director to ensure
compliance with this waste ordinance, and state and federal laws,
rules, and regulations.
D.
Permit
Limitations.
1.
All
industrial discharge permits shall be expressly subject to all provisions
of the waste ordinance and all rates and charges established by Manteca.
All permits shall be issued for a specified time period, not to exceed
five years. The deputy director of public works may establish renewal
dates from one to sixty months.
2.
No
vested rights of any type whatsoever of discharge to or sewerage capacity
in the sanitary sewer system is created by the issuance of an industrial
discharge permit.
3.
Each
permit is subject to renewal upon request to Manteca. Applications
for permit renewal shall be submitted to Manteca by the deadline stated
in the user's waste discharge permit. Permit renewal is not guaranteed
and shall be subject to capacity limitations, treatment requirements,
and compliance history considerations.
4.
The
permitted discharge is accepted only on a capacity available basis.
Such discharge is subject to reduction, modification, suspension,
or termination at any time by Manteca with a phone call or written
notice. Discharge shall cease immediately upon request by Manteca
and shall not be continued without written permission from Manteca.
5.
Any
permit issued pursuant to this waste ordinance may be revoked or suspended
at any time by the director of public works for fraud, misrepresentation,
or false statement contained in an application for permit, or for
violation of any condition of permit, or of any provisions of this
waste ordinance.
6.
Any
permit issued pursuant to this waste ordinance may be modified, at
any time, by the deputy director of public works, including the term
and conditions for industrial discharge, discharge quantity, and/or
concentration limits authorized therein.
E.
Permit
Transfer. The industrial discharge permit is issued only to a specific
person and for a specific location, as designated in the permit, and
shall not be assignable nor transferable to any other person or any
other location. Sale or relocation of a business, public agency, or
person shall obligate the business, public agency, or person to obtain
written approval from the deputy director of public works prior to
continuing the discharge under the terms and conditions of the original
permit, and to make application to obtain new industrial discharge
permit ninety days before commencing the continued discharge. Permit
transfer as a result of corporate or personnel reorganization, insolvency
or bankruptcy shall be subject to the approval of the deputy director
of public works and must be requested in writing by the user.
F.
Authority to Assess and Collect Fees. All discharges to the Manteca water pollution control system shall be subject to the terms and conditions of this waste ordinance and to the terms, conditions, fees, and fines as described below and as contained in the Manteca Fee Schedule and as set forth in Section 13.20.090 of this waste ordinance.
Manteca shall have the authority to assess and collect fees,
for cost recovery purposes. The fees are cumulative and may include,
but are not limited to, the following:
1.
Permit
Fee. A permit fee is due when the permit application is submitted
to Manteca. The purpose of this fee is to recover costs incurred by
Manteca for application review, permit issuance, and administration
of the permit. The permit fee shall be as below, based on the classification
of the discharger by the director of public works or agent. The classification
will be based primarily on the amount of Manteca resources expected
to be required for permit issuance and administration. Where a permit
is denied, after payment of the permit fee, a portion of the fee may
be refunded to the discharger, at the discretion of the director of
public works.
2.
Inspection
Fee. The purpose of this fee is to recover Manteca costs for review
and/or inspection of a user's pretreatment system design, drawings,
construction and/or operations, chemical or hazardous materials storage
and/or sampling facilities, and procedures used by the user, as applicable
and as deemed necessary and reasonable by the deputy director of public
works, to demonstrate compliance with this waste ordinance or any
directive of the director of public works or Manteca. This fee is
due when the service is rendered.
3.
Sampling
Fee. The purpose of this fee is to recover Manteca costs for sampling,
lab fees, travel, equipment, labor or any other costs accrued by Manteca
to complete sampling as required by this waste ordinance, the industrial
discharge permit, or under directive of the director of public works
to demonstrate compliance. This fee is due when the service is rendered.
4.
Noncompliance
Fees. These are fees resulting from violations of this waste ordinance
or the industrial discharge permit. There is no upper limit for noncompliance
fees which may include any or all of the following, dependent upon
the severity of the violation or violations.
a.
Inspection Fee. The purpose of this fee is to reimburse Manteca for
any inspection costs as necessary and reasonable to demonstrate compliance
with this industrial ordinance and/or the industrial discharge permit,
following a violation.
b.
Additional Sampling Fee. The purpose of this fee is to recover Manteca
costs for sampling, lab fees, travel, equipment, labor and any other
costs incurred by Manteca, to complete sampling and to demonstrate
compliance with this waste ordinance and/or the industrial discharge
permit.
c.
Damage Fee. The purpose of this fee is to recover costs incurred
by Manteca for the protection from or repair of damage to the water
pollution control system because of a harmful or hazardous discharge
in violation of this waste ordinance by any person.
d.
Manteca Permit Violation Fee. The purpose of this fee is to recover
costs assessed to Manteca as a result of a user discharge violation
causing pass-through or interference, such that Manteca is unable
to meet the requirement of its NPDES permit or any other permit requirements,
including an increase in the magnitude or duration of a violation.
The fee shall include the amount of any fine(s) levied against Manteca
by EPA or any other regulatory agency issuing a fine, because of a
violation of Manteca's permit. The permit violation fee shall also
include reimbursement of costs for sampling, travel, labor, and any
other expenses incurred by Manteca as a result of the person's discharge
causing Manteca to be in violation of its permit.
|
The fees listed and described in this section, shall be payable
to Manteca only and do not include any additional fees which may be
levied by any member jurisdiction providing collection services.
|
5.
Delinquent
Fees. All fees as described above, are due and payable within five
days of the posted mailing date of the notice. All fees not paid within
thirty days of issuance will be considered delinquent and are subject
to a subsequent delinquent charge amounting to ten percent of the
amount of the fee in question. Failure to pay fees within ninety days
of issuance shall result in enforcement action by Manteca. This enforcement
action may include termination of service and/or civil action to collect
all outstanding fees, and delinquent charges. All costs resulting
from this enforcement action will be paid by the user.
(Ord. 1576 § 2, 2016)
A.
What
to Report. Under the terms and conditions of this waste ordinance
and the industrial discharge permit all persons discharging to the
Manteca water pollution control system shall report to Manteca any
and all of the following events:
1.
Noncompliance.
Any person required to perform self-monitoring shall report any violation
to the deputy director of public works or agent, within twenty-four
hours of becoming aware of the violation. Notification to Manteca
may be by telephone, in person, or in writing. All verbal notifications
shall be followed by a written report of the violation. This reporting
will coincide with, or be in addition to, any self-monitoring reports
required by the industrial discharge permit. Where the discharge in
violation has a reasonable potential to affect the water pollution
control system, notification to Manteca will be made immediately.
The authority to require such reporting is provided in the Federal
Clean Water Act.
Under the requirements of 40 CFR, 403.12(g), if sampling by
the discharger indicates a violation of this waste ordinance or the
industrial discharge permit requirements, the discharger shall notify
Manteca of the violation within twenty-four hours of becoming aware
of the violation and shall repeat the sampling and analysis in two
separate sampling events and submit the results of the repeat analysis
to Manteca within thirty days after becoming aware of the violation
and taking actions to prevent further occurrence.
The city shall perform a resample event of the discharge violation
to verify compliance with this waste ordinance.
2.
Change
in Process. All persons discharging industrial waste to the water
pollution control system shall report in writing in their industrial,
manufacturing, or operating processes that could affect the quality
or quantity of their discharge, prior to commencing the changed discharge.
Notification will be to the deputy director of public works or agent.
Where the anticipated changes in discharge volume or content have
a reasonable potential to affect the water pollution control system,
notification shall be at least ninety days prior to commencing the
changed discharge.
3.
Storage
of Materials and Waste. Within the Manteca service area, all persons
storing or using materials or waste in such quantities that a spill
or leakage could adversely affect the water pollution control system,
shall report in writing such storage to the deputy director of public
works or agent. The director of public works may, as deemed necessary,
require a written report including, but not limited to, any or all
of the following elements. The deadline for submission of the report
shall be as deemed necessary and reasonable by the director of public
works.
a.
Description of stored materials and waste, including description
of storage and disposal practices.
b.
Description of discharge practices, including non-routine "batch"
discharges.
c.
Procedures for immediately notifying Manteca of spills or other atypical
discharges to the water pollution control system.
d.
Procedures for preventing and/or mitigating spills or other atypical
discharges to the water pollution control system. Procedures addressing
spills to the storm drain or surface waters may also be required.
4.
Slug
Discharge. Any person who must make a slug discharge shall notify
the deputy director of public works or agent of the discharge immediately.
This notification shall be by phone call or in person. The deputy
director of public works may require a subsequent written report of
the event.
At least once every two years, the deputy director of public
works shall evaluate whether each significant industrial user needs
an accidental discharge/slug control plan. The deputy director of
public works may require any user to develop, submit for approval,
and implement such a plan. Alternatively, the deputy director of public
works may develop such a plan for any user. An accidental discharge/slug
control plan shall address, at a minimum, the following:
a.
Description of discharge practices, including non-routine batch discharges;
b.
Description of chemicals stored;
c.
Procedures for immediately notifying the deputy director of public
works and the POTW and any accidental or slug discharge;
d.
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operation, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants, including solvent, and/or
measures and equipment for emergency response.
5.
Reports
of Changed Conditions. Each user must notify the director of any significant
changes to the user's operations or system which might alter the nature,
quality, or volume of its wastewater at least thirty days before the
change.
a.
The director may require the user to submit such information as may
be deemed necessary to evaluate the changed condition, including the
submission of a wastewater discharge permit application.
b.
The director may issue an individual wastewater discharge permit
or a general permit or modify an existing wastewater discharge permit
or a general permit in response to changed conditions or anticipated
changed conditions.
6.
Reports
of Potential Problems.
a.
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, a slug discharge or slug load, that might cause potential
problems for the POTW, the user shall immediately telephone and notify
the director of the incident. This notification shall include the
location of the discharge, type of waste, concentration and volume,
if known, and corrective actions taken by the user.
b.
Within five days following such discharge, the user shall, unless
waived by the director, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall
not relieve the user of any expense, loss, damage, or other liability
which might be incurred as a result of damage to the POTW, natural
resources, or any other damage to person or property; nor shall such
notification relieve the user of any fines, penalties, or other liability
which may be imposed pursuant to this waste ordinance.
c.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (6)(a). Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
d.
Significant industrial users are required to notify the director
immediately of any changes at its facility affecting the potential
for a slug discharge.
7.
Discharge
of Hazardous Waste. All industrial users shall notify Manteca, the
EPA, and the California Waste Management Board, in writing, of any
discharge into the water pollution control system of any substance
which, if otherwise disposed, would constitute a hazardous waste under
40 CFR 261. The information required in the notification, the time
frames for reporting, and conditions under which notification does
not have to be made are all as specified in 40 CFR 403.12(p). The
director of public works shall make determination if routine, permitted
discharges of hazardous waste of no more than fifteen kilograms per
one calendar month (less than one pound per day) to the water pollution
control system must be reported to the POTW. This determination shall
be made on a case-by-case and user basis.
8.
Baseline
Monitoring Reports. All categorical industrial users must submit baseline
monitoring reports, compliance schedule progress reports, ninety-day
compliance reports, periodic reports on continued compliance, and
notices of slug loading per 40 CFR 403.12 at a frequency deemed reasonable
by the director of public works.
B.
Types of Reports. The deputy director of public works or agent may require any person discharging industrial waste to submit any or all of the following reports in addition to any reports required under Section 13.20.060(A) of this waste ordinance:
Baseline monitoring reports.
Compliance reports.
Compliance schedule progress reports.
Periodic reports on continued compliance.
Wastewater discharge permits and applications.
Any other reports as reasonable and necessary to demonstrate
compliance with this waste ordinance or the waste discharge permit.
All submitted baseline monitoring reports, compliance reports,
compliance schedule progress reports, periodic reports on continued
compliance, and wastewater discharge permits and applications, shall
be signed by the industrial user or authorized agent in accordance
with 40 CFR 403.12(1)(I). This person shall be the same person who
signs the application for an industrial discharge permit, unless an
agent is designated at the time the industrial discharge permit is
issued. These reports shall contain the following certification statement
specified in 40 CFR 403.6(a)(2)(ii):
"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."
The reports which may be required by the deputy director of
public works are discussed below.
1.
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, existing categorical users currently discharging
to or scheduled to discharge to the POTW shall submit to the deputy
director of public works a report which contains the information listed
in subsection (B)(2). New sources and sources that become categorical
users subsequent to the promulgation of an applicable categorical
standard shall submit, ninety days before commencement of discharge,
a report that contains the information listed in subsection (B)(2).
This report shall be in writing and be submitted to the deputy director
of public works. Baseline monitoring reports for categorical users
shall include all the information set forth in 40 CFR 403.12(b)(1)
through (7).
Baseline Monitoring Report Information. Users required to submit
a baseline monitoring report shall include the following information
in the baseline monitoring report.
a.
Identifying Information. The name and address of the facility, including
the name of the operator and owner.
b.
Environmental Permits. A list of any environmental control permits
held by or for the facility.
c.
Description of Operations. A brief description of the nature, average
rate of production, and standard industrial classifications of the
operation(s) carried out by such user. This description should include
a schematic process diagram that indicates points of discharge to
the POTW from the regulated process.
d.
Flow Measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set in 40 CFR 403.6(e).
e.
Measurement of Pollutants. The categorical pretreatment standards
applicable to each regulated process.
The results of sampling and analysis identifying the nature and concentration, and/or mass, required by the standard or by the city, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operation and shall be analyzed in accordance with procedures set out in Section 13.20.070 of this waste ordinance.
Sampling must be performed in accordance with procedures set out in Section 13.20.070 of this waste ordinance.
f.
Certification. A statement, reviewed by the user's authorized representative
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 and/or additional pretreatment
is required to meet the pretreatment standards and requirements.
g.
Compliance Schedule. If additional pretreatment and/or operation
and maintenance will be required to meet the pretreatment standards,
the shortest schedule by which the user will provide such additional
pretreatment and/or operation and maintenance. The completion date
in this schedule shall not be later than the compliance date established
for the applicable pretreatment standard. A compliance schedule pursuant
to this section must meet the requirements set out in subsection (B)(2)
of this section.
2.
Compliance
Reports. Any person discharging industrial waste to the water pollution
control system may be required to submit a report demonstrating compliance
with this waste ordinance and any applicable industrial discharge
permit to the deputy director of public works. This report shall be
submitted, at a minimum, semi-annually and as specified in the person's
industrial discharge permit. In cases of known or suspected noncompliance
the deputy director of public works may require additional and more
frequent compliance reporting.
All categorical users shall submit a report demonstrating compliance
with the applicable National Categorical Standards within ninety days
following the date for final compliance with those Standards.
All significant industrial users shall, at a frequency determined by the deputy director of public works, but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge, and the measured or estimated average and maximum daily flow for the reporting period. Categorical industry compliance reports shall include pollutants regulated by the applicable pretreatment standard. Non-categorical significant industry compliance reports shall include the pollutants identified in the user's industrial discharge permit. All periodic compliance reports must be signed and certified in accordance with subsection B of this section.
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 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.
If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the deputy director of public works, using the procedures prescribed in Section 13.20.070 of this waste ordinance, the results of this monitoring shall be included in the report.
a.
Compliance Schedule Progress Reports. All persons found to be in
violation of this waste ordinance, the industrial discharge permit,
or any state or federal regulation prohibiting or limiting waste discharge,
may be required to prepare a schedule of actions to bring the discharge
into compliance under the direction of the deputy director of public
works.
The director of public works shall have the final authority
to: determine if an action is acceptable and appropriate; set the
time frame to complete compliance action; set the frequency of required
compliance reporting; set the frequency for required sampling; set
monitoring and inspection requirements; and determine any additional
actions necessary for the user to meet the compliance schedule on
a timely basis.
Any user subject to a compliance schedule shall submit to Manteca,
for each compliance step in the schedule, a report stating whether
or not compliance was achieved. Where a compliance schedule milestone
is not met, the report must state the reasons for noncompliance, the
steps being taken to comply with the compliance schedule, and the
date when the compliance will be met. Each report must be submitted
not later than fourteen days after the date of the compliance step,
specified in the compliance schedule.
The following conditions shall apply to the compliance schedule
required by subsection (B)(2) of this section.
i.
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operations);
ii.
No increment referred to above shall exceed nine months;
iii.
The user shall submit a progress report to the deputy director
of public works no later than fourteen days following each date in
the schedule and the final date of compliance including, as a minimum,
whether or not is complied with the increment of progress, the reason
for any delay, and, if appropriate, the steps being taken by the user
to return to the established schedule; and
iv.
In no event shall more than nine months elapse between such progress
reports to the deputy director of public works.
b.
Categorical Pretreatment Standard Deadline Compliance Report. Within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the deputy director of public works a report containing the information described in subsection (B)(2) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or another measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with subsection B of this section.
3.
Changed
Condition Reports. Each user must notify the deputy director of public
works of any planned significant changes to the user's operations
or system which might alter the nature, quality, or volume of its
wastewater at least ninety days before the change. Any user increasing
the volume of wastewater above its sewer allocation must apply for
and receive an additional sewer allocation through the community development
department.
a.
The deputy director of public works may require the user to submit such information as may be deemed necessary to evaluate the changed conditions, including the submission of wastewater discharge permit application under Section 13.20.050 of this waste ordinance.
b.
The deputy director of public works may issue a wastewater discharge permit under Section 13.20.050(C) of this waste ordinance or modify an existing wastewater discharge permit under Section 13.20.050(C) of this waste ordinance in response to changed conditions or anticipated changed conditions.
c.
For the purpose of this requirement, significant changes include,
but are not limited to, flow increases of twenty percent or greater,
flow increases greater than the user's sewer allocation, and the discharge
of any previously unreported pollutants.
4.
Periodic
Reports on Continued Compliance. [Note: All SIUs are required to submit
periodic compliance reports even if they have been designated a non-significant
categorical industrial user under the provisions of 40 CFR 403.3(v)(2).]
All significant industrial users and categorical industrial
users must, at a frequency determined by the director submit no less
than twice per year (June and December) reports indicating the nature,
concentration of pollutants in the discharge which are limited by
pretreatment standards and the measured or estimated average and maximum
daily flows for the reporting period. In cases where the pretreatment
standard requires compliance with a best management practice (BMP)
or pollution prevention alternative, the user must submit documentation
required by the director or the pretreatment standard necessary to
determine the compliance status of the user.
5.
Other
Reports. All industrial users shall submit to the deputy director
of public works any other reports as deemed reasonable and necessary
by the deputy director of public works, in addition to those described
above, to demonstrate compliance with this waste ordinance, the industrial
discharge permit, or any applicable state and federal regulations.
Such reports include, but are not limited to, any reports or plans
required by federal, California state, or local laws or regulations.
C.
Record
Keeping Requirement. All persons subject to the reporting requirements
of this waste ordinance and 40 CFR 403.12 shall maintain records of
all information resulting from any monitoring activities and results,
and make such records available for inspection and copying by EPA
officials and Manteca personnel or agents, for a minimum of three
years, or a period of litigation whichever is longer.
(Ord. 1576 § 2, 2016)
A.
Inspection
Procedure. Manteca shall inspect the premises of any user to establish
compliance with the provisions of this waste ordinance, the user's
industrial discharge permit, and any applicable California state,
federal, and local laws pertaining to the treatment and discharge
of waste to the water pollution control system.
1.
Inspections
shall be made under the provisions of this waste ordinance and/or
the user's industrial waste permit. If the user refuses reasonable
access to the premises for purposes of inspection and monitoring,
Manteca shall notify the user that he or she is in violation of this
waste ordinance and the deputy director of public works may issue
an administrative order, mandating such access by a specified date
and at all reasonable times subsequent to that date.
2.
An
administrative warrant may be obtained in instances where the deputy
director of public works or agent believes there is substantial evidence
that user refusal to consent to inspection and/or monitoring is concealing
criminal acts, or willful or negligent discharges in violation of
this waste ordinance or any other applicable laws or regulations.
3.
Where deemed necessary to protect the water pollution control system, the environment, or the public health, safety, or welfare from the effects of present or imminent discharges, the director of public works or agent may invoke emergency measures, as described in Section 13.20.090(C) of this waste ordinance. These measures include providing access to a premises for the director of public works or agents, without the consent of the owner or user.
4.
Manteca
retains the right to enter the premises to inspect the premises, processes,
and records of the user; to sample or monitor the discharge, and to
copy all records relating to pretreatment, chemical and waste storage,
and waste discharge to the Manteca water pollution control system,
pursuant to 40 CFR 403.8(f)(1)(v), to verify that the waste discharge
is in compliance with industrial discharge permit, with this waste
ordinance, and all applicable state, federal, and local laws pertaining
to pretreatment and waste disposal to POTWs or waters of the United
States. Manteca shall also have the right to install and operate any
necessary sampling and monitoring equipment on the premises of the
user, at a fee cost to the user, to document compliance.
5.
The
user shall provide a discharge sampling point and Manteca staff shall
have access to the sampling point at all reasonable times. Manteca
has the right to observe any waste sampling conducted by the user.
6.
In
the event of an emergency or a spill on the user's premises, the user
shall notify the Manteca POTW and the fire department that a spill
has occurred or is occurring and of the type of spill, including the
content, volume, location, and approximate time that the spill occurred
or began. Notification to Manteca of a spill implies consent for Manteca
to enter and inspect the premises. Manteca staff may enter and inspect
the premises at that time, as reasonable, to abate the spill or emergency
event and to determine the circumstances of the spill event.
B.
Monitoring
Requirements. Manteca may require users to monitor their discharge
to the water pollution control system and report the results of the
monitoring to Manteca periodically. These monitoring and reporting
requirements are specific to the discharger, and are listed in the
industrial discharge permit. The deputy director of public works may
require additional monitoring and reporting to document compliance.
1.
Manteca
may require waste dischargers to install and operate monitoring facilities
at the point of discharge to the water pollution control system, at
the expense of the discharger. Manteca may also choose to install
and operate monitoring facilities on the premises of the discharger
to document compliance. These Manteca installed and operated facilities,
if required, will be at a fee cost to the user. The monitoring facilities
will be constructed, installed and operated to allow for inspection,
sampling, and measurement of flow or other parameters of the regulated
discharge. The monitoring facilities shall be in accordance with Manteca
construction standards and specifications. The facilities also shall
be maintained at all times in a safe and proper operating condition
at the expense of the discharger.
2.
Manteca
may require the discharger to conduct sampling and analysis of the
discharge at a frequency and type as specified by the deputy director
of public works or as required by the Federal Pretreatment Regulations
to demonstrate compliance with the prescribed waste discharge limits.
C.
Sampling.
The user shall sample his or her discharge to the waste pollution
control system at the frequency provided in the industrial discharge
permit or as deemed reasonable and necessary by the deputy director
of public works to demonstrate compliance. The deputy director of
public works may require sampling to be conducted by nonpermitted
users, at his or her discretion, or if noncompliance is suspected,
in which case, nonpermitted dischargers will be subject to the same
sampling and reporting requirements as permitted dischargers. The
discharger shall use the sampling and test procedures prescribed in
40 CFR Part 136 "Guidelines Establishing Test Procedures for the Analysis
of Pollutants," or amendments thereto, or otherwise approved by EPA.
Manteca also may specify additional sampling requirements or conduct
sampling as necessary and reasonable to insure compliance with this
waste ordinance and/or the industrial discharge permit.
1.
Initial
sampling equipment and methods shall be observed by the deputy director
of public works or agent. Before conducting initial sampling, the
user shall notify Manteca three days in advance and schedule a time
for Manteca staff to be present to observe the sampling procedure.
All sampling required by the industrial discharge permit, this waste
ordinance, or Manteca shall be at the expense of the user. The installation
of sampling equipment and/or the conducting of sampling on the user's
premises is at a fee cost to the user. All discharge samples for monitoring
and reporting shall be analyzed at a laboratory facility approved
by the deputy director of public works.
2.
Samples
collected to satisfy reporting requirements must be based on data
obtained through appropriate sampling and analysis performed during
the period covered by the report, based on data that is representative
of conditions occurring during the reporting period.
a.
Except as indicated in subsections b and c of this section, the user must collect wastewater samples using twenty-four-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 city, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 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 city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
b.
Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
c.
For sampling required in support of baseline monitoring and ninety-day
compliance reports required in 40 CFR 403.12(b) and (d), 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 director may authorize
a lower minimum. For the reports required by 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.
D.
Pretreatment.
Persons discharging waste to the Manteca water pollution control system
shall install and operate any necessary wastewater treatment facilities
or equipment as required by the deputy director of public works to
achieve compliance with this waste ordinance and all National Pretreatment
Standards, within the time limitations specified in the National Pretreatment
Regulations, this waste ordinance, or the industrial discharge permit,
whichever occurs first. Any pretreatment facilities or equipment required
to bring the discharge in compliance with federal regulations, the
requirements of this waste ordinance, or the industrial discharge
permit shall be provided by the user at his or her expense.
Detailed plans for the construction and operation of the pretreatment
facilities shall be provided to Manteca for review and approval prior
to commencing construction. However, the review and approval of such
plans shall in no way relieve the user of the responsibility to modify
the pretreatment facilities, equipment, or operating procedures as
necessary to bring the discharge to an acceptable level of treatment.
Any subsequent changes to the design, installation, construction,
or operation of the pretreatment facilities or equipment shall be
reported to Manteca in writing and shall be acceptable to Manteca
prior to initiating such changes.
Manteca may specify operational and/or recording procedures
relative to routine operation of the pretreatment facilities. Such
requirements may include, but are not limited to, operation and maintenance
manuals, operation logbooks, operator training, and on-site storage
of spare parts and reserve treatment chemicals.
E.
Restaurant
Grease Traps. Restaurant process drains shall be connected to a grease
trap of a size and design deemed sufficient by the deputy director
of public works. These will be accessible for inspection by the deputy
director of public works or agent at all reasonable times. The traps
will be maintained as deemed sufficient by the deputy director of
public works.
(Ord. 1576 § 2, 2016)
All information and data submitted by the industrial user or
obtained from the user, in accordance with this waste ordinance, shall
be available to the public or and governmental agencies without restriction;
unless protected by state law.
(Ord. 1576 § 2, 2016)
A.
Enforcement
Mechanisms. This section presents the enforcement mechanisms and penalties
available to the city of Manteca to respond to instances of noncompliance.
The remedies for noncompliance, enforcement mechanisms, and penalties
are cumulative. The intent of this subsection is to provide adequate
mechanisms to achieve a maximum degree of compliance from all waste
dischargers. The following enforcement provisions apply to all users
of the Manteca water pollution control system, either directly or
indirectly, to the extent that a user violates any provision of this
waste ordinance, the industrial discharge permit, or an administrative
order issued by Manteca.
1.
Notice
of Violation (NOV). An NOV is always presented to the user in writing.
An NOV may be issued by the deputy director of public works or agent
in response to minor violations of this waste ordinance or the industrial
discharge permit. Manteca shall issue an NOV within ten working days
of a violation or notification that a violation has occurred. In an
emergency, Manteca may issue a verbal NOV which will be followed by
a written notice.
An NOV may also contain specific actions for the user to complete
such as conducting additional sampling, monitoring, or reporting,
or applying for an industrial discharge permit or permit renewal.
2.
Noncompliance
Fees. Manteca has the authority to assess fees for the reimbursement
of costs accrued by Manteca as a result of a violation by a user.
a.
Sampling and Inspection Fees. The deputy director of public works
may assess fees to the user for additional sampling, inspection, monitoring,
or the installation of Manteca equipment on the user's premises to
sample or monitor a discharge.
b.
Damage Fee. The deputy director of public works may also assess damage
fees to recover costs for damage to the water pollution control system,
Manteca, or the environment as a result of a discharge violation.
c.
Permit Violation Fee. The deputy director of public works may assess
a permit violation fee to recover costs for fines assessed to Manteca
as a result of a violation of its NPDES permit or any other federal,
California State, or local permit. The deputy director of public works
also may include reimbursement of costs accrued by Manteca for additional
sampling, inspection, environmental clean-up, lab fees, and any other
costs incurred by Manteca as a result of the permit violation. These
costs may be included as part of the permit violation fee and damage
fee which may be assessed to the user, if the discharge violation
caused, singly or in combination with other discharges, Manteca to
violate its permit. This includes an increase in the order of magnitude
of the Manteca permit violation.
3.
Suspend
Service. Manteca has the authority to suspend service to any user
found in violation of the waste ordinance, the industrial discharge
permit, California state and/or federal regulations, or the local
limits.
The director of public works or agent may also suspend service
in instances when a user refuses Manteca staff entry to the user's
premises for inspection, monitoring, or sampling purposes or to abate
a perceived illegal discharge. The suspension of service may remain
in force until the user allows entry to the premises.
4.
Administrative
Order. Manteca has the authority to issue an administrative order
to bring a user into compliance. An administrative order maybe either
a cease and desist order, show cause order, or compliance order. The
filing of an administrative order is under the discretion of the director
and/or deputy director of public works and is considered to be an
intermediate step to enforcing compliance.
5.
Annual
Publication of SNC Dischargers. In order to comply with Federal Pretreatment
Regulations, 40 CFR 403.8(f)(2)(vii), and to encourage users to remain
in compliance, Manteca shall annually publish a list of all users
which were in significant noncompliance (SNC) at any time in the past
twelve months. This public notification shall be in the largest daily
newspaper published in the service area.
6.
Other
Noncompliance Penalties. The following enforcement measures will be
used in instances of serious noncompliance, usually resulting in extreme
damage to the water pollution control system, or from fraudulent practices,
criminal noncompliance, violation of an administrative order, violation
of a compliance schedule, or negligent or intentional discharge of
waste which causes a threat to the health and/or safety of the public,
Manteca personnel, or the environment.
a.
Terminate Service. Waste discharge service to the water pollution
control system may be terminated, by disconnection of a user's sewer
connection, upon written notice by the director of public works or
agent for any of the following reasons:
i.
Violation of an administrative order.
ii.
Refusal to cooperate with Manteca staff or comply with Manteca policies.
iii.
Refusal to allow Manteca staff reasonable access to a premises
for purposes of inspection, monitoring, or abating an illegal discharge.
iv.
Fraudulent actions relating to reporting, self-monitoring, or Manteca
sampling or inspection.
v.
One or more serious violations which endanger the health and/or safety
of the public or Manteca personnel or which endangers the water pollution
control system and/or the environment.
b.
Pursuit of Criminal Prosecution. Where Manteca or its director of
public works determines that a criminal violation of the waste ordinance
has occurred, Manteca may pursue criminal prosecution, pursuant to
provisions of the Federal Clean Water Act and California Government
Code Sections 54725 and 54739. For each violation the offender may
receive thirty days in jail or a fine of one thousand dollars, or
both. A violation may be recorded for each instance of non-compliance
and for each day the noncompliance occurred.
c.
Pursuit of Civil Action. Where deemed appropriate by the director
of public works and the city attorney, Manteca will pursue civil action.
Actions taken may include, but are not limited to: civil suits for
damage to the water pollution control system, injunctive relief, and/or
civil penalties. Civil actions may be pursued on a strict liability
basis, regardless of intent, and shall include reimbursement for all
costs incurred by Manteca, including costs for repair, administrative
costs, and a penalty of twenty-five thousand dollars per day for each
violation pursuant to California Government Code Section 54740.
d.
Additional Administrative Remedies. Pursuant to California Government
Code Section 54740.5 [Violations—Administrative Complaints;
Civil Penalties], the director of public works may issue an administrative
complaint to any person who violates any requirement adopted or ordered
by a local agency pursuant to paragraph (1) or (2) of subdivision
(a) of Section 54739. The administrative complaint shall allege the
act or failure to act that constitutes the violation of the local
agency's requirements, the provisions of law authorizing civil liability
to be imposed, and the proposed civil penalty.
The administrative complaint shall be served by personal delivery
or certified mail on the person subject to the local agency's discharge
requirements, and shall inform the person served that a hearing shall
be conducted within sixty days after the person has been served. The
hearing shall be before a hearing officer designated by the governing
board of the city of Manteca. The person who has been issued an administrative
complaint may waive the right to a hearing, in which case the local
agency shall not conduct a hearing. A person dissatisfied with the
decision of the hearing officer may appeal to the governing board
of the local agency within thirty days of notice of the hearing officer's
decision.
If after the hearing, or appeal, if any, it is found that the
person has violated reporting or discharge requirements, the hearing
officer or board may assess a civil penalty against that person. In
determining the amount of the civil penalty, the hearing officer or
board may take into consideration all relevant circumstances, including,
but not limited to, the extent of harm caused by the violation, the
economic benefit derived through any noncompliance, the nature and
persistence of the violation, the length of time over which the violation
occurs and corrective action, if any, attempted or taken by the discharger.
Civil penalties may be imposed by the city of Manteca as follows:
i.
In an amount which shall not exceed two thousand dollars for each
day for failing or refusing to furnish technical or monitoring reports.
ii.
In an amount which shall not exceed three thousand dollars for each
day for failing or refusing to timely comply with any compliance schedule
established by the local agency.
iii.
In an amount which shall not exceed 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 local agency.
iv.
In an amount which does not exceed 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 of Manteca.
v.
The amount of any civil penalties imposed under this section which
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.
The lien provided herein shall have no force and effect until recorded
with the county recorder and when recorded shall have the force and
effect and priority of a judgment lien and continue for ten years
from the time of recording unless sooner released, and shall be renewable
in accordance with the provisions of Sections 683.110 to 683.220,
inclusive, of the Code of Civil Procedure.
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All moneys collected under this section shall be deposited in
a special account of the city of Manteca and shall be made available
for the monitoring, treatment, and control of discharges into the
local agency's sanitation or sewer system or for other mitigation
measures.
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Unless appealed, orders setting administrative civil penalties
shall become effective and final upon issuance thereof, and payment
shall be made within thirty days. Copies of these orders shall be
served by personal service or by registered mail upon the party served
with the administrative complaint and upon other persons who appeared
at the hearing and requested a copy.
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The city of Manteca may, at its option, elect to petition the
Superior Court to confirm any order establishing civil penalties and
enter judgment in conformity therewith in accordance with the provisions
of Sections 1285 to 1287.6, inclusive, of the Code of Civil Procedure.
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No penalties shall be recoverable under this section for any
violation for which civil liability is recovered under Section 54740.
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B.
Costs
for Enforcement Actions. All costs accrued by Manteca to undertake
enforcement actions shall be paid by the user in violation. These
costs include, but are not limited to, all fees described in subsection
(A)(2) of this section, attorney's fees, and fees associated with
termination of service. All such fees are payable to Manteca and are
in addition to any costs accrued by member jurisdictions. All such
fees are due and payable upon receipt of notice. Delinquent fees will
result in delinquent charges and/or enforcement actions, as described
in Section 13.20.050(F)(5) of this waste ordinance.
C.
Emergency
Powers. The director of public works or agent shall have full power
and authority to take any necessary precautions and measures to protect
the water pollution control system, POTW personnel, public, and the
environment from endangerment or threat of endangerment, or any condition
that is likely to result in a discharge which presents an imminent
hazard to the public health, safety, or welfare; or which, either
singly or by interaction with other discharges, is an imminent hazard
to the water pollution control system, places Manteca in violation
of its NPDES permit or any other California state or federal law or
permits. The available precautionary measures include suspension of
wastewater treatment and collection services and/or an industrial
discharge permit, issuance of a cease and desist order, and/or any
of the following: decontamination, sewer closure, packaging, diking,
and transportation of materials, in order to protect life or property,
or to prevent further damage to the environment of the water pollution
control system. In pursuit of such precautionary measures, Manteca
personnel or any agent of the city of Manteca shall have immediate
access to the premises. In addition, the director of public works
or agent shall have the authority to prohibit approach to the scene
of such an emergency any vehicle, vessel, or thing, and all persons
not specifically employed in the correction of the emergency condition
or the preservation of life or property in the vicinity thereof.
Any user receiving cease and desist order or requested to suspend
discharge to the water pollution control system from or by Manteca
shall immediately cease or suspend the discharge or contribution to
the water pollution control system. In the event a user fails to voluntarily
comply with the requirements of the cease and desist order or suspension
of service, the director of public works shall take such steps as
deemed necessary to halt the discharge or contribution, including
severance of the user's connection to the water pollution control
system, to prevent or minimize damage to the POTW or endangerment
to the public, the POTW, or the environment.
In addition to any enforcement actions issued to the user, the
user shall submit a detailed written report of the emergency condition
to the director of public works within fifteen days of the occurrence.
The detailed report shall describe the cause(s) of the emergency event
or harmful contribution and the measures which have been taken to
prevent any future or repeated occurrence.
D.
Disclosure
of Information. All users are responsible for notifying Manteca of
known violations of this waste ordinance and/or the industrial discharge
permit when they occur. In the event of a spill, accidental discharge,
bypass of the pretreatment system, or the imminent danger of same,
which may endanger the health or safety of Manteca staff, the public,
or the environment is present, the user must immediately notify the
Manteca director of public works or agent by a phone call or in person.
Dischargers must also notify Manteca of any changes to their operations
which may change the quantity or quality of their discharge, prior
to the change. Failure to notify Manteca of a violation, spill, bypass
or accidental discharge is a violation of this waste ordinance.
(Ord. 1576 § 2, 2016)
A.
Any
user, permit applicant, or permittee, found in violation of this waste
ordinance or the industrial discharge permit, or adversely affected
by a decision, action, or determination of the director of public
works, agent, or Manteca interpreting or implementing this waste ordinance
or in any permit enforcement action issued herein, may file a written
request for reconsideration of the decision, action, or determination
within ten working days of notification of said decision, action,
or determination. The written request for reconsideration shall detail
facts supporting the user's request and such facts must include a
statement listing all relevant facts which must be considered, including
such facts that may not have been known or available to Manteca at
the date of such decision, action, or determination.
B.
The
deputy director of public works shall render decision in writing on
the request for reconsideration within ten working days of receiving
such request. If the decision on the request for reconsideration still
is unacceptable to the user, the user may file a request for appeal
to the director of public works, within ten working days of notice
of the deputy director's decision. When a written request for appeal
has been received and logged with the director of public works, the
director shall schedule a hearing within forty-five days from receipt
of the request for appeal and the director of public works shall make
a final ruling on the deputy director's decision within ninety days
from receiving the request for appeal.
C.
Except
where deemed appropriate by the director of public works, this reconsideration
and appeal process described in this section of this waste ordinance
shall not halt or delay any enforcement action taken by Manteca.
D.
Manteca
reserves the authority to designate a hearing officer to hear all
testimony presented for a hearing or appeal.
(Ord. 1576 § 2, 2016)
A.
Findings.
The city of Manteca finds that, in order to provide for the public
health and welfare, and to comply with the laws and regulations of
the state of California, State Water Resources Control Board Order
No. 2006-0003-DWQ Statewide General Waste Discharge Requirements for
Sanitary Sewer Systems and amendments thereto, and the United States
Government, it is necessary to set uniform requirements for all users
of the city's sanitary sewer system to include, but not limited to,
the following:
1.
To
establish the appropriate authority for the city to condition or deny
discharges to the city sewer system;
2.
To
prevent the introduction of excessive amounts of grease into the city
sewer system that may cause a sanitary sewer overflow (SSO) to occur;
3.
To
prevent the clogging or blocking of the city sewer lines due to grease
buildup causing backup and flooding of streets, residences, and commercial
buildings;
4.
To
implement a procedure to recover the costs incurred in cleaning and
maintenance of sewer lines and the disposal of grease blockages;
5.
To
implement a procedure to recover costs for any liability incurred
by the city for damage caused by grease blockages resulting in the
flooding of streets, residences or commercial buildings;
6.
To
establish requirements to install grease removal devices (such as
traps or interceptors), design standards for the removal devices,
maintenance requirements, BMP requirements, record keeping and reporting
requirements. Additionally, to establish enforcement procedures for
violations of any part or requirement of this chapter; and
7.
To
establish the authority for the city to carry out routine and non-routine
monitoring (sampling and inspections) of the grease traps and the
food service establishments (FSEs).
B.
Applicability.
The terms and conditions of this chapter shall apply to all food service
establishments to include restaurants, cafeterias, food preparation
facilities, convenience stores preparing fast foods for sale; grocery
stores providing cooked foods for sale; and other food preparation
facilities.
C.
"City"
"Discharger"
"Food service establishments" or "FSEs"
"Garbage disposal"
"Gray water"
"Grease"
"Grease interceptor"
"Grease trap"
"Grease trap service company"
"Sanitary sewer overflows (SSOs)"
1.
2.
3.
"Waste grease"
Definitions.
means the city of Manteca, California, employees of the city,
or an authorized agent of the city.
means the food service establishment that is discharging
gray water to the city sewer system.
means any business which prepares and/or packages food or
beverages for sale or consumption, on-or off-site, with the exception
of private residences. Food service facilities shall include, but
are not limited to, food courts, food manufacturers with an average
daily discharge volume of twenty-five thousand gallons per day or
less, food packagers, restaurants, grocery stores, bakeries, lounges,
hospitals, hotels, nursing homes, churches, schools, and all other
food service facilities not listed in this chapter.
means a device which shreds or grinds up waste materials
into smaller portions for discharge into the city's sanitary sewer
system.
means all of the liquid contained in a grease interceptor
that lies below the floating grease layer and above the food solids
layer.
means a material either liquid or solid, composed primarily
of fats, oils and grease from animal or vegetable sources. The terms
"fats, oils, and grease (FOG)," "oil and grease" or "oil and grease
substances" shall all be included within this definition.
means a device located underground and outside of the food
service establishment designed to collect, contain or remove food
wastes and grease from the wastestream while allowing the balance
of the liquid wastes (gray water) to discharge to the wastewater collection
system by gravity. Interceptors shall have at least one inspection
hatch on the top surface to facilitate inspection, cleaning and maintenance.
means a device located in a food service establishment or
under a sink designed to collect, contain, or remove food wastes and
grease from the wastestream while allowing the balance of the liquid
waste (gray water) to discharge to the wastewater collection system
by gravity. Traps shall have a removable lid on the top surface to
facilitate inspection, cleaning and maintenance.
means a person, or company, who provides maintenance services
for grease traps and interceptors. Maintenance services to include
cleaning, minor repairs, grease and solids removal from the interceptor,
and transport of the removed material to an appropriate recycling
or disposal facility.
means overflows from sanitary sewer systems of FSEs wastewater,
as well as industrial and commercial wastewater, depending on the
pattern of land uses in the area served by the sanitary sewer system.
SSOs often contain high levels of suspended solids, pathogenic organisms,
toxic pollutants, nutrients, oxygen-demanding organic compounds, oil
and grease and other pollutants. SSOs may cause a public nuisance,
particularly when raw untreated wastewater is discharged to areas
with high public exposure, such as streets or surface waters used
for drinking, fishing, or body contact recreation. SSOs may pollute
surface or ground waters, threaten public health, adversely affect
aquatic life, and impair the recreational use and aesthetic enjoyment
of surface waters. Any overflow, spill, release, discharge or diversion
of untreated or partially treated wastewater from a sanitary sewer
system.
SSOs include:
Overflows or releases of untreated or partially treated wastewater
that reach waters of the United States;
Overflows or releases of untreated or partially treated wastewater
that do not reach waters of the United States; and
Wastewater backups into buildings and on private property that
are caused by blockages or flow conditions within the publicly owned
portion of a sanitary sewer system.
means fats, oils, and grease that can be collected following
use and prior to discharge to the sewer or interceptor. Waste grease
is collected from pans, deep fat fryers and cooking grills.
D.
Grease
Interceptor/Trap Required.
1.
Grease
interceptors and/or traps shall be provided by the facility owner,
when, in the opinion of the city, they are necessary to prevent grease
in excessive amounts from entering the sanitary sewer system. All
interceptors shall be of a type and capacity approved by the city
building division and shall be located as to be easily and safely
accessible for cleaning and inspection. All prospective grease trap
users must provide manufacturer's capacity data and an estimate of
the product rate at the facility that is within the capacity of the
grease trap to be approved by the building permit department.
2.
Existing
Facilities. For the purposes of sizing and installation of grease
interceptors/traps, all food service facilities existing within the
city's sewer system service area, whether within, or without, the
city limits, prior to the effective date of the ordinance codified
in this chapter shall be allowed to operate and maintain existing
grease interceptors/traps provided their grease interceptors or grease
traps are in efficient operating conditions.
On or after the effective date of the ordinance codified in
this chapter, the city may require an existing food service facility
to install, operate, and maintain a new grease interceptor or trap
that complies with the requirements of this chapter or to modify,
repair, or replace any noncompliant interceptor or trap within ninety
days of written notification by the city when any one or more of the
following conditions exist:
a.
The facility is found to be contributing grease and oil in quantities
sufficient to cause line stoppages or necessitates increased maintenance
on the wastewater collection system.
b.
The facility does not have a grease interceptor or trap.
c.
The facility has an undersized, nonrepairable or defective grease
interceptor or trap.
d.
Remodeling of the food preparation or kitchen waste plumbing system
is performed which requires a building permit to be issued by the
city.
e.
The existing facility is sold or undergoes a change of ownership.
f.
The existing facility does not have plumbing connections to a grease
interceptor or trap in compliance with the requirements of this chapter,
or current building codes.
3.
New
Facilities or New Interceptor Installations. Grease interceptors or
traps shall be located in the food service establishment's lateral
sewer line between all fixtures which may introduce grease into the
sewer system and the connection to the city's wastewater collections
system. If dishwashers are connected to the grease interceptor, the
interceptor must be properly designed to contain and cool the dishwasher
discharge to prevent the hot water from causing carry through of the
grease. Garbage disposals and restrooms should not be plumbed to the
grease interceptor. Automatic hood washers, floor drains in food preparation
and storage areas should be plumbed to the grease interceptor. Sanitary
facilities (restrooms) shall not be plumbed to the grease interceptor
under any circumstance.
4.
The
use of a grease trap, in place of a grease interceptor will only be
authorized for those facilities that do not operate a deep fat fryer,
a cooking grill and conducts minimal dishwashing.
E.
Maintenance
of Grease Interceptor/Trap Required.
1.
All
grease interceptors and grease traps shall be continuously maintained
in satisfactory and effective operational condition by the discharger
at the discharger's expense. Typically maintenance consists of the
removal of floatable solids and settleable solids collected in the
grease interceptor/trap; and the cleaning of the walls and piping.
2.
Routine
Maintenance Schedules. The discharger is responsible for establishing
a routine maintenance schedule that includes the routine removal of
floatable and settleable solids and cleaning of the interceptors/traps.
The maintenance frequency should be such that the interceptor/trap
does not allow fats, grease, oils, and food solids from leaving the
interceptor and entering the city sewer collection system. The amount
of time between pumping and cleaning services is dependent on the
volume of wastes discharged, the volume of the interceptor/trap, and
the physical integrity of the interceptor/trap structures and piping.
It is the discharger's responsibility that the interceptors/traps
are routinely inspected and repaired as needed.
3.
Record
Keeping Requirements. The discharger is responsible for maintaining
appropriate maintenance records that documents the routine pumping,
cleaning, and repairs made to interceptors and traps. Where the discharger
hires a grease trap service company to clean the interceptor/trap
and remove and dispose of the accumulated grease and solids, a copy
of the pumping manifest or billing must be retained with the maintenance
records. All maintenance records should include at a minimum the following
information:
a.
Name of facility;
b.
Date service performed;
c.
Total volume of the interceptor/trap;
d.
Total volume of material removed from the interceptor/trap;
e.
List of all deficiencies identified from an inspection of the empty
interceptor/trap;
f.
Name of the grease trap service company;
g.
Address of the grease trap service company;
h.
Name and address of final disposal site;
i.
Signature of the grease trap service company employee performing
the work; and
j.
Signature of the discharger's employee observing and accepting the
services.
4.
Record
Retention. All grease interceptor/trap maintenance records shall be
retained for a period of not less than three years. These records
shall be retained at the food service establishment and shall be made
available for inspection by the city.
F.
Disposal
of Wastes from Interceptors and Traps. Storage, handling, transportation
and disposal of all wastes from interceptors/traps shall be performed
in accordance with applicable federal, state, and local regulations
that pertain to the type and/or class of waste. Materials removed
from waste interceptors/traps must be disposed of at legally designated
locations for those specific type wastes. Materials removed from waste
interceptors/traps shall not be discharged to the city sanitary sewers
or storm drains.
G.
Collection,
Storage, and Disposal of Waste Grease and Solids. Dischargers are
encouraged to collect excess oil and grease from deep fat fryers,
pots and pans prior to washing. This waste grease and oil should be
collected and stored in appropriate containers that are appropriately
labeled. The collected waste grease and oil should be collected by
a waste grease service company for disposal. In no case shall the
discharger dispose of deep fat fryer oils and other collected waste
greases and oils by discharge to the grease interceptor/trap to the
city sewer system.
H.
Clean-Up
of Spilled Grease and Oil. The discharger shall clean up all spilled
grease and oil using appropriate tools, including a mop and bucket.
Bucket contents may be discharged to the grease interceptor/trap,
and solid greases and oils that can be manually picked up should be
held in the waste grease collection containers for final disposal.
In no instance shall spilled grease and oils be washed to the stormwater
drains. In the event that the city is required to clean up a grease
and oil spill generated by a discharger, the city is authorized to
assess cost recovery fees to the discharger for all costs associated
with the clean-up.
I.
Use
of Chemicals and Other Additives. The use of chemicals, emulsifying
agents, enzymes, microorganisms, and/or other additives that are added
to the grease interceptors/traps to reduce or eliminate the pumping
and cleaning of the interceptor/trap is prohibited. Dischargers currently
using a chemical or other additive must halt such use immediately
on the effective date of the ordinance codified in this chapter.
J.
Right
of Access. The city, employees of the city, or authorized agents of
the city, have the authority to enter the property of the discharger
to conduct inspections of the entire facility, including the interceptors,
traps, cooking and storage areas, restrooms, offices, service areas,
and other areas of the facility. The city is also authorized to collect
samples of any wastestream, including the discharge from the facility
and the interceptors and traps. The city may obtain search warrants
for inspection and sampling purposes. Failure to grant access may
result in the suspension of sewer and water services provided by the
city.
K.
Enforcement.
Failure to comply with the provisions of this chapter is considered
a misdemeanor and subject to enforcement actions under the city codes.
In addition to these misdemeanor enforcement actions, the city is
authorized to take the following actions to achieve compliance to
the city chapter.
1.
Mandatory
Interceptor/Trap Service. The city may issue an order requiring the
discharger to conduct interceptor/trap maintenance services within
a mandatory time period. The cost of the services shall be the direct
responsibility of the discharger.
2.
Mandatory
Interceptor/Trap Service Schedule. The city may impose a mandatory
pumping and cleaning schedule to assure the proper maintenance of
an interceptor not properly maintained by the discharger. The cost
of the services shall be the direct responsibility of the discharger.
Mandatory service schedules may cover a time period of up to three
years.
3.
Cost
Recovery. The city may assess the discharger the amount of those expenditures
made by the city to clean up or prevent sewer blockages and overflows
caused by the discharge from a food service establishment.
4.
Administrative Fines. Administrative fines shall be conducted in accordance with Section 13.20.090, Enforcement, of this industrial waste ordinance.
a.
Unpaid charges, fines, and penalties shall, after sixty calendar
days, be assessed an additional penalty of twenty-five percent of
the unpaid balance, and interest shall accrue thereafter at a rate
of one percent per month. A lien against the user's property will
be sought for unpaid charges, fines and penalties.
b.
Users desiring to dispute such fines must file a written request
for the city to reconsider the fine along with full payment of the
fine amount within thirty days of being notified of the fine. Where
a request is made, the city may convene a hearing on the matter before
a hearing officer. In the event the user's appeal is successful, the
payment, together with any interest accruing thereto, shall be returned
to the user. The city may add the cost of preparing administrative
enforcement actions, such as notices and orders, to the fine.
c.
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
d.
Wastewater Discharge Permit Issuance. The city may issue wastewater
discharge permits to food service establishments either on a case-by-case
basis or as part of a general program. The authority and requirements
established by this industrial waste ordinance shall apply to all
such wastewater discharge permits issued under this section.
5.
Emergency
Suspensions. The city may immediately suspend a discharge and/or water
services, after informal notice to the discharger, whenever such suspension
is necessary to stop an actual or threatened discharge which reasonably
appears to present or cause an imminent or substantial endangerment
to the health or welfare of persons or property.
L.
FOG
Disposal at Water Quality Control Facility (WQCF).
1.
The
director or designee may establish minimum standards for FOG which
shall be met prior to discharge of any FOG to the WQCF. Vendors failing
to meet established standards are prohibited from discharging to the
WQCF for a minimum of two years, or until they have demonstrated to
the satisfaction of the director that they have mitigated causes which
led to initial failure to meet minimum standards.
2.
The
following charges and fees are required to be paid for the delivery
and discharge of FOG to WQCF's FOG receiving station. For each load
delivered to the receiving station the charge is one hundred dollars
per thousand gallons or part thereof for FOG collected in Manteca
and one hundred twenty five dollars per thousand gallons or part thereof
for all others.
3.
Said
charges and fees shall be adjusted as per the prior year's Consumer
Price Index (CPI) on March 1st, 2021, and every year thereafter.
|
FOG
|
Rate per 1,000 gallons
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Said charges and fees shall be adjusted as per the prior year's
Consumer Price Index (CPI)
|
|---|---|---|
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FOG collected within the City of Manteca
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$100.00
|
Adjusted as per the prior year's (CPI) on March 1st 2021 and
every year thereafter
|
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All others
|
$125.00
|
Adjusted as per the prior year's (CPI) on March 1st 2021 and
every year thereafter
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(Ord. 1576 § 2, 2016; Ord. O2019-17 § 1)
If any provision, paragraph, word, section, or article of this
waste ordinance is invalidated by any court of competent jurisdiction,
the remaining provision, paragraphs, words, sections, and chapters
shall not be affected and shall continue in full force and effect.
(Ord. 1576 § 2, 2016)
A.
Best
Management Practices. All owners and operators of dental facilities
that remove or replace amalgam fillings shall comply with the following
best management practices:
1.
No
person shall rinse chairside traps, vacuum screens, or amalgam separators
equipment in a sink or other connection to the sanitary sewer.
2.
Owners
and operators of dental facilities shall ensure that all staff members
who handle amalgam waste are trained in the proper handling, management
and disposal of mercury-containing material and fixer-containing solutions,
and shall maintain training records that shall be available for inspection
by city environmental compliance staff during normal business hours.
3.
Amalgam
waste shall be stored and managed in accordance with the instructions
of the recycler or hauler of such materials.
4.
Dental
unit water lines, chair-side traps, and vacuum lines that discharge
amalgam process wastewater to a POTW must not be cleaned with oxidizing
or acidic cleaners, including, but not limited to, bleach, chlorine,
iodine and peroxide that have a pH lower than 6 or greater than 8.
5.
The
use of bulk mercury is prohibited. Only precapsulated dental amalgam
is permitted.
B.
Amalgam
Separators.
1.
No
later than July 14, 2020, all existing dental facilities must install,
operate, and maintain one or more amalgam separators or amalgam removal
devices that meet the following requirements to remove dental amalgam
solids from all amalgam process wastewater:
a.
Compliant with either the American National Standard Institute (ANSI),
American National Standards/American Dental Association (ADA) Specifications
108 for Amalgam Separators (2009) with Technical Addendum (2011) or
the International Organization for Standardization (ISO) 11143 Standard
(2008) or subsequent versions so long as that version requires amalgam
separators to achieve at least ninety-five percent removal efficiency.
Compliance must be assessed by an accredited testing laboratory under
ANSI's accreditation program for product certification or a testing
laboratory that is a signatory to the International Laboratory Accreditation
Cooperation's Mutual Recognition Arrangement. The testing laboratory's
scope of accreditation must include ANSI/ADA 108-2009 or ISO 11143.
b.
The amalgam separator must be sized to accommodate the maximum discharge
rate of the amalgam process wastewater.
c.
An existing dental facility that operates an amalgam separator(s)
that was installed prior to June 14, 2017 satisfies the requirement
of this section until the existing separator is replaced or until
June 14, 2027, whichever is sooner.
d.
In the event that an amalgam separator is not functioning properly,
it must be repaired consistent with manufacturer instructions or replaced
with a unit that meets the requirements of subsection (B)(1)(a) of
this section as soon as possible, but no later than ten business days
after the malfunction is discovered by the owner, operator, agent
or representative of the dental facilities.
2.
As of July 14, 2017, any newly constructed dental facilities must comply with the requirements of subsection (B)(1)(a), (b) and (d) and the reporting and recordkeeping requirement of subsection C.
3.
Proof
of certification and installation records shall be submitted to the
city environmental compliance staff within thirty days of installation.
4.
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 city environmental compliance
staff during normal business hours.
C.
Reporting
and Record Keeping Requirement.
1.
One-Time
Compliance Report Deadlines. For existing dental facilities, a one-time
compliance report must be submitted to city environmental compliance
staff no later than October 12, 2020, or ninety days after a transfer
of ownership. For newly constructed dental facilities, a one-time
compliance report must be submitted to city environmental compliance
staff no later than ninety days following the introduction of wastewater
into a POTW.
2.
Signature
and Certification. The one-time compliance report must be signed and
certified by a responsible corporate officer, a general partner or
proprietor if the dental facility is a partnership or sole proprietorship,
or a duly authorized representative of the dental facility.
3.
Contents.
a.
The one-time compliance report for dental facilities that do not
place or remove dental amalgam must include the facility name, physical
address, mailing address, contact information, name(s) of the operator(s)
and owner(s); and a certification statement that states that the facility
does not practice the placement of dental amalgam and does not remove
amalgam.
b.
The one-time compliance report for dental facilities subject to the
standards of this section must include:
i.
The facility name, physical address, mailing address, contact information.
ii.
Name of the operator(s) and owner(s).
iii.
A description of the operation at the dental facility including:
the total number of chairs, the total number of chairs at which dental
amalgam may be present and may discharge into the resulting wastewater,
and a description of any existing amalgam separator(s) or equivalent
device(s) currently operated to include, at a minimum, the make, model,
year of installation.
iv.
Certification that the amalgam separator(s) or equivalent device is designed and will be operated and maintained to meet the requirements specified in subsection B.
v.
Certification that the dental facility is implementing BMPs specified in subsection A and will continue to do so.
vi.
The name of the third party service provider that maintains the amalgam separator(s) or equivalent device(s) operated at the dental facility, if applicable. Otherwise, a brief description of the practices employed by the facility to ensure proper operation and maintenance in accordance with subsection B.
4.
Transfer
of Ownership Notification. If a dental facility transfers ownership
of the facility, the new owner must submit a new one-time compliance
report to the city environmental compliance staff no late than ninety
days after the transfer.
5.
Retention
Period. As long as a dental facility subject to this section in operation,
or until ownership is transferred, the dental facility or the dental
discharger or an agent or representative of the dental discharger
must maintain the one-time compliance report, installation, certification,
maintenance and repair, inspection, waste hauling records shall be
retained for a minimum of three years and make them available for
inspection in either physical or electronic form.
D.
Vacuum Suction Systems Exemption. The following types of vacuum suction systems are exempt from requirements listed under subsection B:
1.
The
system was installed before 2003.
2.
The
system is a dry vacuum pump system with an air-water separator.
3.
The
sedimentation tank is non-bottom draining, with a drain above the
anticipated maximum level of accumulated sludge.
4.
Evidence
of the regular pump outs (a minimum of once a year, or more often
if either directed by the manufacturer or necessary to keep solids
from exiting through the drain) is maintained and open to inspection
by the city during normal business hours.
5.
The
system has no direct discharge pipe to the sewer on the bottom of
the sedimentation tank.
|
Any owner(s) or operator(s) whose dental facilities meet conditions
of subsections (D)(1) through (5) may apply for this exemption by
written letters to the city environmental compliance staff. The city
environmental compliance staff will review the system and, if the
exemption is approved, shall provide a written letter of exemption.
|
|
Any exemption obtained pursuant to the section shall expire
upon installation of a new vacuum system. Upon expiration of the exemption,
the facility shall comply with this section before commencing further
operation.
|
E.
Exemptions.
The following types of dental practices are exempt from this section,
provided that the removal or placement of amalgam fillings occurs
at the facility no more than three days per year: (1) orthodontics;
(2) periodontics; (3) oral and maxillofacial surgery; (4) oral radiology;
(5) oral pathology or oral medicine; (6) endodontistry and prosthodontistry;
(7) mobile units.
(Ord. O2019-07 § 1)
