A.
Required
reporting. Within 180 days after the effective date of a categorical
pretreatment standard or 180 days after the final administrative decision
made upon a category determination submission under 40 CFR Part 403.6(a)(4),
whichever is later, existing sources subject to such categorical pretreatment
standards and currently discharging to or scheduled to discharge to
the POTW shall be required to submit to the City a report which contains
the information listed in subsections B.1 through 8 of this section.
At least 90 days prior to commencement of discharge, new sources,
and sources that become categorical industrial users subsequent to
the promulgation of an applicable categorical standard, shall be required
to submit to the City a report which contains the information listed
in subsections B.1 through 5 of this section. New sources shall report
the method of pretreatment they intend to use to meet applicable categorical
standards. New sources shall give estimates of the information requested
in subsections B.4 and 5 of this section:
B.
Required
reporting information. Users, including existing users and new sources,
shall submit to the City within the time limits set forth above, the
information provided below:
1.
Identifying
Information. The user shall submit the name and address of the facility,
including the name of the operator and owners:
2.
Permits.
The user shall submit a list of any environmental control permits
held by or for the facility.
3.
Description
of Operation. The user shall submit a brief description of the nature,
average rate of production, and standard industrial classification
of the operation(s) carried out by such industrial user. This description
should include a schematic process diagram which indicates points
of discharge to the POTW from the regulated processes.
4.
Flow
Measurement. The user shall submit information showing the measured
average daily and maximum daily flow, in gallons per day, to the City
from each of the following:
5.
Measurement
of Pollutants.
a.
The user shall identify the categorical pretreatment standards applicable
to each regulated process and any new categorically-regulated processes
for existing sources.
b.
The user shall submit the results of sampling and analysis identifying
the nature and concentration (or mass, where required by the City)
of regulated pollutants in the discharge from each regulated process.
c.
Instantaneous, daily maximum, and long-term average concentrations
(or mass, where required) shall be reported.
d.
The sample shall be representative of daily operations. In cases
where the standard requires compliance with a BMP or pollution prevention
alternative, the user shall submit documentation as required by the
City or the applicable standards to determine compliance with the
standard.
e.
The user shall take a minimum of one representative sample to compile
that data necessary to comply with the requirements of this paragraph.
f.
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment, the user should
measure the flows and concentrations necessary to allow use of the
combined wastestream formula of 40 CFR Part 403.6(e) in order to evaluate
compliance with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR Part 403.6(e),
this adjusted limit along with supporting data shall be submitted
to the City.
g.
Sampling and analysis shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR
Part 136 does not contain sampling or analytical techniques for the
pollutant in question, or where the Administrator determines that
the 40 CFR Part 136 sampling and analytical techniques are inappropriate
for the pollutant in question, sampling and analysis shall be performed
by using validated analytical methods or any other applicable sampling
and analytical procedures approved by the Administrator, including
procedures suggested by the City or other parties.
h.
The City may allow the submission of a baseline report which utilizes
only historical data as long as the data provides information sufficient
to determine the need for industrial Pretreatment measures.
i.
The baseline report shall indicate the time, date and place of sampling
and methods of analysis, and shall certify that such sampling and
analysis is representative of normal work cycles and expected pollutant
discharges to the POTW.
6.
Compliance
Certification. A statement, reviewed by an authorized representative
of the user and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required for the user to meet the
pretreatment standards and requirements.
7.
Compliance
Schedule. If additional pretreatment and/or O&M will be required
to meet the pretreatment standards, the shortest schedule by which
the user will provide such additional pretreatment and/or O&M
must be provided. The completion date in this schedule shall not be
later than the compliance date established for the applicable pretreatment
standard.
(Ord. 5675, 2014)
The following conditions shall apply to the schedule required
by Section 16.08.010.B.7 of this chapter:
A.
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 (e.g., hiring an engineer,
completing preliminary plans, completing final plans, executing contract
for major components, commencing construction, completing construction,
etc.);
B.
No
increment referred to above shall exceed nine months;
C.
The
user shall submit a progress report to the City no later than 14 days
following each date in the schedule and the final date of compliance
including, as a minimum, whether or not it complied with the increment
of progress, the reason for delay, and if appropriate, the steps being
taken by the user to return to the established schedule; and
D.
In
no event shall more than nine months elapse between such progress
reports to the City.
(Ord. 5675, 2014)
Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the City a report containing the information described in subsections 16.08.010.B.4 and 5 of this chapter. For users subject to equivalent mass or concentration limits established by the City in accordance with the procedures in 40 CFR Part 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 other 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 Section 16.08.060 of this title.
(Ord. 5675, 2014)
A.
Industrial user reports. All significant industrial users (Tier I users in Section 16.08.120.B.1) shall submit reports to the City in accordance with 40 CFR Part 403.12(e) and (h). These reports shall be submitted twice each year for the periods July 1st through December 31st and January 1st through June 30th, and shall be due on January 30th and July 30th of each year, respectively. If a user monitors any regulated pollutant at the appropriate sampling location more frequently than required, using the procedures specified in Section 16.08.130 of this chapter, the results of this monitoring shall be included in these reports.
B.
Permitted
user reports. All other permitted users (Tier II and Tier III as defined
in Section 16.08.120.B.2 and 3) shall submit reports to the City in
accordance with its Wastewater Discharge Permit requirements.
C.
Required certification of reports. All periodic compliance reports must be signed and certified in accordance with Section 16.08.060 of this chapter.
D.
Monitoring
waivers. The Public Works Director of the City may waive monitoring
for a user subject to a pretreatment standard to forego sampling for
regulated pollutant if the user demonstrates through sampling and
other technical methods that the pollutant is not present nor expected
to be present in the discharge, or is only present at background levels
from intake water and without any increase in the pollutant due to
the activities of the user. A monitoring waiver also may be authorized
where a pollutant is determined to be present solely due to sanitary
wastewater discharged from the facility provided that the sanitary
wastewater is not regulated by an applicable pretreatment standard
and otherwise includes no process wastewater. A monitoring waiver
does not supersede certification processes and requirements established
in categorical pretreatment standards, unless specifically stated
in the categorical pretreatment standard. Monitoring waivers are subject
to the following limitations:
1.
The
monitoring waiver is valid only for the duration of the effective
period of the wastewater discharge permit, but in no case longer than
five years. The user must submit a new request for the waiver before
the waiver can be granted for each subsequent wastewater discharge
permit.
2.
When
user's discharge includes process wastewater from multiple process
the data provided in support of a request for waiver must include
at least one sampling of the process wastewater that is representative
of the combined wastewater from all processes.
3.
The
request for a waiver must be signed by the user or an authorized representative
of the user.
4.
The
request for a waiver must be signed by the user or an authorized representative
of the user.
5.
Non-detectable
sample results may be used to demonstrate that a pollutant is not
present if the USEPA-approved method from 40 CFR Part 136 with the
lowest minimum detection level for that pollutant was used in the
analysis.
6.
Waivers
must be included in the user's wastewater discharge permit. The request,
reasons, tests, and other evidence supporting the waiver must be maintained
by the Public Works Director for three years after expiration of the
waiver.
7.
The user subject to a waiver must certify on each report required by this section that there has been no increase in the pollutant in its wastestream due to activities of the user. The certification must be in the form required by Section 16.08.060 of this chapter.
8.
If
a pollutant for which a waiver has been granted is found to be present
or is expected to be present because of changes that occur in the
user's operations, the user must immediately notify the Public Works
Director and comply with monitoring requirements. The Public Works
Director may revoke, modify, or continue a waiver following receipt
of the written notification.
(Ord. 5675, 2014; Ord. 5977, 2020)
Industrial waste haulers must provide a waste tracking form
for every load. This form shall include, at a minimum, the name and
address of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste, and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents, and whether any wastes are RCRA hazardous wastes.
(Ord. 5675, 2014)
A.
Certification
of permit applications and user reports. All reports shall include
the following certification:
"I certify under penalty of perjury that this document and all
attachments to it were prepared under my direction or supervision
and 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 known violations."
Reports shall be signed by a responsible corporate officer,
general partner, or a duly authorized individual as defined in 40
CFR Part 403.12(l).
B.
Annual
certification for non-significant categorical industrial users. A
facility determined by the Public Works Director to be a non-significant
categorical industrial user must annually submit the following certification
statement signed by the user or the user's authorized representative.
This certification must accompany an alternative report required by
the Public Works Director:
"Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical Pretreatment Standards
under 40 CFR _______ , I certify, to the best of my knowledge and
belief, that during the period from ______ to ______ [month, days,
year]:
(1)
The facility described as _______[facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 16.02.040 of the Santa Barbara Municipal Code;
(2)
The facility complied with all applicable Pretreatment Standards
and requirements during this reporting period; and
(3)
The facility never discharged more than 100 gallons of total categorical
wastewater on any given day during this reporting period.
|
This compliance certification is based on the information stated
in this report."
|
C.
Certification
of pollutants not present. Users that have an approved monitoring
waiver must certify on each report with the following statement that
there has been no increase in the pollutant in its wastestream due
to the activities of the user.
I certify that, to the best of my knowledge and belief, based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard (for 40 CFR Part [specify applicable National Pretreatment Standard part]), there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing the last periodic report under Section 16.08.040 of the Santa Barbara Municipal Code.
(Ord. 4589, 1989; Ord. 5675, 2014; Ord. 5977, 2020)
All users shall promptly notify the City in advance of any substantial change in the volume or character of pollutants in their discharge, or of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of the discharge. The City 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 under Section 16.08.120 of this chapter, if necessary.
(Ord. 5675, 2014)
A.
If
sampling performed by a user indicates a violation, the user must
notify the City within 24 hours of becoming aware of the violation.
The user shall also repeat the sampling and analysis and submit the
results of the repeat analysis to the City within 30 days after becoming
aware of the violation. Resampling by the user is not required if
the City performs sampling at the user's facility at least once a
month, or if the City performs sampling at the user's facility between
the time when the initial sampling was conducted and the time when
the user or the City receives the results of this sampling, or if
City has performed the sampling and analysis in lieu of the user.
B.
If
the City performed the sampling and analysis in lieu of the user,
the City will perform the repeat sampling and analysis unless it notifies
the user of the violation and requires the user to perform the repeat
sampling and analysis.
(Ord. 5675, 2014)
A.
Required
notice of discharge. In case of any discharge, including, but not
limited to, accidental discharges, discharges of a non-routine, 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 Public Works 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.
Report
on discharge. Within five days following such discharge, the user
shall, unless waived by the Public Works Director, submit a detailed
written report describing the cause(s) of the discharge and measures
to be taken by the user to prevent similar future occurrences. Such
notification shall not relieve the user of any expense, loss, damage,
or other liability that might be incurred as the 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 this title.
C.
Notification protocol. 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 A of this section. Employers shall ensure that all employees who cause such a discharge to occur are advised of the emergency notification procedure.
D.
Notice
of slug discharge. A user is required to notify the Public Works Director
immediately of any changes at its facility affecting the potential
for a slug discharge.
(Ord. 5675, 2014)
A.
Permit
administration. All permits under this title shall be administered
by the Public Works Director.
B.
Mandatory
permits. Users proposing to connect or to discharge into a community
sewer must obtain a Wastewater Discharge Permit prior to discharge:
1.
Tier
I Significant Industrial User - Any user who meets any of the following
conditions:
a.
Has a waste discharge subject to categorical pretreatment standards;
b.
Has an average discharge flow of 25,000 gallons per day or more of
process wastewater to the POTW, excluding sanitary, non-contact cooling
water, and boiler blowdown wastewater;
c.
Contributes a process waste stream that makes up five percent or
more of the average dry weather hydraulic or organic capacity of the
POTW; or
d.
Is designated by the City on the basis that the user:
i.
Has a reasonable potential, either individually or in combination
with other contributing industries, for adversely affecting the POTW
operation or upon the quality of effluent from the POTW;
ii.
May cause or threaten to cause the City to violate its NPDES permit;
iii.
Has reasonable potential to violate any pretreatment standard;
or
iv.
Has in its waste discharge a toxic pollutant.
2.
Tier
II Non-Significant Industrial User - any user who meets any of the
following criteria:
a.
Is not required to obtain a Tier I Permit;
b.
Is a non-significant categorical industrial user;
c.
Has discharge characteristics greater than typical domestic wastewater;
d.
Discharges industrial or commercial wastewater which may have potential
effects on the City's POTW; or
e.
Has a reasonable potential to violate any local limit, pretreatment
standard, or pretreatment requirement.
3.
Tier
III Groundwater Dischargers - any user who discharges groundwater
to the POTW.
C.
Optional
permits. The Public Works Director may issue a Wastewater Discharge
Permit upon application and in accordance with the terms of this title,
for any of the following kinds of users:
1.
A
user who has elected that user charges and fees be based on an estimation
of wastewater flow;
2.
A
user who has installed or been required to install equipment designed
or intended to reduce wastewater strength; or
3.
A
user for whom the Public Works Director has determined that monitoring
is required to ensure that discharges comply with all applicable regulations.
D.
Permit
application. Prospective or existing users seeking a Wastewater Discharge
Permit shall complete and file with the City an application in the
form prescribed by the Public Works Director, accompanied by the applicable
fees. The applicant shall be required to submit, in units and terms
appropriate for evaluation, the following information:
2.
Environmental
Permits. A list of any environmental control permits held by or for
the facility.
3.
Description
of operations, including all of the information listed below:
a.
A brief description of the nature, average rate of production (including
each product produced by type, amount, processes, and rate of production),
and SIC number(s) of the operation(s) carried out by such user. This
description should include a schematic process diagram which indicates
the points of discharge to the POTW from regulated processes.
b.
Types of wastes generated and a list of all raw materials and chemicals
used or stored at the facility which are, or could accidentally or
intentionally be, discharged to the POTW.
c.
Number and type of employees, hours of operation, and proposed or
actual hours of operation.
d.
Type and amount of raw materials processed (average and maximum per
day).
e.
Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers, floor drains, and appurtenances by size, location,
and elevation, and all points of discharge.
4.
Time
and duration of discharges.
5.
The
location of monitoring all wastes covered by the Wastewater Discharge
Permit.
6.
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
wastestream formula (40 CFR Part 403.6(e)). Flow rates should also
include the 30-minute peak wastewater flow rate and monthly and seasonal
variations if they exist.
7.
Measurement
of Pollutants.
a.
The user shall identify the categorical pretreatment standards applicable
to each regulated process and any new categorically-regulated processes
for existing sources.
b.
The user shall submit the results of sampling and analysis identifying
the nature and concentration (or mass, where required by the City)
of regulated pollutants in the discharge from each regulated process.
c.
Instantaneous, daily maximum, and long-term average concentrations
(or mass, where required) shall be reported.
d.
The sample shall be representative of daily operations. In cases
where the standard requires compliance with a BMP or pollution prevention
alternative, the user shall submit documentation as required by the
City or the applicable Standards to determine compliance with the
standard.
8.
A request, if any, along with all supporting information, for a monitoring waiver (or renewal of an approved monitoring waiver) pursuant to Section 16.08.040 of this chapter.
9.
Any
other information deemed by the Public Works Director to be necessary
to evaluate the permit application.
10.
Application Signatories and Certifications. All Wastewater Discharge Permit applications must be certified in accordance with Section 16.08.060 of this chapter and signed by an authorized representative of the user.
11.
A facility determined to be a non-significant categorical industrial
user by the Public Works Director must annually submit the certification
statement specified in Section 16.08.060.B.
E.
Public
Works Director permit review and determination. The Public Works Director
will evaluate the data furnished by the user. After evaluation and
acceptance of the data furnished, the Public Works Director may issue
a Wastewater Discharge Permit subject to terms and conditions provided
herein. The Public Works Director may deny issuance of a permit where
the discharge alone, or in combination with other discharges, has
the potential to cause:
F.
Permit
conditions. Wastewater Discharge Permits shall be subject to all applicable
regulations, user charges and fees established by the City. The conditions
of Wastewater Discharge Permits shall be enforced by the Public Works
Director in accordance with all applicable regulations. Wastewater
Discharge Permits must contain the following:
1.
A
statement that indicates the Wastewater Discharge Permit issuance
date, expiration date, and effective date.
2.
A
statement that the Wastewater Discharge Permit is nontransferable.
3.
Effluent
limits, including BMPs, based on applicable pretreatment standards.
4.
Self-monitoring,
sampling, reporting, notification, and recordkeeping requirements.
These requirements shall include an identification of pollutants (or
BMPs) to be monitored, sampling location, sampling frequency, and
sample type based on Federal, State, and local law.
5.
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.
6.
Requirements
to control slug discharge, if determined by the Public Works Director
to be necessary.
7.
Compliance
with the Wastewater Discharge Permit does not relieve the user of
responsibility for compliance with all applicable Federal and State
pretreatment standards, including those which become effective during
the term of the Wastewater Discharge Permit.
8.
Wastewater
Discharge Permits may include any of the following:
a.
Limits on rate and time of discharge and/or requirements for flow
regulations and equalization;
b.
Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices designed
to reduce, eliminate, or prevent the introduction of pollutants into
the POTW;
c.
Requirements for the development and implementation of spill control
plans or other special conditions, including BMPs necessary to adequately
prevent accidental, unanticipated, or non-routine discharges;
d.
Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
e.
Requirements for installation and maintenance of inspection and sampling
facilities and equipment, including flow measurement devices;
f.
Statements of applicable administrative, 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 requirement by applicable Federal, State,
or local law; and
g.
Other conditions as deemed appropriate by the Public Works Director
to ensure compliance with this title, and State and Federal laws,
rules, and regulations.
G.
Duration
of permits. Permits shall be issued for a specified time period, not
to exceed five consecutive years from the effective date of the permit.
If the user wants to continue discharge after the expiration of the
Wastewater Discharge Permit, a Wastewater Discharge Permit application
must be submitted a minimum of 45 days prior to the expiration date
of the Wastewater Discharge Permit. If the user submits a completed
Wastewater Discharge Permit application and, through no fault of the
user, a new Wastewater Discharge Permit is not issued prior to the
expiration of the existing Wastewater Discharge Permit, the existing
Wastewater Discharge Permit will remain in effect until the City reissues
or denies, as the case may be, a new Wastewater Discharge Permit.
All Wastewater Discharge Permits issued to a user are void upon issuance
of a new Wastewater Discharge Permit to that user.
H.
Permit
fees. Wastewater Discharge Permit fees shall be set by a resolution
of the City Council and shall reflect all costs associated with administering
the permit.
I.
Permit
modifications. The terms and conditions of the Wastewater Discharge
Permit are subject to modification and change by the Public Works
Director prior to the expiration of the permit. The Public Works Director
shall attempt to inform the user of modifications to a Wastewater
Discharge Permit at least 30 days prior to the modification effective
date. Unless the circumstances require otherwise as determined by
the Public Works Director, modifications or new conditions to a Wastewater
Discharge Permit shall be issued in writing and shall include a reasonable
time schedule for compliance. A Wastewater Discharge Permit may be
modified for any of the following reasons:
1.
To
incorporate any new or revised Federal, State, or local pretreatment
standards or requirements.
2.
To
address significant alterations or additions to the user's operations,
processes, or wastewater volume or character since the time of permit
issuance.
3.
A
change in the POTW that requires either a temporary or permanent reduction
or elimination of an authorized discharge.
4.
Information
indicating that the permitted user poses a threat to the City's POTW,
personnel, or receiving waters.
5.
Violation
of any terms or conditions of the permit.
6.
Misrepresentation
or failure to fully disclose all relevant facts in the permit application
or in any required reporting.
7.
Revision
of, or a grant of variance from, any categorical pretreatment standard.
8.
To
correct typographical or other errors in the permit.
J.
No
permit transfer. Wastewater Discharge Permits are issued to a specific
user for a specific operation. A Wastewater Discharge Permit shall
not be reassigned, transferred or sold to a new or different owner,
user, or premises, or to a new or changed operation at or on any permitted
or previously permitted premises. Wastewater Discharge Permits shall
be void upon cessation of operations or transfer to a different user.
K.
Permit
revocation. Any user who violates any of the following conditions
of the Wastewater Discharge Permit or of this title, or applicable
State and Federal regulations, is subject to having its permit revoked:
1.
Failure to provide prior notification to the Public Works Director of changed conditions pursuant to Section 16.08.070 of this chapter;
2.
Misrepresentation
or failure to fully disclose all relevant facts in the Wastewater
Discharge Permit application;
3.
Falsifying
self-monitoring reports and certification statements;
4.
Tampering
with monitoring equipment;
5.
Refusing
to allow the Public Works Director timely access to the facility premises
and/or records;
6.
Failure
to meet effluent limitations;
7.
Failure
to pay fines;
8.
Failure
to pay sewer charges;
9.
Failure
to meet compliance schedules;
10.
Information indicating that the permitted user poses a threat to
the City's POTW, personnel, or receiving waters; or
11.
Violation of any pretreatment standard or requirement, or any terms
of the Wastewater Discharge Permit or this title.
(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5675, 2014; Ord. 5977, 2020)
A.
Installation
of monitoring facilities. The Public Works Director shall require
the user to construct, at its own expense, monitoring facilities adequate
to allow inspection and sampling of the sewer or internal drainage
systems at, upon, or in the user's premises. The Public Works Director
may also require the construction of flow measurement facilities and
sampling or metering equipment, and may specify which facilities and
equipment shall be provided, installed, and operated at the user's
expense. The monitoring facility should normally be situated on the
user's premises, but the Public Works Director may, when such a location
would be impractical or would cause undue hardship on the user, allow
the facility to be constructed in the public street or sidewalk area
and located so that it will not be obstructed by landscaping or parked
vehicles; provided, however, that the user shall be required to comply
with all applicable encroachment and other land use requirements.
B.
Access
to monitoring facilities. If the monitoring facility is inside or
on the user's premises, User shall allow ready access for City personnel.
Any change to the accessibility of the user's premises, such as a
new lock or combination, must be provided to the Public Works Director
within 24 hours following the change.
C.
Obstruction
to access. Any temporary or permanent obstruction to safe and easy
access to the facility to be inspected and/or sampled shall be promptly
removed by the user at the request of the Public Works Director and
shall not be replaced. The costs of clearing such access shall be
paid by the user. All costs of removing temporary or permanent obstructions
shall be paid by the user.
D.
Construction
of monitoring facilities. Whether constructed on public or private
property, the sampling and monitoring facilities shall be provided
in accordance with the City's requirements and all applicable construction
standards and specifications. Construction shall be completed within
90 days following written notification by the City unless a time extension
is otherwise granted by the City.
E.
Sampling
procedures.
1.
Except
as provided in subsections E.2 and 3 of this section, the user must
collect wastewater samples using 24-hour flow-proportional composite
sampling techniques, unless time-proportional composite sampling or
grab sampling is authorized by the Public Works Director. Where time-proportional
composite sampling or grab sampling is authorized by the Public Works
Director, 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 24-hour period may be composited prior to the analysis as
follows: for cyanide, total phenols, and sulfides, the samples may
be composited in the laboratory or in the field; for volatile organics
and oil and grease, the samples may be composited in the laboratory.
Composite samples for other parameters unaffected by the compositing
procedures as documented in approved EPA methodologies may be authorized
by the City, as appropriate. In addition, grab samples may be required
to show compliance with instantaneous limits.
2.
Samples
for oil and grease, temperature, pH, cyanide, total phenols, sulfides,
and volatile organic compounds must be obtained using grab collection
techniques. Actual sample type requirements shall be included in the
Wastewater Discharge Permit.
3.
For sampling required in support of the reports required in Sections 16.08.010 and 16.08.030 of this chapter, 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 Public Works Director may authorize fewer grab samples.
(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5675, 2014)
Users subject to the reporting requirements of this title shall
retain, and make available for inspection and copying, all records
of information obtained pursuant to any monitoring activities required
by this title, any additional records of information obtained pursuant
to monitoring activities undertaken by the user independent of such
requirements, and documentation associated with BMPs established under
Section 16.04.120.E of this title. Records shall include the date,
exact place, method, and time of sampling, and the name of the person(s)
taking the samples; the dates analyses were performed; who performed
the analyses; the analytical techniques or methods used; and the results
of such analyses. These records shall remain available for a period
of at least three years. This period shall be automatically extended
for the duration of any litigation concerning the user or the City,
or where the user has been specifically notified of a longer retention
period by the Public Works Director.
(Ord. 5675, 2014)
The Public Works Director shall have the right to enter the
premises of any user to determine whether the user is complying with
all requirements of this title and any Wastewater Discharge Permit
or order issued hereunder. users shall allow the Public Works Director
access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying, and the performance of
any additional duties.
A.
User
security. Where a user has security measures in force which require
proper identification and clearance before entry into its premises,
the user shall make necessary arrangements with its security guards
so that, upon presentation of suitable identification, the Public
Works Director shall be permitted to enter without delay for the purposes
of performing specific responsibilities.
B.
Inspection
installations. The Public Works Director shall have the right to install
devices on the user's property, or require installation of devices,
as are necessary to conduct sampling and/or metering of the user's
operation.
C.
Delay
in access. Unreasonable delays in allowing the Public Works Director
access to the user's premises shall be a violation of this title.
D.
Public
Works Director search warrant. If the Public Works Director has been
refused access to a building, structure, or property, or any part
thereof, and holds a reasonable suspicion that there may be a violation
of this title, or that there is a need to inspect and/or sample as
part of a routine inspection and sampling program of the City designed
to verify compliance with this title or any permit or order issued
hereunder, or to protect overall public health, safety, and welfare
of the City, the Public Works Director may seek issuance of a search
warrant from the City Attorney.
(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5675, 2014)
Users shall meet limitations established herein before discharging
to any community sewer. Any facilities required to pretreat wastewater
shall be provided and maintained and continuously operated at the
user's expense. Prior to construction of any facility subject to regulation
under the provisions of this title, detailed plans showing pretreatment
facilities and operating procedures shall be submitted to the Public
Works Director for review, and shall be approved by the City before
construction of the facility. The review of such plans and operating
procedures will in no way relieve the user of responsibility for modifying
the facility as necessary to produce a wastewater that meets the provisions
of this title. Any subsequent changes in the pretreatment facilities
or operation thereof shall be reported to and approved by the Public
Works Director prior to implementation.
(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5675, 2014)
A.
Accidental
discharge. Each user shall provide facilities to prevent the accidental
discharge of prohibited materials or other Wastes regulated by this
title. Such facilities shall be provided and maintained at the user's
expense. Detailed plans showing facilities and operating procedures
to provide this protection shall be submitted to the City for review,
and shall be approved by the City before construction of the facility.
B.
User
responsibility. The review of such plans and operating procedures
shall in no way relieve the user from the responsibility of modifying
the facility as needed to provide the protection necessary to meet
the requirements of this title.
(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5675, 2014)
Information and data regarding a user obtained from reports,
surveys, Wastewater Discharge Permit applications, Wastewater Discharge
Permits, monitoring programs, and from the Public Works Director's
inspection and sampling activities shall be made available to the
public without restriction unless the user specifically requests in
writing, and is able to demonstrate to the satisfaction of the Public
Works Director, that the release of such information would divulge
information, processes, or methods of production entitled to protection
as trade secrets under applicable State law. Any such request must
be made at the time of submission of the information or data. When
sufficiently demonstrated by the user furnishing a report that such
information should be held confidential, the portions of a report
which might disclose trade secrets or secret processes shall not be
made available for inspection by the public, but shall be made available
immediately upon request to governmental agencies for uses related
to the NPDES program or pretreatment program and in enforcement proceedings
involving the person furnishing the report. Notwithstanding the above,
wastewater constituents and characteristics and other effluent data
as defined in 40 CFR Part 2.302 shall not be recognized as confidential
information and shall be made available to the public without restriction.
(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5675, 2014)
The provisions of this title shall apply to all users who discharge
wastewater to, on or into any community sewer or the POTW from premises
located inside or outside the City limits.
(Ord. 4589, 1989; Ord. 5675, 2014)
Special agreements and arrangements between the City and any
person may be established when, in the opinion of the Public Works
Director, unusual or extraordinary circumstances compel special terms
and conditions. However, in no instance shall special agreements relieve
a person from compliance with Categorical Pretreatment Limits or the
National Pretreatment Regulations found in 40 CFR Part 403.
(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5675, 2014)
