This chapter sets forth uniform requirements for users of the
publicly owned treatment works for the city of Crescent City and enables
the city to comply with all applicable state and federal laws, including
the Clean Water Act (33 United States Code [USC] Section 1251 et seq.)
and the General Pretreatment Regulations (Title 40 of the Code of
Federal Regulations [CFR] Part 403). The objectives of this chapter
are:
A.
To
prevent the introduction of pollutants into the publicly owned treatment
works that will interfere with its operation;
B.
To
prevent the introduction of pollutants into the publicly owned treatment
works that will pass through the publicly owned treatment works, inadequately
treated, into receiving waters, or otherwise be incompatible with
the publicly owned treatment works;
C.
To
protect both publicly owned treatment works personnel who may be affected
by wastewater and sludge in the course of their employment and the
general public;
D.
To
promote reuse and recycling of industrial wastewater and sludge from
the publicly owned treatment works;
E.
To
provide for fees for the equitable distribution of the cost of operation,
maintenance, and improvement of the publicly owned treatment works;
and
F.
To
enable the city to comply with its National Pollutant Discharge Elimination
System permit conditions, sludge use and disposal requirements, and
any other federal or state laws to which the publicly owned treatment
works is subject.
This chapter applies to all users of the publicly owned treatment
works. The chapter authorizes the issuance of individual wastewater
discharge permits or general permits; provides for monitoring, compliance,
and enforcement activities; establishes administrative review procedures;
requires user reporting; and provides for the setting of fees for
the equitable distribution of costs resulting from the program established
in this chapter.
(Ord. 757 § 1, 2010; Ord. 816 § 4, 2019)
The pretreatment coordinator will administer, implement, and
enforce the provisions of this chapter. Any powers granted to or duties
imposed upon the pretreatment coordinator may be delegated by the
pretreatment coordinator to a duly authorized city of Crescent City
employee.
(Ord. 757 § 1, 2010; Ord. 816 § 4, 2019)
The following abbreviations, as used in this chapter, have the
designated meanings:
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BOD5 – Biochemical Oxygen Demand
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BMP – Best Management Practice
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BMR – Baseline Monitoring Report
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CFR – Code of Federal Regulations
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CIU – Categorical Industrial user
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COD – Chemical Oxygen Demand
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EPA – U.S. Environmental Protection Agency
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gpd – gallons per day
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IU – Industrial User
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mg/L – milligrams per liter
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NPDES – National Pollutant Discharge Elimination System
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NSCIU – Non-Significant Categorical Industrial User
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POTW – publicly owned treatment works
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RCRA – Resource Conservation and Recovery Act
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SIU – Significant Industrial User
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SNC – Significant Noncompliance
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TSS – Total Suspended Solids
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USC – United States Code
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(Ord. 757 § 1, 2010; Ord. 816 § 4, 2019)
The following terms and phrases, as used in this chapter, have
the meanings hereinafter designated.
means the Federal Water Pollution Control Act, also known
as the Clean Water Act, as amended, 33 USC Section 1251 et seq.
means California Regional Water Quality Control Board North
Coast Region.
means:
If the user is a corporation: the president, or any other officer
or manager to whom the authority has been delegated by the corporation's
board of directors, by resolution, certified and delivered to the
city.
If the user is a partnership or sole proprietorship: any general
partner or the sole proprietor, respectively.
If the user is a limited liability company: the managing agent
of the LLC.
If the user is a federal, state, or local governmental agency:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in paragraphs 1 through 4, above,
may designate a duly authorized representative if the authorization
is in writing, the authorization specifies the individual or position
responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental
matters for the company, and the written authorization is submitted
to the city.
means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 13.40.050(A) and (B), referenced in 40 CFR 403.5(a)(1) and (b). BMPs may refer to treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for
five days at twenty degrees centigrade, usually expressed as a concentration
(e.g., mg/L).
means the intentional diversion of wastestreams from any
portion of a user's pretreatment facility.
means an Industrial user subject to a Categorical Pretreatment
Standard or Categorical Standard.
means any regulation containing pollutant discharge limits
promulgated by EPA in accordance with Section 307(b) and (c) of the
Act (33 USC Section 1317) that apply to a specific category of users
and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
means discharge that is subject to Categorical Pretreatment
Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N.
means a measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
means the city of Crescent City or the city council of the
city of Crescent City.
means either: (1) the total mass of the constituent discharged
over the calendar day (12:00 a.m. through 11:59 p.m.) or any twenty-four-hour
period that reasonably represents a calendar day for the purposes
of sampling (as specified in the permit), for a constituent with limitations
expressed in units of mass; or (2) the unweighted arithmetic mean
measurement of the constituent over the day for a constituent with
limitations expressed in other units of measurement (e.g., concentration).
means the arithmetic average of all effluent samples for
a pollutant collected during a calendar day.
means the maximum allowable discharge limit of a pollutant
during a calendar day. Where daily maximum limits are expressed in
units of mass, the daily discharge is the total mass discharged over
the course of the day. Where daily maximum limits are expressed in
terms of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
means the introduction of pollutants into the POTW from any
non-domestic source.
mean the U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, the Regional Administrator,
or other duly authorized official of said agency.
means any source of discharge that is not a new source.
means a permit issued by the city to control SIU discharges
to the POTW if the type of operations of various users are the same
or substantially similar, the discharge is the same, the effluent
limitation are the same and require the same or similar monitoring
and in the opinion of the pretreatment coordinator, are more appropriately
controlled under a general permit than under individual wastewater
discharge permits.
means a sample that is taken from a waste stream without
regard to the flow in the waste stream and over a period of time not
to exceed fifteen minutes.
means domestic wastewater composed of washwater from kitchen
sinks, bathroom sinks and tubs, clothes washers, and laundry tubs
that are not used for disposal of chemical or chemical-biological
ingredients.
means the introduction of pollutants into the POTW from any
non-domestic source.
means a permit issued by the city to control SIU discharges
to the POTW.
mean a source of indirect discharge.
means the maximum concentration of a pollutant allowed to
be discharged at any time, determined from the analysis of any discrete
or composited sample collected, independent of the industrial flow
rate and the duration of the sampling event.
means a discharge that, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal and therefore, is a cause of a violation of the city's NPDES
permit or of the prevention of sewage sludge use or disposal in compliance
with any of the following statutory/regulatory provisions or any permits
issued thereunder, or any more stringent state or local regulations:
Section 405 of the Act; the Solid Waste Disposal Act, including Title
II commonly referred to as the Resource Conservation and Recovery
Act (RCRA); any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act;
the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research, and Sanctuaries Act.
means specific discharge limits adopted by the city and enforced
as to industrial or commercial facilities to implement the general
and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and
(b).
means isolation wastes, infectious agents, human blood and
blood products, pathological wastes, sharps, body parts, contaminated
bedding, surgical wastes, potentially contaminated laboratory wastes,
and dialysis wastes.
means the sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
means the highest allowable monthly average over a calendar
month.
means:
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed Pretreatment Standards
under Section 307(c) of the Act that will be applicable to such source
if the Pretreatment Standards are thereafter promulgated in accordance
with that section, if:
The building, structure, facility, or installation is constructed
at a site at 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 are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, must 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 paragraph (1)(b) or (c) above 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:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment,
or
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
Entered into a binding contractual obligation for the purchase
of facilities or equipment that is intended to be used in its operation
within a reasonable time. Options to purchase or contracts that 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.
means water used for cooling that does not come into direct
contact with any raw material, intermediate product, waste product,
or finished product.
means an industrial user that never discharges more than
one hundred gallons per day (gpd) of total categorical wastewater
(excluding sanitary, non-contact cooling, and boiler blowdown wastewater,
unless specifically included in the Pretreatment Standard) and the
following conditions are met:
The industrial user, prior to the city's finding, has consistently
complied with all applicable Categorical Pretreatment Standards and
Requirements;
The Industrial user annually submits the certification statement required in Section 13.40.450(B), together with any additional information necessary to support the certification statement; and
The industrial user never discharges any untreated concentrated
wastewater.
means a discharge that exits the POTW into waters of the
United States in quantities or concentrations that, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the city's NPDES permit, including
an increase in the magnitude or duration of a violation.
means any individual, partnership, firm, company, corporation,
association, limited liability company, joint stock company, trust,
estate, governmental entity, or any other legal entity or their legal
representatives, agents, or assigns. This definition includes all
federal, state, and local governmental entities.
means a measure of the acidity or alkalinity of a solution,
expressed in standard units.
means dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, Medical Wastes,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt, municipal,
agricultural and industrial wastes, and certain characteristics of
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD5, COD,
toxicity, or odor).
means a publicly owned treatment works, as defined by Section
212 of the Act (33 USC 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.
means the reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes, by process changes, or by other
means, except by diluting the concentration of the pollutants unless
that is allowed by an applicable Pretreatment Standard.
means the person designated by the city to supervise the
operation of the POTW and who is charged with certain duties and responsibilities
by this chapter, as well as a duly authorized representative designated
in writing by the pretreatment coordinator.
means wastewater treatment as necessary to comply with this chapter and to achieve compliance with all Categorical Pretreatment Standards, local limits, and the prohibitions set out in Section 13.40.050. Any facilities necessary for compliance must be provided, operated, and maintained at the user's expense.
means any substantive or procedural requirement related to
pretreatment imposed on a user, other than a Pretreatment Standard.
means prohibited discharge standards, Categorical Pretreatment
Standards, and local limits.
means absolute prohibitions against the discharge of certain substances as set forth in Section 13.40.050 of this chapter.
means any sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks.
means human excrement and gray water (household showers,
dishwashing operations, etc.).
means except as provided in paragraphs 3 and 4 of this section,
a significant industrial user is:
An industrial user subject to Categorical Pretreatment Standards;
or
An industrial user that:
Discharges an average of twenty-five thousand gpd or more of
process wastewater to the POTW (excluding sanitary, noncontact cooling
and boiler blowdown wastewater),
Contributes a process wastestream which makes up five percent
or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant, or
Is designated as such by the city on the basis that it has a
reasonable potential for adversely affecting the POTW's operation
or for violating any Pretreatment Standard or Requirement;
The city may determine that an industrial user subject to Categorical
Pretreatment Standards is a non-significant categorical industrial
user rather than a significant industrial user;
Upon a finding that a user meeting the criteria in paragraph
2 of this definition has no reasonable potential for adversely affecting
the POTW's operation or for violating any Pretreatment Standard or
Requirement, the city may at any time, on its own initiative or in
response to a petition received from an Industrial user, and in accordance
with procedures in 40 CFR 403.8(f)(6), determine that such user should
not be considered a significant industrial user.
means any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards in Section 13.40.050 of this chapter. A slug discharge is 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 to violate the POTW's regulations, local limits or permit conditions.
means any flow occurring during or following any form of
natural precipitation, including and resulting from precipitation.
mean the total suspended matter that floats on the surface
of, or is suspended in, water, wastewater, or other liquid, and that
is removable by laboratory filtering.
means an exceptional incident in which there is unintentional
and temporary noncompliance with Categorical Pretreatment Standards
because of factors beyond the control of the user.
means a source of indirect discharge.
means liquid and water-carried industrial wastes and sewage
from residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
means that portion of the POTW that is designed to provide
treatment of municipal sewage and industrial waste.
(Ord. 757 § 1, 2010; Ord. 816 § 4, 2019)
