The cities of San Bruno and South San Francisco jointly own
the South San Francisco and San Bruno Water Quality Control Plant,
which is operated by the city of South San Francisco. As the operator
of the plant, the city of South San Francisco administers, implements
and enforces the city of San Bruno's pretreatment program, including,
but not limited to, the provisions set forth in this chapter.
This chapter sets forth uniform requirements for direct and
indirect contributors into the POTW and enables the cities of San
Bruno and South San Francisco and the POTW to comply with all applicable
state of California laws (Water Code Section 1300 et seq.) and federal
laws required by the Clean Water Act of 1977 (33 U.S.C. Section 1251
et seq.) and the General Pretreatment Regulations (40 CFR, Part 403).
The objectives of this chapter are:
(a)
To prevent the introduction of pollutants into the POTW which will
upset or interfere with the operation of the POTW or contaminate the
resulting sludge;
(b)
To prevent the introduction of pollutants into the POTW which will
pass through the POTW, inadequately treated, into receiving waters
or the atmosphere or otherwise be incompatible with the POTW;
(c)
To improve the opportunity to recycle and reclaim wastewaters and
sludges from the POTW;
(d)
To provide for equitable distribution of the cost of the POTW; and
(e)
To prevent the exposure of workers at the POTW to chemical hazards.
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This chapter provides for the regulation of direct and indirect
dischargers to the POTW through the issuance of permits to certain
nondomestic users and through enforcement of general requirements
for all users, authorizes monitoring and enforcement activities, requires
user reporting, assumes that existing customer's capacity will not
be preempted, and provides for the setting of fees for the equitable
distribution of costs.
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This chapter shall apply throughout the city and to persons
outside the city who are, by contract or agreement with the city,
users of the POTW. Except as otherwise provided herein, both the city
of San Bruno and the city of South San Francisco shall have the authority
to administer, implement, and enforce the provisions of this chapter.
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(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
The following abbreviations, when used in this chapter, shall
have the designated meanings:
BOD – Biochemical Oxygen Demand
BMP – Best Management Practice
BMR – Baseline Monitoring Report
CFR – Code of Federal Regulations
CIU – Categorical Industrial User
COD – Chemical Oxygen Demand
EPA – U.S. Environmental Protection Agency
gpd – Gallons per Day
IU – Industrial User
mg/l – Milligrams per Liter
NPDES – National Pollutant Discharge Elimination System
NSCIU – Non-Significant Categorical Industrial User
POTW – Publicly Owned Treatment Works
RCRA – Resource Conservation and Recovery Act
SIU – Significant Industrial User
SNC – Significant Noncompliance
TSS – Total Suspended Solids
U.S.C. – United States Code
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
means the Federal Water Pollution Control Act, also known
as the Clean Water Act, originally Pub. L. No. 100-4, 101 Stat., thereafter
codified at 33 U.S.C. Section 1251 et seq., as amended.
means:
If the user is a corporation:
The president, secretary, treasurer, or a vice president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions
for the corporation; or
The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
If the user is a federal, state, or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or designee.
The individuals described in subsections (1) through (3) may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the POTW.
mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States and to implement the discharge prohibitions set forth in Section 10.12.150. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure, five
days at twenty degrees centigrade expressed in terms of weight and
concentration as milligrams per liter.
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 Sections 307(b) and (c) of the
Act (33 U.S.C. Section 1317) that apply to a specific category of
users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405
through 471.
means the equivalent quantity of oxygen utilized during oxidation
of organic and inorganic matter in wastewater under the conditions
of the COD test described in standard methods, expressed in milligrams
per liter.
means the city of San Bruno.
means impairment of the quality of the waters of the state
by waste to a degree which creates a hazard to the public health through
poisoning or through the spread of disease.
means the water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
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 San Mateo County department of environmental services,
or any successor.
means the direct or indirect introduction of pollutants or
wastewater into the POTW or the waters of the state.
means a single-family, duplex or multiple-family dwelling.
means the U.S. Environmental Protection Agency, or one of
its duly authorized officials.
means any source of discharge that is not a new source.
means a facility operating in a permanently constructed structure
such as a room, building or place, or portion thereof, maintained,
used or operated for the purpose of storing, preparing, serving or
manufacturing, packaging or otherwise handling food and/or beverage
for sale to other entities, or for consumption by the public, its
members or employees, and which has any process or device that uses
or produces grease, or grease vapors, steam, fumes, smoke or odors
that are required to be removed by an exhaust hood pursuant to California
Health and Safety Code Section 114149.1 or in accordance with the
California Retail Food Code (California Health and Safety Code Section
113700 et seq.).
means solid wastes from the preparation, cooking and dispensing
of foods, and from the handling, storage and sale of produce. "Properly
ground garbage" is the waste from the preparation, cooking and dispensing
of foods which have been ground to such a degree that all particles
may be carried freely under the flow conditions normally prevailing
in public sewers.
means a sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and over a period
of time not to exceed fifteen minutes.
means greases, oils, fats, fatty acids, waxes, soaps or other
matter which is so determined in accordance with the standard methods
examination for grease in polluted waters. Grease includes any substance
such as vegetable or animal product that is used in, or is a byproduct
of, the cooking or food preparation process, and that becomes or may
become viscous, or solidifies or may solidify, with a change in temperature
or other conditions.
means a multi-compartment device that is generally required,
according to the California Plumbing Code, to be located underground
between a food service establishment and the connection to the public
sewer. These devices primarily use gravity to separate grease from
the wastewater as it moves from one compartment to the next. To be
effective, these devices must be cleaned, maintained and have the
grease removed and disposed of in a proper manner, at regular intervals.
means any grease interceptor, grease trap or other mechanism
or device which attaches to, or is applied to, wastewater plumbing
fixtures and lines, the purpose of which is to trap, collect or treat
grease prior to it being discharged into the POTW.
means any waste from holding tanks such as vessels, chemical
toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
means the discharge or the introduction of nondomestic pollutants
from any source regulated under Section 307(b), (c) or (d) of the
Act, into the POTW (including holding tank waste discharged into the
system).
means a source of indirect discharge.
means the gaseous, liquid and solid wastes from any producing,
manufacturing or personal service industries, or from any processing
operation of whatever nature, including the washing of vehicles, machines
and equipment.
means water other than wastewater that enters a sewer system
from sources, such as but not limited to, roof leaders, cellar drains,
yard drains, area drains, drains from springs and swampy areas, manhole
covers, cross connections between storm sewers and sanitary sewers,
catch basins, cooling towers, storm waters, surface runoff, street
wash waters, for drainage. Inflow does not include, and is distinguished
from, infiltration as defined in 40 CFR Section 35.2005.
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 which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations, or its sludge processes, use or
disposal; and therefore, causes or threatens to cause a violation
of the POTW's NPDES permit or prevents sewage sludge use or disposal
in compliance with Section 405 of the Act, the Solid Waste Disposal
Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, and
the Marine Protection, Research and Sanctuaries Act.
means specific discharge limits developed and enforced by the POTW upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR Section 403.5(a)(1) and (b) and Section 10.12.150.
means pounds per day in waste or waste discharge of designated
materials.
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 an industrial user who is not a significant industrial
user yet requires periodic inspection and/or monitoring to verify
compliance with current local limits.
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 average of daily discharges over
a calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
means a permit issued pursuant to Section 402 of the Act
(33 U.S.C. 1342).
means any outlet into a watercourse, pond, ditch, lake, bay,
ocean or other body of surface water, or into the groundwater.
means any building, structure, facility or installation from
which there is, or may be, a discharge of pollutants, the construction
of which began after the publication of proposed pretreatment standards
pursuant to Section 307(c) of the Act which will be applicable to
such source if such standards are promulgated, provided that:
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, should be considered.
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Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (2) or (3) but otherwise alters, replaces, or adds to existing process or production equipment.
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Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
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(1)
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Begun, or caused to begin, as part of a continuous on-site construction
program: (A) any placement, assembly or installation of facilities
or equipment, or (B) significant site preparation work including clearing,
excavation, or removal of existing buildings, structures or facilities
which is necessary for the placement, assembly, or installation of
new source facilities or equipment; or
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(2)
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Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this subsection.
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means water used for cooling that does not come into direct
contact with any raw material, intermediate product, waste product,
or finished product.
means discharge through the POTW to waters of the United
States which, alone or in conjunction with discharges from other sources,
causes or threatens to cause a violation of the POTW's NPDES permit.
means any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns.
means the logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
means any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, sewage sludge, munitions, medical
wastes, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock, sand, cellar dirt, industrial
wastes, municipal wastes or agricultural wastes discharged into water.
means the manmade or man-induced alteration of the chemical,
physical, biological or radiological integrity of water.
means the reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of discharging or otherwise introducing
such pollutants into the POTW. The reduction or alteration can be
obtained by physical, chemical or biological processes, or process
changes or by other means, except as prohibited by 40 CFR Section
403.6(d).
means a program to protect the POTW, its workers and the
environment from adverse impacts that may occur when hazardous or
toxic wastes are discharged into the POTW.
means any substantive or procedural requirement related to
pretreatment, other than a pretreatment standard imposed on an industrial
user.
includes categorical pretreatment standards, prohibited discharge
standards, and local limits.
means absolute prohibitions against the discharge of certain substances which are set forth in Section 10.12.150.
means a treatment works as defined by Section 212 of the
Act (33 U.S.C. 1292) which is owned by the cities of South San Francisco
and San Bruno and operated by the city of South San Francisco. This
definition includes any devices or systems used in the collection,
storage, treatment, recycling and reclamation of sewage or industrial
wastes of a liquid nature and any sewers, pipes and other conveyances
that convey wastewater to a treatment plant. For the purposes of this
chapter, POTW shall also include any sewers that convey wastewaters
to the plant from persons outside the city, who are, by contract or
agreement with the city, users of the POTW.
means domestic or domestic-like sewage.
(see wastewater) means water-carried and liquid wastes from
residences, business buildings, institutions and industrial establishments,
together with such groundwaters, surface waters, and storm waters
as may be present, or any combination of such wastes and waters.
means a pipe or conduit for carrying water, sewage and/or
wastewater; and the following:
"Building sewer"
means a sewer conveying wastewater from the premises of a
user to a public sewer.
"Public sewer"
means a sewer which is controlled by the city or other public
agency.
"Sanitary sewer"
means a sewer for domestic, commercial and industrial waste
to which storm waters, surface waters and groundwaters are not intentionally
admitted.
"Side sewer"
means a sewer conveying the wastewater of a discharge from
a residence, building or other structure to a public sewer, including
direct connections where permitted.
"Storm sewer"
means a sewer which carries storm and surface waters but
from which sewage and polluted industrial, commercial and institutional
wastes are required to be excluded.
means:
All categorical industrial users;
Any noncategorical industrial user that: (A) discharges an average
of twenty-five thousand gallons or more per day of process wastewater
to the POTW, or (B) contributes a process wastestream which makes
up five percent or more of the average dry weather hydraulic or organic
capacity of the POTW treatment plant, or (C) has a reasonable potential,
in the opinion of the superintendent, to adversely affect the POTW's
operation (i.e., inhibition, pass through of pollutants, sludge contamination,
or endangerment of POTW and collection system workers) or for violating
any pretreatment standard or requirement;
The superintendent may determine that a categorical industrial
user is a nonsignificant categorical industrial user rather than a
SIU on a finding that the industrial user never discharges more than
one hundred gallons per day (gpd) of total categorical wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater, unless specifically included in the pretreatment standard)
and the following conditions are met:
The industrial user, prior to the superintendent's finding,
has consistently complied with all applicable categorical pretreatment
standards and requirements,
The industrial user annually submits the certification statement required in Section 10.12.140(e)(2), together with any additional information necessary to support the certification statement, and
The industrial user never discharges any untreated concentrated
wastewater.
means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 10.12.150 of this chapter. A slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.
means a classification pursuant to the Standard Industrial
Classification Manual issued by the Executive Office of the President,
Office of Management and Budget, 1972, or any successor.
means the latest EPA-approved edition of "Standard Methods
for the Examination of Water and Wastewater" prepared and published
jointly by American Public Health Association, American Water Works
Association, and the Water Pollution Control Federation on methods
deemed equivalent by the superintendent and the Regional Water Quality
Control Board, San Francisco Bay Region, herein referred to for definitions,
laboratory procedures of analysis, tests (including test samples)
and measurements.
means any flow occurring during or following any form of
natural precipitation and resulting therefrom.
means the superintendent of the POTW or the superintendent's
authorized representative. The superintendent is an employee of the
city of South San Francisco, and except as otherwise provided, has
the authority to administer, implement and enforce the provisions
of this chapter on behalf of the city of San Bruno.
means the total suspended matter that floats on the surface
of, or is suspended in, water, wastewater or other liquids, and which
is removable by laboratory filtering.
means any pollutant or combination of pollutants listed as
toxic in regulations promulgated by the EPA under the provision of
Section 307(a) of the Act (33 U.S.C. 1317) or other acts.
means an incident in which one or more pollutants cause the
removal efficiency for a treatment process at the POTW to be dramatically
reduced.
means any person who discharges, or causes or permits the
discharge of, wastewater into the POTW, including, but not limited
to, industrial users.
means all waste substances, liquid, solid, gaseous or radioactive,
associated with human habitation, or of human or animal origin, or
from any producing, manufacturing, personal service industry, or processing
operation of whatever nature.
means the liquid and water-carried industrial or domestic
wastes from dwellings, commercial buildings, industrial facilities,
and institutions, whether treated or untreated, which is contributed
into or permitted to enter the POTW.
means an SIU permit, a moderate industrial user permit or
other permit issued to a user pursuant to this chapter.
means that portion of the POTW which is designed to provide
treatment of wastewater.
means all streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
(a)
It is unlawful to discharge without a permit into any natural outlet
within the city or into the POTW any wastewater except as authorized
by the superintendent in accordance with the provisions of this chapter.
(b)
All significant industrial users proposing to discharge wastewater
to the POTW shall obtain a wastewater discharge permit from the superintendent
before discharging to any public sewer. Moderate industrial users
may be required to obtain a permit as deemed necessary by the superintendent.
(c)
Users required to obtain a wastewater discharge permit shall complete
and file with the POTW an application in the form prescribed by the
POTW, accompanied by a fee as set forth in the POTW's master fee schedule.
Proposed new users shall apply for a permit at least ninety days prior
to the date upon which any discharge will begin. Users shall be classified
as either residential, institutional, commercial, or industrial. In
support of the application, the users shall submit, in units and terms
appropriate for evaluation, the following information:
(1)
Name, mailing address, and location of use (if different from the
address), business license number and expiration date;
(2)
SIC number according to the Standard Industrial Classification Manual;
(3)
Wastewater constituents and characteristics as determined by a reliable
analytical laboratory. Sampling and analysis shall be performed in
accordance with procedures established by the EPA pursuant to Section
304(g) of the Act (33 U.S.C. 1314) and contained in 40 CFR, Part 136;
(4)
Time and duration of discharge;
(5)
Average daily and thirty-minute peak wastewater flow rates, including
daily, monthly and seasonal variations if any;
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the size,
location and elevation;
(7)
Description of activities, facilities and plant processes on the
premises including all materials which are or could be discharged;
(8)
Where known, the nature and concentration of any pollutants in the
discharge which are subject to any pretreatment standards, and a statement,
signed by an authorized representative of the user and certified to
be a qualified professional, regarding whether or not the pretreatment
standards are being met on a consistent basis and if not, whether
additional operation and maintenance or additional pretreatment is
required for the user to meet applicable pretreatment standards;
(9)
If additional pretreatment operation and maintenance will be required
to meet the pretreatment standards the shortest schedule by which
the user will provide such additional pretreatment. The completion
date in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard.
The following conditions shall apply to this schedule:
(A)
The schedule shall contain increments of progress 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 in subsection (c)(9)(A) shall exceed nine
months,
(C)
Not later than fourteen days following each date in the schedule
and the final date for compliance, the user shall submit a progress
report to the superintendent including, at a minimum, whether or not
it complied with the increment of progress to be met on such date
and, if not, the date on which it expects to comply with this increment
of progress, the reason for the delay, and the steps being taken by
the user to return the construction to the schedule established. In
no event shall more than nine months elapse between such progress
reports to the superintendent;
(10)
Each product produced by type, amount, process or processes and rate
of production;
(11)
Type and amount of raw materials processed (average and maximum per
day);
(12)
Number and type of employees, hours of operation of plant and proposed
or actual hours of operation of pretreatment system;
(13)
A baseline monitoring report (BMR) must be submitted, in compliance
with, and containing all the information required by, 40 CFR Section
403.12(b); and
(14)
Such other information as may be deemed by the superintendent to
be necessary to evaluate the permit application.
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The BMR, ninety-day compliance reports, and periodic compliance
reports for categorical industrial users must be signed by the appropriate
official as specified in 40 CFR Section 403.12(1), and contain the
certification statement in 40 CFR Section 403.6(a)(2)(ii).
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(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
All new sewers and connections to new and existing sewers shall
be properly designed and constructed to prevent inflow and in accordance
with the Uniform Building Code then in effect and other applicable
city ordinances. Any new connections from inflow sources into the
POTW are prohibited. The applicant for a permit to construct sewers
or connections shall furnish the chief building inspector with a copy
of the wastewater discharge permit.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
Wastewater discharge permits subject to the categorical pretreatment standards will be modified by the POTW, as soon as possible, subsequent to a change in federal standards. Where a categorical user has not previously submitted an application for a wastewater discharge permit, the user shall apply for a wastewater discharge permit within one hundred eighty days after the promulgation of the applicable categorical pretreatment standard. In addition, a user with an existing wastewater discharge permit shall submit to the superintendent within one hundred eighty days after the promulgation of an applicable federal categorical pretreatment standard the information required by Section 10.12.040.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
(a)
Wastewater discharge permits shall be expressly subject to all provisions
of this chapter and all other applicable regulations, user charges,
and fees established by the city or the POTW. Commercial and industrial
users must maintain a current city business license.
(b)
Permits must contain the following provisions:
(1)
Effluent limits, including best management practices, based on applicable
pretreatment standards;
(2)
The duration of the permit;
(3)
A statement that the permit is nontransferable without prior notification
to the POTW and provision of a copy of the permit to the new owner
or operator;
(4)
Self-monitoring, sampling, reporting, notification and record-keeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency,
sampling type based on federal, state and local law;
(5)
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 10.12.130(d);
(6)
Requirements to control slug discharge, if determined by the superintendent
to be necessary;
(7)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards; and
(8)
Any applicable compliance schedules.
(c)
Permits may contain additional provisions, including, but not limited
to:
(1)
Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization;
(2)
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;
(3)
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;
(4)
Requirements for the development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the POTW;
(5)
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW;
(6)
Requirements for installation and maintenance of inspection, monitoring
and sampling facilities and monitoring equipment;
(7)
A statement that compliance with the individual wastewater discharge
permit does not relieve the permittee of responsibility for compliance
with applicable pretreatment standards, including those that become
applicable during the term of the individual wastewater discharge
permit;
(8)
Requirements for notification to the POTW of any increased contributions
of pollutants, changes in the nature of pollutants, or of any introduction
of new wastewater constituents where such contributions would cause
the POTW to violate its NPDES permit. In compliance with 40 CFR Section
403.12(j), all industrial users must notify the POTW prior to any
increased contributions of pollutants, or changes in the character
of pollutants in their discharges, including hazardous wastes;
(9)
Other conditions as deemed appropriate by the superintendent to ensure
compliance with this chapter, and state and federal laws, rules and
regulations.
(d)
The superintendent or the superintendent's designee may amend the
terms and conditions of a wastewater discharge permit or add new and
different terms and conditions to meet the requirements of applicable
federal and state statutes, city ordinances and administration orders
issued pursuant thereto.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
Permits shall be issued for a specified time period, not to
exceed five years. A permit may be issued for a period less than a
year or may be stated to expire on a specific date. The user shall
apply for permit reissuance a minimum of ninety days prior to the
expiration of the user's existing permit. The terms and conditions
of the permit may be subject to modification by the POTW during the
term of the permit as limitations or requirements are modified or
other just cause exists. The user shall be informed of any proposed
changes in a permit at least thirty days prior to the effective date
of change. Any changes or new conditions in the permit shall include
a reasonable time schedule for compliance.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
Wastewater discharge permits are issued to a specific user for
a specific operation. A wastewater discharge permit shall not be reassigned
or transferred or sold to a new owner, new user, different premises,
or a new or changed operation without the approval of the POTW. Any
succeeding owner or users shall also comply with the terms and conditions
of the existing permit.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
Waste discharge permits shall be issued to applicable users
and levied applicable fees as provided for in this chapter and shall
be classified as follows:
(a)
SIU Permit. An SIU permit shall be issued to all significant industrial
users. SIU permit holders are regulated in accordance with the requirements
specified in the pretreatment regulations, 40 CFR Part 403 and 40
CFR Chapter I, Subchapter N, Parts 405 through 471, as amended, and
this chapter.
(b)
Moderate Industrial Users Discharge Permit. A moderate industrial
user permit shall be issued, at the discretion of the superintendent,
to any user who is not a significant industrial user, yet requires
periodic inspection and/or monitoring to verify compliance with this
chapter. A moderate industrial user permit may be required for discharge
of industrial waste from stationary sources, trucked wastes, contaminated
groundwater, and other industrial wastes approved by the superintendent
for discharge to the sanitary sewer.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
(a)
In order to effectively administer and enforce the provisions of
this chapter, the superintendent may require any discharger to comply
with any or all the following requirements:
(1)
Discharge Reports. The superintendent may require a user to submit
discharge reports, including, but not limited to, questionnaires,
technical reports, sampling reports, and test analyses, and periodic
reports of wastewater discharge. When a report filed by a person pursuant
to this section is not adequate in the judgment of the superintendent,
he or she may require such person to supply such additional information
as the superintendent deems necessary. The discharge report may include,
but is not limited to, the nature of the process, volume and rates
of wastewater flow, elements, constituents, and characteristics of
the wastewater, together with any information required in an application
for wastewater discharge permit.
(2)
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 Section 403.6(a)(4), whichever is later, each categorical industrial
user currently discharging or scheduled to discharge to the POTW shall
submit a baseline monitoring report (BMR) to the superintendent that
complies with the requirements set forth in 40 CFR Section 403.12(b),
which is incorporated by reference into this chapter. At least ninety
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 submit to the superintendent
a BMR that complies with the requirements set forth in 40 CFR Section
403.12(b).
(3)
Periodic Compliance Reports. All significant industrial users must submit to the superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the superintendent, a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge. At the discretion of the superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the superintendent may agree to alter the months during which the above reports are submitted. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the superintendent or the pretreatment standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with Section 10.12.140(e) of this chapter.
(4)
Compliance Schedule for the Installation of Technology. The superintendent
may require each user to develop a compliance schedule for the installation
of technology to meet applicable pretreatment standards or requirements
that complies with the requirements set forth in 40 CFR Section 403.12(c).
The compliance schedule for the installation of technology is not
conditioned on the determination of violations. Any user required
to submit a compliance schedule to the superintendent shall submit
progress reports to the superintendent in accordance with 40 CFR Section
403.12(c)(3).
(5)
Report on Compliance with Categorical Deadline. Within ninety days
after the final date for compliance with applicable categorical pretreatment
standards, or in the case of a new source, following commencement
of the discharge, all categorical industrial users shall submit to
the superintendent a report containing the information set forth in
paragraphs (b)(4) through (6) of 40 CFR Section 403.12. For categorical
industrial users subject to equivalent mass or concentration limits
established by the superintendent, the report shall contain a reasonable
measure of the user's long-term production rate. For categorical industrial
users subject to categorical pretreatment standards expressed in terms
of allowable pollutant discharge per unit of production (or other
measure of operation), the report shall include the user's actual
production during the appropriate sampling period.
(6)
Notice of Violation/Resampling Report. If sampling by a user indicates
a violation, the user shall notify the POTW within twenty-four hours
of becoming aware of the violation. The user shall also repeat the
sampling and analysis (following the guidelines in the enforcement
response plan) and submit the results of the repeat analysis to the
POTW within thirty days of becoming aware of the violation. Resampling
by the industrial user is not required if the POTW performs sampling
at the industrial user's facility at least once per month or the POTW
performs sampling at the industrial user's facility between the time
when the initial sampling was conducted and the time when the user
or the POTW receives the results of this sampling. Within forty-five
days of detecting such violation, the user shall, unless waived by
the POTW, 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 may 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 chapter.
(7)
Slug Control Plan. The superintendent shall determine whether each
significant industrial user needs a plan to control slug discharges.
If the superintendent determines such a plan is required, the significant
industrial user shall submit a plan containing at a minimum the following
elements: (A) description of discharge practices, including nonroutine
batch discharges; (B) description of stored chemicals; (C) procedures
for immediately notifying the POTW of slug discharges, including any
discharge that would violate a prohibition under 40 CFR Section 403.5(b),
with procedures for follow-up written notification within five days;
and (D) if necessary, procedures to prevent adverse impact from accidental
spills, including inspection and maintenance of storage area, handling
and transfer of materials, loading and unloading operations, control
of plant site runoff, worker training, building of containment structures
or equipment, measures for containing toxic organic pollutants (including
solvents), and/or measures and equipment for emergency response.
(8)
Notice of Potential Problems. All industrial users shall notify the
POTW immediately of any discharges that could cause problems to the
POTW, including any slug loadings.
(9)
Notification of Changed Conditions. All industrial users shall promptly
notify the POTW in advance of any substantial change in the volume
or character of pollutants in their discharge, including the listed
or characteristic hazardous wastes for which the industrial user has
submitted initial notification under subsection (a)(10) and any changes
affecting the potential for a slug discharge.
(10)
Notification of Hazardous Waste Discharge.
(A)
All industrial users discharging any substance which, if otherwise
disposed of, would be a hazardous or acutely hazardous waste under
40 CFR Part 261, must comply with the notification requirements in
40 CFR Section 403.12(p)(1) and (3) unless exempted under the provisions
of 40 CFR Section 403.12(p)(2). Any written notification required
by this subsection shall be provided to the POTW, the EPA Regional
Waste Management Division Director, and state hazardous waste authorities.
(B)
In the case of any notification made under subsection (10)(A), the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. The POTW may accept a copy of a hazardous waste reduction or minimization plan otherwise required by law, as compliance with this requirement.
(11)
Other Reports. The POTW may require any other reports, as deemed
necessary by the superintendent, to determine a user's compliance
status with this chapter and federal and state laws.
(b)
The POTW may reduce the requirement for periodic compliance reports set forth in subsection (a)(3) to a requirement to report no less frequently than once a year, unless required more frequently by a pretreatment standard or by the state, where the industrial user's total categorical wastewater flow does not exceed any of the following:
(1)
0.01 percent of the POTW's design dry-weather hydraulic capacity
or five thousand gallons per day, whichever is smaller, as measured
by a continuous effluent flow monitoring device unless the industrial
user discharges in batches;
(2)
0.01 percent of the design dry-weather organic (BOD or TSS) treatment
capacity of the POTW; and
(3)
0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with Section 10.12.160(a) of this chapter.
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Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in Section 10.12.140(b) of this chapter. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the superintendent, decreasing the reporting requirement for the industrial user would result in data that are not representative of conditions occurring during the reporting period.
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(c)
Recordkeeping Requirements. Users subject to the reporting requirements
of this section shall retain, and make available for inspection and
copying, all records of information obtained pursuant to any monitoring
activities required by this chapter, any additional records of information
obtained pursuant to monitoring activities undertaken by the user
independent of such requirements, and documentation associated with
best management practices. 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 POTW,
or where the user has been specifically notified of a longer retention
period by the superintendent.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
(a)
The superintendent may require users to conduct and maintain monitoring
programs as a means of controlling the quantity and quality of the
discharge so that discharges comply with the provisions of this chapter.
The monitoring program shall consist of test samples and analyses,
the frequency and type of which shall be specified by the superintendent.
Upon demonstrating to the superintendent that the user has the necessary
qualifications and equipment to conduct the monitoring program or
that the user has retained the services of a qualified consultant
or laboratory so certified by the State Department of Public Health,
the user may conduct this monitoring program. The user shall submit
monitoring reports to the superintendent monthly unless the superintendent
determines a different frequency for the periodic monitoring reports,
in which case the superintendent shall specify the report frequency
to the user by written notice, stating the reasons therefor. If the
user fails, refuses or neglects to conduct and maintain the required
monitoring program, or does not have qualified personnel and equipment
therefor, or does not have the services of a qualified consultant
or laboratory so certified by the State Department of Public Health,
then the superintendent may establish a monitoring program with POTW
personnel if available or with services of a qualified consultant
or laboratory so certified by the State Department of Public Health,
the cost of which shall be charged to the user and/or parcel owner.
(b)
The POTW may require, to be provided and operated at the user's own
expense, monitoring facilities to allow inspection, sampling, and
flow measurement of the building sewer and/or internal drainage systems.
The monitoring facility should normally be situated on the user's
premises, but the POTW may, when such a location would be impractical
or cause undue hardship on the user, allow the facility to be constructed
off-premises. There shall be ample room in or near such sampling manhole
or facility to allow accurate sampling and preparation of samples
for analysis. The facility, sampling, and measuring equipment shall
be maintained at all times in a safe and proper operating condition
at the expense of the user. The sampling and monitoring facilities
shall be provided in accordance with the city's and POTW's requirements
and all applicable local construction shall be completed within ninety
days following commencement.
(c)
Monitoring and Analysis to Demonstrate Continued Compliance.
(1)
Except in the case of nonsignificant categorical users, the reports required by Section 10.12.110(a)(2), (a)(3), (a)(5), (a)(6) and (a)(11) shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. This sampling and analysis may be performed by the POTW in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under Section 10.12.140(e). In addition, where the POTW itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.
(2)
The reports required in Section 10.12.110(a)(2), (a)(3), (a)(5), (a)(6) and (a)(11) must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty-four hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the superintendent. Where time-proportional composite sampling or grab sampling is authorized by the superintendent, 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 superintendent, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(3)
For sampling required in support of baseline monitoring reports and ninety-day compliance reports required by Section 10.12.110(a)(2) and (a)(5), 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 superintendent may authorize a lower minimum. For the reports required by Section 10.12.110(a)(3), (a)(6) and (a)(11), the user shall collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
(4)
All analyses shall be performed in accordance with procedures established
by the EPA pursuant to Section 304(h) of the Act and contained in
40 CFR Part 136 and amendments thereto or with any other test procedures
approved by the EPA. Sampling shall be performed in accordance with
the techniques approved by the EPA. Where 40 CFR Part 136 does not
include sampling or analytical techniques for the pollutants in question,
or where the EPA determines that the Part 136 sampling and analytical
techniques are inappropriate for the pollutant in question, sampling
and analyses shall be performed using validated analytical methods
or any other sampling and analytical procedures, including procedures
suggested by the superintendent or other parties, approved by the
EPA.
(5)
If an industrial user subject to the reporting requirement in Section 10.12.110(a)(3) monitors any regulated pollutant at the appropriate sampling location more frequently than required by the POTW, using the procedures prescribed in subsection (c)(4) of this section, the results of this monitoring shall be included in the report.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
(a)
The POTW shall inspect as the superintendent deems necessary, the
facilities of any user to ascertain whether the purpose of this chapter
is being met and all requirements are being complied with. Persons
or occupants of premises where wastewater is created or discharged
shall allow the POTW or its representative ready access at all reasonable
times to all parts of the premises for the purposes of inspection,
sampling, records examination and copying or in the performance of
any duties.
The POTW and personnel from other governmental agencies shall
have the right to set up on the user's property such devices as are
necessary to conduct sampling inspection, compliance monitoring or
metering operations. Where a user has security measures in force which
would require proper identification and clearance before entry into
its premises, the user shall make necessary arrangements with its
security guards so that upon presentation of suitable identification,
personnel from the POTW and other governmental agencies will be permitted
to enter, without delay, for the purposes of performing their specific
responsibilities.
(b)
The superintendent may require any nonresidential user to construct,
at the user's own expense, a sampling facility or inspection manhole,
together with necessary related measuring and sampling equipment,
in accordance with construction standards and specifications of the
city and the POTW. The sampling facility, or well, or inspection manhole,
shall be constructed on the lateral side sewer of the user and installed
at a point where the sampling well intercepts all wastes from the
discharging source. The well shall also be within a clear easement
area at a location which will permit the POTW access to the facility
at all times. Construction shall be completed within sixty days of
written notification from the superintendent, unless such time is
extended by the superintendent for good cause. The superintendent
may require the user to install such sampling facilities or inspection
manholes on each lateral sewer.
(c)
All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all
times. The failure of a user to keep its monitoring facility in good
working order shall not be grounds for the user to claim that sample
results are unrepresentative of its discharge.
(d)
The POTW may authorize a categorical industrial user to forego sampling
of a pollutant regulated by a categorical pretreatment standard if
the industrial user has demonstrated through sampling and other technical
factors that the pollutant is neither present nor expected to be present
in the discharge, or is present only at background levels from intake
water and without any increase in the pollutant due to activities
of the industrial user. This authorization is subject to the following
conditions:
(1)
The waiver 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
categorical standard and otherwise includes no process wastewater.
(2)
The monitoring waiver is valid only for the duration of the effective
period of the individual 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 individual
wastewater discharge permit.
(3)
In making a demonstration that a pollutant is not present, the industrial
user must provide data from at least one sampling of the facility's
process wastewater prior to any treatment present at the facility
that is representative of all wastewater from all processes.
(4)
The request for a monitoring waiver must be signed by an authorized representative, and include the certification statement in Section 10.12.140(e) (40 CFR Section 403.6(a)(2)(ii)).
(5)
Nondetectable sample results may be used only as a demonstration
that a pollutant is not present if the EPA approved method from 40
CFR Part 136 with the lowest minimum detection level for that pollutant
was used in the analysis.
(6)
Any grant of the monitoring waiver by the superintendent must be
included as a condition in the user's permit. The reasons supporting
the waiver and any information submitted by the user in its request
for the waiver must be maintained by the superintendent for three
years after expiration of the waiver.
(7)
Upon approval of the monitoring waiver and revision of the user's permit by the superintendent, the industrial user must certify on each report with the statement in Section 10.12.140(e), that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.
(8)
In the event that a waived pollutant 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 comply with the monitoring requirements of Section 10.12.110 (a)(3), or other more frequent monitoring requirements imposed by the superintendent, and notify the superintendent.
(9)
This provision does not supersede certification processes and requirements
established in categorical pretreatment standards, except as otherwise
specified in the categorical pretreatment standard.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
(a)
Users shall provide necessary wastewater treatment as required to
comply with this chapter and shall achieve compliance with all pretreatment
standards within the time limitations specified by the EPA, state
or the superintendent, whichever is more stringent. Any facilities
required to pretreat wastewater to a level acceptable to the POTW
shall be provided, operated and maintained at the user's expense.
Detailed plans showing the pretreatment facilities and operating procedures
shall be approved by the POTW before construction of the facility.
The review of such plans and operating procedures will in no way relieve
the user from the responsibility of modifying the facility as necessary
to produce an effluent acceptable to the POTW under the provisions
of this chapter or regulations promulgated by the superintendent in
accordance with this chapter. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to, and approved
by, the POTW prior to the user's initiation of the changes.
(b)
The superintendent 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 as specified in 40 CFR Section 403.8 (f)(2)(vii) and additional requirements as specified below. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates subsections (b)(1) through (b)(13) of this section) and means:
(1)
Chronic violations of wastewater discharge limits, defined here as
those in which sixty-six percent of all of the measurements taken
for the same pollutant parameter during a six-month period exceed
(by any magnitude) a numeric pretreatment standard or requirement,
including instantaneous limits, as defined by 40 CFR Section 403.3(1);
(2)
Technical review criteria (TRC) violations, defined here as those
in which thirty-three percent or more of all of the measurements taken
for the same pollutant parameter during a six-month period equal or
exceed the product of the numeric pretreatment standard or requirement
including instantaneous limits, as defined by 40 CFR Section 403.3(1)
multiplied by the applicable TRC (TRC= 1.4 for BOD, TSS, fats, oil
and grease and 1.2 for all other pollutants except pH);
(3)
Any other violation of a pretreatment standard or requirement as
defined by 40 CFR Section 403.3(1) (daily maximum, longer term average,
instantaneous limit, or narrative standard) that the POTW determines
has caused, alone or in combination with other discharges, interference
or pass through (including endangering the health of POTW personnel
or the general public);
(4)
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the POTW's exercise of its emergency authority under Section 10.12.310 to halt or prevent such a discharge;
(5)
Failure to meet, within ninety days after the schedule date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
(6)
Failure to accurately report noncompliance;
(7)
Failure to provide within forty-five days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
(8)
Prohibited discharges that create a fire or explosion hazard, including
waste streams with a closed cup flash point of less than one hundred
forty degrees Fahrenheit (sixty degrees Celsius);
(9)
Prohibited discharges of petroleum oil, nonbiodegradable cutting
oil, or products of mineral origin in amounts that cause interference
or pass through;
(10)
Prohibited discharges that result in toxic gases, fumes, or vapors
in a quantity capable of causing worker health and safety problems;
(11)
Prohibited discharges having a temperature which inhibits biological
activity in the POTW resulting in interference;
(12)
Prohibited discharges of wastes or wastewater containing any radioactive
material, except in compliance with applicable state and federal regulations;
(13)
Any other violation or group of violations that the superintendent
determines will adversely affect the operation or implementation of
the POTW's pretreatment program.
(c)
All records relating to compliance with pretreatment standards shall
be made available to city, state and federal officials upon request.
(d)
The city may seek injunctive relief for noncompliance by industrial
users with pretreatment standards and requirements, and may seek additional
penalties pursuant to 40 CFR Section 403.8 (f)(1)(vi)(A).
(e)
Certification Statements.
(1)
Certification of Permit Applications, User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 10.12.040; users submitting baseline monitoring reports under Section 10.12.110(a)(2); users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 10.12.110(a)(5); users submitting periodic compliance reports required by Section 10.12.110(a)(3); and users submitting an initial request to forego sampling of a pollutant on the basis of Section 10.12.130(d). The following certification statement must be signed by an authorized representative as defined in Section 10.12.030:
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.
(2)
Annual Certification for Nonsignificant Categorical Industrial Users. A facility determined to be a nonsignificant categorical industrial user by the superintendent pursuant to Section 10.12.030 must annually submit the following certification statement signed by an authorized representative. This certification must accompany an alternative report required by the superintendent:
Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical Pretreatment Standards
under 40 CFR ______, I certify that, to the best of my knowledge and
belief that during the period from/to [months, days, year]:
(A)
The facility described as [facility name] met the definition of a Nonsignificant Categorical Industrial User as described in Section 10.12.030;
(B)
The facility complied with all applicable Pretreatment Standards
and requirements during this reporting period; and
(C)
The facility never discharged more than 100 gallons of total categorical
wastewater on any given day during this reporting period.
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This compliance certification is based on the following information:
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(3)
Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on Section 10.12.130(d) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user:
Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR _______ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _______ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 10.12.110(a)(3).
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
(a)
Sanitary sewage shall be discharged only into public sanitary sewers,
except as otherwise provided. The discharge of any trucked or hauled
waste or pollutant is prohibited, except at points designated by the
superintendent. It is unlawful to discharge sewage into any storm
sewer.
(b)
It is unlawful to discharge or cause to be discharged directly or
indirectly, any pollutant or wastewater into any storm sewer or into
any sewage facility which will interfere with the operation or performance
or pass through of the POTW. These general prohibitions apply to all
users whether or not the user is subject to categorical pretreatment
standards or any other national, state, or local pretreatment standards
or requirements. The discharge of the following is prohibited:
(1)
Any wastestreams with a closed-cup flashpoint of less than one hundred
forty degrees Fahrenheit or sixty degrees Celsius (using the test
methods specified in 40 CFR Section 262.21), liquids, solids or gases
which by reason of their nature or quantity are, or may be, sufficient
either alone or by interaction with other substances to cause fire
or explosion or be injurious in any other way to the POTW or to the
operation of the water quality control plant. At no time, shall two
successive readings on an explosion hazard meter, at the point of
discharge into the system (or at any point in the system) be more
than five percent nor any single reading over ten percent of the lower
explosive limit (LEL) of the meter. Prohibited materials include,
but are not limited to, gasoline, kerosene, naphtha, benzene, toluene,
xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides and sulfides;
(2)
Solid or viscous substances which may cause obstruction to the flow
in a sewer or other interference with the operation of the POTW or
pass through the POTW inadequately treated, such as, but not limited
to: grease, petroleum oil, nonbiodegradable cutting oil, or products
of mineral origin, garbage with particles greater than one-half inch
in any dimension, animal guts or tissues, paunch manure, bones, hair,
hides or fleshings, entrails, whole blood, feathers, ashes, cinders,
sand, spent lime, stone or marble dust, metal, glass, straw, shavings,
grass clippings, rags, spent grains, spent hops, waste paper, wood,
plastics, gas, tar, asphalt residues, residues from refining, or processing
of fuel or lubricating oil, mud, or glass grinding or polishing wastes;
(3)
Any wastewater having a pH less than 5.0 units or greater than 12.0
units or wastewater having any other corrosive property capable of
causing damage or hazard to structures, equipment, or personnel of
the POTW;
(4)
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure or
interfere with any wastewater treatment process, constitute a hazard
to humans or animals, create a toxic effect in the receiving waters
of the POTW, or to exceed the limitations set forth in a categorical
pretreatment standard. A toxic pollutant shall include, but not be
limited to, any pollutant identified pursuant to Section 307(a) of
the Act (33 U.S.C. 1317);
(5)
Any noxious or malodorous liquids, gases, or solids which either
singly or by interaction with other wastes are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for maintenance and repair;
(6)
Any substance which may cause the water quality control plant's effluent
or any other product, such as residues, sludges, or scums, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process.
In no case, shall a substance discharged to POTW cause the water quality
control plant to be in noncompliance with sludge use or disposal criteria,
guidelines, or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Act, the Clean Air Act, the Toxic Substances
Control Act, or state criteria applicable to the sludge management
method being used;
(7)
Any substance which will cause the water quality control plant to
violate its NPDES permit or state disposal system permit or the receiving
water quality standards;
(8)
Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions;
(9)
Any wastewater having a temperature which will inhibit biological
activity in the water quality control plant resulting in interference,
but in no case wastewater with a temperature at the introduction into
the water quality control plant which exceeds forty degrees Celsius
(one hundred four degrees Fahrenheit);
(10)
Any pollutants, including oxygen demanding pollutants (BOD, etc.)
released at a flow rate or pollutant concentration which a user knows
or has reason to know will cause interference to the POTW. In no case
shall a slug load have a flow rate or contain concentration or quantities
of pollutants that exceed for any time period longer than fifteen
minutes more than five times the average twenty-four hour concentration,
quantities or flow during normal operation.
The user shall be in compliance with the POTW's local limit
relative to flow rate or pollutant concentration. If the POTW has
not established a local limit, then the user must not have changed
its discharge from prior discharges when the POTW was in compliance
with its NPDES permit;
(11)
Wastes or wastewater containing any radioactive materials except
in compliance with applicable state and federal regulations;
(12)
Any pesticides containing algaecides, antibiotics, fungicides, herbicides,
insecticides or any similar pesticides in amounts deleterious to any
sewage treatment process or to the aquatic life of the waters receiving
the effluent;
(13)
Any wastewater or pollutant which results in the presence of toxic
gases, vapors or fumes within the POTW in a quantity that may cause
acute worker or public health or safety problems.
When the superintendent determines that a user is contributing
any of the above enumerated substances in such amounts as to interfere
with the operation of the POTW, the superintendent or the city shall
take enforcement action as necessary to get such user to correct the
interference. In the event of imminent harm to the public, the superintendent
or the city may take whatever action is necessary to correct the interference,
and the user shall be responsible for all costs incurred.
(c)
Fats, Oils and Grease.
(1)
It is unlawful for any person to dispose of any grease, or cause
any grease to be disposed, by discharge into any drainage piping,
by discharge into any public or private sanitary sewer, by discharge
into any storm drainage system, or by discharge to any land, street,
public way, river, stream or other waterway.
(2)
No person shall discharge, or cause to be discharged, any wastewater
from a food service establishment directly or indirectly into the
public sewer without first obtaining a wastewater discharge permit
pursuant to this chapter.
(3)
The owner of every newly constructed, remodeled, or converted commercial
or industrial facility with one or more grease generating activities,
including food service establishments with new or replacement kitchens,
shall install or cause to be installed a grease interceptor for each
grease generating activity, of a size equal to or greater than the
minimum size meeting the definition of "grease interceptor," as defined
in the currently adopted edition of the Uniform Plumbing Code. In
no case shall any grease interceptor flow less than twenty gallons
per minute (gpm). The installation of new garbage disposals in any
commercial or industrial facility is prohibited.
(4)
The owner of every commercial or industrial generator of grease,
including food service establishments, serviced by a sewer collection
line found to have a grease blockage, a history of grease blockage,
or accelerated line maintenance resulting from grease disposal, shall
install or cause to be installed a grease removal device upon notification
by the superintendent. If heavy solids accumulate causing a sewer
blockage or accelerated line maintenance, the commercial or industrial
generator shall remove any garbage disposal upon notification by the
superintendent.
(5)
All grease removal devices shall be installed on the premises where
grease is used or generated and shall be sized in conformance with
the then currently adopted edition of the Uniform Plumbing Code. The
contents of all grease removal devices shall be removed periodically
as necessary to prevent violations of this chapter. At a minimum,
the contents shall be removed every six months. All grease removal
devices shall be kept in good repair, and shall be maintained in continuous
operation. A log of all grease removal activities shall be maintained
at the facility showing the date of removal, the amount removed and
the disposition of the removed contents. The log shall be retained
for a period of three years, and shall be available for inspection
by POTW inspectors upon request.
(6)
Grease emulsifiers or enzymes are prohibited for use in grease interceptors
or traps.
(d)
Discharge of Groundwater.
(1)
The superintendent may approve the discharge of groundwaters to the
sanitary sewer only when such source is deemed unacceptable by state
and federal authorities for discharge to surface waters of the United
States, whether pretreated or untreated, and for which no reasonable
alternative method of disposal is available. No discharge of such
waters shall occur except as specifically authorized in a waste discharge
permit or other written authorization.
(2)
Groundwater containing petroleum products may be authorized for disposal to the sanitary sewer and shall comply with the requirements of Section 10.12.160.
(3)
Groundwater sources may include, but are not limited to: (A) construction
site dewatering where soil or groundwater contamination is present;
(B) groundwater contaminated with organic solvents generated as a
result of pump tests in preparation for a groundwater cleanup or water
generated during sampling events; (C) aqueous wastes generated by
either permanent or mobile hazardous waste treatment units used to
treat hazardous waste at the generator's site; and (D) aqueous wastes
generated as a result of site cleanup activities. A permit must be
obtained prior to commencement of discharge, and request for such
permits shall be submitted not less than thirty working days prior
to intended discharge.
(4)
The superintendent may limit groundwater discharges to an allocation
that will protect the hydraulic capacity of the POTW. Real properties
of the city shall have priority to said allocation. Allocations for
other permit holders may be reduced, but not eliminated, to equitably
accommodate the needs of the agencies to discharge treated groundwater
to the sanitary sewer. Should such a permit holder discontinue discharging
for more than ninety days, the permit holder shall be notified in
writing of the superintendent's intention to cancel the permit.
(5)
The superintendent may impose upon the user a hydraulic loading charge
for discharge of groundwater or other waters in cases where conventional
sewer service charges applied by the city do not account for said
flows or uses. User discharges which exceed ten thousand gallons per
batch discharge or users undertaking long term discharges of groundwater
to the sanitary sewer shall be metered and levied a charge based upon
the basic sewer service charge rate established by the city, as applicable.
(e)
Swimming Pools and Water Features.
(1)
The superintendent may approve discharge to the sanitary sewer from
swimming pools, spas, whirlpools, fountains and landscape water features
on a case-by-case basis. A person who desires to drain such facility
to the sanitary sewer system shall first obtain permission from the
superintendent prior to the discharge if the discharge volume is greater
than one thousand gallons or the flow rate is anticipated to exceed
twenty gallons per minute. Permission may be granted if the discharge
conforms to discharge standards and will not cause a hydraulic overload
condition in the sewer system.
(2)
If the user has no connection to the city's sewer system available,
these waters may be surface discharged provided the following conditions
are met: (A) the discharge of the water shall not contain residues
of algaecides, disinfectants or other toxic chemical constituents
that may violate any local, state or federal water quality law or
regulation; (B) the discharge of the water shall in no way create
a public nuisance; (C) the discharge of the water shall in no way
damage, destroy, erode, or impair surrounding property; and (D) the
user has obtained permission from the superintendent for the discharge.
(3)
In the event that permission to discharge to the sanitary sewer and
storm drain is denied, the waters must be disposed at a legal disposal
site. The person conducting the discharge shall be required to provide
proof of disposal upon the POTW's request.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
(a)
It is unlawful to discharge or cause to be discharged any wastewater
into the public sanitary sewers if the concentration of any of the
constituents of the wastewater exceeds the local limits established
by resolution or ordinance of the city council of the city of South
San Francisco. (Maximum permissible concentrations are normally expressed
in milligrams per liter.)
(b)
State requirements and limitations on discharges shall apply in any
case where they are more stringent than federal requirements and limitations
or those in this chapter.
(c)
The superintendent may impose quantitative limitations, e.g., pounds
per day limits, on discharges or any constituent of the wastewater
when the discharge or constituent may unreasonably overload, adversely
affect the facilities or have a harmful effect upon the receiving
waters. Mass emission rates or other similar techniques having a reasonable
relationship to evaluating or measuring waste discharges may be used.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
(a)
Industrial users must comply with applicable categorical pretreatment
standards, prohibited discharge standards, or local limits, whichever
are the most stringent.
(b)
The categorical pretreatment standards, found in 40 CFR Chapter I,
Subchapter N, Parts 405 through 471, are hereby incorporated into
this chapter. The superintendent shall notify all affected users of
the applicable reporting requirements under 40 CFR Section 403.12.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
Where the water quality control plant achieves consistent removal
of pollutants limited by federal pretreatment standards, the POTW
may apply for modification of specific limits in the federal pretreatment
standards. "Consistent removal" means reduction in the amount of a
pollutant or alteration of the nature of the pollutant by the water
quality control plant to a less toxic or harmless state in the effluent
which is achieved by the system in ninety-five percent of the samples
taken when measured according to the procedures set forth in 40 CFR,
Part 403, "General Pretreatment Regulations for Existing and New Sources
of Pollution." The POTW may then modify pollutant discharge limits
in the federal pretreatment standards if the requirements contained
in 40 CFR Section 403.7 are fulfilled and prior approval is obtained.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
Except where expressly authorized by an applicable pretreatment standard or requirement, it is unlawful to increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limits contained in the categorical pretreatment standards, or in any other pollutant specific limitation developed by the city, POTW or state. The superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Section 10.12.110(a)(3) shall indicate the mass of pollutants regulated by pretreatment standards in the discharge of the user.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
(a)
Each user shall provide protection from accidental discharge of prohibited
materials or other regulated substances. Facilities to prevent accidental
discharge of prohibited materials shall be provided and maintained
at the owner or user's own cost and expense. Detailed plans showing
facilities and operating procedures to provide this protection shall
be submitted to the POTW for review, and shall be approved by the
POTW before construction of the facility. No user shall be permitted
to discharge to the POTW until accidental discharge procedures have
been approved by the POTW. Review and approval of such plans and operating
procedures shall not relieve the industrial user from the responsibility
to modify the user's facility as necessary to meet the requirements
of this chapter. In the case of an accidental discharge, it is the
responsibility of the user to immediately telephone and notify the
POTW of the incident. The notification shall include the location
of discharge, type of waste, concentration and volume, and corrective
actions.
(b)
Within five days following an accidental discharge, the user shall
submit to the superintendent a detailed written report describing
the cause 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 may be incurred as a result of damage to the POTW, fish kills,
or any other damage to person or property: nor shall such notification
relieve the user of any fines, civil penalties, or other liability
which may be imposed under this code or other applicable laws.
(c)
A notice shall be permanently posted on the user's bulletin board
or other prominent place advising employees whom to call in the event
of a dangerous discharge. Employers shall insure that all employees
who may cause or suffer such a dangerous discharge to occur are advised
of the emergency notification procedure.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
A user shall notify the POTW of any upset or unanticipated bypass
within twenty-four hours of becoming aware of the upset or unanticipated
bypass. The user shall submit the following information to the POTW:
(a) a description of the discharge and the cause of the upset or unanticipated
bypass; (b) the period of noncompliance including exact dates and
times or, if not corrected, the anticipated time the upset/bypass
is expected to continue; and (c) the steps being taken and/or planned
to reduce, eliminate, and prevent recurrence of the upset or bypass.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
Batch discharges to the sanitary sewer of five thousand gallons
or more of any regulated constituents or pollutants not consistent
with a user's application must receive approval from the environmental
compliance office prior to the discharge. The user's request shall
indicate the quantity, constituents, and proposed time of the discharge.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
(a)
The superintendent may suspend the wastewater treatment service or
a wastewater discharge permit when such suspension is necessary, in
the opinion of the superintendent, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons or to the environment,
or threatens to cause interference to the POTW, or causes or threatens
to cause the POTW to violate any condition of its NPDES permit.
(b)
Any user notified of a suspension of the wastewater treatment service
or the wastewater discharge permit shall immediately stop or eliminate
the discharge. In the event of a failure of the user to comply voluntarily
with the suspension order, the city shall take such steps as deemed
necessary including a cease and desist order or immediate severance
of the sewer connection, to prevent or minimize damage to the POTW
or endangerment to the POTW or endangerment to any individuals. The
city shall reinstate the wastewater discharge permit or the wastewater
treatment service upon proof of the elimination of the noncomplying
discharge. A detailed written statement submitted by the user describing
the causes of the harmful discharge and the measures taken to prevent
any future occurrence shall be submitted to the city within fifteen
days of the date of occurrence.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
(a)
The city may adopt fees to provide for the recovery of costs from
users of the POTW. Such fees may include, but are not limited to,
connection charges, permits, monitoring, inspections and surveillance
procedures, accidental discharge matters, appeals, reimbursement of
costs incurred by city for removal of pollutants, and any other fees
the city deems necessary to carry out the requirements of this chapter.
The applicable fees shall be as set forth in the city's master fee
schedule.
(b)
A sewer connection fee shall be paid by the user or parcel owner
for connection to a public sanitary sewer at the time the building
permit is issued, or if no building permit is necessary, prior to
the time the connection is operational. When a change in use from
residential to commercial occurs, the difference in connection charges
shall be paid.
(c)
Initial applications and renewal applications for a wastewater discharge
permit shall be accompanied by a nonrefundable processing fee.
(d)
If the imposition of special controls on wastewater discharges become
necessary, a corporate surety bond or equivalent guarantee to insure
performance may be required of a user.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
(a)
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the city that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user.
(b)
When requested by the person furnishing a report, 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 upon written request to governmental agencies for uses related
to this chapter, NPDES permit, state disposal system permit or the
pretreatment programs. Such a report shall be available for use by
the city or state and governmental agency in judicial review or enforcement
proceedings involving the person furnishing the report. Wastewater
constituents and characteristics will not be recognized as confidential
information.
(c)
Information accepted by the city as confidential, shall not be transmitted
to any governmental agency, with the exception of the EPA, in compliance
with 40 CFR Section 403.8 (f)(1)(vii) and 40 CFR Section 403.14, or
to the general public by the city until and unless a ten day notification
is given to the user.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
The superintendent and deputy director have the authority to
enforce compliance with the provisions of this chapter, and to promulgate
regulations designed to assist in achieving compliance.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
Warning letters may be issued to an industrial user for any
of the following reasons:
(a)
When the result(s) of sampling demonstrates that a violation of local
or federal limits has occurred by an industrial user, and when the
value of the sampled data is less than a value deemed by technical
review criteria (TRC) to be "a significant violation," and the result
is not part of a recurring pattern of violations. The warning letter
shall direct the industrial user to resample and take appropriate
corrective action(s) to abate the violation of its discharge permit
by a specific time and shall require the industrial user to submit
a written response describing the corrective action taken to abate
the violation.
(b)
When conditions are observed during the course of an on-site inspection
or routine surveillance which may compromise an industrial user's
ability to comply with its wastewater discharge permit.
(c)
When a user fails to promptly submit self-monitoring reports or sample
test results as required in the industrial user's wastewater discharge
permit.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
Whenever the source control inspector finds that any user has
violated or is violating the provisions of this chapter, the inspector
may serve upon such user a written notice stating the nature of the
violation. Within forty-five days of the date of the notice, a plan
for the satisfactory correction thereof shall be submitted to the
city by the user.
(Ord. 1805 § 1, 2012)
(a)
Any user who causes or allows an unauthorized discharge to enter
the POTW may be ordered to show cause before the deputy director why
the proposed enforcement action should not be taken. Notice of the
hearing shall be served personally or by registered or certified mail
return receipt requested at least ten days before the hearing. Service
may be made on any agent or officer of a corporation.
(b)
After an informal hearing is held the superintendent shall render
a decision in writing.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
When the city finds that a discharge of wastewater is taking
place or threatening to take place in violation of prohibitions or
limits of this chapter, or regulations promulgated by the superintendent
in accordance with this chapter, or wastewater source control requirements
or the provisions of a wastewater discharge permit, the city may issue
an abatement order directing the user to:
(a)
Comply forthwith;
(b)
Comply in accordance with a reasonable time schedule set by the superintendent;
or
(c)
In the event of a threatened violation, take appropriate remedial
or preventive action.
|
In cases of imminent harm to the public, the superintendent
or city may enter private property if necessary to sever service.
|
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
Whenever any discharge or potential discharge causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public, the condition or use may be summarily abated by the city without notice or hearing. Summary abatement shall be ordered only by the public services director. Summary abatement shall be limited to those actions necessary to eliminate the immediate threat to the public health and safety. Notice of the summary abatement shall be served personally or by registered or certified mail, return receipt requested. Service may be made on an agent or officer of a corporation. The costs and expenses of a summary abatement may be made a lien on the property and may be collected pursuant to the procedure set forth in Section 10.12.360.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
A wastewater discharge permit may be revoked for good cause,
including, but not limited to, the following reasons:
(a)
Failure of a user to factually report the wastewater constituents
and characteristics of the discharge;
(b)
Failure of the user to report significant changes in operations,
or wastewater constituents and characteristics;
(c)
Refusal of reasonable access to the user's premises for the purpose
of inspection or monitoring; and
(d)
Violation of any permit conditions or the requirements of this chapter.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
(a)
An action to revoke or modify a permit may be initiated in writing
by the superintendent or deputy director. The initiating request shall
be filed with the public services director and shall set forth grounds
for revocation or modification.
(b)
Within thirty days after the initiating request is filed, the public
services director shall hold a hearing. Notice of the hearing shall
be served personally or by registered or certified mail return receipt
requested at least ten days before the hearing. Service may be made
upon any agent or officer of a corporation. At the time and place
designated in the notice, the public services director shall hear
and consider all relevant evidence. The hearing shall not be conducted
according to the formal rules of evidence. Any relevant evidence shall
be admitted if it is the type of evidence on which reasonable persons
are accustomed to rely on in the conduct of serious affairs. Hearsay
evidence may be used for the purpose of supplementing or explaining
direct evidence, but hearsay evidence shall not be sufficient by itself
to support a finding unless it would be admissible over objections
in civil actions in courts of competent jurisdiction in this state.
The discharger may represent itself or be represented by anyone of
its choice. The hearing may be continued from time to time.
(c)
Within ten days of the conclusion of the hearing, the public services
director shall render a written decision setting forth the factual
findings. The public services director may revoke or modify the terms
of the permit. The decision of the public services director is final.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
(a)
Review by Deputy Director. Any discharger affected by any decision,
action, or determination, including abatement orders, made by the
superintendent or deputy director in interpreting or implementing
the provisions of this chapter, or any permit issued hereunder, may
file with the deputy director a written request for review within
ten days of such decision, action, or determination, setting forth
in detail the facts supporting the request. The deputy director shall
complete the review and issue a written determination within ten days
after receipt of the request, unless the public services director
reasonably extends the time thereof.
(b)
Written Appeal to Public Services Director. The deputy director's
original decision, action or determination, and action taken after
review may be appealed by the discharger to the public services director
by filing a written appeal within ten days after notice of the decision.
The written appeal shall specify the factual and legal basis of the
appeal. Within thirty days after the written appeal is filed, the
public services director shall hold a hearing. Notice of the hearing
shall be served personally or by registered or certified mail return
receipt requested, at least ten days before the hearing. Service may
be made upon any agent or officer of a corporation.
(1)
At the time and place designated in the notice, the public services
director shall hear and consider all relevant evidence. The hearing
shall not be conducted according to the formal rules of evidence.
Any relevant evidence shall be admitted if it is the type of evidence
on which reasonable persons are accustomed to rely on in the conduct
of serious affairs. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence, but hearsay evidence
shall not be sufficient by itself to support a finding unless it would
be admissible over objections in civil actions in courts of competent
jurisdiction in this state. The discharger may represent itself or
be represented by anyone of its choice. The hearing may be continued
from time to time.
(2)
Within ten days after the conclusion of the hearing, the public services
director shall render a written decision and where applicable an order
of abatement. This decision shall set forth the factual findings made,
the conclusion reached, any abatement required, and the date by which
such abatement shall occur. The decision of the public services director
is final.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
Any person who intentionally or negligently damages, obstructs
or otherwise impairs a public sewer, water quality control plant or
appurtenance thereto shall be liable for such action and the city
may assess the costs of repair against such person, or seek reimbursement
through a court action.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
(a)
The superintendent shall keep an itemized statement of costs incurred
by the city in abating or otherwise responding to violations of this
chapter. Once a violation matter is concluded, the superintendent
shall provide a copy of this statement to the discharger and to the
public services director. The discharger may request a hearing before
the public services director to contest the statement of costs. The
request for a hearing shall be made within ten days of receipt of
the statement or the right to hearing shall be deemed waived. The
public services director shall review the statement of costs and any
information presented by the discharger, and may make any necessary
revisions, corrections or modifications. The decision of the public
services director is final.
(b)
The procedure for recording the statement of costs as a lien against
the property involved shall be as follows:
(1)
If payment of the assessed costs and expenses is not received by
the finance director within thirty days of the date appearing on the
decision of the public services director, the finance director shall
send to the city clerk two originals of a declaration that payment
was not received. Upon receipt of the declaration of the finance director,
the city clerk shall set a notice and hearing before the city council
for the purpose of adopting a resolution confirming the statement
of costs.
(2)
After holding a hearing the city council may adopt a resolution.
The city clerk shall forward to the office of the recorder of the
county of San Mateo one original certification by the finance director
that payment was not received and one certified true copy of the resolution
of the city council confirming the statement of costs with the statement
of costs attached as an exhibit.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
Any user who is found to have willfully or negligently failed to comply with any provision of this chapter, and the orders, rules, regulations and permits issued hereunder, may be charged with a misdemeanor for each offense and, upon conviction, shall be punished in accord with Chapter 1.28 of this code, unless otherwise specified. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method shall be subject to misdemeanor prosecution and upon conviction, shall be punished in accord with the provisions of Chapter 1.28 of this code.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
Any person who violates any provision of this chapter, any wastewater
discharge permit, or any order issued pursuant to this chapter or
who creates a condition of pollution is hereby deemed to have created
a public nuisance. Such person(s) shall be strictly liable for the
sum of ten thousand dollars for each day, or portion thereof, during
which the violation occurs.
In addition, a user may be liable for up to twenty-five thousand
dollars a day for each violation, as set forth in California Government
Code Section 54740. In lieu of the civil penalties, the city may impose
administrative penalties in the following amounts, as set forth in
California Government Code Section 54740.5: (a) up to two thousand
dollars for each day for failing or refusing to furnish technical
or monitoring reports; (b) up to three thousand dollars for each day
for failing or refusing to timely comply with any compliance schedule
established by the city; (c) up to five thousand dollars per violation
for each day for discharges in violation of any waste discharge limitation,
permit condition, or requirement issued, reissued, or adopted by the
city; (d) up to ten dollars per gallon for discharges in violation
of any suspension, cease and desist order or other orders, or prohibition
issued, reissued, or adopted by the city. Furthermore, the amount
of such civil administrative penalties that have remained delinquent
for a period of sixty days shall constitute a lien against the real
property of the discharger from which the discharge originated resulting
in the imposition of the civil penalty.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
Whenever a discharge of wastewater is in violation of the provisions
of this chapter or otherwise causes or threatens to cause a condition
of contamination, pollution or nuisance, an injunction may be sought
to restrain the continuance of such discharge. The city may petition
the Superior Court for the issuance of a temporary or permanent injunction,
or both, as the case may be, restraining the continuance of such discharge.
The city may also seek an injunction against nondischarge violation
of pretreatment standards or requirements, or any other violation
of this chapter.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
In addition to the penalties provided herein, the city may recover
reasonable attorneys' fees, court costs, court reporters' fees and
other expenses of litigation against the person found to have violated
this chapter or the orders, rules, regulations, and permits issued
hereunder.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
The remedies identified in this chapter are in addition to and
do not supersede or limit any other civil or criminal remedies.
(Ord. 1805 § 1, 2012; Ord. 1902 § 3, 2021)
