Chapter 13.26 SEWER USE AND INDUSTRIAL WASTEWATER REGULATIONS

§ 13.26.010 General provisions.

Purpose and Policy. This chapter sets forth uniform requirements for users of the publicly owned treatment works for the city of Lathrop and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.). The objectives of this chapter are:

To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;

To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;

To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;

To enable the city to comply with its national pollutant discharge elimination system permit conditions, sludge use and disposal requirements, and any other federal, state, or county laws to which the publicly owned treatment works is subject.

Condition or Denial of Waste Discharge. This chapter establishes the right of the city to condition or deny any waste discharge into the city sewer system. The chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established in this chapter.

Administration. Except as otherwise provided herein, the director of public works shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the director of public works may be delegated by the director of public works.

Abbreviations.

BOD	Biochemical Oxygen Demand
CFR	Code of Federal Regulations
COD	Chemical Oxygen Demand
EPA	U.S. Environmental Protection Agency
gpd	gallons per day
mg/L	milligrams per liter
µg/L	micrograms per liter
NPDES	National Pollutant Discharge Elimination System
POTW	Publicly Owned Treatment Works
RCRA	Resource Conservation and Recovery Act
SIC	Standard Industrial Classification
TDS	Total Dissolved Solids
TSS	Total Suspended Solids
U.S.C.	United States Code
WWTP	Wastewater Treatment Plant

Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

"Act" or "the Act"

means the Federal Waste Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.

"Additional inclusions"

means violations of compliance schedule milestones, by 90 days or more after the schedule date; failure to provide reports within 30 days from the due date; failure to accurately report noncompliance and any other violation or group of violations that the city considers to be significant.

"Agent"

means any person designated, or retained by the city, to conduct monitoring of businesses regulated under this chapter.

"Approval authority"

means the state of California Regional Water Quality Control Board—Central Valley Region (RWQCB-CVR).

Authorized representative of the user.

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 operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000.00) (in second-quarter 1980 dollars), if 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 their designee.

The individuals described in subsections A through C of this section, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

"Biochemical oxygen demand (BOD)"

means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration measured in milligrams per liter (mg/l).

"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) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

"City"

means the city of Lathrop, California; the city council of Lathrop; or other duly authorized official of the city of Lathrop. The city official is responsible for implementation of this chapter.

"Director of public works"

means the city engineer, or the city official, or his or her duly authorized agent, responsible for the implementation of this chapter, including, but not limited to, the duly appointed manager of the city sewer system.

"Discharger"

means any person discharging industrial waste to the city sanitary sewer system. This term specifically includes any categorical user connected to the city sanitary sewer, whether or not they discharge process wastewater. It also includes any facilities with a reasonable potential for discharging significant quantities of industrial waste, whether or not they are currently discharging process wastewater.

"Environmental Protection Agency" or "EPA"

means the U.S. Environmental Protection Agency, or where appropriate, the regional water management division director, or other duly authorized official of such agency.

"Existing source"

means any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

"Fat, oil and grease (FOG)"

is defined by the method of analysis. As applicable to this chapter, "fat, oil and grease (FOG)" means the total n-hexane extractable material (HEM) as measured in EPA Method 1664. Petroleum based FOG, or O and G, is the portion of the material measured in the EPA Method 1664 as the silica-gel treated n-hexane extractable material (SGT-HEM). "Animal/vegetable-based FOG" means the mathematical difference between the total n-hexane extractable material and the silica-gel treated n-hexane extractable M materials measured in EPA Method 1664.

"Grab sample"

means a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.

"Indirect discharge" or "discharge"

means the introduction of pollutants into the POTW from any non-domestic source regulated under Sections 307(b), (c), or (d) of the Act.

"Interference"

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 therefor, is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); standards for the use and disposal of sewage sludge (40 CFR 503); the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

"Medical waste"

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.

"Municipal Code"

means the Lathrop Municipal Code of chapters.

"New source"

means:

Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

The building, structure, facility, or installation is constructed at a site at which no other source is located;

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 of wastewater generating processes of the building, structure, facility, or installation is substantially independent of any existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of above subsections but otherwise alters, replaces, or adds to existing process or production equipment.

Construction of a new source as defined under this subsection has commenced if the owner or operator has:

Begun, or caused to begin, as part of a continuous on-site construction program.

Any placement, assembly, or installation of facilities or equipment; or

ii.

Significant site preparation work, including clearing, excavation, or removal or existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment.

Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used to 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.

"Noncontact cooling water"

means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

"Pass through"

means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation.

"Person"

means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state and local governmental entities.

"pH"

means a measure of the acidity or alkalinity of a solution, expressed in standard units.

"Pollutant"

means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, TDS, turbidity, color, BOD, COD, toxicity, or odor).

"Pretreatment"

means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

"Pretreatment requirements"

means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

"Pretreatment standards" or "standards"

means prohibited discharge standards, categorical pretreatment standards, and local limits.

"Process wastewater"

means any water, which during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.

"Prohibited discharge standards" or "prohibited discharges"

means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Sections 13.26.020(A) and (B) of this chapter.

"Publicly owned treatment works (POTW)"

means a treatment works, as defined by Section 212 of the Act (33 U.S.C. Section 1292) which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

"Septic tank waste"

means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.

"Service area"

means the geographical area served by a specific wastewater treatment plant.

"Sewage"

means human excrement and gray water (household showers, dishwashing operations, etc.)

"Shall"

is mandatory and "may" is permissive.

"Significant industrial user"

means:

A user subject to categorical pretreatment standards; or

A user that:

Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater),

Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or

Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement;

Upon a finding that a user meeting the criteria in above subsection of this section, has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

"Slug load" or "slug"

means any discharge of a nonroutine, episodic nature, including, but not limited to, a bypass of the pretreatment system, or a noncustomary batch discharge released at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 13.26.020 of this chapter.

"Standard Industrial Classification (SIC) Code"

means a classification pursuant to the standard industrial classification manual issued by the United States Office of Management and Budget.

"Storm water"

means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

"Total suspended solids"

means the total suspended matter that floats on the surface of, is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

"User" or "industrial user"

means a source of indirect discharge.

"Wastewater"

means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

"Wastewater treatment plant" or "treatment plant"

means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

(Ord. 05-254 § 2; Ord. 25-476, 12/8/2025)

§ 13.26.020 General sewer use requirements.

Prohibited Discharge Standards.

General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140ºF (60ºC) using the test methods specified in 40 CFR 261.21;

Wastewater having a pH less than six, or greater than twelve and one-half (12.5), or otherwise causing corrosive structural damage to the POTW or equipment;

Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference;

Pollutants, including oxygen-demanding pollutants (BOD etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

Wastewater having a temperature greater than 120ºF (49ºC), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 ºF (40 ºC);

Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

Trucked or hauled pollutants, except at discharge points designed by the city;

Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently impart color to the treatment plant's effluent, thereby violating the city's NPDES permit;

Wastewater containing any radioactive wastes or isotopes except in compliance with applicable federal regulations and the "California Radiation Control Regulations," CCR Title 23, Sections 30100 et seq.;

Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the city;

Sludges, screening, or other residues from the pretreatment of industrial wastes;

Medical wastes, except as specifically authorized by the city in a wastewater discharge permit;

Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;

Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;

Fats, oils, or greases of animal or vegetable origin in concentrations greater 200 mg/l;

Hazardous waste, as defined by Title 22 of the California Code of Regulations, without prior written approval of the city. Any discharge in excess of one-half percent of the average daily dry weather flow of the treatment plant providing treatment services without prior written approval of the city;

Any solid material not capable of passing through a three-eighths inch mesh screen.

Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

National Categorical Pretreatment Standards. The national categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are incorporated. Categorical pretreatment standards apply at the end-of-process, defined as the point at which the process wastewaters enters the general wastewater from the facility and prior to co-mingling with any diluting wastestream.

Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the city may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the city shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).

A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

Reserved.

Local Limits. The following pollutant limits are established to protect against pass through and interference. All concentrations for metallic substances are for "total" metals unless indicated otherwise. The city may impose mass limitations in addition to, or in place of, the concentration-based limitations of subsection (D)(1) of this section. Where a user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit shall apply.

Concentration Based Local Limits. No user shall discharge wastewater containing in excess of the following daily maximum allowable discharge limits:

Pollutant (Total Metals)	Symbol	Maximum Daily Concentrations Limit (mg/l)
Beryllium	Be	6.0
Boron	B	12
Chloride	Cl-	100
Sodium	Na	100
Arsenic	As	0.1
Barium	Ba	12
Cadmium	Cd	0.12
Chromium	Cr	0.6
Copper	Cui	2.4
Lead	Pb	0.6
Manganese	Mn	0.6
Mercury	Hg	0.005
Molybdenum	Mo	0.06
Nickel	Ni	1.0
Selenium	Se	0.12
Silver	Ag	0.6
Tin	Sn	24
Vanadium	V	1.2
Zinc	Zn	1.0
Cyanide	CN	0.2

Mass Based Local Limits. The following discharges of pollutants released in concentrations greater than the following maximum daily limits are not permitted, unless approved in writing by the city. The city may establish mass based limits for these pollutants if the user demonstrates the potential to cause pass through or interference. The mass allocation shall be made from the available, unused treatment capacity of the city's wastewater treatment plant providing treatment services for the specific industrial user. The city may develop equivalent concentration limits based on the mass allocation.

Pollutant	Allowable Daily Maximum without Mass Limit mg/l
Biochemical oxygen demand	400
Total suspended solids	400
Total dissolved solids	700
Ammonia (as Nitrogen)	25
Nitrogen, Total	40
Nitrite (as N)	25
Nitrate (as N)	250

Limits Applied at "End-of-Pipe." The limits established in this section apply at the point where the wastewater is discharged to the POTW (end-of-pipe).

Best Management Practices.

Small volume dischargers of noncategorical wastestreams may utilize "best management practices" to comply with the limitations of subsections (D)(1) and (D)(2) of this section. "Best management practices" (BMP) consists of a written program designed to reduce the concentration of a specific pollutant or group of pollutants. BMPs should cover source reduction and/or substitution, reuse, pretreatment, monitoring, documentation, and inspections. All best management practices programs must be approved in writing by the city.

ii.

The city may require any user to develop and implement a "Best management practices" program to facilitate compliance to this chapter and/or a wastewater discharge permit. "Best management practices" may be a formal pollution prevention program.

Right of Revision. The city of Lathrop reserves the right to establish, by chapter or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. The city reserves the right to establish, by chapter or in wastewater discharge permits, discharge limitations or prohibitions for pollutants not specifically listed in this chapter.

Dilution. No user shall ever 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 a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The city may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate.

(Ord. 05-254 § 2)

§ 13.26.030 Pretreatment of wastewater.

Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all wastewater discharge permit limitations and requirements, the general and specific prohibitions set out in Section 13.26.020(A) of this chapter, the national categorical pretreatment standards adopted in Section 13.26.020(B) of this chapter, and the local limits set out in Section 13.26.020(D) of this chapter. Compliance shall be achieved within the time limitations specified by the EPA, the state, or the city, whichever is more stringent. Any wastewater treatment equipment or facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this chapter.

Additional Pretreatment Measures.

Whenever deemed necessary, the city may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.

The city may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

Grease, oil and sand interceptors shall be provided when, in the opinion of the city, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the city and shall be located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.

Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

Accidental Discharge/Slug Control Plans. At least once every two years, the city shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The city may require any user to develop, submit for approval, and implement such a plan. Alternatively, the city may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

Description of discharge practices, including nonroutine batch discharges;

Description of stored chemicals;

Procedures for immediately notifying the city of an accidental or slug discharge, as required by Section 13.26.020(G) of this chapter; and

Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading 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.

(Ord. 05-254 § 2)

§ 13.26.040 User survey.

When requested by the city, a user must submit information on the general business conducted, and the sources, nature and characteristics of its wastewater within 90 days of the request. The city is authorized to prepare a form for this purpose and may periodically require users to update this information.

(Ord. 05-254 § 2)

§ 13.26.050 Wastewater discharge permits.

Wastewater Discharge Permit Requirement.

No significant industrial user (SIU) shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the city, except that an existing significant industrial user that has filed a timely application pursuant to subsection D of this section may continue to discharge for the time period specified therein.

The city may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.

Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permit holder to the sanctions set out in Sections 13.26.100 through 13.26.130 of this chapter. Obtaining a wastewater discharge permit does not relieve a permit holder of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.

No vested rights, of any type whatsoever, of discharge to, or sewerage capacity in, the sanitary sewer system is created by the issuance of a wastewater discharge permit.

Wastewater Discharge Permitting—Existing Users. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of the ordinance codified in this chapter and who wishes to continue such discharges in the future, shall within 30 days after such date, apply to the city for a wastewater discharge permit in accordance with subsection D of this section, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of the ordinance codified in this chapter except in accordance with a wastewater discharge permit issued by the city.

Wastewater Discharge Permitting—New Sources. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit in accordance with subsection D of this section must be filed at least 60 days prior to the date upon which any discharge will begin or recommence.

Wastewater Discharge Permit Application Contents. All users required to obtain a wastewater discharge permit must submit a permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. The city may require all users to submit as part of an application the following information:

The name of the owner(s) of the business, mailing address, physical address of the permitted facility, authorized representative name, title, and contact information, business name that will be used, and consultant identification and contact information;

Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

Number of employees, days of operation and proposed or actual hours of operations;

Each product produced by type, amount, process or processes, and the rate of production;

Type and amount of raw materials processed (average and maximum per day);

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

Time and duration of discharges;

Daily volume of wastewater to be discharged, the wastewater characteristics of the untreated and treated discharge, type and capacity of pretreatment processes to be used;

Identification of each production process for which national categorical pretreatment standard is applicable;

10.

Type of monitoring equipment to be used (flow meter, sampler, etc.); and

11.

Any other information as may be deemed necessary by the city to evaluate the wastewater discharge permit application.

Application Signatories and Certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user with the certification statement as specified in Section 13.26.060(A) of this chapter.

Wastewater Discharge Permit Decisions. The city will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete wastewater discharge permit application, the city will determine whether or not to issue a wastewater discharge permit. The city may deny any application for a wastewater discharge permit.

Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the city. Each wastewater discharge permit will indicate a specific date upon which it will expire. Wastewater discharge permits shall be void upon cessation of operations.

Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the city to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

Wastewater Discharge Permits must contain:

A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;

A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with subsection K of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

Effluent limits based on applicable pretreatment standards;

Self-monitoring, sampling, reporting, notification, record-keeping and reporting requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state and local law; and

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.

Wastewater discharge permits may contain, but need not be limited to, the following conditions:

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

Requirements for the installation of pretreatment technology, pollutant control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

Requirements for the development and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

Requirements for installation and maintenance of inspection and sampling facilities and equipment;

A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and

Other conditions as deemed appropriate by the city to ensure compliance with this chapter, and state and federal laws, rules and regulations.

Wastewater Discharge Permit Appeals. Any person may petition the director of public works to reconsider the terms or a wastewater discharge permit within 30 days of notice of its issuance. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal. If the director of public works fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider, not to issue, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the appropriate court for Merced County within the statute of limitations.

Wastewater Discharge Permit Modification. The city may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

Information indicating that the permitted discharge poses a threat to the city's POTW, personnel, or the receiving waters;

Violation of any terms or conditions of the wastewater discharge permit;

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

To correct typographical or other errors in the wastewater discharge permit; or

To reflect a transfer of the facility ownership or operation to a new owner or operator.

Wastewater Discharge Permit Transfer. Wastewater discharge permits are site specific. Wastewater permits shall not be transferable from one geographic location to another. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 60 days advance notice to the city and the city approves the wastewater discharge permit transfer. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of the transfer of ownership. The notice to the city must include a written certification by the new owner or operator which:

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

Identifies the specific date on which the transfer is to occur; and

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Wastewater Discharge Permit Revocation. The city may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

Failure to notify the city of significant changes to the wastewater prior to the changed discharge;

Failure to provide prior notification to the city of changed conditions pursuant to Section 13.26.060(F) of this chapter;

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

Falsifying self-monitoring reports;

Tampering with monitoring equipment;

Refusing to allow the city timely access to the facility premises and records;

Failure to meet effluent limitations, violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter;

Failure to pay fines;

Failure to pay sewer charges;

10.

Failure to meet compliance schedules;

11.

Failure to complete a wastewater survey or the wastewater discharge permit application; or

12.

Failure to provide advance notice of the transfer of business ownership of a permitted facility.

Wastewater Discharge Permit Reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with subsection D of this section, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit. A user, whose existing wastewater discharge permit has expired and has submitted its re-application in the time period specified in this section, shall be deemed to have an effective wastewater discharge permit until the city issues or denies the new wastewater discharge permit. A user, whose existing wastewater discharge permit has expired and who failed to submit its re-application in the time period specified in this section, will be deemed to be discharging without a wastewater discharge permit.

(Ord. 05-254 § 2)

§ 13.26.060 Reporting requirements.

Signatories and Certification. All wastewater discharge permit user reports must be signed by an authorized representative of the user as defined in Section 13.26.010(E) of this chapter, and contain the following certification statement:

"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."

Categorical Baseline Monitoring Reports.

Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the city a report which contains the information listed in subsection (B)(2) of this section. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the city a report which contains the information listed in subsection (B)(2) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

Users described in this section shall submit the following information:

Identifying Information. The name and address of the facility, including the name of the operator and owner.

Environmental Permits. A list of any environmental control permits held by or for the facility.

Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated process.

Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

Measurement of Pollutants:

The categorical pretreatment standards applicable to each regulated process.

ii.

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the city, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations.

iii.

Sampling and analysis must be performed in accordance with procedures as set out in Sections 13.26.070(C) and (D) of this chapter.

Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

Compliance Schedule. If additional pretreatment and/or O and M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in subsection C of this section.

Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with subsection A of this section.

Compliance Schedule Progress Reports.

The following conditions shall apply to the categorical users meeting the compliance schedule required by subsection (B)(2)(g) of this section. It may also be used for noncategorical users required to meet a compliance schedule as directed by the city:

The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operations);

No increment referred to above shall exceed nine months;

The user shall submit a progress report to the city not later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule; and

In no event shall more than nine months elapse between such progress reports to the city.

Reports on Compliance with Categorical Pretreatment Standard Deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in subsections (B)(2)(d) through (B)(2)(f) of this section. For user's subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with subsection A of this section.

Periodic Compliance Reports.

All users with categorical pretreatment standards shall, at a frequency determined by the city, but in no case less than twice per year, in June and December, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. If the categorical user is reporting at the minimum frequency, the city may, for good cause, change the months in which the periodic compliance report is due.

All noncategorical significant industrial users shall, at a frequency be determined by the city, but in no case less than twice per year, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by their wastewater discharge permit or this chapter, and the measured or estimated average and maximum daily flows for the reporting period.

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 nonrepresentative of its discharge.

If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the city, using the procedures prescribed in Section 13.26.070(C) of this chapter, the results of this monitoring shall be included in the report.

All periodic compliance reports must be signed and certified in accordance with subsection A of this section.

Reports of Changed Conditions. Each user must notify the city of any planned significant changes to the user's operations or pretreatment systems which might alter the nature, quality, or volume of its wastewater at least 90 days before the change. For purposes of this requirement, significant changes include, but are not limited to, flow increase of 20% or greater, the discharge of any previously unreported pollutants, the increase of regulated pollutant concentrations, or the introduction of a new product using different raw materials.

Reports of Potential Problems.

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the city of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

Within five days following such discharge, the user shall, unless waived by the city, 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.

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 discharge described in subsection (G)(1) of this section. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

Report from Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the city as the city may require.

Noncompliance Reporting. If sampling performed by a user indicates a violation of the permit or the chapter, the user must notify the city within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within 30 days after becoming aware of the violation. The user is not required to resample if the city monitors at the user's facility at least once a month, or if the city samples between the user's initial sampling and when the user receives the results of this sampling.

Notification of the Discharge of Hazardous Waste.

Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA regional waste management division director, and the state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR, Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place not later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subsection F of this section. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of subsections C through E of this section.

Dischargers are exempt from the requirements of subsection (J)(1) of this section, during a calendar month in which they discharge not more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the city, the EPA regional waste management waste division director, and the state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

In the case of any notification made under this section, the 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.

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.

Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

Record Keeping. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. 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 of the city, or where the user has been specifically notified of a longer retention period by the city.

(Ord. 05-254 § 2)

§ 13.26.070 Compliance monitoring.

Right of Entry—Inspection and Sampling. The city shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city will be permitted to enter without delay for the purposes of performing specific responsibilities.

The city shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

The city may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the city and shall not be replaced. The costs of clearing such access shall be borne by the user.

Search Warrants. If the city has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the city may seek issuance of a search warrant or inspection warrant from an appropriate court having jurisdiction.

Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.

Sample Collection.

Except as indicated in subsection (D)(2) of this section, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the city may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

Samples of oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(Ord. 05-254 § 2)

§ 13.26.080 Confidential information.

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the city's inspection and sampling activities, shall be available to the public 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 under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

(Ord. 05-254 § 2)

§ 13.26.090 Publication of users in significant noncompliance.

Publication. The city shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant non-compliance shall mean:

Chronic violations of wastewater discharge limits, defined in this section as those in which 66% or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or the average limit for the same pollutant parameter by any amount;

Technical review criteria (TRC) violations, defined in this section as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

Any other discharge violation that the city believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the city's exercise of its emergency authority to halt or prevent such a discharge;

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

Failure to accurately report noncompliance; or

Any other violation(s) which the city determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. 05-254 § 2)

§ 13.26.100 Enforcement response plan.

The city shall develop and implement an enforcement response plan that will provide guidance to city staff for the enforcement of this chapter. This plan shall provide for the uniform and consistent enforcement of this chapter for all users of the system.

(Ord. 05-254 § 2)

§ 13.26.110 Administrative enforcement remedies.

Notification of Violation. When the city finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may serve upon that user a written notice of violation. The city may require the user to provide a written explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions. The city may require the user to increase monitoring for the regulated parameter, or special monitoring and investigation to determine the cause of continued non-compliance. Performance of requirements ordered under a notice of violation in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

Consent Orders. The city may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to subsections D and E of this section and shall be judicially enforceable.

Show Cause Hearing. The city may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the city and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 15 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

Compliance Orders. When the city finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance order also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Cease and Desist Orders. When the city finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the city may issue an order to the user directing it to cease and desist all such violations and directing the user to: (a) immediately comply with all requirements; and/or (b) take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Administrative Fines.

When the city finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may fine such user in an amount not to exceed $1,000. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.

Unpaid charges, fines, and penalties shall, after 60 calendar days, be assessed an additional penalty of 25% of the unpaid balance, and interest shall accrue thereafter at a rate of one percent per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.

Users desiring to dispute such fines must file a written request for the city to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the city may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

Emergency Suspensions. The city may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The city may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the city may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The city may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings in subsection H of this section are initiated against the user.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the city prior to the date of any show cause or termination hearing under subsection E or H of this section.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

Termination of Discharge. In addition to the provisions in Section 13.26.050(L) of this chapter, any user who violates the following conditions is subject to discharge termination:

Violation of wastewater discharge permit conditions;

Failure to accurately report the wastewater constituents and characteristics of its discharge;

Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling; or

Violation of the pretreatment standards in Section 13.26.020 of this chapter.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection C of this section why the proposed action should not be taken. Exercise of this option by the city shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. 05-254 § 2)

§ 13.26.120 Judicial enforcement remedies.

Injunctive Relief. When the city finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city may petition the superior court through the city's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

Civil Penalties.

A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $1,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

The city may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

Criminal Prosecution.

A user who wilfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than six months, or both.

A user who wilfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000 and be subject to imprisonment for not more than six months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than six months, or both.

In the event of a second conviction, a user shall be punished by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than six months, or both.

Remedies Nonexclusive. The remedies provided for in this chapter are not exclusive. The city may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the city may take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user.

(Ord. 05-254 § 2)

§ 13.26.130 Supplemental enforcement action.

Performance Bonds. The city may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the city to be necessary to achieve consistent compliance.

Liability Insurance. The city may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

Water Supply Severance. Whenever a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

(Ord. 05-254 § 2)

§ 13.26.140 Affirmative defenses to discharge violations.

Upset.

For the purposes of this section, "upset" means an exceptional incident in which there is uninten-tional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (A)(3(c)(iii) of this section, are met.

A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

An upset occurred and the user can identify the cause(s) of the upset;

The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and

The user has submitted the following information to the city within 24 hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five days:

A description of the indirect discharge and cause of noncompliance,

ii.

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue, and

iii.

Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 13.26.020(A) of this chapter, or the specific prohibition in Sections 13.26.020(A)(2)(c) through (A)(2)(q) of this chapter, if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

Bypass.

For the purposes of this section:

"Bypass"

means the intentional diversion of wastestreams from any portion of a user's treatment facility.

"Severe property damage"

means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (B)(4) and (B)(5) of this section.

Bypass is prohibited, and the city may take an enforcement action against a user for a bypass, unless:

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

The user submitted notices as required under subsection (B)(5) of this section.

The city may approve an anticipated bypass, after considering its adverse effects, if the city determines that it will meet the three conditions listed in subsection (B)(3) of this section.

Notification.

If a user knows in advance of the need for a bypass, it shall submit prior notice to the city, at least 10 days before the date of the bypass, if possible.

A user shall submit oral notice to the city of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The city may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

(Ord. 05-254 § 2)

§ 13.26.150 Pretreatment charges and fees.

The city may adopt reasonable fees for reimbursement of costs of setting up and operating the city's pretreatment program which may include, but not limited to:

Fees for wastewater discharge permit applications, including the cost of processing such applications;

Fees for monitoring, inspection, and surveillance procedures, including the cost of collection and analysis of a user's discharge, and reviewing monitoring reports submitted by users;

Fees for reviewing and responding to accidental or slug discharges procedures; and pretreatment system designs;

Fees for filing appeals; and

Other fees as the city may deem necessary to carry out the requirements contained in this section. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the city.

(Ord. 05-254 § 2)

§ 13.26.160 Fat, oil and grease control.

Findings. The city of Lathrop finds that, in order to provide for the public health and welfare, and to comply with the laws and regulations of the state of California and the United States Government, it is necessary to set uniform requirements for all users of the city's sanitary sewer system to include, but not limited to, the following:

To establish the appropriate authority for the city to condition or deny discharges to the city sewer system;

To prevent the introduction of excessive amounts of grease into the city sewer system;

To prevent the clogging or blocking of the city sewer lines due to grease buildup causing backup and flooding of streets, residences, and commercial buildings;

To implement a procedure to recover the costs incurred in cleaning and maintenance of sewer lines and the disposal of grease blockages;

To implement a procedure to recover costs for any liability incurred by the city for damage caused by grease blockages resulting in the flooding of streets, residences or commercial buildings;

To establish enforcement procedures for violations of any part or requirement of this chapter; and

To establish the authority for the city to carry out routine and nonroutine monitoring (sampling and inspections) of the grease traps and the food service facility.

Applicability. The terms and conditions of this chapter shall apply to all food service providers to include restaurants, cafeterias, food preparation facilities, convenience stores preparing fast foods for sale; grocery stores providing cooked foods for sale; and other food preparation facilities.

Definitions.

"City"

means the city of Lathrop, California, employees of the city, or an authorized agent of the city.

"Discharger"

means the food service facility that is discharging gray water to the city sewer system.

"Food service facility" or "facility"

means any business which prepares and/or packages food or beverages for sale or consumption, on-or off-site, with the exception of private residences. Food service facilities shall include, but are not limited to, food courts, food manufacturers with an average daily discharge volume of 25,000 gallons per day or less, food packagers, restaurants, grocery stores, bakeries, lounges, hospitals, hotels, nursing homes, churches, schools, and all other food service facilities not listed in this chapter.

"Garbage disposal"

means a device which shreds or grinds up waste materials into smaller portions for discharge into the city's sanitary sewer system.

"Gray water"

means all of the liquid contained in a grease interceptor that lies below the floating grease layer and above the food solids layer.

"Grease"

means a material either liquid or solid, composed primarily of fat, oil and grease from animal or vegetable sources. The terms "fats, oils, and grease (FOG)," "oil and grease" or "oil and grease substances" shall all be included within this definition.

"Grease interceptor"

means a device located underground and outside of the food service facility designed to collect, contain or remove food wastes and grease from the wastestream while allowing the balance of the liquid wastes (gray water) to discharge to the wastewater collection system by gravity. Interceptors shall have at least one inspection hatch on the top surface to facilitate inspection, cleaning and maintenance.

"Grease trap"

means a device located in a food service facility or under a sink designed to collect, contain, or remove food wastes and grease from the wastestream while allowing the balance of the liquid waste (gray water) to discharge to the wastewater collection system by gravity. Traps shall have a removable lid on the top surface to facilitate inspection, cleaning and maintenance.

"Grease trap service company"

means a person, or company, who provides maintenance services for grease traps and interceptors. Maintenance services to include cleaning, minor repairs, grease and solids removal from the interceptor, and transport of the removed material to an appropriate recycling or disposal facility.

"Waste grease"

means fats, oils, and grease that can be collected following use and prior to discharge to the sewer or interceptor. Waste grease is collected from pans, deep fat fryers and cooking grills.

Grease Interceptor/Trap Required.

Grease interceptors and/or traps shall be provided by the facility owner, when, in the opinion of the city, they are necessary to prevent grease in excessive amounts from entering the sanitary sewer system. All interceptors shall be of a type and capacity approved by the city building division and shall be located as to be easily and safely accessible for cleaning and inspection. All prospective grease trap users must provide manufacturer's capacity data and an estimate of the product rate at the facility that is within the capacity of the grease trap to be approved by the building permit department.

Existing Facilities. For the purposes of sizing and installation of grease interceptors/traps, all food service facilities existing within the city's sewer system service area, whether within, or without, the city limits, prior to the effective date of the ordinance codified in this chapter shall be allowed to operate and maintain existing grease interceptors/traps provided their grease interceptors or grease traps are in efficient operating conditions.

On or after the effective date of the ordinance codified in this chapter, the city may require an existing food service facility to install, operate, and maintain a new grease interceptor or trap that complies with the requirements of this chapter or to modify, repair, or replace any noncompliant interceptor or trap within 90 days of written notification by the city when any one or more of the following conditions exist:

The facility is found to be contributing grease and oil in quantities sufficient to cause line stoppages or necessitates increased maintenance on the wastewater collection system.

The facility does not have a grease interceptor or trap.

The facility has an undersized, nonrepairable or defective grease interceptor or trap.

Remodeling of the food preparation or kitchen waste plumbing system is performed which requires a building permit to be issued by the city.

The existing facility is sold or undergoes a change of ownership.

The existing facility does not have plumbing connections to a grease interceptor or trap in compliance with the requirements of this chapter, or current building codes.

New Facilities or New Interceptor Installations. Grease interceptors or traps shall be located in the food service facility's lateral sewer line between all fixtures which may introduce grease into the sewer system and the connection to the city's wastewater collections system. If dishwashers are connected to the grease interceptor, the interceptor must be properly designed to contain and cool the dishwasher discharge to prevent the hot water from causing carry through of the grease. Garbage disposals and restrooms should not be plumbed to the grease interceptor. Automatic hood washers, floor drains in food preparation and storage areas should be plumbed to the grease interceptor. Sanitary facilities (restrooms) shall not be plumbed to the grease interceptor under any circumstance.

The use of a grease trap, in-place of a grease interceptor will only be authorized for those facilities that do not operate a deep fat fryer, a cooking grill and conducts minimal dishwashing.

Maintenance of Grease Interceptor/Trap Required.

All grease interceptors and grease traps shall be continuously maintained in satisfactory and effective operational condition by the discharger at the discharger's expense. Typically maintenance consists of the removal of floatable solids and settleable solids collected in the grease interceptor/trap; and the cleaning of the walls and piping.

Routine Maintenance Schedules. The discharger is responsible for establishing a routine maintenance schedule that includes the routine removal of floatable and settleable solids and cleaning of the interceptors/traps. The maintenance frequency should be such that the interceptor/trap does not allow fats, grease, oils, and food solids from leaving the interceptor and entering the city sewer collection system. The amount of time between pumping and cleaning services is dependent on the volume of wastes discharged, the volume of the interceptor/trap, and the physical integrity of the interceptor/trap structures and piping. It is the discharger's responsibility that the interceptors/traps are routinely inspected and repaired as needed.

Record Keeping Requirements.

The discharger is responsible for maintaining appropriate maintenance records that documents the routine pumping, cleaning, and repairs made to interceptors and traps. Where the discharger hires a grease trap service company to clean the interceptor/trap and remove and dispose of the accumulated grease and solids, a copy of the pumping manifest or billing must be retained with the maintenance records. All maintenance records should include at a minimum the following information:

Name of facility;

ii.

Date service performed;

iii.

Total volume of the interceptor/trap;

iv.

Total volume of material removed from the interceptor/trap;

List of all deficiencies identified from an inspection of the empty interceptor/trap;

vi.

Name of the grease trap service company;

vii.

Address of the grease trap service company;

viii.

Name and address of final disposal site;

ix.

Signature of the grease trap service company employee performing the work; and

Signature of the discharger's employee observing and accepting the services.

Record Retention. All grease interceptor/trap maintenance records shall be retained for a period of not less than three years. These records shall be retained at the food service facility and shall be made available for inspection by the city.

Disposal of Wastes from Interceptors and Traps. Storage, handling, transportation and disposal of all wastes from interceptors/traps shall be performed in accordance with applicable federal, state, and local regulations that pertain to the type and/or class of waste. Materials removed from waste interceptors/traps must be disposed of at legally designated locations for those specific type wastes. Materials removed from waste interceptors/traps shall not be discharged to the city sanitary sewers or storm drains.

Collection, Storage, and Disposal of Waste Grease and Solids. Dischargers are encouraged to collect excess oil and grease from deep fat fryers, pots and pans prior to washing. This waste grease and oil should be collected and stored in appropriate containers that are appropriated labeled. The collected waste grease and oil should be collected by a waste grease service company for disposal. In no case shall the discharger dispose of deep fat fryer oils and other collected waste greases and oils by discharge to the grease interceptor/trap to the city sewer system.

Clean up of Spilled Grease and Oil. The discharger shall clean up all spilled grease and oil using appropriate tools, including a mop and bucket. Bucket contents may be discharged to the grease interceptor/trap, and solid greases and oils that can be manually picked up should be held in the waste grease collection containers for final disposal. In no instance shall spilled grease and oils be washed to the stormwater drains. In the event that the city is required to clean up a grease and oil spill generated by a discharger, the city is authorized to assess cost recovery fees to the discharger for all costs associated with the clean up.

Use of Chemicals and Other Additives. The use of chemicals, emulsifying agents, enzymes, microorganisms, and/or other additives that are added to the grease interceptors/traps to reduce or eliminate the pumping and cleaning of the interceptor/trap is prohibited. Dischargers currently using a chemical or other additive must halt such use immediately on the effective date of the ordinance codified in this chapter.

Right of Access. The city, employees of the city, or authorized agents of the city, have the authority to enter the property of the discharger to conduct inspections of the entire facility, including the interceptors, traps, cooking and storage areas, restrooms, offices, service areas, and other areas of the facility. The city is also authorized to collect samples of any wastestream, including the discharge from the facility and the interceptors and traps. The city may obtain search warrants for inspection and sampling purposes. Failure to grant access may result in the suspension of sewer and water services provided by the city.

Enforcement. Failure to comply with the provisions of this chapter is considered a misdemeanor and subject to enforcement actions under the city codes. In addition, to these misdemeanor enforcement actions the city is authorized to take the following actions to achieve compliance to the city chapter.

Mandatory Interceptor/Trap Service. The city may issue an order requiring the discharger to conduct interceptor/trap maintenance services within a mandatory time period. The cost of the services shall be the direct responsibility of the discharger.

Mandatory Interceptor/Trap Service Schedule. The city may impose a mandatory pumping and cleaning schedule to assure the proper maintenance of an interceptor not properly maintained by the discharger. The cost of the services shall be the direct responsibility of the discharger. Mandatory service schedules may cover a time period of up to three years.

Cost Recovery. The city may assess the discharger the amount of those expenditures made by the city to clean up or prevent sewer blockages and overflows caused by the discharge from a food service facility.

Administrative Fines. The city may assess fines to the discharger, not to exceed $1,000 per day per violation, for violations of the city chapter.

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

Emergency Suspensions. The city may immediately suspend a discharge and/or water services, after informal notice to the discharger, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons.

(Ord. 05-254 § 2)

§ 13.26.170 Dental amalgam-mercury source control program.

Best Management Practices. All owners and operators of dental facilities that remove or replace amalgam fillings shall comply with the following best management practices:

No person shall rinse chairside traps, vacuum screens, or amalgam separators equipment in a sink or other connection to the sanitary sewer.

Owners and operators of dental facilities shall ensure that all staff members who handle amalgam waste are trained in the proper handling, management, and disposal of mercury-containing material and fixer-containing solutions, and shall maintain training records that shall be available for inspection by city environmental compliance staff during normal business hours.

Amalgam waste shall be stored and managed in accordance with the instructions of the recycler or hauler of such materials.

Dental unit water lines, chair-side traps, and vacuum lines that discharge amalgam process wastewater to a POTW must not be cleaned with oxidizing or acidic cleaners, including, but not limited to, bleach, chlorine, iodine, and peroxide that have a pH lower than six or greater than eight.

The use of bulk mercury is prohibited. Only precapsulated dental amalgam is permitted.

Amalgam Separators.

All existing dental facilities must install, operate, and maintain one or more amalgam separators or amalgam removal devices that meet the following requirements to remove dental amalgam solids from all amalgam process wastewater:

Compliant with either the American National Standard Institute (ANSI), American National Standards/American Dental Association (ADA) Specifications 108 for Amalgam Separators (2009) with Technical Addendum (2011) or the International Organization for Standardization (ISO) 11143 Standard (2008) or subsequent versions so long as that version requires amalgam separators to achieve at least 95% removal efficiency. Compliance must be assessed by an accredited testing laboratory under ANSI's accreditation program for product certification or a testing laboratory that is a signatory to the International Laboratory Accreditation Cooperation's Mutual Recognition Arrangement. The testing laboratory's scope of accreditation must include ANSI/ADA 108-2009 or ISO 11143.

The amalgam separator must be sized to accommodate the maximum discharge rate of the amalgam process wastewater.

An existing dental facility that operates an amalgam separator(s) that was installed prior to June 14, 2017 satisfies the requirement of this section until the existing separator is replaced or until June 14, 2027, whichever is sooner.

In the event that an amalgam separator is not functioning properly, it must be repaired consistent with manufacturer instructions or replaced with a unit that meets the requirements of subsection (B)(1)(a) of this section as soon as possible, but no later than ten business days after the malfunction is discovered by the owner, operator, agent or representative of the dental facilities.

As of July 14, 2017, any newly constructed dental facilities must comply with the requirements of subsection (B)(1)(a), (b) and (d) and the reporting and recordkeeping requirement of subsection C.

Proof of certification and installation records shall be submitted to the city environmental compliance staff within 30 days of installation.

Amalgam separators shall be maintained in accordance with manufacturer recommendations. Installation, certification, and maintenance records shall be available for immediate inspection upon request by the city environmental compliance staff during normal business hours.

Reporting and Record Keeping Requirement.

One-Time Compliance Report Deadlines. For existing dental facilities, a one-time compliance report must be submitted to city environmental compliance staff no later than October 12, 2020 or 90 days after a transfer of ownership. For newly constructed dental facilities, a one-time compliance report must be submitted to city environmental compliance staff no later than 90 days following the introduction of wastewater into a POTW.

Signature and Certification. The one-time compliance report must be signed and certified by a responsible corporate officer, a general partner, or proprietor if the dental facility is a partnership or sole proprietorship, or a duly authorized representative of the dental facility.

Contents.

The one-time compliance report for dental facilities that do not place or remove dental amalgam must include the facility name, physical address, mailing address, contact information, name(s) of the operator(s) and owner(s); and a certification statement that states that the facility does not practice the placement of dental amalgam and does not remove amalgam.

The one-time compliance report for dental facilities subject to the standards of this section must include:

The facility name, physical address, mailing address, contact information.

ii.

Name of the operator(s) and owner(s).

iii.

A description of the operation at the dental facility including: the total number of chairs, the total number of chairs at which dental amalgam may be present and may discharge into the resulting wastewater, and a description of any existing amalgam separator(s) or equivalent device(s) currently operated to include, at a minimum, the make, model and year of installation.

iv.

Certification that the amalgam separator(s) or equivalent device is designed and will be operated and maintained to meet the requirements specified in subsection B.

Certification that the dental facility is implementing BMPs specified in subsection A and will continue to do so.

vi.

The name of the third party service provider that maintains the amalgam separator(s) or equivalent device(s) operated at the dental facility, if applicable. Otherwise, a brief description of the practices employed by the facility to ensure proper operation and maintenance in accordance with subsection B.

Transfer of Ownership Notification. If a dental facility transfers ownership of the facility, the new owner must submit a new one-time compliance report to the city environmental compliance staff no later than 90 days after the transfer.

Retention Period. As long as a dental facility subject to this section in operation, or until owner-ship is transferred, the dental facility or the dental discharger or an agent or representative of the dental discharger must maintain the one-time compliance report, installation, certification, maintenance and repair, inspection, waste hauling records shall be retained for a minimum of three years and make them available for inspection in either physical or electronic form.

Vacuum Suction Systems Exemption. The following types of vacuum suction systems are exempt from requirements listed under subsection B:

The system was installed before 2003.

The system is a dry vacuum pump system with an air-water separator.

The sedimentation tank is non-bottom draining, with a drain above the anticipated maximum level of accumulated sludge.

Evidence of the regular pump outs (a minimum of once a year, or more often if either directed by the manufacturer or necessary to keep solids from exiting through the drain) is maintained and open to inspection by the city during normal business hours.

The system has no direct discharge pipe to the sewer on the bottom of the sedimentation tank.

Any owner(s) or operator(s) whose dental facilities meet conditions of subsections (D)(1) through (5) may apply for this exemption by written letters to the city environmental compliance staff. The city environmental compliance staff will review the system and, if the exemption is approved, shall provide a written letter of exemption.

Any exemption obtained pursuant to the section shall expire upon installation of a new vacuum system. Upon expiration of the exemption, the facility shall comply with this section before commencing further operation.

Exemptions. The following types of dental practices are exempt from this section, provided that the removal or placement of amalgam fillings occurs at the facility no more than three days per year: (1) orthodontics; (2) periodontics; (3) oral and maxillofacial surgery; (4) oral radiology; (5) oral pathology or oral medicine; (6) endodontistry and prosthodontistry; and (7) mobile units.

(Ord. 20-415 § 1)